Oral Argument Acknowledgment

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Multi-State
Control #:
US-APP-4THCIR-60
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PDF
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Description

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Oral Argument Acknowledgment is the process in which an appellate court hears arguments by lawyers representing both sides in a dispute, and then issues a ruling based on the arguments presented. This is commonly used in appellate courts, such as Supreme Court cases. Oral Argument Acknowledgment typically includes the presentation of arguments by both parties, questions posed by the court, and remarks from the court about the arguments made. There are two types of Oral Argument Acknowledgment: pre-argument and post-argument. Pre-argument Oral Argument Acknowledgment typically involves the court providing a brief summary of the legal issues in the dispute and then hearing arguments from both parties. Post-argument Oral Argument Acknowledgment involves the court providing a more detailed summary of the arguments made and then issuing a ruling based on the arguments presented. In both cases, the court will provide a written opinion or ruling that outlines the basis of its decision.

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FAQ

Aristotle postulated three argumentative appeals: logical, ethical, and emotional. Strong arguments have a balance of all of three, though logical (logos) is essential for a strong, valid argument. Appeals, however, can also be misused, creating arguments that are not credible.

What is oral argument? After both sides file the briefs, either party can request to have an oral argument before the Supreme Court. This is when both parties appear in the Supreme Court and each side argues their case and the justices may ask questions.

Who has the burden during the appeal? What right/privilege has been infringed? Where does this right or privilege come from, and how has it been infringed? What is the prejudice or lack of prejudice?

A few important points to keep in mind while you prepare for and present effective appellate oral argument. Know your audience. Familiarize yourself with the panel hearing the appeal.Know your forum.Know your weaknesses.Answer the question.Hit the high points without sacrificing pace.

Preparing Your Oral Argument Know your arguments completely.Understand the basic premise of each of the supplementary materials.Focus on the two most important arguments in the problem.Always focus on why your side is right, rather than on why the other side is wrong.

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Oral Argument Acknowledgment