mechanics and memorial writing

7/30/2019 Mechanics and Memorial Writing

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PLEASE READ.

This is a class effort for PIL.

May or may not exempt us from Final exams for PIL.

2013 PUBLIC INTERNATIONAL LAW

MOOT COURT COMPETITIONJanuary 25 and 26, 2013

Organized by:

SAN BEDA INTERNATIONAL

LAW SOCIETY

In cooperation with the

LAW STUDENT GOVERNMENT

SAN BEDA COLLEGE OF LAW

BACKGROUND

The 2013 PIL Moot Court Competition aims to provide a venue for second year law students to become acquainted and

proficient on public international law, specifically IHL issues, including related conventions, principles, and jurisprudence, as

this is clearly of major concern to peoples lives. Further, this is an opportunity for students to practice and hone their skills

and talents in the art of argumentation.

MOOT COURT MECHANICS

1. I. THE MOOT COURT COMMITTEE

The Moot Court Competition is administered by the San Beda International Law Society, an organization primarily geared

towards the promotion of mooting as an effective academic exercise to prepare each member, as well as the law students in

court litigation. Its main purpose shall be to train each member to be the best in mooting as well as debating and public

speaking.

1. II. PARTICIPATION

The Competition is open to all second year students of Public International Law.

Each class shall be considered as one team.

Each team shall choose among its members, two (2) students to be the oralist. The rest of the members shall be

the researchers.

Each team must designate an official representative with contact details. Notice is given to the representative

shall constitute notice to the team.

The names of the team members and oralists as well as the representative shall be submitted to the Deans

office on or before December 8, 2012.


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Teams will be assigned team numbers through their representative on or before December 14, 2012.

1. III. THE COMPROMIS AND CLARIFICATIONS

1. A. Compromis

The Committee will release the Compromis or Moot Problem together with the rules. The release of the moot problem will

depend upon agreement with the professors but should not be later than December 1, 2012.

All correspondence and any other material shall be sent through the teams official representative.

1. IV. THE MEMORIALS

1. A. Submission of Memorials

Each team participating in the Competition is required to prepare and submit an Applicant and Respondent Memorials on

the Moot Problem which must be received by the International Law Society on or before January 5, 2012, 6:00 p.m. at

the Guidance Office.

The Teams are required to submit ten (10) hard copies of its Applicant and Respondent Memorials

Teams must likewise submit a softcopy contained in a CD of the following:

1. Copy of the memorials both for the Applicant and Respondent2. All research materials used for the competition

Once Memorials are submitted, revisions shall not be allowed.

1. B. Format of Memorials

All parts of the Memorials must be in Times New Roman, Size 12, with 1 line spacing and printed in standard short bond

paper (8 x 11). Quotations and footnotes shall have the same format but with single line spacing except between

separate footnotes.

The Memorials must be stapled on the upper left side.


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1. C. Parts of the Memorials

1. 1. Cover Page

The first cover page for both the Applicant and Respondent Memorials must specify the following:

Names of the team members Section Name of the Professor Title of the case Title of the document (Memorial for Applicant or Memorial for Respondent) Date of the Competition

The second page shall contain the following:

Team number Title of Document (Memorial for Applicant or Memorial for Respondent)

Number of pages

The memorials shall NOT exceed 10 pages (which includes the Summary of Pleadings, Body and Conclusion)

1. 2. Summary of the Pleadings

The Summary of the Pleadings provides a substantive summation of the arguments presented in the Memorial. It should

not be a reproduction of the headings and sub-headings found therein. To be effective, it must present the arguments

concisely and direct to the point in a maximum of two sentences.

1. 3. Pleadings (Body of the Memorial)

This is the core of the Memorial, sometimes referred to as Arguments. The Pleadings contain the arguments, position, or

standpoint of the team. It provides the law and jurisprudence on which the arguments are founded.

1. 4. Conclusion/Prayer for Relief

The Conclusion Prayer for Relief states the remedy the team is asking the Court to order. This is not to be used for

presenting new information or the summation of the teams case.


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1. V. THE PAIRING PROCEDURES

The pairing of teams for the general rounds as Applicant or Respondent shall be determined through a random draw. The

Committee has the power to adjust the pairing in order to account for absentee teams or other contingencies.

No team shall compete against the same team twice in the general rounds.

After the draw, teams are required to attend a meeting on (to be called by the committee) where the Memorials of the

opposing teams will be distributed.

1. VI. THE ORAL HEARING PROCEDURES

1. A. The Rules applicable to all the rounds

1. Each team shall consist of a first counsel and a second counsel, as designated by the team.

1. The order of the pleadings is as follows: Applicant 1 Applicant 2 Respondent 1 Respondent 2 Rebuttal, if any (Applicant 1 or 2) Surrebuttal, if any (Respondent 1 or 2)

1. Each team is given 35 minutes to speak, allocated as follows: 15 minutes for the first counsel 15 minutes for the second counsel 5 minutes for rebuttal (Applicant) or surrebuttal (Respondent)

1. The first counsel shall indicate at the start how long each counsel will speak and the time allotted for the rebuttal orsurrebuttal. The time of the first counsel shall begin from the entry of appearance. The remaining time in the oral

arguments, if any, may not be used to extend the time allocated for rebuttal or surrebuttal.

