Original subtitles

I'm innocent.

I swear.

How am I doing?

That's great.

Where do you have me?

We got your chest.

About right here? Uh-huh. All right.

Come in for a close-up, okay?

And now.

Okay? Good.

All right, all right. I'm going to go now to the judge's bench, okay? So you

hold me. All right. All right, here I go.

You got me?

Uh-huh. All right.

All right, now get over here, widen out, hold the judge's bench, okay?

Right. You got it? Got it. Here I go.

How does it look? There are certain realities.

I'm sorry.

There are certain grim realities to running a law school.

A time when funds are in alarmingly short supply.

I don't see myself supporting certain new experimental programs.

Any particular experimental in mind? Especially when they involve the

expenditure of thousands of dollars on electronic gadgetry.

Well, this law school has always done things first-rate, Professor.

Indeed it has.

Yet it has never had one member of its faculty spending an entire semester

teaching 12 students.

Some subjects require more individual attention than others.

Your objections wouldn't happen to be philosophical as well, would they,

Charles? That is entirely beside the point. How can it be beside the point?

We're talking about the future of my program.

You want to cut it out.

We are here to mold minds, Mr. Rees, not to develop histrionic skills.

Now, Professor, I think... May we move on, please?

What do you think?

No sweat. You're in the finals.

Hmm. Wish I could say the same thing. Come on, Bell.

It's not such a big deal.

Yeah, right.

It's only the National Moot Court. You get into this thing, it's a ticket to

the law firm or your choice. No big deal. I'm sure Kingsfield's gonna pick

you to represent the whole school.

Thanks a lot.

Love it with me. How did I do?

Good. Just good?

Right. Excellent.

Terrific. Clarence Darrow material.

You're gonna have to be a lot better than that to beat Harriman.

You were stiff.

Wooden.

A little overbearing.

You shouldn't have asked. Oh, come on. You saw Harriman. She was great.

Hey, congratulations.

Thanks, boy.

Sorry, Willis. My man is going all the way.

Don't be so sure he's not the shoe when you think he is. Who's gonna stop him?

Harriman.

She's smooth as glass over there. That's what I love about you, Bell. Your

supportive nature.

Fifty bucks says she wins.

You're gonna bet against Hart?

It's nothing personal. It's just how I see it.

She even looks like a champion.

Yeah, she's got potential.

I want to hold it down, Hart. I want to hustle up some takes.

Oh, what a guy. What a guy.

Just how formidable is this opposition?

Oh, she's got style, polish, smarts, articulation.

She's good enough that Hart's going to be hard-pressed to win.

I suggest you take the trial advocacy course.

He's in law, not in entertainment.

No, he's in a courtroom argument. It's an acting class. It doesn't even belong

in the law school.

Look, I saw you up there.

You had the goods and you didn't deliver them.

Not like you could have.

Reese could teach you how to conduct yourself in a courtroom.

He's terrific.

Everybody raves about his class.

That's because they're delighted to get away from Socratic torture.

I just don't believe you two. You're second-year law students and you're

going on like a couple of reactionaries.

I wish I could just get away from all this ivory tower crap.

Then why don't you?

Because I'm already committed to the Environmental Law Society, the Legal Aid

Society, the Lawyers Guild, and Public Defender.

I'm just too busy for that class.

Okay, Vanderwitz, the Emerald article. Who wants a psych check? The Cromwell

article. I do.

Two takers on one article. That's terrific.

Eeny, meeny, miny, moe.

Walden, I'm interested in labor law. I'd like to pursue it.

I've already done weeks of research in that area. I am well-versed in it. Well,

that's the winning argument. Enjoy. Harriman, okay. Gately, Mathai, the

Sophie article.

Professor Reese?

Yes?

I'm James Hart, a second-year student, and I wonder if I could sit in on a few

of your classes.

I don't think it'll make much sense to you, Mr. Hart.

Charlie, check the mic.

Great. I'm in the finals for the National Moot Court, and I just wanted

to get a few pointers.

You make it sound like driver's ed. Talk into the mic, Charlie.

I didn't mean it to sound that way, sir. I just want a few tips on oral argument.

