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«Final Rules for the 8th NUJS-Herbert Smith Freehills National Moot Court Competition, 2015 – 2016 RULE 1: INTRODUCTION 1.1. The administrator of ...»

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Final Rules for the 8th NUJS-Herbert Smith Freehills National Moot Court

Competition, 2015 – 2016

RULE 1: INTRODUCTION

1.1. The administrator of the Competition shall be the Competition Committee (the

“CC”) as constituted by the MCS.

1.2. The Competition shall be conducted in accordance with these Rules, and all teams

and participants shall be presumed to have read and understood these Rules.

RULE 2: PARTICIPATION AND ELIGIBILITY

1. 2.1.Team Member Eligibility All students enrolled on a full-time or part-time basis in either a 3-year LLB course or a 5-year integrated BA LLB (or similar) course at the time of the competition are eligible to compete in the Competition, on being sent an invite.

Each college or university may enter only one team.

2. 2.2.Team Composition and Selection A Team shall be ordinarily composed of three (3) members, with two Oralists and one Researcher. A two-member team comprising of only two Oralists with no Researcher will also be permitted. A minimum of two members will thus be required for each team. Teams wishing to bring additional members as observers shall be required to intimate the CC at the earliest but the same shall however not be eligible for a certificate.

3. 2.3. Outside Assistance to Teams All research, writing and editing must be solely the product of Team members.

4. 2.4. Use of Opposing Team's Written Submissions No Team shall be allowed to view or otherwise become privy to any Written Submission other than the respective Appellant and Respondent written submissions of scheduled opposing Teams in the course of the Competition.

RULE 3: TEAM REGISTRATION

5. 3.1 Registering Names of Team Members Each Team shall submit all Team members' names to the CC by December 10, 2015. Registration can be done either through email or post. The CC shall intimate the concerned school of the receipt of the application.

Team members' names shall be clearly written or typed on the form, with attention given to the spelling of each Team member's name. Names shall appear in the manner that Team members wish them to appear on their participation certificates.

6. 3.2. Team Number as Identification Each Team shall be assigned a Team Number selected by the CC Teams shall use their Team Numbers for identification purposes.

Names of participants or their colleges may not appear on or within the Written Submissions. Signature pages are prohibited.

RULE 4: JUDGES 7. 4.1 Three Judge Panels: Three (3) judge panels shall be utilized whenever possible, except in the preliminary rounds. No judge will be directly affiliated with any Team participating in the round at which they are judging. In extenuating circumstances, the CC may authorize panels of two (2) judges. The final rounds of the competition will be judged by a larger, and odd-numbered bench.

8. 4.2 Anonymity of Teams The identity of a Team shall be kept completely confidential during the Competition. Although judges are allowed to know the identities of individual participants, the identity of the Universities the participants represent will not be revealed to the judges.

9. 4.3 Prior Viewing of Teams Judges should not view a Team, which they have viewed in a previous Round of the Competition. If a judge must view a Team twice, the CC shall strive to ensure that the judge views the Team’s opposite side.

10. 4.4. Feedback by Judges Judges in any Round of the Competition are encouraged to provide direct feedback to Teams regarding the Teams' performance at the completion of the Round. Judges shall not reveal to any Team the results of their individual determinations or the Team’s Scores.

RULE 5: CLARIFICATIONS OF THE COMPETITION PROBLEM OR RULES

Teams may submit written requests for clarifications of the Moot Problem or these Rules.

Requests for such clarifications must be received by the CC by December 13, 2015.

Teams may submit requests for clarifications by post or by email.

All clarifications to legitimate requests will be summarised and posted to the participating colleges by December 20, 2015. If however, the college has failed to provide the CC with the details of a contact person, the CC cannot guarantee the delivery of the clarifications and corrections.

–  –  –

11. 6.1 Submission of Written submissions All Written submissions must conform to the following general requirements. Teams will be penalized for failure to abide by these requirements.

