Pre-Trial Argument Flashcards
Name two ways to classify pre-trial hearings.
- informal vs. formal
- evidentiary vs. non-evidentiary
Give examples of informal hearings.
- negotiations with client
- negotiations with opponent
- settlement conferences
- mediation
- off the record conferences with the court
- conferences with court staff
- correspondence
What is the one true distinction between formal and informal hearings?
Whether you’re on or off the record.
What’s the one true distinction between evidentiary and non-evidentiary hearings?
You need a live witness to testify at an evidentiary hearing.
Give two examples of evidentiary hearings.
- motion to suppress
- temporary protective order hearing
What are the four parts of the formula for the movant?
- Who you are
- What you want
- Elevator pitch
- Basis for relief
What is an elevator pitch?
A one-sentence case narrative.
What are 4 factors of the basis for relief?
- Sources
- Technique
- Burden of Proof/Standard of Review
- Persuasion (if judicial discretion)
What are three sources you might rely on?
- Dispositive cases
- Statutes
- Rules
What are two techniques you should use?
- Dead certainty
- Shared struggle
What 4 things about your facts can help you deliver dead certainty?
- Abundance
- Recency
- Consistency
- Universal acceptance
Say more about the shared struggle.
The advocate invites the court to work together to forge a new path forward.
What are 5 devices you can use to persuade?
- Trilogies
- Syllogisms/enthymemes
- Tense control
- Show harm if relief is not granted
- Frame relief as very small request
re: tense control - what does each tense evoke?
Past - blame
Present - passion
Future - choice
What are the 3 factors of the formula for the respondent?
- Basis to deny relief
- Reframing the facts
- Shift to persuasion (absent a good case or statute)
