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Page 1: Mewar Law Institute - WordPress.com  · Web viewWe have immense pleasure to invite you for the National Moot Court Competition- 2019 to be held on 20thApril & 21stApril, 2019 in

Mewar Law InstituteOrganizes

Advisory Board

In Partnership with

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Mewar Law Institute

Invitation LetterTo

The Vice Chancellor/Dean/Principal

Subject:- National Moot Court Competition-2019

Dear Sir/Madam,

We have immense pleasure to invite you for the National Moot Court Competition- 2019 to be held on 20thApril & 21stApril, 2019 in our college premises. Kindly send a team of three or four participants (including 2 Speakers and 1 Researcher or 2 Speakers & 2 Researchers) of your esteemed Institute. We would be delighted to have your institution participate in the said competition.

Lodging & Boarding arrangement shall be made as per charges mentioned in brochure. You are supposed to confirm your entry along with your need for accommodation before 17 th

April 2019. However, the participating college is expected to bear the travelling and other incidental expenses of their representatives.

The Moot Court problem, and its official Schedule, & the rules & regulations governing the competition are enclosed here with. Kindly confirm your law school’s participation and let us know the team’s travel plans at the earliest after registering before the due date.

We, once again request your good self to give due consideration and personal attention to this academic program and extend your co-operation to make the competition a grand success!

Thanking you,

Yours faithfully,

(Karun Kumar Kaushik)

Vice Principal

Mewar Law Institute

8588911282

[email protected]

Note:- Your participation can be confirmed through E-mail.

Mewar Law Institute Sector 4C Vasundhara, Ghaziabad.

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From the Desk of Principal

Our approach to National Moot Court Programme is to select topics of current social relevance. The idea behind this is to create an atmosphere to show that difficult, controversial, emotional, social problems and legal problems can be discussed reasonably rationally and dispassionately in a Court room and even outside. As Court is a dialogue-engaging institution where two parties through their lawyers can argue the legal and social problems calmly, rationally and without passion. We emphasize upon 3 things- Philosophy of Law, Legal Techniques and Legal Reasoning and awareness of the Socio-economic problems of the country and the world. To this end, we have developed a program of regular problem oriented lectures by our academic staff and by other experts, regular weekly group discussion on socially relevant subjects, seminars workshops and Moot courts for our students. As a part of this program, we decided to host and organize the National Moot Court competition. Moot court is an integral part of the legal education through which the students learn the art of law. From the very beginning so that the students learn to understand the problem, to find out the relevant law, to draft the pleadings, to argue before the court persuasively and to assist the court in doing justice. We need lawyers “Not only with great minds but with great hearts. Our humble effort is to teach our students how to use law as an instrument of social engineering in order to protect and promote the basic values, ideals and principles of our Constitution. With this in mind we are organizing the First National Moot Court on 20 th– 21stof April, 2019.

We cordially invite you to participate in Mewar National Moot Court Competition.

Yours faithfully,

(Karun Kumar Kaushik)

Vice Principal

Mewar Law Institute

8588911282

[email protected]

Note:- Your participation can be confirmed through E-mail.

Mewar Law Institute Sector 4CVasundhara, Ghaziabad.

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1. STRUCTURE OF THECOMPETITION:

The Competition will be structured as per the following format:

a. PreliminaryRounds

b. FinalRound

2. LANGUAGE

The language of the Competition shall be English.

3. ELIGIBLITY

• Students pursuing 3 years/ 5 years undergraduate LL.B. degree course are eligible to participate in thiscompetition.

4. TEAMCOMPOSITION

• Theteamcomposition,forthecompetition,shallcompriseofeitherthree members(beingdesignated as two Speakers and one Researcher) OR four members (two of them shall be designated as Speakers and two Researcher).

• TheResearchermaybepermittedtoargueasSpeakerincaseofillnessoranyunforeseenevent,but the permission of the Moot Court Convener in such case shall bemandatory.