1. If the Applicant waives the rebuttal, the Respondent may not appear for surrebuttal.


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1. A counsel may ask the Court for an extension before the end of his/her designated time. The Court has the discretion toallow such request for extension.

1. There will be a timekeeper who will notify the counsels when they have: 5 minutes left 1 minute left 30 seconds left to end their presentation

1. Any communication at the counsel table shall be in writing to prevent disruption. The teams must avoid making any noise orinappropriate behavior which may disturb the proceedings.

1. Teams are not allowed to communicate with the audience or their respective coaches.

1. During the general rounds, team supporters are only allowed to observe the matches in which the school they are affiliatedare competing. The semi-final and final rounds are open to everyone.

1. Electronic devices such as laptops, handheld computers, mobile phones, and other similar gadgets are not allowed to beused during the rounds.

1. B. Rebuttal and Surrebuttal

The Rebuttal shall be limited to the points raised in the Memorial and Oral Presentations. The Surrebuttal shall be limited to

the points raised in the Rebuttal. Any infraction of the foregoing shall incur deductions of up to twenty (20) points from the

total team score in the round.

1. C. The General Rounds

All participating teams that have submitted their Memorials shall participate in the Oral Rounds. Each team shall argue twice

in the general rounds, once as Applicant and once as Respondent. This will be held on January 25, 2013.

1. D. The Semi-Final Round


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The top six (6) in the general round based on their aggregate scores in the oral rounds and the written submissions shall

advance to the semi-final round which will be held in the morning ofJanuary 26, 2013.

The pairings for the semi-final round shall likewise be determined by random draw.

1. E. The Final Round

The two teams garnering the highest scores in the semi-final round shall compete in the final round to be held in the

afternoon ofJanuary 26, 2013.

The team which will argue as Applicant/Respondent shall be determined by a toss coin. The higher-ranking team from the

semi-final round will call the toss. The winner of the toss will be given thirty (30) seconds to select which side to argue. If

the winner fails to choose within the allotted period, the other team will be given the same time to choose its side. If it

likewise fails, then the higher-ranked team will automatically plead as Applicant and the lower-ranked team as Respondent.

1. VII. COMPETITION SCORING

1. A. Scoring of Memorials

Each Memorial shall be assessed by at least two judges. Judges for the memorials shall be determined by Atty. Pablito

Perez.

Each judge shall score a Memorial on a scale of fifty (50) to one hundred (100) points. The average of the scores given by

the judges will be the final score of a Memorial.

1. B. Scoring of the Oral Rounds

The oral presentations in the general and semi final and semi- final round shall be evaluated by at least two judges. The

maximum score for each counsel shall be 100 and the maximum score for each team shall be 200.

1. C. Scores per Round

For each round, the teams aggregate score out of 300 shall be determined by combining its Memorial score with the two

oral presentation scores, pursuant to the above rules.

1. D. Criteria for judging

Memorials

Content of Arguments 40%


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Development of Arguments 30%

Originality 15 %

Thoroughness of Research 15 %

TOTAL - 100%

Oral Arguments & Presentation

Content of Arguments - 25%Development of Arguments - 15%

Questions from the Bench(Responsiveness) - 40%

Speaking - 20%

TOTAL - 100%

1. E. Tie-Breaking Procedure

In case of a tie for a particular slot in the semi-final round, the team that has the highest average score for its oral

presentations in the general rounds shall proceed to the next round.

In the event that the tie is still not broken, the team whose first counsel has the highest average score for his or her oral

presentations in the general round shall qualify to the semi-final round.

The above-stated rules shall likewise apply in case of a tie for a slot in the final round.

The decision of the judges shall be final.

1. F. Tabulation

The San Beda International Law Society Members shall be the official tabulators.

The average scores for the memorials shall be 20% of the final scores.

The average scores for the oral presentation shall be 80% of the final scores.

The top four teams having the highest score in the general rounds shall be the semi-finalists.

1. VIII. AWARDS

The winning team in the Final Round shall be awarded the PIL Moot Court Cup. The winning team shall received a P5,000

cash prize.

The top three (3) highest scoring oralist/counsels in the oral hearings of the general rounds will be awarded certificates as

1st, 2nd, and 3rd Best Mooters, respectively.

The Best Mooter in the final round shall also be given an award.

The other teams which made it to the semi-final round shall also be given Certificate of Recognition.

The Best Applicant Memorial and the Best Respondent Memorial shall also receive an award.


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TIMELINE

DateActivity

Distribution of compromis:

December 1

Submissions of names of oralists

December 8

Announcement of team numbers

December 14

Submission of memorials

January 5, 6:00 p.m.

Exchange of memorials

January 19

General rounds

January 25

Semi-finals; finals:

January 26

For Contacts, please text or call:

09175038405

Erika Gallego

2013 PIL Moot Court Project Head

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