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.
Law Commission Report No. 184 - Legal Education & Professional Training and Proposals For Amendments To The Advocates Act, 1961 and The University Grants Commission Act, 1956, 2002
Randall Robert Maley v. Thomas Osla, Trial Judge Ken James, District Attorney Gale A. Norton, Attorney General of the State of Colorado Donna Salmon James P. Swanseen Aristedes Zavaras, Executive Director, Department of Corrections Thomas Cooper, Warden, Fremont Correctional Facility, 45 F.3d 440, 10th Cir. (1994)