5. DRESSCODE

The participants shall adhere to following dress code when present in any court room during the Competition.The participating teams shall also adhere to the mentioned dress code while attending the inaugural and valedictory ceremonies of theCompetition.

a. Girls: White salwar and white kurta or white shirt and black trousers along with black coat and blackshoes.

b. Boys: White shirt, black trousers and black tie along with black coat and blackshoes.

6. PARTICIPATION AND REGISTRATIONPROCEDURE

• Teamsinterested in taking part must register by April 14th, 2019 by sending an email to [email protected] with the subject “Registration for Mewar National Moot Court Competition”. On receiving the registrations, the same will be notified immediately to the respective teams through electronic mail. Selected teams must confirm their participation by 16th April, 2019 by sending an email to [email protected]. Team shall be allotted a Team Code upon confirmation of participation.

• Payment of INR 3000/- can be send via Paytm on 9149199169,or By DD in favour of Mewar Law Institute. The payment for registering should be made maximum by 15 thApril, 2019.

• Receipt for the same shall be communicated along with scanned copy of Registration forms on [email protected] or on whatsapp no:-9149199169.

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MEMORIALS

• All memorials submitted for all purposes of the Competition shall strictly adhere to the rules of the Competition. Each Team participating in the Competition must prepare one Memorial on behalf of Petitioner(s)/Appellant(s) and one on behalf of the Respondent(s)/Defendant(s). Further each team has to submit 6 hard copies of the Memorials from each side to the organizers. Non-compliance will entail a penalty of 1 point per copy not submitted. Soft copies of the memorial must reach the organizers latest by 17thApril, 2019, failing which, the same shall not be considered and would lead todisqualification.

• Petitioner Memorials are required to have a Blue Cover and Respondent Memorials are required to have a Red Cover. The memorials shall not contain any form of identification apart from the team code. If any such identification or mark, symbol, etc. which has the effect of identifying the team is found on the memorial, then it shall result in instant disqualification. A penalty of 1 mark shall be levied in case the memorial is submitted in any other format or as a multiple file by the team. The hard copy of memorial must be exact replica of the soft copy submitted with the Organizers. Any difference in the same will result in disqualification from theCompetition.

• Each Team must send a soft copy of their memorials, in .pdf format only, for evaluation byApril 17th, 2019 before 11:59 P.M. to [email protected] in with the subject “Memorials for MLI National Moot Court Competition, 2019”. Memorials submitted beyond the deadline shall incur a liability of 3 points for the first day of delay, and 5 points each day fore very subsequent day. No extensions will be granted with respect to this deadline. Memorials shall be sent as an attachment with the mail in the form of single file for each side ofmemorial.

• GUIDELINES FORFORMATTING:

1. Memorial Structure: The memorial must have following pagesonly:

i. Cover Page – The cover page shall contain the case title, side of the memorial, year of competition, name of the Court and team Code on top rightcorner.

ii. Table ofContents

iii. List ofAbbreviations

iv. Index ofAuthorities

v. Statement ofJurisdiction

vi. Statement ofFacts

vii. IssuesRaised

viii. Summary ofArguments

ix. Pleadings /Arguments Advanced

x. Prayer

2. Team Code: The team code must be ascribed on the top right corner of the coverpage.

Note:-Team shall be allotted a Team Code by 15thApril, 2019.

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3. Content Specifications: The following content specifications must be strictly adheredto:

i. Font and Size (General) - Times New Roman, 12pts

ii. Line Spacing (General) - 1.5lines

iii. Font and Size (Footnotes) - Times New Roman, 10 pts

iv. Line Spacing (Footnotes) - Singleline

v. Page Margins - 1 inch on all sides

vi. The Hard Copies of the Memorial shall be printed on only oneside.

vii. The citation should be in compliance with the 20th edition of Bluebook. Speaking footnotes or Endnotes are notallowed.

