constitutional law
The Constitutional Law class contains a required practicum, or lab, where the students compete in the <Undergraduate Moot Court debates>. The students engage in oral argument in the appellate style, just like lawyers do before the Supreme Court of the United States. The appellate style of argument incorporates both prepared remarks through the student’s core theory, but also answering judges’ questions under duress. Students must maintain their composure and their courtroom demeanor while drawing on case law to answer judges’ queries about the hypothetical case. The class incorporates oral argument both during class sessions and in weekly meetings where students get instruction and feedback on audience and setting appropriate to the courtroom, how to make their core theories and arguments clear and concise, and listening to the arguments of other students to provide feedback. Students comment on both the form and content of their peers’ public speaking.
Students receive extensive instruction on their oral communication from the professor, but also from judges and lawyers from around Licking County. At the beginning of the semester, the professor introduces the art of appellate argument and we talk extensively about how to develop a Moot Court personality, how to mesh your arguing style with that of your team member, and the differences between trial advocacy and appellate argument. We discuss eye contact, tone, quality and volume of ones’ voice, posture, unconscious body movements, hand gestures, and understanding your audience. Over the course of the semester, the instructor and each student intently watch every oral argument and after the completion of the argument, everyone offers feedback on the form of the oral communication as well as the content (in other words, their knowledge of the case law and their ability to persuade the judges of their position).
In addition, the evening practicum is a place where real-world judges and lawyers give extensive instruction and feedback on each student’s oral argument. Every week we bring in from 2-4 judges, who have been briefed on the case law and the fact pattern, to offer suggestions and instruction on the students’ oral arguments. These judges bring their real world experience from the behind the bench and from the bar to talk to the students about courtroom demeanor, how to respond to judges’ questions, how to focus their arguments, and how to manipulate the tone, quality and volume of their voices to offer a persuasive claim for their side. The judges’ comment on form and content, but their instruction really assists in helping the students understand the norms of the legal profession and the details of creating an articulate and persuasive oral argument. By the end of the semester, each student will have engaged in 5-7 different ten minute rounds of oral argument, a regional competition where students do three 10 minute rounds in a row, and various working group sessions where students do small group public speaking.
POSC 201
Eric Boehme