Each team shall prepare an Appellant and a Respondent Written submission. Each Team participating in the Competition must submit 6 hard copies (printed or photocopied, black print on a white background) and one soft copy, (to be emailed to NUJS, the software used should be Microsoft Word 2007 or above or compatible software, entries in PDF format will not be accepted) of the appellant as well as the respondent Written Submission.

Teams shall mail Written Submissions by speed post or registered mail and postmarked no later than February 10th 2016 for teams being invited. The Written Submission in soft copy must be identical to the hard copy of the Written Submission. Teams that fail to mail Written Submissions on time will be penalized. Equipment failure or problems, including computer disk failure, will not be considered an excuse for improper formatting or late mailing of Written Submissions. Teams must also send one soft copy of the Written Submissions as an email attachment by February 10th, 2016 to nujsmcs@gmail.com.





Once submitted to the CC, Written Submissions may not be altered. If pages are inadvertently left out in the collating process, the CC may allow a Team to correct the deficiency.

12. 6.2 Format of Written submissions Written Submissions must be typed and reproduced on white standard A4 paper (21 x 29 3/4 centimetres) except for the covers, where coloured paper must be used. The font and size of the text of all parts of the Written submission (except the cover page), must be in Times New Roman 12-point.

Footnotes may be in Font size 10. The text of all parts of each Written submission must have one and a half spacing, except that (a) the text of footnotes and headings may be single-spaced, but there must be double-spacing between separate footnotes, and between each heading and the body-text of the Written submission and (b) quotations to sources outside of the Written submission of 50 words or more in any part of the Written submission shall be block quoted (i.e. right and left indented) and may be single-spaced.

13. 6.3 Description of the Written Submission 6.3.1 Parts of the Written Submission

The Written Submission shall consist of the following parts:

i. Table of Contents;

ii. Index of Authorities;

iii. Statement of Jurisdiction;

iv. Questions Presented;

v. Statement of Facts;

vi. Summary of Pleadings;

vii. Pleadings, including the Conclusion/Prayer for Relief; and viii. Appendix (Optional).

6.3.2 Legal Argument Limited to Pleadings Section Substantive, affirmative legal argument or legal interpretation of the facts of the Moot Problem may only be presented in the “Pleadings” section of the written submission, including the conclusion/prayer for relief (except insofar as such argument may be summarised in the “Summary of Pleadings” or anticipated in the “Questions Presented”). Teams which include arguments or legal interpretation in any other part of the written submission shall be penalised.

6.3.3 Index of Authorities Each Written Submission shall include an “Index of Authorities.” The Index of Authorities shall contain a list of all legal authorities cited in any section of the Written Submission. This list shall include a description of each authority adequate to allow a reasonable reader to identify and locate the authority in a publication of general circulation.

6.3.4 Statement of the Facts Each Written Submission shall include a full “Statement of the Facts.” The Statement of the Facts shall be limited to the stipulated facts and necessary inferences from the problem and any clarifications to the same. The Statement of the Facts must not include unsupported facts, distortions of stated facts, argumentative statements, or legal conclusions.

6.3.5 Summary of the Pleadings Each Written Submission shall include a “Summary of the Pleadings.” The Summary of the Pleadings shall consist of a substantive summary of the “Pleadings” section of the Written Submission in paragraph form, rather than a simple reproduction of the headings contained in the Pleadings section.

6.3.6. Pleadings & Prayer The pleadings shall contain the substantive arguments with appropriate citations. The teams must endeavour to follow a uniform method of citation.

The prayer shall be the effective remedies requested in the pleadings.

6.3.7. Appendix All teams have the option of including an appendix. The appendix may contain all relevant provisions of law and a summary of important judgements cited if any. The appendix shall not exceed 10 pages and should follow the format of the rest of the written submission.

14. 6.4 Length The “Pleadings” section of the Written Submission, including footnotes or endnotes which refer to the “Pleadings” section of the Written Submission, and the Prayer may have no more than 7000 words.

15. 6.5 Margins Each page of the Written submissions (regardless of content) shall have margins of at least one inch, or two point six (2.6) centimetres, on all sides, excluding page numbers.

