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Bob23

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Oral Arguments question
« on: April 28, 2008, 02:01:22 PM »
I'm preparing for my first official oral arguments tomorrow as a finale for my legal writing class. I'm arguing off brief. There is one particular case that is not so good for my side. Most of the circuits agree on one particular issue (a least restrictive means question), but there is a 9th Circuit opinion that questions it. It does not expressly say that this particular method is not the least restrictive means, but is heavily critical of it. Is it appropriate for me to point out, in rebutting this case, that the 9th Circuit is the most reversed/overruled circuit in the country? Assuming I can provide a reliable source (I can) for that information?

jacy85

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Re: Oral Arguments question
« Reply #1 on: April 28, 2008, 02:06:53 PM »
No, I don't personally think that's appropriate.

What is the context of your oral argument?  Are you supposedly in front of the US S.Ct?  Before another circuit (not the 9th?)?
I think it's enough to argue that A) cases from the 9th Cir. are not binding in this circuit/in this case, and B) although 9th Cir cases are persuasive in this jurisdiction, the court should not accord this case much weight since every other circuit has decided the case differently.

jimmyjohn

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Re: Oral Arguments question
« Reply #2 on: April 28, 2008, 02:29:55 PM »
No, it's completely irrelevant to the issues in your oral argument.  Like Jacy said, in making your point it is sufficient to show that the weight of the authority in other circuits points to the opposite conclusion.  There is no need to make a strawman attack on the 9th circuit.  If anything, it might hurt more than it would help.

Bob23

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Re: Oral Arguments question
« Reply #3 on: April 28, 2008, 02:46:32 PM »
Those were essentially my thoughts, I just needed someone to confirm them for me. Thanks!