I have to present an oral argument in a week for a mock moot court case we’re doing in Legal Skills. It involves a police officer who, while off-duty, beat a man. There are two issues that I must argue. First, whether the court of appeals has jurisdiction to hear the plaintiff’s appeal. Second, whether the officer acted under the color of law. I represent the defendant (police officer) and kind of have my back up against the wall.
I did a practice oral argument for Legal Skills today. It went OK, but I was nervous and it showed. Apparently, I said, “um,” 51 times in ten minutes. Someone was actually counting. I was advised to reference my case law before the judges do; this will put me on the offensive as opposed to the defensive because I will be able to highlight the stronger analogies. I also need to be less monotone and more detailed, however my pacing was good and I was direct and clear.
The final question asked of me was, “How do you arrest an unconscious man?” To which I replied, “I would like to conclude my argument here…” I had no answer… I froze… but, now that I’m home I know how to answer it. So, I guess that’s one roadblock I know how to avoid when the real argument comes up.