16. 6.6 Covers 6.6.1 Different-coloured Covers Each Team must distinguish its Appellant Written Submission from its Respondent Written Submission by submitting each with a differentcoloured, non-white cover. The colours chosen by the Team to distinguish Appellant and Respondent written submissions are to be as follows: Blue for Appellant and Red for Respondent.

6.6.2 Information Contained on Cover of Written submission Each Written submission should bear on its cover the following, and only the following: (a) the Team Number (to be inserted by the CC); (b) the name of the court; (c) the name of the parties;

(d) the nature of the case (Civil/ Criminal/ Writ/ SLP etc.); and (e) the title of the document (i.e., "Written submission for Respondent" or "Written submission for Appellant").

17. 6.7 Binding Written submissions must be fastened by ring, spiral or comb binding along the left side of the written submission. No other form of binding including stapling or book-binding is permitted.

–  –  –

18. 7.1 General Procedures Each Oral Round of the Competition shall consist of ninety (90) minutes of oral pleadings. Appellant and Respondent shall be allotted forty-five (45) minutes each. Two (2) members, and no more than two (2) members, from each Team shall make oral presentations during the round. Prior to the beginning of the Oral Round, each Team shall indicate to the Court Clerk how it wishes to allocate its 45 minutes among (a) its first Speaker, (b) its second Speaker, and (c) rebuttal (for Appellant) or surrebuttal (for Respondent). No single Speaker shall plead more than twenty-five (25) minutes, including rebuttal or surrebuttal. Any Team member may act as a Speaker during any round of the Competition.

7.1.1 Extension of Time at Judges' Discretion Judges may, at their discretion, extend total Team oral argument time beyond the forty-five (45) minute allocation, up to an additional five (5) minutes per Team. Speakers asked to further expand upon arguments may, in this instance, appear for more than the twenty-five (25) minute individual limit.

19. 7.2 Order of Submission The order of the oral submissions in each Round at all

levels of the Competition shall be:

Appellant 1 -- Appellant 2 -- Respondent 1 -- Respondent 2 -- Rebuttal (Appellant 1 or 2) -- Surrebuttal (Respondent 1 or 2).

Each Team may reserve up to five (5) minutes for rebuttal or surrebuttal. As a courtesy to the judges, Teams should announce whether they intend to reserve time for rebuttal or surrebuttal at the beginning of their oral argument, and how much time they intend to reserve. Only one Team member may deliver the rebuttal or surrebuttal.

20. 7.3 Ex Parte Procedure In extreme circumstances, such as when a Team fails to appear for a scheduled Oral Round, the CC, after waiting fifteen (15) minutes, may allow the Oral Round to proceed ex parte. In an ex parte proceeding, the attending Team presents its oral pleading, which is scored by the judges to the extent possible as if the absent Team had been present and arguing. In such a case, the Team that fails to appear for the scheduled Round forfeits all six (6) of the Round's Oral Round Points.

21. 7.4 Team Members During each Oral Round, one (1) additional Team member may sit at the counsel table with the two (2) Speakers. The person sitting shall be one of the Team members registered pursuant to Rule 3.1.

22. 7.5 Competition Communications Oral communications during the Oral Round shall be strictly limited to the following. Any Team which engages in communications not listed in this Rule shall be penalised.

7.5.1. Oral Courtroom Communication between Counsel and Judges Each Speaker designated to present oral pleadings may communicate with the judges, and the judges may communicate with that Speaker, during the Speaker’s allotted time, and pursuant to Rule 7.1. In addition, in extraordinary circumstances, the judges may communicate directly with either Team’s counsel table (for example, to clarify the spelling of a Speaker’s name or to request that a Team remain quiet during its opponent’s oral presentation).

7.5.2 Oral Courtroom Communication and Activity at Counsel Table Every courtesy shall be given to Speakers during oral argument. Communication at the counsel table shall be in writing to prevent disruption, and Teams shall avoid all unnecessary noise, outbursts, or other inappropriate behaviour which distracts from the argument in progress. Any Penalties imposed under this Rule shall be deducted from the Oral Scores of both Speakers of the offending Team.



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