The 2006 Philip C. Jessup International Law Moot Court Competition
and the
2006 Shearman & Sterling International Rounds
Official Rules
International Law Students Association
tel: +1 (312) 362-5025
fax: +1 (312) 362-5073
email: ILSA@ILSA.ORG
TABLE OF CONTENTS
OFFICIAL RULE 1.0 Organization of the Competition
1.3 Establishment
of Qualifying Tournaments
OFFICIAL RULE 2.0 Participation and Eligibility
2.2 Team
Composition and Selection
2.2.1 Minimum
requirements for team member eligibility
2.2.2 Executive
Director's written permission required in certain cases
2.2.3 Persons
ineligible to be team members
2.4 Outside
Assistance to Teams
2.5 Confidentiality
of the Bench Memorandum
2.6 Use
of Opposing Team's Memorials and Arguments
OFFICIAL RULE 3.0 Team Registration
3.1 Team
Registration Form and Team Contact
3.3 Team
Number as Identification
5.1 Eligiblity
of Persons to Judge
5.1.2 Faculty
Advisors and Coaches
5.3 Judges
Affiliated With Schools in the Competition
6.1.1 Memorials
Submitted in Languages Other Than English
6.3 Description
of the Memorial
6.3.2 Legal
Argument Limited to Pleadings Section.
6.3.5 Summary
of the Pleadings
6.5 Limitations
on the Use of Footnotes/Endnotes
6.6.1 Information
Contained on Memorial Cover
6.6.2 Team
Number as Identification on Memorial Cover
OFFICIAL RULE 7.0 Oral Pleading Procedures
7.1.1 Extension
of Time at Judges' Discretion
7.3.1 Rebuttal
and Surrebuttal
7.6 Competition
Communications
7.6.1 Oral
Courtroom Communication between Counsel and Judges
7.6.2 Oral
Courtroom Communication and Activity at Counsel Table
7.6.3 Written
Courtroom Communication
7.8 Interpreters
and the Use of Interpreters
7.8.2 International
Tournament
7.8.3 Team
Members as Interpreters
7.8.4 Non‑Embellishment
by Interpreters
7.10 Anonymity
of Teams in Courtrooms
7.11 Computers
and Laptops in Courtrooms
OFFICIAL RULE 8.0 Qualifying Tournament Pairing
Procedures
OFFICIAL RULE 9.0 International Pairing Procedures
9.2.1 Pairings
for the Preliminary Rounds
9.2.2 Religious
Scheduling Conflicts
9.3 International
Run-off, Octafinal and Quarterfinal Rounds
9.3.1 International
Run-Off Rounds
9.3.2 International
Octafinal Rounds
9.3.3 International
Quarterfinal Rounds, Semifinal Rounds, and World Championship Jessup Cup Round
9.3.4 National
Representation Limitation
9.3.5 Pairings
for the International Advanced Rounds.
9.4 Pleading
Option in the International Tournament
OFFICIAL RULE 10.0 Competition Scoring
10.2 Calculation
of Scoring Points
10.4 Determination
of Winners and Rankings from Preliminary Rounds
10.4.1 Determining
the Winner of a Match
10.4.2 Preliminary
Round Rankings
10.5 Scoring
Procedures for Advanced Rounds
10.5.1 Method
of Scoring – Qualifying Tournaments
10.5.2 Method
of Scoring – International Run-Off, Octafinal, Quarterfinal and Semifinal
Rounds
10.5.3 Method
of Scoring – World Championship Jessup Cup Round
11.2.2 Deduction
of Penalties by Judges Prohibited
11.2.3 Activity
Subject to Oral-Round Penalties
11.2.4 Discretionary
Penalties
11.4 Power
to Promulgate Additional Measures
12.1 The
Shearman & Sterling World Championship Jessup Cup
12.2 The
Hardy C. Dillard Award
12.5 The
Spirit of the Jessup Award
The following terms have the corresponding meanings.
