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Topic: Oral argument


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In the News (Thu 9 Jul 09)

  
  Oral argument - Wikipedia, the free encyclopedia
Oral arguments are verbal presentations to a judge or appellate court by a lawyer (or the party when representing themselves) of the legal reasons why they should prevail.
Oral arguments can also occur during motion practice when one of the parties presents a motion to the court for consideration before trial, such as when the case is to be dismissed on a point of law, or when summary judgment may lie because there are no factual issues in dispute.
Oral argument is not always considered an essential part of due process, as the briefs also give the parties an opportunity to be heard by the court.
en.wikipedia.org /wiki/Oral_argument   (416 words)

  
 SUPREME COURT RULES - Rule 28   (Site not responding. Last check: 2007-09-06)
Oral argument should emphasize and clarify the written arguments in the briefs on the merits.
Any request for divided argument shall be presented by motion under Rule 21 and shall set out specifically and concisely why more than one attorney should be allowed to argue.
Oral argument will not be allowed on behalf of any party for whom a brief has not been filed.
www.law.cornell.edu /rules/supct/28.html   (369 words)

  
 Indiana Courts > Oral Arguments Online   (Site not responding. Last check: 2007-09-06)
Oral arguments are webcast LIVE in Real Media format as they occur in the courtroom.
Oral Argument webcasts will be archived after the last argument scheduled for the day has ended.
If you try to access an archived webcast for an argument that occurred earlier in the day, and you receive the error, "requested file not found," this means that the archive video is not yet available, and that you should check back later in the day.
www.indianacourts.org /apps/webcasts   (171 words)

  
 Oral Arguments   (Site not responding. Last check: 2007-09-06)
Oral argument is not really an "argument." Rather it is more like a high-powered conversation between the justices and the attorneys.
The attorneys have an opportunity to add to the arguments contained in their briefs (written arguments submitted to the court before oral argument).
Oral argument also lets the attorneys clear up misconceptions or questions raised by their briefs.
www.floridasupremecourt.org /oral_argument/index.shtml   (405 words)

  
 Argument - Wikipedia, the free encyclopedia
oral argument, a verbal presentation to a judge by a lawyer
Argumentative, an type of evidentiary objection to a question for a witness during a trial
Default argument, an actual parameter to a program that is used when no other actual parameter is provided
en.wikipedia.org /wiki/Argument   (330 words)

  
 Arizona Supreme Court Oral Argument Calendar
Most oral arguments are held in the Supreme Court courtroom at the Arizona State Courts Building.
Arguments are also held once each year at the the law schools of Arizona State University and the University of Arizona.
Oral arguments are open to the public, but cameras and other photographic equipment is restricted.
www.supreme.state.az.us /clerk/calendar.htm   (203 words)

  
 Oral Argument in the Alaska Supreme Court
Whether this is your first oral argument before the Alaska Supreme Court or you have argued to the court before, please consider these suggestions.
If the appellant or petitioner waives his or her opening argument or limits it to particular issues, any rebuttal argument after the appellee or respondent argues will be limited to topics discussed by the appellee or respondent.
There is nothing complex about presenting an oral argument and it is not necessary or desirable to try to phrase it in legal jargon.
www.state.ak.us /local/akpages/COURTS/scp-1.htm   (1037 words)

  
 LRRW: Oral Argument Assignment   (Site not responding. Last check: 2007-09-06)
Arguments will be heard in the Courtroom 112 of the Superior Court for the District of Columbia, which is located at 500 Indiana Avenue, N.W. For those of you travelling by subway, take the Red Line to Judiciary Square Station.
In preparing for oral argument be advised that you are limited to the arguments raised in the briefs.
Argument for each counsel will be limited to ten (10) minutes; counsel for the moving party may reserve one (1) minute for rebuttal.
www.law.howard.edu /faculty/pages/berry/lrrw/clas2006/mootcourt/oralarg8.htm   (758 words)

  
 20CFR501.501.5 - Oral argument.
Generally not more than 1 hour shall be allowed for oral argument by any party although in appropriate cases the Board may in its discretion extend or shorten the time allowed.
Failure to respond to a notice of oral argument shall not prejudice the rights of any party to the proceeding.
The Board in its discretion may set the case for further argument upon notice or it may proceed to dispose of the appeal pursuant to Sec.
www.dol.gov /dol/allcfr/esa/Title_20/Part_501/20CFR501.5.htm   (123 words)

  
 20CFR802.802.307 - Notice of oral argument.
(a) In cases where a request for oral argument has been approved or where oral argument has been ordered, the Board shall give all parties a minimum of 30 days' notice, in writing, by mail, of the scope of argument and of the time when, and place where, oral argument will be held.
(b) Once oral argument has been scheduled by the Board, continuances shall not be granted except for good cause shown by a party, such as in cases of extreme hardship or where attendance of a party or his or her representative is mandated at a previously scheduled judicial proceeding.
Unless the ground for the request arises thereafter, requests for continuances must be received by the Board at least 15 days before the scheduled date of oral argument, must be served upon the other parties and must specify good cause why the requesting party cannot be available for oral argument.
www.dol.gov /dol/allcfr/Title_20/Part_802/20CFR802.307.htm   (186 words)

