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Old 12-02-2012, 8:58 PM
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Tincon Tincon is offline
Mortuus Ergo Invictus
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Originally Posted by wildhawker View Post
Is it your implication that oral arguments are usually not (or never) determinative in federal courts of appeals, particularly when dealing with constitutional questions?

Yes, of course. While the United States legal system is derived from that of the British commonwealth and its oral adversarial traditions, I think you will find almost universal agreement among practicing attorneys today that written briefs usually determine the outcome of cases in modern courts, particularly appellate courts considering constitutional questions.