Legal Definitions - oral argument

Oral argument refers to the live, spoken presentation made by a lawyer (an advocate) to a judge or a panel of judges in a courtroom.

During an oral argument, the lawyer explains and defends their client's legal position, answers questions from the judges, and attempts to persuade the court to rule in their favor on a specific legal matter. While it can occur in various courts, it is particularly common and crucial in appellate courts, where lawyers argue why a lower court's decision should be upheld or overturned.

Here are some examples of how oral argument applies:

• Imagine a lawyer representing a client who was convicted of a crime and believes there was a significant legal error during their trial. This lawyer would appear before an appellate court to deliver an oral argument. They would verbally present their case to the panel of judges, explaining why the trial court's decision should be reversed due to the alleged error. The judges would likely interrupt with questions, requiring the lawyer to think on their feet and provide immediate, persuasive answers. This illustrates a spoken presentation by an advocate before a court, supporting the legal relief of overturning a conviction.

• Consider a situation where a state's highest court is reviewing a new law that has been challenged as unconstitutional. Lawyers representing both the state government and the challenging party would each present an oral argument. The lawyer for the state would argue why the law is constitutional and should stand, while the opposing lawyer would argue why it violates the constitution and should be struck down. Both would engage in a direct dialogue with the justices, responding to their inquiries about the law's interpretation and its impact. This demonstrates advocates making spoken presentations to a court, supporting or opposing a specific legal outcome (the validity of the law).

• In a complex civil lawsuit, before a trial even begins, one party might file a motion asking the judge to dismiss the case entirely because they believe the other side's claims lack legal merit. The lawyers for both sides might then be scheduled for an oral argument before the trial judge. During this session, each lawyer would verbally explain their position, citing relevant laws and precedents, and answer the judge's questions about the facts and legal theories involved. This shows an advocate making a spoken presentation to a court to support or oppose a specific legal action (the dismissal of the case).