Analyzing Oral Arguments

In appellate arguments, what do lawyers primarily do?

• Call new witnesses

• Present new evidence

• Advocate for a position on the case

• Re-try the case from the beginning

Who do lawyers for the petitioner represent in appellate court?

• The ruling of the lower court

• A neutral position

• The party challenging the lower court’s ruling

• The panel of judges

Lawyers for the respondent typically:

• Ask the judges hypothetical questions

• Argue against precedent

• Advocate for upholding the lower court’s ruling

• Introduce new witnesses

What is precedent?

• A law passed by Congress

• A previous court decision used as a guide in future cases

• A hypothetical scenario created by judges

• A written opinion that is never binding

The principle of stare decisis ensures that:

• New evidence is always considered

• Trial courts always win on appeal

• Similar cases are decided the same way as past cases

• The Supreme Court cannot overturn decisions

What kind of court is a circuit court in the federal system?

• Trial court

• Main appellate court below the Supreme Court

• Only for criminal cases

• A special court for schools

Which of the following is the best example of a limitation of the Court?

• Judges asking how precedent applies

• Judges avoiding decisions that interfere with state powers

• Judges asking about facts in the trial record

• Judges considering extracurricular activities

Judges sometimes use hypothetical questions to:

• Re-examine witness testimony

• Test how a legal rule would apply in different situations

• Clarify the procedural history

• Determine the curriculum in schools

A “slippery slope” question focuses on:

• What past precedent says

• What facts are in the record

• What future consequences might follow from a ruling

• Whether new evidence is admissible

When judges ask about the record, they want to know:

• How the trial court handled evidence and testimony

• Whether the petitioner’s lawyer was persuasive

• If precedent should be overturned

• How extracurriculars affect the case