  
 Supreme Court Watch -- Tentative Opinions and the Right to Oral Argument on Appeal   (Site not responding. Last check: 2007-09-06)
With the tentative opinion in hand, the attorney can use oral argument to effectively and efficiently zero in on problem areas, providing meaningful dialogue on what the panel considers to be key points.
The notice went on to state that scheduling of oral argument "regularly delays filing of the opinion for six to ten weeks" and as much as five months if the case is continued.
It makes appellate oral argument a far more effective tool, and allows for meaningful dialogue with a court that is willing to listen and change its collective mind when appropriate.
www.sdma.com /sedgwick.updates/articles/c-a-law-update?2004_june01.html   (1105 words)

  
 Flynn's Oral Argument
He would become much admired within his profession, for though he argued with earnest passion in the courtroom, in a style of speaking that at times could be candidly assertive and was not easily deposed, he was a man of impeccable sincerity and humility.
His closing arguments drew standing audiences who were routinely swept away by the force and persuasiveness of his oratory.
First, he wanted to frame the central argument in such a way that all nine justices could take the first step toward abstracting his central premise: Most American citizens were at a legal disadvantage as soon as they came under police scrutiny.
garylstuart.com /210FlynnOralArgument.htm   (683 words)

  
 Oral Argument Arrangements
Below is the schedule for oral arguments on Monday, March 29, and Wednesday, March 31.
At the end of the argument, if you have been interrupted a great deal and feel that you have not been able to make your key points, you may request an extra minute.
Remember, have fun and treat the argument as a learning experience, which is what it is intended to be.
www.law.buffalo.edu /Academics/courses/561/Oralarg2004.htm   (234 words)

  
 Argument Webcast of the Supreme Court of Appeals of West Virginia
The Court hears hears oral argument at specific times scheduled throughout the term.
Members of the public now have three ways to hear oral arguments before the state's highest court: by attending in person (get directions), by listening over the call-in line (304-558-1313)(available only when the Court sits in Charleston), or by watching and listening via this Webcast.
All of the Court's Argument and Motion Dockets are Webcast.
www.state.wv.us /wvsca/Webcast.htm   (589 words)

  
 37 CFR 2.129, Oral argument; reconsideration. (BitLaw)
If a party desires to have an oral argument at final hearing, the party shall request such argument by a separate notice filed not later than ten days after the due date for the filing of the last reply brief in the proceeding.
Oral arguments will be heard by at least three Members of the Trademark Trial and Appeal Board at the time specified in the notice of hearing.
Unless otherwise permitted, oral arguments in an inter partes case will be limited to thirty minutes for each party.
www.bitlaw.com /source/37cfr/2_129.html   (329 words)

  
 Rule 34. Oral Argument   (Site not responding. Last check: 2007-09-06)
Oral argument shall be allowed in all cases unless pursuant to local rule a panel of three judges, after examination of the briefs and record, shall be unanimously of the opinion that oral argument is not needed.
The clerk shall advise all parties whether oral argument is to be heard, and if so, of the time and place therefor, and the time to be allowed each side.
After the argument counsel shall cause the exhibits to be removed from the court room unless the court otherwise directs.
www.ohnb.uscourts.gov /Documents/Frap/frap39.htm   (467 words)

  
 Transcript of oral argument in U-M Law School case
Following are excerpts from the transcripts of the oral arguments Tuesday before the Supreme Court as recorded by the Alderson Reporting Company.
And it seems to me that that is -- it becomes very clear in the University's argument that what they've done -- and they didn't argue so much this in the lower court, but they made it very clear that their justification for the preferences is based in effect on remedying societal discrimination.
Their argument and their briefs and in this Court has been that when the day comes, someday and maybe it will come someday, we hope that it will, that someday that we will be able to stop using race for these purposes.
www.freep.com /news/latestnews/pm13946_20030401.htm   (8558 words)

  
 034 Pa. Code § 111.17. Oral argument.   (Site not responding. Last check: 2007-09-06)
(a) The Board will schedule oral argument in every appeal or cross appeal unless all parties to the appeal or the cross appeal, upon receiving the acknowledgment of appeal or cross appeal, indicate that no oral argument is requested, or that it is waived.
Oral argument will be conducted in Harrisburg, Philadelphia and Pittsburgh and in other locations throughout this Commonwealth, as the Board may schedule, or, as is appropriate in the Board’s judgment.
(d) Parties shall be advised as far in advance as possible of the date of oral argument by the acknowledgment of appeal or cross appeal as specified in § 111.13(b) (relating to processing of appeals and cross appeals).
www.pacode.com /secure/data/034/chapter111/s111.17.html   (419 words)

