Podcast
Questions and Answers
Beyond persuading a decision-maker, what is another key objective of oral submissions?
Beyond persuading a decision-maker, what is another key objective of oral submissions?
In the context of oral submissions, what does the phrase 'stop a train wreck' refer to?
In the context of oral submissions, what does the phrase 'stop a train wreck' refer to?
What is the 'human element' of oral submissions primarily intended to achieve?
What is the 'human element' of oral submissions primarily intended to achieve?
Which of the following best describes the function of the 'opening' in an oral argument?
Which of the following best describes the function of the 'opening' in an oral argument?
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Why is it important to avoid 'surprises' during the opening of oral submissions?
Why is it important to avoid 'surprises' during the opening of oral submissions?
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What is the primary goal of a good oral argument?
What is the primary goal of a good oral argument?
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Which element is crucial for a good oral argument to resonate and be easily remembered by decision-makers?
Which element is crucial for a good oral argument to resonate and be easily remembered by decision-makers?
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What is meant by having a 'theory' for your case in the context of oral arguments?
What is meant by having a 'theory' for your case in the context of oral arguments?
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According to the content, what is a significant characteristic of a 'disaster' oral argument in terms of delivery?
According to the content, what is a significant characteristic of a 'disaster' oral argument in terms of delivery?
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What impression should a good oral argument create regarding the practitioner's understanding of the case?
What impression should a good oral argument create regarding the practitioner's understanding of the case?
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What is identified as the most crucial initial step for effective oral advocacy?
What is identified as the most crucial initial step for effective oral advocacy?
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In the context of immigration hearings, what is the primary purpose of oral submissions?
In the context of immigration hearings, what is the primary purpose of oral submissions?
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What should oral submissions primarily consist of during an immigration hearing?
What should oral submissions primarily consist of during an immigration hearing?
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According to the Immigration and Refugee Protection Act, what is a requirement for submissions made at a Refugee Protection Division hearing?
According to the Immigration and Refugee Protection Act, what is a requirement for submissions made at a Refugee Protection Division hearing?
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When referencing a document during oral submissions, what is the most efficient way to direct the adjudicator's attention to a specific part?
When referencing a document during oral submissions, what is the most efficient way to direct the adjudicator's attention to a specific part?
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In less formal settings, such as interviews with CBSA officers, when are oral submissions typically invited?
In less formal settings, such as interviews with CBSA officers, when are oral submissions typically invited?
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Which of the following best describes the nature of rules governing oral submissions outside of formal IRB hearings?
Which of the following best describes the nature of rules governing oral submissions outside of formal IRB hearings?
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What is the relationship between oral submissions and evidence presented at an immigration hearing?
What is the relationship between oral submissions and evidence presented at an immigration hearing?
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In oral arguments, what is the primary characteristic of the 'facts' section?
In oral arguments, what is the primary characteristic of the 'facts' section?
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During the 'argument' section of oral submissions, what is the significance of questions from the tribunal?
During the 'argument' section of oral submissions, what is the significance of questions from the tribunal?
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When a tribunal member asks a question during oral argument, what is the most effective approach to responding?
When a tribunal member asks a question during oral argument, what is the most effective approach to responding?
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What is the critical principle an effective advocate must uphold when presenting facts and law during oral arguments?
What is the critical principle an effective advocate must uphold when presenting facts and law during oral arguments?
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What is the primary purpose of the 'closing' section in oral argument?
What is the primary purpose of the 'closing' section in oral argument?
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How should an advocate adapt their planned oral argument if a tribunal member interjects with a question about a specific area not initially planned for immediate discussion?
How should an advocate adapt their planned oral argument if a tribunal member interjects with a question about a specific area not initially planned for immediate discussion?
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Which of the following best describes 'dialogue' in the context of the argument section of oral submissions?
Which of the following best describes 'dialogue' in the context of the argument section of oral submissions?
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Why is it important for the 'facts' section of oral arguments to be 'purpose driven'?
Why is it important for the 'facts' section of oral arguments to be 'purpose driven'?
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What is recommended to establish a connection with the audience during oral arguments?
What is recommended to establish a connection with the audience during oral arguments?
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According to the content, what is a significant negative consequence of misconstruing facts or misapplying legal principles during an oral argument?
According to the content, what is a significant negative consequence of misconstruing facts or misapplying legal principles during an oral argument?
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What is the likely impact of exceeding the allotted time for oral arguments, especially after stating a shorter time would be sufficient?
What is the likely impact of exceeding the allotted time for oral arguments, especially after stating a shorter time would be sufficient?
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Why is practicing and rehearsing for oral arguments emphasized in the provided text?
Why is practicing and rehearsing for oral arguments emphasized in the provided text?
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What is the recommended approach to assume regarding the decision-maker's prior knowledge of a case before an oral argument?
