Instead of just reading Supreme Court opinions, we will also simulate the way in which the decisions are made. To this end, we will conduct a mock Supreme Court where you will play one of the roles at the Court (justice, attorney) in hypothetical cases. This assignment is worth 100 points, which is two letter grades (the same as an exam).
Importantly, you will be evaluated (anonymously) by others in your group. This will factor into your grade. FAILURE TO TURN IN AN EVALUATION FORM WILL NEGATIVELY IMPACT YOUR GRADE.
Role Descriptions
Attorneys: The attorneys will be split into teams and given a hypothetical case and client. Let’s say it is Solo v. Picard; you will be assigned to represent one of the two parties. You and your group will then prepare an argumentative brief urging the Court to rule in favor of your client using case law we have discussed or will discuss in class. Do not use off syllabus cases. If you say it, you should have a case to back it up. Unlike the summary briefs which you have written during the semester, these briefs will state your side’s view of the case and applicable law. Instead of simply summarizing cases in a neutral manner, these argumentative briefs are tools of advocacy. Put your spin on the facts, emphasize the cases helpful to you, and find ways to distinguish those cases which hurt your position.
On the day of oral arguments, one of your group members will present oral arguments to the Court. You will get five minutes to make your case. Recall that the justices can interrupt you with questions at any time- there is no assistance from your group members when you are arguing to the Court (so whoever presents oral arguments should be very familiar with the brief and the cases you cite.) You must cite case law over the course of your argument. I do not want to hear arguments based on facts.
Justices: The justices will receive the party briefs in each case a few days before oral argument. After reading over the briefs, the justices will hear oral arguments in the case. During oral arguments the justices may ask questions at any time (this includes interrupting the attorneys mid-sentence if you so wish). Questions should reference not only what the attorney has said, but also what is written in the brief, and your understanding of the case law at hand. After the oral arguments are over, the justices will meet privately to vote and assign opinions. One of the justices will announce the opinion at a later class period. You will note that there is a very short turn-around between the oral arguments and when the opinion is due. To that end, you should begin to prepare your opinion well in advance using the briefs submitted by the parties (with minor tweaks after oral arguments.)