“Administrator” means, with
respect to any Tournament, the person apppointed to administer that Tournament.
“Advanced
Rounds” means, with respect to any Tournament, all of the applicable
Championship Rounds, Semifinal Rounds, Quarterfinal Rounds, Octafinal Rounds,
and Run-Off Rounds conducted at that Tournament.
“Applicant” and “Respondent”
means the Team (or the members of a Team) which argues on behalf the Applicant
state and Respondent state, respectively, at any given point in the
Competition.
“Bench Memorandum” means the
memorandum of and laws and authorities concerning the Competition Problem
prepared by the executive office for the exclusive use of Competition judges,
as described in Rule 5.5.
“Competition” means the 2006
Philip C. Jessup International Law Moot Court Competition.
“Competition Problem” means
the official Compromis of the Competition as supplemented or corrected by any
official Problem Clarifications or corrections.
“Executive Director” means the
Executive Director of the International Law Students Association.
“International Tournament”
means the Shearman & Sterling International Rounds, the final stage of the
Competition, held among the Representatives from each nation.
“Memorial” means the written pleadings
of each Team, written and submitted pursuant to these Rules.
“National Rules Supplement”
means additional rules or clarifications applicable to the Teams from one
nation, and must be approved by the Executive Director and made available to
all Teams from that nation. (If a Team is unsure whether any National Rules
Supplement is applicable to it, the Team should contact the Administrator or
the Executive Director.) All Teams are advised to be aware that National Rules
Supplements may exist for their Qualifying Tournament.
“Official Timetable” means the official
timetable of the Competition.
“Oral Round” means a single
match of oral presentation between two Teams, one representing Applicant and
one representing Respondent, as described in Rule 7.0.
“Penalties” means Raw Points
deducted for any Rule violation pursuant to Rule 11.0.
“Problem Clarifications” means
the official clarifications of the Competition Problem and of these Rules, as
published pursuant to Rule 2.7.
“Qualifying Tournament” means any Tournament by which a nation
determines which Teams advance to the International Tournament.
“Representative,” "National
Representative," and "Regional Representative" each
mean a Team selected to represent each nation at the International Tournament,
whether by Qualifying Tournaments or by other means.
“Rules”
means these Official Rules of the Competition and any applicable National Rules
Supplements.
“Team”
means a team of eligible students recognized by the ILSA Executive Office which
competes in the Competition, pursuant to Rule 2.0.
“Tournament” means a competitive level
of the Competition.
The Competition is presented annually by the International
Law Students Association (ILSA) and The American Society of International Law
(ASIL). The Competition is administered by the Executive Director. The ILSA
Executive Office is located at 25 East Jackson Boulevard, Suite 518, Chicago,
IL, 60604, U.S.A., tel: +1 (312) 362-5025, fax: +1 (312) 362-5073, email:
ilsa@ilsa.org.
All materials developed by ILSA for the Competition,
including, without limitation, the Official Rules, the Competition Problem, and
the Problem Clarifications, are the sole property of ILSA, and may not be
reproduced for any purpose other than participation in or administration of the
Competition without the express and prior written consent of the ILSA Executive
Director. In addition, all Memorials become the sole property of ILSA, and may
not be republished without its express consent.
(a) The
Competition consists of two levels of competitions: (1) Qualifying Tournaments,
and (2) the International Tournament. Qualifying Tournaments are held in each
nation where more than one team wishes to participate in the Competition. The
International Tournament represents the final stage of the Competition and
includes the International Preliminary Rounds, Advanced Rounds, and the World
Championship Jessup Cup Round. Each Tournament consists of written pleadings
and oral pleadings.
(b) The Executive
Director will determine the exact number of Teams participating in the
International Tournament and manner in which they are chosen, provided that
each participating nation is permitted to enter at least one (1) Team in the
International Tournament of the Competition for every ten (10) Teams
participating in that nation’s Qualifying Tournament(s). In nations in which
only one Team registers, that Team is the National Representative.