It's a law school class, Hart, like any other.

Now, you wouldn't recommend someone sit in on a few lectures with Professor

Kingsfield to learn contracts, no, would you?

I hereby sentence you to 50 years... Okay, Charlie.

No, sir, but this isn't exactly your typical law school class. Okay, now the

witness mic.

Test, one-two, one-two, it's good.

Hart, you start from the beginning and you work your way through, just like any

other course.

I don't have that much time. I'm already on law review. Yeah, listen, I can't

help you there.

You know, there's another session starting next semester in two weeks.

You're welcome to take it. It was an accident.

That'll do, Charlie.

Hart, next semester, okay? Two weeks.

Oh, it was great. I slept for four days.

How'd you do on the exam?

Uh, an 85.

Vivian, that's terrific.

You ready for today's step?

I should be. I read it over a hundred times. I call that ready.

How come I'm still gobbling down acid when I come in here?

Mr. Barnett.

Sir.

Facts of the Crane ice cream case.

A defendant, an ice cream manufacturer, agreed to purchase 250 tons of ice a

week from one William Frederick.

Frederick eventually sold his business to the plaintiff. When the plaintiff

attempted to deliver the ice, the defendant refused to accept. The

plaintiff now sues for damages.

And what did the court hold?

that the agreement between Crane and Frederick was personal in nature and

could not be assigned without the permission of the parties.

And do you agree with that decision?

Yes, sir.

Then perhaps you will tell us how the delivery of ice is personal in nature.

I don't understand, sir.

What difference can it make that the ice comes from one source rather than

another? I assume the ice contained better water.

Miss Conway.

I presume you know how to make ice cream?

I think so, Professor.

Does the quality of the water in the ice make any difference in the final

product?

Well, it shouldn't. It's only used to freeze the ingredients.

It's not used in the recipe itself.

Thank you.

Perhaps you can also tell us why the court held...

that the delivery of ice was personal in nature.

It was personal in nature... Louder, Miss Conway.

It was personal in nature... Louder, Miss Conway. We still cannot hear you.

The delivery of the ice... Miss Conway, you have read the

case, have you not?

Yes, I have.

Miss Kiernan, can you shed any light on this problem?

Or was the court simply mistaken?

It was not the ice itself that made the delivery personal.

It was the defendant's prior history with the Fredericks Company and its

proven track record that made it personal.

Thank you, Miss Kiernan.

Open up. I want a place to bed.

All right, come on in.

50 bucks on Hart.

You got it.

You know, I was jogging at 6 this morning.

The guy was coming out of the library.

He's amazing.

That sounds like Hart.

So how much you got riding now? A couple hundred?

Yeah, something like that.

You cover all that, Bill? Yeah, sure I can cover all that.

Sure hope so.

It's a lot of cash.

Yeah, well, don't worry about it, because I'm picking the winner.

Don't you have some homework to do, Kramer?

Art, what are you doing here?

This stuff is kindergarten for you.

Looking to boost the old averaging?

Oh, shit.

Okay. I take it everyone got the synopsis and the list of required

reading? Took all the half an hour.

Now, up to this point, you've spent your time in law school reading case law and

textbooks.

But in this class, you're going to learn the bread and butter of courtroom

lawyering.

So, how can I help you, Mr.

Stevens? I want to sue the police.

Okay, what happened?

All right, I, uh, I came home last night and went out for a run.

This, uh, this cop stops me and, uh, tells me to wait while he calls the

station.

Well, after a couple of minutes, I started to get kind of chilly, you know,

so I said, how long is this gonna take?

Next thing I know, I'm getting smacked around. I'm under arrest.

Okay, did he say what for?

Disturbing the peace or, uh, resisting... Look, I don't care about

that. I just want to nail these guys.

Oh, well, I don't understand.

I mean, why did he stop you?

Who knows? Maybe, uh, maybe he didn't like my shorts.

He didn't give you any hint?

I told you, he didn't say anything. Now, we're gonna sue or not?

I'm not sure.

I'd have to talk to the arresting officers before I could say.

Okay, okay, that'll do for now.

Okay, any comments?

Hart?

Um...

I think he was hiding something.