  
 Oral Argument   (Site not responding. Last check: 2007-09-06)
Oral argument shall be allowed in all cases unless the district judge or the judges of the bankruptcy appellate panel unanimously determine after examination of the briefs and record, or appendix to the brief, that oral argument is not needed.
Oral argument will not be allowed if (1) the appeal is frivolous; (2) the dispositive issue or set of issues has been recently authoritatively decided; or (3) the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument.
This rule is derived from Rule 34(a) F.R.App.P. The other details of oral argument which are covered by the remaining subdivisions of Rule 34 F.R.App.P. are not in these rules and are left to local rule or order of the court.
www.touchngo.com /lglcntr/usdc/frbp/8012.htm   (188 words)

  
 Oral Argument in the Appellate Division   (Site not responding. Last check: 2007-09-06)
Rule 2:11-1(b) provides that appeals in the Appellate Division shall be submitted without oral argument unless argument is requested within 14 days after service of the respondent's brief or is so ordered by the court.
An attorney not requesting oral argument, relying on the request of another, will forego, except by way of a motion, the opportunity to later request argument in the event the other attorney withdraws the request.
In scheduling appeals for oral argument, the Clerk's office takes into account attorneys' vacation plans and other conflicts which the Clerk's office has been apprised of prior to scheduling.
www.judiciary.state.nj.us /notices/2000/n001101e.htm   (211 words)

  
 PRESENTING THE ORAL ARGUMENT   (Site not responding. Last check: 2007-09-06)
There are some fundamental differences between the oral argument you will present before the Evergreen Supreme Court and the one you wrote in your appellate brief.
From your viewpoint as legal counsel, the oral argument clearly is an opportunity to convince the judges to rule in your favor.
Each co-counsel will be allotted eight minutes for oral argument, a total of 16 minutes for the petitioner co-counsel team and 16 minutes for the respondent co-counsel team.
192.211.16.13 /g/gomezj/Court/oralargument.htm   (930 words)

  
 Oral argument
Oral argument at the appellate level accompanies written briefss, which also advance the argument of each party in the legal dispute.
Presenting lawyers usually cannot get away with simply making speeches or reading their briefs when presenting oral argument.
Whether a court will permit, require, or guarantee the opportunity to present oral argument is usually left up to each local court to decide as part of its local rules of procedure, with differences from court to court even within a single jurisdictional system.
www.brainyencyclopedia.com /encyclopedia/o/or/oral_argument.html   (440 words)

  
 [No title]
The government's argument, as advanced by Olson, is very simple: the language in the copyright clause is so general as to almost not restrict Congress' power at all.
About the best argument Lessig made was that there's no such thing as an equally applicable retrospective extension, because a retrospective extension always applies to "particular authors." On the face of it, this is a weak argument, unless the Justices are looking for some bit of minutiae on which to hang new law.
The one non-obvious tack Olson's argument took was to continually emphasize that the "promot[ing] progress" language wasn't intended to apply just to authorship, but also to distribution.
allafrica.com /staff/kwindla/eldred.txt   (1342 words)

  
 C.A. Mandates Oral Argument of Summary Judgment Motions
Dicta in a 1995 opinion, in which Haller concurred and which suggested that a hearing with oral argument was not always required, is no longer pertinent, the justice said.
The defendants then brought their writ petition, asserting substantive objections as well as their procedural contention that it was error for the judge not to hear oral argument.
The court there held that the statutory requirements that a “hearing” be held and that the motion be “heard” mean that oral argument must be allowed.
www.metnews.com /articles/2004/bram011404.htm   (492 words)

  
 Rule 505.Oral Argument.   (Site not responding. Last check: 2007-09-06)
The clerk shall prepare the calendars of cases for oral argument, under the direction of the courts.
Once a case has been placed on the calendar for oral argument, argument will not be postponed except upon filing of a motion accompanied by an affidavit of counsel or the party or both showing good cause for postponement.
Argument of shorter duration may be prescribed by the clerk under the direction of the court.
www.touchngo.com /lglcntr/ctrules/app/App-43.htm   (322 words)

  
 Preparing for and Delivering an Effective Oral Argument
At its worst, oral argument is a droning verbal rehash of the points and authorities already laid out in the brief, delivered before a passive panel of judges.
Your oral argument will provide you with an opportunity to clarify points you didn't make so well, to state more persuasively and forcefully your best points, and to do a better job of responding to the strong points made by your opponent.
While it’s usually unwise to begin your oral argument by reciting the case facts, the court may well have factual questions for you, particularly where the abstract (or appendix, if you’re in federal court) is unclear.
www.ualr.edu /~cmbarger/PrepareOA.html   (2196 words)

  
 Cornell College: Appellate Brief & Oral Argument
Purpose: The purpose of the Appellate Brief and Oral Argument assignment is to practice the research and advocacy skills which are characteristic of liberal education and essential for the legal trade, and to do so in a situation which simulates to some degree the real-world legal environment.
This is an advocacy brief--a synopsis of the most critical arguments and precedents which favor your side of this controversy.
Attorneys are reminded that preparing the written brief and preparing the oral argument are different tasks.
www.cornellcollege.edu /politics/courses/allin/365-366/appellate-brief-oral.htm   (748 words)

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