The Art of Litigation » Oral Argument http://theartoflitigation.com Sun, 07 Aug 2011 19:03:20 +0000 en hourly 1 http://wordpress.org/?v=3.0 Moot Court http://theartoflitigation.com/moot-court/ http://theartoflitigation.com/moot-court/#comments Wed, 30 Mar 2011 13:30:00 +0000 Woodruff http://theartoflitigation.com/?p=513

]]> http://theartoflitigation.com/moot-court/feed/ 0 Orthogonal http://theartoflitigation.com/449/ http://theartoflitigation.com/449/#comments Mon, 07 Feb 2011 14:30:10 +0000 Woodruff http://theartoflitigation.com/?p=449 Sometimes lawyers can get carried away with words. This appears to have been the case during oral arguments in Briscoe v. Virginia.

MR. FRIEDMAN: I think that issue is entirely orthogonal to the issue here because the Commonwealth is acknowledging -
CHIEF JUSTICE ROBERTS: I’m sorry. Entirely what?
MR. FRIEDMAN: Orthogonal. Right angle. Unrelated. Irrelevant.
CHIEF JUSTICE ROBERTS: Oh.
JUSTICE SCALIA: What was that adjective? I liked that.
MR. FRIEDMAN: Orthogonal.
CHIEF JUSTICE ROBERTS: Orthogonal.
MR. FRIEDMAN: Right, right.
JUSTICE SCALIA: Orthogonal, ooh.
(Laughter.)
JUSTICE KENNEDY: I knew this case presented us a problem.
(Laughter.)
MR. FRIEDMAN: I should have — I probably should have said -
JUSTICE SCALIA: I think we should use that in the opinion.
(Laughter.)
MR. FRIEDMAN: I thought — I thought I had seen it before.
JUSTICE SCALIA: Or the dissent.
(Laughter.)
MR. FRIEDMAN: That is a bit of professorship creeping in, I suppose.

H/T: Orin Kerr at The Volokh Conspiracy

]]> http://theartoflitigation.com/449/feed/ 0 Look to Hollywood and Madison Avenue for Inspiration http://theartoflitigation.com/look-to-hollywood-and-madison-avenue-for-inspiration/ http://theartoflitigation.com/look-to-hollywood-and-madison-avenue-for-inspiration/#comments Mon, 28 Jun 2010 21:47:28 +0000 Woodruff http://theartoflitigation.com/?p=274 One of the key components to a good case is a theme. The theme should speak to the judge or jury. It does not need to be long or complicated, a simple sentence works best. For example, everyone remembers Johnnie Cochran’s “if it doesn’t fit, you must acquit.”

If you are not creative, or have hit a wall in the creative process, look to Hollywood and Madison Avenue for inspiration. Billions of dollars are spent by the movie and advertising industries to create messages used to sell stories and products. Watch television commercials, successful movies, and advertisements to help get the creative juices flowing. You might even find your theme.

]]> http://theartoflitigation.com/look-to-hollywood-and-madison-avenue-for-inspiration/feed/ 0 Famous Trials http://theartoflitigation.com/famous-trials/ http://theartoflitigation.com/famous-trials/#comments Mon, 21 Jun 2010 22:09:41 +0000 Woodruff http://theartoflitigation.com/?p=269 Douglas Linder at the University of Missouri – Kansas City School of Law has created a webpage of famous trials. It contains transcripts, biographies, and other information. The earliest trial included is that of Socrates (399 B.C.). The most recent trial covered is the prosecution of Moussauri in 2006. It is a great source of information.

Famous Trials.

]]> http://theartoflitigation.com/famous-trials/feed/ 0 Poor Seventh Circuit Oral Argument http://theartoflitigation.com/poor-seventh-circuit-oral-argument/ http://theartoflitigation.com/poor-seventh-circuit-oral-argument/#comments Mon, 08 Feb 2010 17:16:56 +0000 Woodruff http://theartoflitigation.com/?p=116

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