Everyone agree with that?

Yes? How do we know he wasn't... What? What am I kidding? How do we know he

wasn't telling the truth?

But would the cops stop anybody for no reason? No, no, she's making a very,

very good point.

This man wants you to represent him in court.

Now, for him to place his trust in you, it has to be a two-way street.

Now, Hart...

had no reason to assume that this man was lying.

By doing so, he is about to lose a client.

Okay?

Now, what else?

His focus was all wrong.

My focus was all wrong? The client had been arrested. He had criminal charges

pending against him.

Exactly.

You see, the civil suitor can wait till later.

You've got to take care of first things first.

The dreaded doormaster.

How'd you like to put up a hundred bucks on a heart? No, thanks.

Come on, a couple of the secretaries want to bet on Harriman. I can't find

anybody to take it. Do it yourself.

Come on, Bird!

I already got Harriman. I can't bet against myself.

Sure you can. Just collect the vigorous.

All right.

What are you talking about?

Vigorous.

When you bet with a bookie, you pay 10% for the privilege of betting.

So if you get the same amount bet on one side as the other, you just pay off the

winners and collect the commission.

So the more that gets bet, the more I make, as long as I even it out? Very

good.

Kiernan, I owe you.

How about some clean towels, then?

Yeah, sure. First thing tomorrow or the near future.

Now, the streets at the intersection were both two lanes, are they not?

That's right.

And you traveled that road all the time?

Yes. And the weather that morning was clear and crisp.

Yes, it was.

All right, cut the tape.

Okay, now, what is he doing wrong?

Geez, I thought I was doing great.

Vivian? He was leading his own witness.

But no one objected. Now, how about that?

It violates procedural rules.

But is that the only thing wrong with leading a witness?

Well, the jury has no way of assessing credibility if the witness is just

answering yes and no.

Precisely.

Remember, on direct, you want to build up credibility, and on cross, you want

to tear it down.

Okay. Now watch this next one closely.

Remember that the witness is a victim in an accident case.

Miss Jones, as you entered the intersection, did you see anything else?

No, there was no other traffic.

How fast were you going?

Around 15 miles an hour. Then what happened?

This car flashed in front of me, and before I had time to put on my brakes,

it plowed right into me. And then I woke up in the ambulance.

Okay, cut.

Comments? She was quick and to the point.

A little too much so.

How do you mean?

Well, her client claims to be the injured party.

So shouldn't we get more of a feeling of what she went through?

Also, by her rushing through the story...

We're left with the impression that she somehow may have contributed to the

accident.

That's very good.

That's a very subtle point.

See, we're talking about pace.

If you're the defendant's lawyer, you want to speed it up.

You want to make it look like there was nothing he could do.

But if you're a lawyer for the plaintiff, then you want to slow it

down, right?

and make it look like the defendant had to be reckless.

Now, that is very good thinking, Hart.

That's the kind of instinct you need for trial work.

Okay.

Okay, next time's gonna be Cross.

I'll, uh, post the assignments.

Vivian, could you stay for a while?

Yeah.

Nice work, Hart.

That was great, Hart.

One plus B.

Tough when you celebrate a critique and trial ad.

Is that a crack in the Harriman armor?

Don't make too much of it, Hart.

Can I sense a little anger burning in there?

No, no, that's competitive fire.

Okay, yeah, that's good, Charlie.

That's good right there.

Vivian, I want you to look at something.

Sit down.

Hit it, Charlie.

Mr. Jones, in June of 1978, you were convicted of tax evasion?

That's right.

And the judge sentenced you in that case to six months imprisonment and five

years probation?

Yes.

And you're still on probation?

I am.

Okay, okay, cut that, John.

Vivian, you're impeaching the witness, not breaking bread with him.

Well... i asked him all the right questions no no no wait a minute now

don't get me wrong your strategy is fine okay but you have to be more forceful

you're trying to get the jury to ignore the man's testimony well i know that

what's

the problem i don't know um maybe i don't belong on the front lines

Where do you belong?

The library, doing research.

Away from the pressure and the spotlight?

Well, it doesn't work that way, kiddo.