What is the recommended approach to assume regarding the decision-maker's prior knowledge of a case before an oral argument?
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The content describes oral advocacy as 'an art, not a science.' What does this characterization primarily imply?
The content describes oral advocacy as 'an art, not a science.' What does this characterization primarily imply?
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What is the ultimate goal of mastering oral submissions?
What is the ultimate goal of mastering oral submissions?
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What is the main purpose of the tips provided in the content regarding oral arguments?
What is the main purpose of the tips provided in the content regarding oral arguments?
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Flashcards
Oral Submission
Oral Submission
The opportunity to present a case before a decision-maker at the end of a hearing or interview.
Argument
Argument
The stage at which the lawyer lays out their argument, connecting evidence and law to support their client's claim.
Canada Border Services Agency (CBSA)
Canada Border Services Agency (CBSA)
The organization responsible for enforcing immigration laws, processing applications and conducting interviews.
Immigration and Refugee Board (IRB)
Immigration and Refugee Board (IRB)
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Claimant
Claimant
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Legal Requirements
Legal Requirements
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Oral Submissions at the end of a hearing or interview
Oral Submissions at the end of a hearing or interview
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Case
Case
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Opening Statement
Opening Statement
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Presenting facts
Presenting facts
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Applying the law
Applying the law
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Concise argument
Concise argument
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Closing Argument
Closing Argument
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Presenting relevant facts
Presenting relevant facts
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Argument section in oral argument
Argument section in oral argument
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Tribunal questions during oral argument
Tribunal questions during oral argument
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Responding to tribunal questions
Responding to tribunal questions
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Accuracy in oral argument
Accuracy in oral argument
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Oral argument closing statement
Oral argument closing statement
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Adjusting oral argument delivery
Adjusting oral argument delivery
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Accuracy in oral argument
Accuracy in oral argument
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Engaging oral argument
Engaging oral argument
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Passive oral argument
Passive oral argument
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Oral argument theme
Oral argument theme
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Oral Argument Theory
Oral Argument Theory
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Demonstrating mastery in oral argument
Demonstrating mastery in oral argument
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Nervousness before oral arguments
Nervousness before oral arguments
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Conversation Style in Oral Arguments
Conversation Style in Oral Arguments
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Assume a Blank Slate
Assume a Blank Slate
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Time Management in Oral Arguments
Time Management in Oral Arguments
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Practicing Oral Arguments
Practicing Oral Arguments
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Oral Argument Disaster Scenarios
Oral Argument Disaster Scenarios
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Oral Advocacy is an Art, Not a Science
Oral Advocacy is an Art, Not a Science
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Final Words of Encouragement
Final Words of Encouragement
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Study Notes
Oral Advocacy in Immigration Hearings
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Oral submissions are typically invited just before the end of immigration hearings, in less formal settings like interviews with Canadian Border Services Agency officers.
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Proceedings at ports of entry are less structured.
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Advocates may only have a few minutes to present evidence and arguments.
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Key preparation steps for oral advocacy:
- Thoroughly research and understand the client's facts and relevant laws.
- The submission is an opportunity to highlight significant matters raised during the hearing or interview.
- Oral arguments aim to convince the adjudicator to make a favorable decision.
- Oral arguments are not a repetition of evidence but an argument.
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Oral submissions should be relevant, focused, and precise.
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If relying on documents, provide the adjudicator with the document name and page/paragraph numbers.
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Oral submissions give the opportunity to suggest evidence supports legal requirements.
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Condense arguments and bring together oral testimony and supporting documents.
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Use oral argument to emphasize the points and law to decision-maker.
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Highlight salient facts and required legal reasoning to show your client deserves a favorable outcome.
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Oral submissions can stop a case from going badly.
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Oral arguments can:
- Make a difference in close calls
- Provide vital energy and clarity to a client's case.
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Effective oral arguments demonstrate mastery of the case and applicable law.
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Oral arguments build confidence in the tribunal and emphasize facts to convince the adjudicator.
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Effective advocacy means addressing tribunal questions directly & clearly.
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Avoid mistakes:
- Misrepresenting facts or misapplying legal principles.
- Going over the allotted time.
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A strong oral argument utilizes a structured approach.
- Starts with an opening statement that introduces the case.
- Presents relevant facts.
- Presents argument.
- Ends with a closing statement summarizing the case for the favorable outcome.
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Effective presentation matters.
- Speak clearly, concisely, and accurately.
- Engage the decision-maker with questions.
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Practice and preparation are key to effective oral advocacy.
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Description
This quiz focuses on the essential skills needed for oral advocacy in immigration hearings. It covers key preparation steps, the importance of precise submissions, and the strategic presentation of arguments. Understanding these components is vital for advocates aiming to influence adjudicators effectively.