• MARKING CRITERIA FORMEMORIALS:

Marking Criteria Marks Allotted

Evidence of Original Thought 20

Knowledge of Law and Facts 20

Proper and Articulate Analysis 20

Correct format and Citation 20

Extent and Use of Research 20

TOTAL MARKS 100

8. RULES FOR THE ORAL ROUNDS Draw ofLots:

The match up of teams in Preliminary Rounds shall be determined on the basis of draw of lots. Draw of lots and Memorial Exchange shall take place on April 20th, 2019 after the InauguralCeremony.

Preliminary Rounds

• The preliminary rounds will be held on April 20 th, 2019. The Preliminary rounds shall comprise of Two Rounds of oral arguments subject to the allotment of team codes. In the preliminary rounds, each team shall have to argue twice, once as a petitioner and the other as arespondent.

• Each team will get a total of 20 minutes to present their case. This time will include rebuttal and sur-rebuttal time (if permitted by the judge(s)). The division of time per speaker is left to the discretion of the team subject with a minimum of 10 minutes per speaker and not more than 15 minutes per speaker. Rebuttals can be assigned a time period of not more than 5minutes.

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• The oral arguments should be confined to the issues presented in the memorial. The researcher may sit with the speakers during the oral rounds. Maximum scores for the oral rounds shall be 50 points per speaker per judge. The speakers can provide the copies of the compendium, only if the same is permitted by the panel of judges in their respective court rooms. No two Teams will argue against each other more than once in the PreliminaryRounds.

• The oral rounds shall be judged on the followingcriteria:

Marking Criteria Marks Allotted

Preparation and familiarity with facts 10

Structure of Legal Argument 10

Knowledge & Application of Law 10

Organization, Presentation, Speaking Ability 05

Responsiveness to Questions 05

Persuasiveness and Advocacy 05

Courtroom Etiquette 05

TOTAL MARKS 50

• The winners of the preliminary rounds shall, i.e. total eight teams (10 teams) shall qualify for theFinal Round. In case there is a tie, the winning difference of their respective rounds shall be taken into consideration. Further, in case of tie after taking winning scores into consideration, the decision shall be taken on the basis of the Memorialmarks.

Final Rounds:

The Final Rounds shall also take place on April 21st, 2019 with four Finalists. The Winner of the Final Round shall be declared Winner of the Competition.

General Rules:

• IncaseofevaluationofalltheRounds,theMemorialMarksshallbeincludedtodecidethemerit.• The decision of the judges with regard to the outcome of the rounds shall befinal.

Scouting

Teams shall not be allowed to observe the orals of another team, unless they have been officially knocked-outofthecompetition.Scoutingisstrictlyprohibited.Scoutingbyanyteamshallentailinstant

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disqualification.

8. Award:-The competition embraces following awards:

• Best Team : Rs.11,000

• Runners-Up : Rs.5,100

• Second Runners-Up : 3,100

• Best Memorial : Rs.1,100

• Best Mooter : Rs.1,100

10. ACCOMMODATION ANDTRAVEL

• Accommodation and food shall be provided to all teams by the organisers from April20th, 2019 @2000/- per participant.

• The interested participants for availing accommodation facility should pay 1000 rupees in advance up to 18th April, 2019.

• The interested students are required, to inform the Organizing Committee, of their Travel plan.

• Teams should send their travel plans by April17th, 2019.

11. CLARIFICATIONS:

Any clarifications regarding the competition may be sought from :-

[email protected]

REGARDING MOOT COURT PROCEDURE AND PROPOSITION:

Faculty Co-ordinator:

Ms. Sumedha Ganjoo :8588911282

STUDENT CONVENOR :

Kartik Aggarwal 7011461996 Kokab Ali 9999297869

Vaibhav Varshney 9149199169 Arundhati Banerjee 9811610833

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Date Schedule of Mewar National Moot Court Competition