You still have to deal with clients and other lawyers, even if you never set

foot in a courtroom.

You know, Vivian, all the knowledge in the world is useless if you don't know

how to present it.

Oh, this world is full of shriekers who have nothing to say, and yet you want to

keep your mouth shut. It doesn't make any sense.

So what do I do?

I'm going to push you. I know that.

You're going to think strategy, style, and presence, and particularly presence

in your case.

The intelligence level of this world is far too low for me to let you stay

quiet.

Excuse my manners.

Just a little bit too angry to be polite. You may take a seat, Mr. Reese.

I have just come from the dean's office, and he told me you want to channel funds

away from my program.

Well, as you know, we do have certain financial problems here. Why do you have

it in for my course?

Because I believe it is more important for us to teach a student to think like

a lawyer than to act like a lawyer.

Mr. Reese.

We have them for three years.

Three short, precious years to mold their minds.

I would rather leave it to the law firms to teach them the practical side.

Charles.

You are the pillar of modern legal thought.

But there is no legal scholar I respect more than you.

And it is because I am in awe of you that I am so disappointed now.

Why can't you see past the technology to acknowledge the value of the class I

teach?

Now, I am trying to get the students to think like lawyers.

Courtroom lawyers.

And that's far too important a responsibility to leave to the law

firms. Long before your day, Mr. Reese, law schools were like trade

schools.

to which aspiring lawyers came and served an apprenticeship, rather like

plumbers or machinists.

Case books and the Socratic method took us out of the Dark Ages.

Your clinical program reverses all that.

It supplements it.

Advances it.

I'm gonna make you see that, Charles.

We have a student in common, Vivian Conway.

Yes, she's a bright girl, still rather weak in class participation.

Mr. Reese, don't you use that student as a pawn to advance your cause?

If I can help a student gain the confidence to present her academic

skills and you can still refer to her as a pawn, then, Charles, what are we here

for? I don't approve of superficial remedies.

I am going to help Vivian to find her footing, and it will not be superficial.

It will be clear and indisputable.

Mr. Sims.

The facts in Taylor versus Caldwell.

The plaintiffs booked a concert hall for four performances. Before the first

performance, a fire broke out and destroyed the building.

Uh, the plaintiffs want their expenses and lost profits.

Uh-huh. And the holding?

The court said it was impossible for the defendant to fulfill the contract, and

he was therefore excused. Do you agree with that?

Sure. You can't make someone do the impossible.

Does anyone take issue with that? On a substantive level, that is.

Miss Conway?

Technically, it was not impossible for the defendant to perform.

He could have rented another hall or rebuilt the old one. Quite right.

Mr. Simms' choice of words was inappropriate, but what about the

result?

Should he have demanded that the defendant do as you suggest?

That was his part of the bargain.

So, a party is obliged to perform even when the unforeseeable occurs.

Well...

I would say so.

And if the plaintiff had died before the concert, would his heirs still have to

pay rental in the hall?

No, I was... I was... I was about...

What do you mean, Miss Conway?

I mean... I mean that... Miss Conway.

It is not enough to read a case.

You must understand and absorb it and be prepared to present it.

Doctor's conspiracy.

Honey, I'm home.

Oh, I don't believe this. You're acting like a 1L.

Cross-examination tomorrow.

Ah, where great trial lawyers become the stuff of legend. I've got Harriman on

the witness stand.

Well, don't sweat it.

You know she's gonna crack.

I doubt it.

Oh, you've seen her kind before, James.

They've always foaled at the first sign of pressure.

First in her class at Smith, two years as a Senate aide.

I doubt she's gonna fold.

Yes, but she is yet to be cross-examined by the great James T. Hart.

And I don't think she's worried.

She's not going to fold, James. She'll crumble.

Yeah.

I doubt that. Seriously.

Okay, all you Perry Masons out there.

Every year I give the same piece of advice.

And every year it's ignored.

But, here goes.

Now, I know that you look on this as your chance to destroy the witness and

become the lead story on the 6 o'clock news. Now, I know that.

But remember, all you're trying to do is to blunt the thrust of the testimony,

not extract a confession of perjury.

Despite what Perry Mason says, nobody confesses on the witness stand.

