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Sept. 28
Can the Court of Appeals issue the injunction itself, and if it not (if all the Court can do is reverse and remand), do we still need to argue all 4 parts of the preliminary injunction test?
Answer: These are questions that should be answered through the team's own legal research and analysis. Also, please see the Fall Instructions and Rules, page 4, under 'Contents.'
Sept. 28
Are the sections of the brief listed in on page 4 of the Instructions and Rules an exhaustive list of what we are to have in the brief for the competition or are we supposed to be following the Federal Rules of Appellate Procedure?
Answer: In the Instructions and Rules, on p. 4, the last sentence of numbered paragraph 1 under "Departures from Federal and Seventh Circuit Rules," entitled "Appellant's v. Appellees' Briefs," has been struck as ambiguous. That paragraph now reads, "BOTH the Appellant's AND the Appellees' briefs must contain each of the sections specified by Fed. R. App. P. 28(a) for appellants' briefs (except as specifically noted below)."
Sept. 28
Are we to assume that Vandermer was pat-down in the course of being arrested? Were handcuffs used or was he merely escorted to the tent?
Answer: The parties on appeal are limited to arguing the facts of record and the issues raised in the district court.
Updated Oct. 1
In the introduction to the DNA Act it is stated that a "biological specimen [shall] be obtained from all persons arrested for all State criminal offenses, felony and misdemeanor …" Later, the statute only details the crimes falling under the "most serious offense" category. Is the act, as contained in the problem, provided in its entirety, or does the statute include more than just these crimes?
Answer: Appendix A contains excerpts from the act, as relevant to the instant case. The facts of the record, including the relevant provisions of the DNA Act, are limited to those set forth in the opinion of the district court.
Oct. 2
Is there an appellate cause number that we are supposed to be using to caption our cases?
Answer: Please see the Fall 2009 Problem, the number you are looking for is in the materials.
Oct. 2
Do the table of contents, cover page, and table of authorities count toward the 30 page limit?
Answer: See Fall 2009 Rules and Instructions, sections "Form & Contents of Briefs" and "Departures from Federal and Seventh Circuit Rules," as well as Fed. R. App. P. 32(a)(7)(B)(iii).
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