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Report No. 99

Oral and written Arguments in the Higher Courts

Chapter 1 Introductory
1.1 Genesis
2. The questions for consideration-Questions 21-22 and 23 of the Questionnaire
3. Objectives of inquiry
4. Common theme
5. Views received on the Questionnaire
6. Other questions of the Questionnaire
Chapter 2 Limiting Oral Arguments
2.1. The common theme of the questions
2. Views on Q. 21
3. Sharp differences of views expressed on Q. 21
4. Difference of views cutting across classes of persons
5. Some points made in the replies
6. Replies opposed to limiting oral arguments
7. Shri Seervai's reply
8. Replies taking the middle position
9. Professor McWhinney's views
10. The pros and cons considered
11. Recommendation as to time limit for oral arguments
12. Law Clerks
13. Law Clerks used by Judge Wyzanski
Chapter 3 Written Briefs in Partial Substitution of Oral Arguments
3.1. Written briefs
2. Question 22
3. Views on Question 22
4. Increased work for the Judge
5. Effect of long interval
6. Other difficulties
7. Written arguments whether to follow oral arguments
8. Views of an Advocate-General
9. The Judge's Work
10. Oral arguments at admission stage
11. Lawyers how far trained
12. Views of Professor McWhinney-Limitations desirable on length of briefs also
13. Conclusion as to written briefs
14. Statement of case-recommendation as to
15. Recommendation as to constitutional cases
16. Brandeis brief
17. Irish practice
18. Constitutional cases agreed statement of facts
19. Conferences recommended
20. A compromise between English and American models
21. Position in South Africa
22. Law Clerks
Chapter 4 Total Elimination of Oral Arguments
4.1. Views expressed on Q. 23
2. Replies to the questionnaire
3. Conceivable cases for disposal without oral arguments
4. View of Dr. McWhinney
5. No change generally as to final hearing
6. Admission stage and oral arguments-recommendation
7. Practice in U.S.A., England and Canada
8. View of Mr. Justice Brandeis
9. Shri Seervai's views on criminal appeals
Chapter 5 Summary of Recommendations
We give below a summary of the recommendations made in this Report
This recommendation is intended to apply
Appendix Written Briefs in the United States
Written Briefs in the United States
Court structure in U.S.A
Presentation of arguments
Appellate Briefs in U.S.A.
Filing of appeals in U.S.A.
Contents of briefs
Questions Presented for Review
The Mechanics of Preparation of Judgments in U.S.A

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