Now, in this first case...

The witness's son has been arrested for murder.

Now, on direct, she testified that her son was home with her the night of the

killing. Right? Hart, Harriman, Simpson.

Okay.

Mrs. Reynolds, you testified that you and your son watched television together

the night of the murder?

That's right.

But you never told that to the police.

That's true.

Didn't the police try to interview you?

Well, sure, but I don't have to talk to them.

I don't have to talk to anybody, do I, Your Honor? No, no, the point is you

refused to talk to the police. No, the point is I don't have to.

Objection, Your Honor. Counsel is arguing with the witness.

Sustained. Well, I'm just trying to point out that her refusal to talk to

the police cast suspicions on her story. As the witness said, she is behaving

within her rights.

Now proceed with another line of questioning.

Another line of questioning.

Hart, you've lost your composure. You're clutching. Now, take your time. Take

your time. Relax.

Get your confidence back.

All right. Now, even when you're stumped, you'll find a way to go.

All right, has your son ever been arrested?

Sure. In our neighborhood, if you're under 15, you've been arrested.

Timmy's a good kid, though.

Right.

Two muggings, auto theft, three counts of illegal possession.

Objection. Sustained.

The night the murder was committed, what did you and your son do at home?

We had dinner. We watched TV.

Then Timmy helped me with the dishes.

Yeah, what TV shows did you watch?

I don't remember.

It's a while ago. I don't remember.

All right. All right.

She didn't play fair, right? No, she didn't.

Well, she's not supposed to.

This was a mother testifying for her son.

Now, you can't expect her to cooperate.

But you went kind of overboard.

But that's what witnesses do.

They don't say, you're right, my son's a criminal.

But remember, every situation, there is a strategy.

Just figure out what you want to accomplish and the means to get there.

Now, for instance, instead of making us doubt her story, you made us empathetic.

Wait a second. She was protecting her son.

That was obvious.

Was it? Where were all your sympathies?

Vivian? He attacked her for the way she raised her child.

I didn't like that.

Right, right. Remember, you gotta control the witness.

You were so preoccupied with winning, you played right into her hands.

Keep your eye on the task.

Art, I hear Herman kicked your ass today.

What is it, Golden?

Want to sight-check her note?

Somebody's got to do it.

Thanks, I will.

I'll mention.

Hi.

Hope I wasn't too rough on you today. Not at all.

Just giving you a challenge.

Good for both of us.

Art, I admire your attitude.

I need a sight check.

Wait a minute. This is Hartz.

So?

I can't check Hartz, no.

Why? He's checking yours.

Golden, I know what you're doing.

Yeah? And I think it sucks.

So I thought if everyone was going to exploit our situation, we should reach

some type of understanding.

You mean you consider hundreds of dollars in betting to be exploiting the

situation? The fact that the head of law review is making us check each other's

notes?

Well, what do you think we should do about it?

I think you should withdraw from the moot court finals.

Why me?

Just kidding.

What do you think we should do?

I say we look at it as a weekend tennis match and we're playing for fun.

You think we could do that?

Sure.

Okay, then.

To a friendly match.

Hear, hear.

You know, you really stuck it to me today.

Thanks. I didn't mean that entirely as a compliment.

Hey, I did what Reese told me to do. And enjoyed every minute of it.

Well, what about when I examined the witness in the accident case? You didn't

seem to mind tearing into me.

I wasn't tearing into you. I was merely offering an observation.

An observation.

Okay, okay. I didn't mind, uh, taking you down a notch. You didn't take me

down a notch. You merely scored a point or two.

Another round?

Fine. Yeah, a beer for me and, um, white wine for the lady.

Yeah.

What was that all about?

What? The smirk.

Oh, it was just...

It's just so perfect that you would drink white wine.

Ah.

Do you, uh, care to let me in on that?

Now, let's change the subject.

No, no, I'm curious. What does the James Hart Primer say about white wine

drinkers?

Well, they are, um, cool, aloof,

defeat.

And, uh, beer drinkers?

Social and pretentious.

Not boorish and immature.

Look, I was just answering the question.

No, you weren't. You were insulting me.

