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Price Media Law Moot Court Programme

Participant’s Guide - Preparing the Memorials

I. Memorial Background read and fully understand both the Rule s


and Facts presented in the actual case. For
Memorials are in essence legal written all Price Media Law Moot Court
documents that are prepared by the Competitions, these will be available prior
competing teams based upon the facts to the competition on our website:
presented in the case, and subsequently pricemootcourt.socleg.ox.ac.uk. Failure to
utilized by teams to develop a framework understand the particular rules of your
for their oral pleadings. During a Moot competition could result in unnecessary
Court Competition, participating teams and careless penalty deductions.
must prepare and submit two Memorials Additionally, it is essential that before
per team; an Applicant Memorial and a teams set out on their research endeavor
Respondent Memorial. Participating that participants familiarize themselves
teams must carefully allocate sufficient with the problem outlined in the case,
time to research and write the Memorials create a detailed road map for how best to
from the period that the case is released to approach the problem, and allocate work
the deadline for submitting the Memorials. between the respective team members.
Since this is an educational experience, the The case for each competition will also be
more time and dedication that a team made available on our website prior to the
devotes to writing the Memorials, the competition.
greater the self-reward and gratification
participants will receive from their Moot II. The Sections of the Memorial
Court experience.
Each Memorial will contain the following
There are numerous approaches that one required sections in the following order:
can take when writing the Memorials, but Front Page, Table of Contents, List of
participating teams should remember that Abbreviations, List of Sources/Authorities,
the Memorials are an adjudicator's first Jurisdiction of the Court/Statement of
contact with your arguments. To help the Jurisdiction, Statement of Relevant Facts,
reader understand your arguments try to Questions Presented, Summary of
present clearly every step of how you Argument, Argument, and Submissions.
reach your conclusions. Do not assume Below is some advice on preparing each of
that the adjudicator is familiar with the these.
sources you are citing or with the structure
of your argument the way you have it in A. Front Page
your mind.
Teams are strongly encouraged to include
The Memorials should be persuasive, based the necessary information according to
upon sound and supported legal facts, and the Rules of the Moot Court, and not
attempt to convince the court on the obsess about the attractiveness and visual
argument being developed. Prior to aesthetics of the Front Page. Teams will
starting the actual research and writing of not be awarded extra points for assemblage
the Memorials, it is critical that teams or utilizing ornate binding. The front page

Participant’s Guide Page | 1


should include the team number; the year source/ authority appears. Listing sources
of the Competition; the name of the case; which have not been supported by a
the title of the document (i.e., "Memorial team’s argument and thereby falsely
for Respondent" or "Memorial for alluding to the extent of a team’s research
Applicant"); and the total number of initiative will be easily recognized by the
words in the Argument and Submissions Memorial grader, and reflect poorly upon
sections on the bottom right. a team’s overall performance.

B. Table of Contents E. Jurisdiction of th e


Co urt/Statement of Jurisdiction
While most national legal systems do not
require a table of contents as a part of
The participants are expected to work
their written pleadings, this is a good
within the framework of the legal and
learning exercise for participants. Having
judicial system specified by the official
a table of contents allows the reader to
rules of the particular Moot Court
quickly scan and therefore better grasp the
competition they are participating in.
organization, structure and logic behind
While these do differ by competition,
the legal research in the Memorial. Thus,
within the scope of the Price Media Law
teams should be conscious of the initial
Moot Court Programme, these will be
impact that the headings in the table of
clearly indicated on our website.
contents can have upon the judges.

F. Statem ent of Relevant Facts


C. List of Abbreviations

The Statement of Relevant Facts should


Utilizing standard and common
be limited to facts relevant to the
abbreviations is acceptable and at times
Arguments section. When preparing this
strongly encouraged when composing the
section, Mooters should consider that the
Memorial. Any abbreviation used by
Statement of Relevant Facts is not a
participants within the Memorial should
regurgitation of the various statements
be explained in this section.
and facts presented in the case. It is very
good practice to develop a different
D. List of Sources/Authoriti es
Statement of Relevant Facts for the
Applicant and Respondent. Opposite sides
Each source or authority must be
will typically place an emphasis on
supported by bibliographical information
different aspects of the facts provided and
that allows a reader to identify and locate
this must ideally be reflected in the
the authority. This section allows
Statement of Relevant Facts for each side.
participants, as well as judges, to get a
clear sense of the extent of the research
G. Q u estions Presented
that was conducted to build the legal
argument. The list of sources should be
Similar to the Table of Contents and List
relevant and supportive of the case and
of Sources/Authorities sections, the
should signify the diverse and
Questions Presented section provides the
comprehensive nature of the team’s work.
Memorial grader with a critical
In this section, a good Memorial will have
understanding for how a respective team
the relevant Memorial page number(s)
plans on approaching the case. The
from the Argument section where that

Participant’s Guide Page | 2


questions in this section are based upon strengths of their argument. Arguments
the issues raised in the case, and will be should be presented in a rational and sound
subsequently answered and addressed in the manner to further enhance the argument
latter Argument and Submissions sections. being forwarded. A strong Memorial
Teams must present the questions in a recognizes arguments of the opposing side
neutral manner. The questions should be and tries to put forth arguments that will
precise, relevant to the facts, and ideally constitute a legally tenable response.
each question should not be more than a Arguments that deviate from the problem,
sentence. While each legal question might arguments that are repetitious, and
have further sub-questions, teams must arguments that are not legally supported
state only the main legal questions in this will not rest favorably with the judges
section. Usually, there are 4-5 main legal grading the Memorial. It is important to
questions in every problem. remember at all times that you must apply
the facts to the legal arguments being
H. Sum mary of Argument developed.

