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Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs , which also advance the argument of each party in the legal dispute.
Participants take part in simulated court or arbitration proceedings, usually involving drafting memorials or memoranda and participating in oral argument. In many countries, the phrase "moot court" may be shortened to simply "moot" or "mooting". Participants are either referred to as "mooters" or, less conventionally, "mooties".
Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. A closing argument, or summation, is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the ...
The 5th U.S. Circuit Court of Appeals appeared unreceptive to Texas' arguments that its new immigration law should take effect because it "mirrors" federal law.
It is often conducted orally, and a formal oral argument between two sides is a debate. [20] The purpose of argumentation (also called persuasive writing) is to prove the validity of an idea, or point of view, by presenting sound reasoning, discussion, and argument to thoroughly convince the reader. Persuasive writing/persuasion is a type of ...
Argument: Oral argument: Case history; Prior: Verdict for defendant in the United States District Court for the District of Oregon, 796 F. Supp. 1354 (D. Or. 1992); reversed by United States Court of Appeals for the Ninth Circuit, 23 F.3d 1514 (9th Cir. 1994); cert. granted, 513 U.S. 1013 (1994).
Oral arguments were held on March 21, 2023. On June 29, 2023, the Supreme Court vacated the Tenth Circuit's judgment and remanded for further proceedings in a unanimous decision that fractured 5–4 on the reasoning.
Motion hearings are held when a party asks the court to take a specific action in the case. For example, a party may request that certain evidence be excluded from trial or that a case be dismissed before trial. In a motion hearing, each side presents arguments and evidence to the judge, who then makes a decision based on the law and facts ...