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Oral Arguments
Barrister Amna (Alevels Academy Islamabad)
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9/4/2024
A Levels Academy Islamabad
Category
📚
Learning
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00:00
Sure, when you hear the word argument, you usually think of one thing—fighting.
00:06
But in a courtroom, the word argument has a different shade of meaning.
00:11
It's more of a persuasion on behalf of one side or the other.
00:15
And an oral argument is a specific version of this.
00:19
Oral arguments are conversations between a judge or judges and a litigant, in which the
00:24
litigant gives the legal reasons as to why their side should prevail in a case.
00:29
In an appeal, oral arguments can contain additions to what's contained in the original
00:34
written briefs given to the judges beforehand.
00:37
It also gives the litigant opportunity to clear up mistakes or misunderstandings in
00:42
the brief itself.
00:44
The appellant—the person initiating the appeal—is the first one to speak.
00:49
Then the appellee.
00:50
For certain appeals, these are called petitioner and respondent.
00:55
Whether it's an appellate court or civil court, each side gets their turn, and an equal
01:00
allotment of time in front of the judge.
01:02
There is even a little time given after for rebuttals.
01:05
Now, the judge's role when hearing oral arguments is much more active than at a trial
01:10
procedure.
01:11
Whereas, in a trial, judges intervene only when asked by a litigant.
01:16
It is typical for a judge in an oral argument to interrupt and ask questions throughout
01:21
of their own accord.
01:23
Oral arguments are not automatically required by the right to due process, and it is generally
01:28
up to the court whether to allow them or not.
01:31
Being able to handle direct questions from judges will improve your chances in an oral
01:35
argument.
01:37
LegalYou offers all the help you need to accomplish this.
01:40
LegalYou.
01:41
Because the courtroom is not just for lawyers anymore.
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1:48
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