AP US Government & Politics: Aucoin – Mock SCOTUS assignment

Lesson Design: Students will be preparing for and presenting oral arguments before a “mock” US Supreme Court. In preparation, students, working in attorney teams of 2, will choose current cases pending (not yet decided) from the current SCOTUS term, and prepare a written brief to be submitted to the Court to be used as the basis for their scheduled oral arguments.Expected Learner Outcomes: Attorney teams will research their current case using various websites to prepare their briefs. The briefs will become the basis of their oral arguments. Students will enhance their ability to research, write, analyze, and synthesize information from their research. In addition, oral presentation skills are necessary to prove their case before the student panel of judges.

Form:Briefs will be submitted in the following format:

Typed in a legible font such as Courier or Times, 11 or 12 point.

1.5 or double spacing between lines is generally used, as demonstrated in the sample.

One inch (1") margins should be used.

Briefs shall not exceed three (3) pages, excluding the title page, but including all other elements.

All pages except the title page shall be numbered, the page after the title page being page 1.

Signatures of both team members must appear at the end of the document in the location indicated in the sample.

Content:Briefs must contain the following elements in the order listed:

  1. Title Page: The title page shall be in the form shown in the sample brief (online reference)that follows this section. It contains:
  • The words IN THE AUCOIN MOCK SUPREME COURT OF THE STATE OF CALIFORNIA
  • The docket number (can be found on or the case handout)
  • The name of the petitioner and the respondent as stated in the case
  • Identification of the brief as being that of the Petitioner or the Respondent
  • Court from which the case originated
  • Name of “Advocates” appearing before the court.
  1. Statement of the Case: This is a very short introductory statement of the legal issues or points of law involved in the case. It tells the Justices precisely what legal issues the attorney team wants the Court to decide. These statements are very short, generally no more that one sentence per issue, and are generally placed just before the Statement of the Issues.

Example:

The petitioner may phrase an issue this way: "Did the trial court err in holding that...?"

The respondent may phrase the issue in the same case this way: "Did the trial court correctly conclude that...?"

  1. Statement of the Facts: The Statement of the Facts is a retelling of the facts from the client's point of view. This section should be no more than one page.

Attorneys explain the situation in a way that helps their client. This is a very important part of the brief that sets the stage for the argument, and should be presented both to help the court understand the case and show the client in the best possible light.

For example, here is how parties in a real Supreme Court appeal used the Statement of Facts in different ways to support their positions:

The Petitioner’s brief began this way: "[John Doe] was a mentally ill nineteen year old when he participated in a robbery with a juvenile female..."

The Respondent’s brief began: "Since [John Doe] pleaded guilty..."

  1. Summary of Argument: This is the core of the brief. Students may find the argument to be like writing a persuasive essay. It presents support for the issues presented earlier. Arguments must be well-organized and convincing; attorneys will win or lose their case based on the quality and substance of what is said.Each point the team wants the court to consider in deciding the case must be described, and the reasons explained. Arguments should between 1-2 pages.

Structurally, each part of the argument is first directed at supporting the various issues of one's own case, then also opposing the contentions anticipated to be brought up by the opposing party.

Stylistically, the argument is written in forceful, active, positive language. (A team wants the court to rule FOR their client, not simply against the opposing counsel.) The argument also forms the core of one's oral presentation and will be used by the Justices to make their decision.

The writing of the argument, as shown in the sample brief, uses headings and subheadings to begin each section of the narrative and help clearly organize the argument. The idea is to do everything in terms of both form and substance to help the Court understand the reasonableness and logic of the argument, and thus decide in one's favor.

The following outline style is one commonly used:

I. ISSUE (bold and all caps)

A. Main Point (Bold, Underlined, First Letter Caps)

1. Supporting Points (Bold, First Letter Caps)

Note: This is also handy way to prepare one's notes for the oral argument. It is more effective to have an outline to refer to than the written text. One reason to outline an oral argument is because Justices are free to interrupt an oral argument and ask questions at any time. Questioning can take an oral argument off track very quickly. Therefore, an outline is better than a prepared speech because it allows the Attorney a more effective way to remember what points have been covered and makes it less likely that someone will lose his or her place.

  1. Conclusion: This is where the Attorney team summarizes their argument and specifically states the result desired. The conclusion in a Mock Supreme Court brief can be as short as one sentence, and should not exceed a single short paragraph.The signatures of the Attorney team follow the conclusion, as shown in the sample.

FOR A SAMPLE OF AN ACTUAL SUPREME COURT BRIEF GO TO:

NOTE – not all of the elements used in the actual brief are required for this assignment. Only use the elements listed above.