March 12, 1999

Reflection paper: indicated dates you attended - talk about your experience; do not talk about the specific cases you heard; say if it was helpful or not

Next week office hours:

Tuesday - 1:30 -- whenever (open)

Wednesday - 2:00 -- whenever (appointments - 15 minutes each)

Thursday - 1:00 -- whenever (open)

Oral arguments - Evening of March 31 - at courthouse - more information next week

Watch these for information:

Upper division moot court arguments - March 23, 25, 29, 31 April 9

(criminal courthouse on heading street)

March 18^th - 6^th District Court of Appeals in Moot Court room - 9:30 - noon

Paper due March 22

One more class meeting after that

Practice rounds - begin the day after we turn in our briefs - bring in a videotape

Hodgens will read

Oral arguments - we CAN invite guests, will be 4 people in room at same time. We must bring in our separate timekeeper

5 groups from 6 - 7, 5 groups from 7:45 - 8:45 or so…

General comments on briefs:

• This experience very close to real life
• Write for senior partners, judge, client

Need to update the law before we turn in our briefs; see if there is a new case that would change our arguments. Check law through this Friday at noon

• Only acceptable font is Times New Roman 12
• Must turn in our rough drafts when we turn in the final. Scratch off name when we do it.
• Don't write justified
• Page numbering needs to flow
• Footnotes need to flow
• Page 1 starts on statement of facts
• If we made same error over and over generalize her comments
• Some editing and some general comments
• Use defined terms consistently
• Serious health condition should be in quotes every time we use it.
• Check headers again after we change the text - make sure they still work

Statement of facts:

• use the facts to our benefit in a seemingly objective way

summary of argument

• one paragraphy per argument
• write for nieve reader

specifics:

• company counsel has problem with courts NOT bayne on issue one
• introduction to the argument does not count against issue one's page limit
• in introductory argument section state with a cite that Bayne is an eligible employee under FMLA (SEE EXAMPLE)

if Bayne's counsel, the lower courts did not expand!!!!!!!

Company issue one - don't say the obvious - what does the FMLA, Leg His and regulations say about funeral leave - Many people never said that none of this stuff said anything about funeral leave..

Say: neither the FMLA, Leg His, or Regulations cover funeral leave.

Be truetheful about what the company did and did not do

• will come across as credible
• but based on the legal arguments it did not matter.. BE CLEAR on this

conclusion:

if we won below want that affirmed, if we lost we want that overturned

company issue 2: