Need outline of arguments for Oral Advocacy – mock court
I have included two appellate briefs on dismissal of preliminary injuction.
The two issues to reverese and remand the denial of the preliminary injuction are:
1) whether the speech was off-campus (prove yes) and
2) whether it caused substantial disruption (prove no).
Read the papers attached that are already written to create assertions supporting Ms. Olsson and present at oral argument. Some are already in the papers, you may come up with more using additional cases. Write this in form of an outline.
Split as layed out below: (1) off campus (2) substantial disruption.
1) Off- campus
Assertion supporting Ms. Olsson
– take facts citing to J.A. that support assertion
– use cases that support (summary of facts of case similiar to Ms. Olsson, rule, holding/reasoning of each specific case)
Assertion
Assertion
2) Substantial Disruption
Assertion Assertion supporting Ms. Olsson
– take facts citing to J.A. that support assertion
– use cases that support (summary of facts of case similiar to Ms. Olsson, rule, holding/reasoning of each specific case)
Assertion
Assertion
Include as many assertions as possible
Included counter arguments (arguments supporting the school but disprove)
Questions to answer:
Where are the hard issues?
– What hard hypotheticals are there?
– Where are the key disagreements between the parties?
– What practical considerations or public policies impact the weight of the arguments (that is,
what real or hypothetical facts, if slightly altered, could influence the outcome)?
– What are the most likely counterarguments to your points?
– Are there points of compromise that might be suggested if the judge seems to be leaning the
other way? Construct a variety of fallback positions and plan when you might introduce themWhere are the hard issues?
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