If more than one Team registers from a particular nation or
jurisdiction, the Executive Director will inform all such Teams of name and
contact information of the Administrator of their Qualifying Tournament. The Team that wins the Qualifying Tournament
is the National Representative to the International Tournament. If only one Team registers from a nation or
jurisdiction, that Team is the National Representative to the International
Tournament.
The Executive Director
will appoint an Administrator for each Qualifying Tournament. The Administrator
will designate the date and location for the Qualifying Tournament and must
conduct the Qualifying Tournament consistent with these Rules and in
consultation with the Executive Director.
An Administrator may not
serve as coach or in any other way assist a Team registered in his or her
Qualifying Tournament. An Administrator may not act as a judge in actual or
exhibition Rounds of his or her Qualifying Tournament.
The Executive Director shall serve as
final arbiter of implementation and interpretation of these Rules and of any
National Rules Supplement.
(a) All law
schools and international law‑related advanced degree programs are
eligible to participate in the Competition upon formal acceptance by the
Executive Director. Each school may enter one Team. In extenuating
circumstances, an Administrator may petition the Executive Director, in
writing, to allow multiple Teams from a single school. Such representation may
be allowed if it is established that each Team fulfills the participation and
registration requirements of these Rules and 1) a local competition would be
difficult or impossible to hold due to school regulations, calendars or other
circumstances beyond the control of the Administrator or Teams participating;
or 2) the Teams represent different colleges or departments of the same school
and will be participating independently of each other.
(b) Teams which
have outstanding debts for fees or other Competition obligations (including the
(c) Any
Team which utilizes an ineligible Team member (Official Rule 2.2), improper
outside assistance (Official Rule 2.4), the Bench Memorandum (Official Rule
2.5), or an improper other Team's Memorial (Official Rule 2.6) will be
disqualified from the Competition.
A Team is composed of two (2) to five
(5) members. In order to be eligible, a student must satisfy the requirements
of this Rule 2.2.
A person may only be a member of a
team if he or she is enrolled:
(a) as a student full-time or
part-time in a program of study leading to the equivalent of a LLB or U.S.
Juris Doctor degree; or
(b) in one or more courses at a law
school or other institution which is participating in the Competition during
the relevant academic year; or
(c) as an extern or apprentice where
the externship or apprenticeship is a requirement of the person's legal
education.
In addition to satisfying Rule 2.2.1,
a person must additionally obtain the written permission of the Executive Director
to be a member of the team, if the person:
(a) is enrolled as an extern or
apprentice under Rule 2.2.1(c); or
(b) is enrolled as a visiting student
studying in a joint program between schools or on a special program at a school
other than the person's primary school of enrollment; or
(c) is enrolled full-time or
part-time in a program of study leading to a Master of Laws degree (LLM) or its
equivalent.
Regardless of Rules 2.2.1 and 2.2.2,
a person shall not be a member of a team if that person:
(a) has been admitted to the bar or
admitted to legal practice in any jurisdiction; or
(b) is enrolled as a student at more
than one institution, other than as a visiting student under Rule 2.2.2(b); or
(c) is enrolled as a student in a
doctoral program.
Team members may be chosen by any
method approved by the responsible authority within the school, subject to the
following provisions:
2.3.1 Selection by Intramural
Competitions
If a school wishes to hold an
intramural competition to determine the composition of its Team, the current
Competition Problem may not be used. unless approved in writing by the
Executive Director.
2.3.2 Nationality Requirements
Administrators may not, without the
written approval of the Executive Director, set nationality requirements with
regard to the composition of Teams. Requests for such approval must state
clearly in writing, the reasons for such a requirement, and must be
incorporated in approved National Rules Supplement, in accordance with these
Rules.
