Appellate Advocacy 410A Syllabus

APPELLATE ADVOCACY 410A SYLLABUS

Fall Semester 2016

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·  Professors Shama Mesiwala and Richard Schickele

·  Classroom: Room 1001 on Tuesdays from 6:10 to 8:00 p.m.

·  Professor Mesiwala’s contact info: ; (916) 651-6107

o  Please contact Professor Mesiwala for any administrative matters

·  Professor Schickele’s contact info: ; (530) 902-4297

·  Office hours: Room 2109 on Tuesdays from 5 p.m. to 6 p.m. or by appointment

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TEXTBOOK

Optional: Carole C. Berry, Effective Appellate Advocacy: Brief Writing and Oral Argument (4th ed. West Group 2009) [this textbook will be required for spring semester]

COURSE OVERVIEW

Appellate Advocacy is a practical course, designed to teach students the fundamental skills of advocating a client’s position in an appellate court, on appeal from a trial court. The course is year-long, with the fall semester focused on oral advocacy and the spring semester focused primarily on persuasive brief writing. Each semester is two units and is graded on a credit/no credit basis. Students may choose to take only the fall semester. Successful completion of the fall semester is a prerequisite for enrollment in the spring semester. Participation in most inter-school competitions and eligibility for membership on the Moot Court Honors Board require the successful completion of both semesters.

The fall semester will include lectures, in-class oral argument exercises, short writing assignments, guest speakers, videotaped demonstrations of oral arguments, and the moot court competition rounds. Students will gain substantial experience conducting oral arguments. The course is a collaboration of the professors and the members of the Moot Court Honors Board, who conduct the in-class oral argument exercises and administer the moot court competition. The professors and the Moot Court Honors Board will treat the students professionally and expect the same courtesy from the students. During the weeks of the in-class oral exercises, students may be requested to remain after 8:00 p.m. to complete the in-class oral argument exercises.

ATTENDANCE REQUIREMENTS

Due to the in-class oral argument exercises and the competitive rounds of the moot court competition, this course requires regular attendance. All five in-class oral argument exercises are mandatory. One absence may be excused by the professors. To be excused, you must contact Professor Mesiwala with the reason for your absence on or before noon of the day the class you would like to miss. This ensures that the Moot Court Honors Board Scheduling Chair will be able to accommodate your absence.

GRADING CONSIDERATIONS

Appellate Advocacy is taught on a pass/no pass basis. A pass grade in the fall semester requires the following:

1. Regular class attendance;

2. Participation in all of the in-class oral argument exercises;

3. Completion of four oral arguments during the moot court competition rounds (two arguments in each of the two rounds);

4. Submission of a short written argument (4 to 6 pages double spaced) as part of the first round of the moot court competition;

5. Submission of a short written critique (1 to 2 pages double spaced) of an appellate argument before the Court of Appeal, Third Appellate District in Sacramento, the California Supreme Court, the United States Court of Appeals for the Ninth Circuit, or another appellate court (due no later than 11:59 p.m., Friday, December 2) to be submitted to SmartSite.

The written critique may include the following: quality of advocacy, persuasiveness of arguments, attorney demeanor, judges’ reactions to the arguments, the nature of the judges’ questions, and the efficacy of the attorneys’ responses.

CLASS SESSIONS AND ASSIGNMENTS

Class One: August 23

·  Introduction of professors

·  Explanation of the class

·  Introduction of the Moot Court Honors Board

·  Importance of appearance

·  Distribute outline of how to present an oral argument

·  Optional reading: Berry, Chapter 4, pages 51-65

Class Two: August 30

·  Preparing for oral argument

·  First oral argument exercise

·  Optional reading: Berry, Chapters 8 and 9

Class Three: September 6

·  Presentation of the oral argument

·  Second oral argument exercise

·  Optional reading: Berry, Chapter 10

Class Four: September 13

·  The appellate process: the role of oral argument

·  Third oral argument exercise

·  Optional reading: Berry, Chapters 1 and 2

Class Five: September 20

·  Understanding the appellate process

·  Preserving issues for appeal

·  Fourth oral argument exercise

·  Optional reading: Berry, Chapter 6

Class Six: September 27

·  The appellate brief: the argument section (and its role as the most important component of the appeal and its relationship to oral argument)

·  Fifth (and final) oral argument exercise

Wednesday, September 28: Moot Court Honors Board to post Fall Problem 1 for the competition rounds

Class Seven: October 4

·  Presentation by the Moot Court Honors Board regarding competition rounds

·  Watch videotaped Ninth Circuit Court of Appeals en banc oral argument

Class Eight: October 11

·  Guest lecture by Mr. Angelo DeSantis on effective brief writing for moot court competitions

October 14 written argument for moot court competition due

Weeks of October 17 and 24: Moot court competition rounds

Friday, October 28: Moot Court Honors Board to post Fall Problem 2 for the competition rounds

(The week starting October 31 will not have Moot court competition rounds)

Weeks of November 7 and 14: Moot court competition rounds

Class Nine: November 29 LAST CLASS

·  Guest speakers

·  Presentation of awards for Fall Moot Court Competition

Friday, December 2 WRITTEN CRITIQUE OF APPELLATE ARGUMENT. Submit to SmartSite (due no later than 11:59 p.m.)

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