Search Results for: ORAL ARGUMENT

oral argument

oral argument. An advocate’s spoken presentation before a court (esp. an appellate court) supporting or opposing the legal relief at issue. — Also termed (in BrE) hearing. [Cases: Appeal and Error 824; Federal Courts 742.] “[T]he oral argument is the one chance for you (not for some chance-assigned mere judge) to answer any questions you […]

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argument

argument. 1. A statement that attempts to persuade; esp., the remarks of counsel in analyzing and pointing out or repudiating a desired inference, for the assistance of a decision-maker. 2. The act or process of attempting to persuade. See ORAL ARGUMENT; CLOSING ARGUMENT.

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hot court

A court, esp. an appellate court, that is familiar with the briefs filed in the case, and therefore with the issues, before oral argument. • Typically, a hot court controls the oral argument with its questioning, as opposed to listening passively to set presentations of counsel.

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prehearing conference

prehearing conference. An optional conference for the discussion of procedural and substantive matters on appeal, usu. held in complex civil, criminal, tax, and agency cases. • Those attending are typically the attorneys involved in the case as well as a court representative such as a judge, staff attorney, or deputy clerk. Fed. R. App. P.

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bench memo

bench memo. 1. A short brief submitted by a lawyer to a trial judge, often at the judge’s request. 2. A legal memorandum prepared by an appellate judge’s law clerk to help the judge in preparing for oral argument and perhaps in drafting an opinion. • A trial-court judge may similarly assign a bench memo

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submission

submission, n. 1. A yielding to the authority or will of another (his resistance ended in an about-face: complete submission). 2. A contract in which the parties agree to refer their dispute to a third party for resolution (in their submission to arbitration, they referred to the rules of the American Arbitration Association). [Cases: Arbitration

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