Now, look, I came here today to see if we could conduct ourselves like adults

over the next few weeks. And apparently, that is beyond you. Oh, where are you

going? To cite you can note, I think I have a great deal of work ahead of me.

i'm sorry i gotta go hey you're covered she left five well here's five more

objection your honor those last two answers were hearsay

you're too late counselor the witness has already answered the question but

it's hearsay but it doesn't matter you didn't object in time does counsel

have a strategy for this witness is silence your strategy no i Well,

it certainly looks that way.

Now, I appreciate that objections can be unseemly, but your job, your duty is to

make sure your client receives fair treatment in court.

Anything short of that is a dereliction of that duty. Now, do you understand?

Yes, sir. Then let's proceed.

And what did he say?

Look, that guy ran the red light.

Objection, Your Honor. Vivian, explain the nature of your objection.

Hearsay. Sustained.

But you should have still gotten to your feet faster.

You lost your chance to stop the answer.

Now the jury has heard it.

Now let's go on.

And after the stop sign was run, did Mr. Whitlow have any comments?

Objection. That again calls for a hearsay answer.

Do you have something more to say, Vivian?

If you do, then say it. Trust yourself.

Your Honor, would you please...

Instruct Miss Thatcher to stop attempting to elicit a hearsay

testimony. Who is this meek person in the courtroom?

How did she get in here?

Who let her in?

Vivian, if you have something to say, then say it.

You know Thatcher is trying to get away with murder.

Let the jury see that you're on to her.

Now keep it going.

Did the driver say anything as he wandered away from the accident?

Objection. Okay, Vivian.

I want you to explain the grounds of your objection.

And I want you to make it sound like it means something to you, that you have

something at stake, that you care what happens to your client.

Well, it's true that my client made an admission against his own interest, and

that's an acceptance to the rule of hearsay.

Stronger, stronger, Vivian. Come on, come on. You're making a very important

point. This could win you the case.

Well, the previous testimony shows that my client, the driver, suffered a head

injury. Stronger, Vivian. Come on. Come on. Make the jury hear you. Well, any

statement he made at the time of the accident lacks credibility, and it

cannot be used as evidence.

Hart, I read your site check.

It's excellent.

Exemplary. As thorough as anyone can ask for.

I'm sure Harriman will appreciate all the assistance.

Thanks, Golden.

Fortunately, Harriman did the same thing with you.

She caught every misspelling, misquote, missight, missummary.

So you tell Miss Harriman I did a damn good job on this note.

She makes you look sloppy, Hart.

Gonna have a corrective final by tomorrow. Golden, I have got a ton of

things to do. You cannot just dump this on me like that.

Well, if you want your note in the next issue, I need it by tomorrow afternoon.

It shouldn't take too long. Harriman did most of the spade work for you. You

know, setting you two up against one another was a good idea. I think I may

have to do it more often.

Now, suppose a farmer sells 200 bushels of corn to a broker for

a certain price.

A crop disease plagues the area, wipes out the entire crop.

The broker sues the farmer for his lost profits.

Does the farmer have a defense?

Mr. Sims?

It's outlandish to make the farmer responsible for something beyond his

control. Is that his defense?

Outlandishness?

I think you could argue that.

Would you care to share some precedent with us? Something in the casebook,

perhaps?

There was nothing the defendant could do.

And retaining you as his lawyer, I'm afraid, would merely add to his woes.

The farmer made a contract.

And as is often the case, it turned out to be a bad one.

Is there nothing the farmer can do to avoid the contractual obligations?

Anyone?

The lawyer could show prior understandings between the parties that

cover these situations.

If the contract was oral, then you could show a range of implicit understandings.

And if it were written?

Well, the lawyer could show that the normal business practices in the

industry would release the farmer from liability.

The point being, Miss Conway? Even though the farmer cannot meet the terms

of the contract, the lawyer would have several viable defenses if the case ever

went to trial.

Very good.

Very good, Miss Conway.

They posted the schedule for the finals.

I saw. We're against one another.

It's a killer getting this brief done for them.

You don't happen to have 462-2FD, do you?

I just need a quote.

