Rules for Mock Court in PS550

1. The class will resolve itself into a Mock U.S. Supreme Court during class. At that time it will hear the cases of Lee v. Weisman (1992) and Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018).

2. There will be four two-person"law firms." The first will represent Lee. The second will represent Wesiman. The third will represent Masterpiece Cakeshop. The fourth will represent the Colorado Civil Rights Commission.

3. It is perhaps good advice that only one person should speak during the oral argument, but each firm may apportion the work load any way it wishes.

4. The lawyers who are not arguing the case will serve as the Court, along with those classmates not assigned to a law firm.

5. All firms must submit before class an electronic (PDF) copy of a written brief, which will be distribited to all to read at the start of class before oral arguments begin. The brief may not exceed one side of one page. In both written briefs and oral arguments, lawyers may only reference events and cases up to the date the Real Court heard the case in history. And lawyers may not make any reference to the Real Court's actual decision in the case (though may draw freely from the arguments in its majority opinions or dissents.)

6. During oral arguments, both sides will have six minutes in which to make their oral presentations. The speeches will be closely timed. Petitioner may reserve for rebuttal up to ninety seconds of the six minutes allowed. But petitioner will be penalized if the rebuttal is used to develop an argument not already presented. Respondent will stand only once and may not reserve time. Instead, respondent will be expected to rebut during the six minutes.

7. This also may be good advice. Although the members of the Court will have read the briefs, lawyers will be prudent not to expect that the Justices will understand much of what they read or even much of what they hear in oral argument. Clarity, then, and patience, will be the hallmarks of most winning lawyers' presentations. Under no circumstances should lawyers read to the Court the brief the justices just read on their own!

8. Unless something is unclear to the Chief Justice, the lawyers can expect not to be interrupted during their presentations. The Chief will interrupt if s/he cannot understand something. Firms should practice the oral argument among themselves so that it is in fact understandable to other minds.

9. When finished, lawyers will be allowed to remain in the room while the Court goes into "conference." But since lawyers are not supposed to be there at all, they must be careful not to make any gesture or noise while the Court is conferring. Any violation of this rule, and a lawyer will be thrown out of the classroom and a serious penalty assessed.

10. Grades for the Mock Court will be shared by all members of the "law firm" preparing the written brief and prepping the "litigator" for his/her appearance before the bench.

11. Members of the class not assigned as "lawyers" will be assigned to write a per curiam opinion or dissent (one page maximum) on one of the cases after the deliberations, to be submitted in class the next day. Samples are here and here.