S.No

Events Date & Time

1. Deadline for receiving Soft Copy of Registration from (by organizers)

14th April, 2019

2. Deadline for receiving hard copy of registration form (by organizers)

16th April, 2019

3. Communication of confirmation of Team codes to registered teams

15th April, 2019

4. Deadline for receiving queries seeking clarification & Travel details of the team

15th April, 2019

5. Issuance of clarifications on the queries 16th April, 2019

6. Deadline for submission of soft copy of the memorials

17th April, 2019

7. Inaugral Ceremony, Draw of lots 20th April, 2019 from 9:00 A.M.

8. Finals 21st April, 2019 from 9:00 A.M. to 3:00 P.M.

9. Valedictory Ceremony 21st April, 2019 from 4:00 P.M. to 6:00 P.M.

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Statement Of Problem

The Free State of Vola constitutes the largest democracy in the world. The Free State of Vola shares

its boundaries with seven other democracies having amiable and strong trade relations amongst

them. However, Vola shares an unpleasant relation with the neighbouring State of Ura, on account

of continued turbulences, caused by various terrorist groups, financially supported by the

stratocracy of Ura. Evidently, the Government of Ura indulged in the creation of an environment of

hostility amongst the people residing in the bordering regions of Vola by circulating take currency

notes amongst those people, instigating them to promote internal disturbance. The policy of the

Free State of Vola was largely dominated by the Left learning political party. The Dothraki Dal, for

almost six decades. In the year 2014, the State witnessed an era of revolution, fostering in, for the

very first time, a Right learning political party, The Free Folk of Vola, which swept the legislative

assembly elections with an unimpeded majority. The nation looked up to this political party with a

hope that it will rejuvenate the dampened fire of the Free State by eradicating corruption, the

nation's oldest and most menacing dread. The citizens drew a lot of inspiration from the current

Prime Minister, Mr. Arthur Philip, a well recognised World Leader.

Mr. Philip started taking necessary steps to eradicate the problems of the nation from the very

inception of his administration. The Prime Minister aimed at making the Free State of Vola a Super-

Power. Subsequently, the Prime Minister emphasized on strengthening the political and economic

relations of the nation with the other states. After a proper analysis and profound deliberation, the

Philip administration came to a conclusion that the goal of eradication of corruption can only be

achieved by severing its roots which are dug deep inside the nation itself. Finally, on October 20,

2016, after two years of successful and efficient administration. Philip came up with a strategy to

tackle both corruption and terrorism with a single blow by the way of demonetization. This scheme

of demonetization was given effect by ceasing the usage of all Rs.500 and Rs.1000 currency notes as

a form of valid legal tender. It was officially declared that the citizens may exchange their Rs.500 and

Rs.1000 currency notes with currency notes of smaller denominations which would continue to

serve as valid legal tender, through any nationalized bank or any equivalent financial institution

within December 31, 2016. In the meanwhile, the Government shall circulate newly minted currency

notes of higher denominations which would also serve as valid legal tender. The said strategy in the

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first case, targeted the unaccounted money in possession of the tax-evading citizens. Formidable,

this move would also render the take currencies obsolete which sponsored terrorism.

However, the surprise move the Government of demonetize currency notes of Rs.500 and Rs.1000

led to a situation of hue and cry as it caused large scale mayhem and life threatening difficulties to

the citizens. Mr. John Dann, a public spirited Advocate stated that "The decision of the government

has adversely affected 1.25 Billion citizens who are clueless about running their day-to-day life till

the period during which the transition from specified bank notes to new bank notes takes place.

People are standing in long queues outside banks or ATMs for the entire day or subsequent days,

affecting their work or trade, to obtain legitimate currency notes. There are still many who are

unable to withdraw or obtain legitimate currency. The whole situation is pressurizing the banking

industry, financial institutions and the common mass." Hence, he brought a PIL against the action of

the Government challenging its constitutional validity as it resulted in the infringement of right to

life, trade, livelihood, existence, business, education, etc.

The Constitution and laws of India are mutatis mutandis applicable to the Free State of Vola.

State of Vola follows Indian laws.