You know, the Third Circuit went the other way with almost identical facts.

No. Hmm, Hall versus Colliers.

I'm sure you would have found it.

Well, I'll get this to you by the end of the day.

No problem.

We'll have mine in a couple more days.

I'm a little backed up right now.

Hart, in the oral argument, which isn't a week, we're supposed to address

ourselves to the opponent's written argument.

I can't very well do that if I don't have your brief now, can I?

Deadlines. Everyone wants it yesterday. You, Golden, I told you you'll get your

brief in a couple of days.

Hart, no one's forcing you into moot court.

But if you're going to do it, you'll have to meet your obligations.

Take it easy on the sanctimony, Harriman. You'll get your brief. When?

When I give it to you.

Listen,

a single file...

So what is it now, Bell? It's 2 to 1. It is not 2 to 1. Why don't you use a

calculator? The batteries are dead.

It's 13 to 5 if you're taking Harriman.

It's 3 to 2 if you want Hart.

Come on, what? The rest of the field is all 5 to 1. All right, I'm in for 40 on

Hart. All right, 40 on Hart, 40 on Hart. How much do you have on this? Lots,

plenty. Who's next? Let's go.

20 on Harriman. 20 on Hart.

I got Harriman. Harriman.

Turning on here.

Let's go, let's go.

A father of two children.

Probably with a split-level house in Woking.

And a rubber plant in the lounge.

The world's greatest grind, watching a B-movie.

And on a school night, no less.

I salute your change of pace.

Well, you two have an interesting way of approaching moot court.

I have to speak with Carl.

Ford, would you mind?

I've been looking forward all evening to corporate debentures.

What's this all about?

This is my moot court brief.

And a mediocre effort.

Hart, what are you doing? The judges won't stand for that.

I'm just a little sick and tired of all this competition. See, I'm trying to

beat you, you're trying to beat me. Bell is making a killing.

Golden is treating us like gladiators. Whatever happens is our development as

students, as lawyers.

Offensive, even. I know.

But as bad as Golden and the others are, the competition is pushing us.

Making us better lawyers. Now, you can't deny that.

Well, I'm sick of it.

That is bull... Now you're notorious for going beyond the limit, Hart.

Are you... are you scared of losing?

Maybe.

Maybe I don't want to bust my tail and come in second.

Well, sometimes that's the price you pay for excellence.

Oh? And what price do you pay for excellence?

Well?

No beers with the guys.

No one congratulating me on my victory. Oh, you don't seem to mind.

Oh?

You're wrong.

You don't know what it's like to be hated because you're smart and pretty.

When I was a kid, I had ulcers. I was so lonely.

I actually flubbed answers on tests so that people would like me. Now, can you

imagine that?

Taking a dive on ninth grade geometry?

But I realized, Hart, that it is a crime to hold back.

And if people resent me, well, too bad.

Because I love knowing as much as I do.

Well, I guess my commitment to excellence has its breaking point.

No, it doesn't.

No one gets an A from Kingsfield by accident.

The Kingsfield is a whole different story. I worked hard. I was successful.

But in clinical ad, you were always the star. I never stood a chance.

Your ego has you so wrapped up, you can't even think straight.

Now, after all these hours in Reese's class, everything he said has gone right

over your head.

Beating me seems to be the only thing you're thinking about.

And that's what's defeating you.

Now, why all this concern for me?

If this brief is as bad as you say it is, that should make it all the easier

for you.

No one else around here is a match for me.

Don't you see?

I need you in this competition. If I'm going to win the nationals, I have to be

good. Damn good.

Assuming you can beat me.

That's right.

Assuming I could beat you.

Excuse me.

I'm so nervous I can't stand it.

Relax, Ford. It's just an argument.

Hart looks confident.

Yeah, like a lamb to the slaughter.

Today marks the final round of the school-wide moot court competition.

This is a highly scrutinized and demanding competition, and those who

have made it to the finals are to be congratulated.

It is our good fortune to have on the panel today two distinguished jurists,

Judge Wainwright from the Third Circuit Court of Appeals...

and Justice Garrity from the State Supreme Court.

Each advocate will have 15 minutes to present his or her side.

