14.5.1 THE INTRODUCTION
Because virtually every moot court competition features two oralists on each team, the first speaker on each team faces another challenge. Instead of the usual introduction, he or she must introduce the case and explain which issues each team member will address.
Doing so is courteous, for it helps the court to understand how things are organized. It is also smart because it reduces the chances that one team member will be asked about another’s issues. After completing the introduction, pause before moving to your part of the argument; doing so will focus the court’s attention.There are two common ways to present your introduction. The first method is the objective method:
May it please the court. My name is Jennifer Manion, and along with my co-counsel, Susan Restrepo, I represent the Petitioners, Lamb & Zahm, Inc. At this time I would like to reserve two minutes for rebuttal. Your honors, we are asking this Court to reverse the decision of the Eighteenth Circuit Court of Appeals, which held that Lamb & Zahm violated Mr. Jasiunas’s constitutional rights when it fired him. I will be addressing the privacy issue, and Ms. Restrepo will be addressing the issue of the applicability of the McGuffin test. [Pause.] Your honors, Lamb & Zahm did not violate Mr. Jasiunas’s right to privacy when it dismissed him because of the contents of his e-mail messages....
On the other hand, you could deliver the same information in a more argumentative style:
May it please the court. My name is Jennifer Manion, and along with my co-counsel, Susan Restrepo, I represent the Petitioners, Lamb & Zahm, Inc. At this time I would like to reserve two minutes for rebuttal. Your honors, this Court should reverse the decision of the Eighteenth Circuit Court of Appeals for two reasons. The first reason, which I will explain, is that Lamb & Zahm did not violate Mr. Jasiunas’s right to privacy when it dismissed him because of the contents of his e-mail messages. The second reason, which Ms. Restrepo will explain, is that plaintiffs such as the Respondent are not entitled to recover under the McGuffin test. [Pause.] Your honors, the Respondent has no privacy right in e-mails that he sends on company time.
Although both introductions do the job and get the message across, the second example is more argumentative and may be seen as more persuasive. You must identify the introduction that works best for you.