Rules of Procedure: Dred Scott and Lochner cases
1. Either or both of the lawyers may argue orally. Both must contribute to the preparation of the brief and the oral argument. Team members will share the grade.
2. The entire brief must be viewable at a single glance: one page only. Sample briefs for Gillette v. U.S. online should be used as the model. An electronic copy of the brief must be sent to me before class begins so I can send it to everyone.
3. The Court will be given five minutes at the beginning of class to read the briefs, but Justices will not be allowed to ask questions of the counsel.
4. The oral argument should not merely repeat the brief. Rather, it should explain, augment, and/or elucidate the points that will convince the Court to decide for your side.
5. Each side will be allowed 6 minutes, closely timed, to argue. Rehearsal is recommended to manage the time. Petitioner may reserve up to 90 seconds to use as rebuttal. In rebuttal, Petitioner may not present a new argument, but may only review own and opponents' arguments. Respondent may reserve nothing, but must rebut during the 6-minute stand.
6. Immediately following the oral arguments, the Court will have a total of 3 minutes to question counsel. Questioners must be recognized by the Chief Justice. Justices will not be allowed to argue with counsel, but merely to ask questions. These rules are not like the ones followed by the Real Court, but are necessary in a class.
7. The Court will then "retire" to deliberate. Because this is a class, counsel will be allowed to remain and to hear the deliberation. But any single sound or gesture from any counsel will result in expulsion from the room with a grade of "F" for the project. Be a fly on the wall.
8. All of the foregoing rules will pertain to Lochner v. New York, too.
9. Papers are due on the days of the cases from all who are not lawyers in the case heard that day. See the syllabus.