When writing the summary of your J. Submissio ns


argument, it is recommended that
participants do not simply rely upon the Following the Argument section is the last
headings and topic sentences in the section of the Memorial, the Submissions.
Argument section. This summary is the In many Moot Court competitions,
essential core of your entire argument, and Submissions can also be commonly
should truly illuminate the ultimate referred to as reliefs, prayers, or even
purpose of your Memorial. prayers for relief. In essence, they refer to
the various orders – on the basis of the
I. Argument arguments in the preceding section –
teams seek from the court. Each order
The Argument section is largely sought must be precisely drafted in one
considered the most important aspect of sentence per order, and must appear in the
the Memorial, and it is where participating Questions Presented section.
teams are afforded the opportunity and
space to truly display the quality and III. Citing Sources
creativity of their legal research and
Properly citing sources is necessary in any
analysis. Since the Argument and
Moot Court competition, and since most
Submissions sections have a word
arguments are based upon prior legal
limitation, it is vital that teams seek to
sources and authorities frequent citing is
create a quality, focused argument within
common practice in Memorials. After
the guidelines of the official rules of your
providing the first full citation in the
Competition and as a result there are
footnotes, sources that are subsequently
numerous methods for structuring your
repeated can be abbreviated and utilize
argument. Nevertheless, teams should
references, such as ibid. Detailed legal
arrange their points in a logical, justifiable
citation systems exist such as The
structure, and look to legal authorities,
Bluebook: A Uniform System of Citation
such as standard text books, academic
and the Oxford Standard Citation Of
commentary, statutes and cases, for
Legal Authorities (OSCOLA). Some Moot
developing and assessing the relative
Court Competitions prescribe the

Participant’s Guide Page | 3


particular citation system to be followed the quality of the team’s overall
while others do not. Participants should argument.
look to their Competition’s Rules for
guidance on this. For Competitions that Moot Court teams should be cognizant of
do not prescribe such a system, it is good the process for submitting the Memorials
practice to either adopt one of the above according to the official Rules of the
systems or adopt your own system. Either Competition, as well as be aware of the
way, such a system must be consistent Memorial grading process.
throughout the Memorial.
Every Memorial will be marked on the
When writing the Memorial, please take basis of a hundred (100) point scale by
into consideration that everything three (3) judges. The maximum score a
presented to the judge should be supported team can earn for the Memorial raw score
by some sort of legal authority. is the sum of the three (3) judges’ scores.
Participants should therefore be able to Teams should be aware that Memorial
provide a specific reference for their grading is conducted in a fair and
arguments if requested by the judge during transparent manner. The Price Media Law
the oral pleadings. Moot Court administration has attempted
to eliminate subjectivity during our grading
IV. Revi ewi ng, Submitting and
process by providing judges with a
Grading the Memorials
reference guide for how to evaluate and
score Memorials; utilizing three judges to
When allotting the necessary time for
grade the Memorials; and establishing
researching and writing the Memorials,
anonymity during the grading process by
teams should also allocate a minimum of
providing the teams with a unique
one week for reviewing, editing, and
identifier, such as a number. The
formatting the document prior to
Memorial reference guide includes a
submission. We cannot stress enough the
sampling of past Memorials submitted by
importance of carefully reading your
Moot Court teams, in addition to the
team’s Memorial for spelling and
respective scores and comments that were
grammatical errors, and not solely relying
provided by Memorial graders. Judges are
upon word processors to run automatic
also provided with a scoring sheet to grade
spelling and grammar checks. When
the Memorials, which is intended to reduce
reviewing the Memorial, it is strongly
subjective marking and ensure consistency
encouraged that teams take into
throughout the Competition. To increase
consideration the word limit, and
the openness of the Moot experience,
associated deductions according to the
Appendix I of this guide provides the
rules. Additionally, while a prime objective
score sheet and criteria that Memorial
of Moot Court participation is to
graders will utilize to assess your team’s
strengthen one’s ability to work in teams
Memorial.
with various team members often writing
different components of the Memorial, it
V. Co nclus ion
is important that the Memorial reads in a
uniform and coherent manner. If the
This guide was intended to serve as a
Memorial reads in a fractured and
resource and provide insight and
fragmented manner, this will be received
information as Moot Court teams prepare
negatively by the judges and detract from

Participant’s Guide Page | 4


for their Moot Court Competition. Once
again, we are excited and honored to have
you participate in the Price Media Law
Moot Court Programme and hope you are
looking forward to and will enjoy this
exciting experience.

Participant’s Guide Page | 5

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