Now, in the case before us, a newspaper man ran a story on a

respected surgeon who was the son of a governor convicted of bribery.

The doctor sued for damages to his reputation.

and prevailed in the court below.

We shall begin with the first group.

Ms. Harrington.

May it please the court. I am counsel for the appellant newspaper, and we

believe that the court below ignored a most sacred principle.

The First Amendment demands that we have full discussion of elected officials,

even in their private capacity.

Are you saying that the First Amendment precludes actions by members of the

family or public officials?

Your Honor, as you yourself stated last year in Haynes v. Sunset Press, the

conduct of elected officials in public or in private and the people with whom

they associate is a fit topic for public discussion.

But surely that would not include a son who has been estranged for some ten

years. I think it would, Your Honor. You suggested as much in the Simeon

decision. Only in the most extreme of cases can a court restrict discussion of

a public official, his impact, or his ability to serve.

This principle applies to both rival and invasion of privacy.

New York Times v. Sullivan, for instance, was the definitive decision,

the inevitable decision of a society whose cornerstone is freedom of speech.

The time is about up. In closing, let me simply quote Justice Holmes.

The First Amendment is the most precious of rights, for without free and open

discussion, the other rights become meaningless.

Not Justice Holmes, too.

Your Honor, you have before you an appeal for an $800,000 judgment.

$800,000.

Jurors know the importance of free speech, and yet here we have a jury who

said, here is a man leading a quiet life whose privacy and medical practice has

been destroyed because his father was a crook. And that is not right.

Mr. Hart, would you please address the legal question?

Oh, I will, Your Honor. And I believe that the court below was right on the

law. But sometimes you have to look beyond case law and precedent to matters

of justice.

Doesn't justice require free and open discussion?

I am all in favor of the First Amendment, Your Honor. I hope so.

But the First Amendment says nothing about the sons having to pay for the

sins of the father. That's true. Or that gossip is more important than privacy.

My point, Your Honor, is that there are limits.

Did this newspaper, with its massive circulation, cross that limit?

We say it did. Let's look at the facts.

What a great idea. You played off me perfectly. You had exactly

the right style.

Oh, you recovered pretty well in rebuttal. Not enough, I'm afraid.

Damn, that was clever.

It is a regrettable fact that only one person can represent this school

in the National Moot Court Finals.

It is therefore my mixed privilege to inform you who that person will be.

I would like to note that my colleagues and I have been impressed by the

performances in this year's Moot Court.

The caliber of the arguments, the clarity of the presentation has

been far superior to any seen in recent years.

The judges considered several factors in making their decision.

Preparation, execution, and ingenuity. Taking all

these factors into account...

The winner of this year's school-wide moot court competition is...

Rita Harriman.

Congratulations. No, it's natural.

Professor.

Yes. I wonder if I could ask you about the argument.

How about it?

I was just wondering if maybe there was something... It formed quite ably, or

the strategy was shrewd. The judges felt that. However, this Harriman had a

better case.

She handled it very intelligently.

Now, I'm quite clear that you learned a lot in your clinical course, but one

thing you did not learn, that in every legal battle, there is one winner, there

is one loser.

There are times when you can't win, no matter what you do.

The only intelligent question a lawyer can ask himself is, did I do everything

I could think of?

Yes, I did.

Well, you'll have to be satisfied with that.

Thank you, sir. That's good advice.

That's advice that not everyone, including myself, is always able to

take.

Thank you, sir. I'm very proud of you. Thanks.

Mr. Reese, there's one hazard to being a pillar of one's profession.

That is a tendency toward intransigence.

You and I both know that...

More than one argument was resolved in this classroom today.

I want to thank you for making this moot court a great success it was. Thank you,

sir.

It's $50, Bell, at 2 to 1. $50? I thought you'd been unheard.

I'm collecting for Barnett. Bell, I thought you couldn't lose.

So did I, but I can't understand it. I'm down $200 already.

$250. Hey, Soloway, go away. Go very far away.

What's your damage?

$30. Still flying high?

Are you kidding?

It'll take days.

Bola B, it's on me.

Okay, I'll have a beer. Whoa!

What about you?

White wine.