All research, writing and editing must be solely the product
of Team members. However, faculty members and other Team advisors may provide
advice to a Team. Such advice must be limited to: general discussions of the
issues; suggestions as to research sources; consultations regarding oral
advocacy technique; the location of legal sources; general legal research
methods; general commentary on argument organization and structure, the flow of
arguments, and format; and advice during Competition elimination rounds as to
pleading option or similar strategy. Any Team which receives inappropriate
outside assistance will be disqualified from the Competition.
The Executive Director may choose to
distribute to all teams a set of basic research materials. These materials are
intended to provide teams with an overview of public international law and with
the subject material of the Competition Problem. These basic materials may
include treaties, court decisions, scholarly articles, or other materials.
Teams are permitted to use these materials in their research and to refer to
them in their Memorials and oral pleadings, provided that, when used in
Memorials, these materials must be cited to their original source consistent
with Rule 6.5.
The Bench Memorandum is strictly confidential. The Executive
Director will disqualify any Team which makes use of the Bench Memorandum. Teams
having a copy of the Bench Memorandum should immediately return it to the
Executive Director without examining the contents.
A Team may not view or otherwise become privy to any Memorial
other than the applicable Applicant or Respondent Memorials of each of its
scheduled opponents. Notwithstanding the foregoing, Teams may incorporate
arguments and other information from Memorials and oral arguments of other
Teams which that Team has legally viewed.
Teams may submit written requests for
clarifications of the Competition Problem to the ILSA Executive Office by the
date in the Official Timetable. Based upon the requests received from all
Teams, the ILSA Executive Office will publish Problem Clarifications on the
date in the Official Timetable. Each Team must ensure that it receives and
adequately notes the Problem Clarifications
in preparation for the Competition.
Teams must not reveal their school or
country of origin to judges at any time during a Tournament. The Administrator
may disqualify or impose a Penalty against any Team that intentionally or
inadvertently discloses its school or country of origin to a judge, whether or
not such disclosure occurs during an Oral Round.
Each Team must complete a registration form and remit the
appropriate registration fee by the registration deadline in the Official
Timetable. Each Team must designate a Team contact. Notice to the Team contact
constitutes notice to all Team members.
Teams unable to pay the registration fee may request a waiver
from the Executive Director. The Executive Director will grant waivers in
exceptional circumstances only.
Each Team must submit all Team members' names and the degree
program in which each Team member is enrolled to the ILSA Executive Office by
the deadline in the Official Timetable..
After the registration deadline in the Official Timetable,
the Executive Director will assign each Team a team number.
The Executive Director, or the
Administrator in consultation with the Executive Director, will determine
persons who are eligible to serve as judges in any Tournament, subject to the
following provisions.
Students may not act as judges,
except LL.M. and other post‑graduate degree candidates who are not
directly affiliated with any Team participating in the Tournament at which they
are judging.
Team faculty advisors or coaches, or
other persons directly affiliated with a Team, may not act as judges in any
Tournament until the Team has been eliminated from the Competition.
Judges should not attempt to ascertain the school or country
of origin of any Team during a Tournament. However, in circumstances where the
judge believes his or her evaluation of a particular Memorial would be affected
by knowledge of whether or not the native language of the Team is English, the
judge may request the Executive Director to reveal whether English is the
native language of the Team.
No judge should sit on a panel of any Oral Round involving a
Team from a school with which the judge has an affiliation, acquaintance or
other role which would create an appearance of impropriety, except in situations
disclosed to and approved by the Executive Director. Merely being an alumnus of
a host school does not constitute a violation.
Judges should disqualify themselves from judging a Team if
they have a personal or professional relationship with the school or someone
affiliated with that Team, and if that relationship might jeopardize their
impartiality or create an appearance of impropriety. However, judges should not
disqualify themselves from judging a round merely because they have an acquaintance
with a Team member or other affiliation or relationship with the school.
If a Team competing in an Oral Round
wishes to inform the Administrator that a judge assigned to that Oral Round
might be disqualified under this Rule 5.3, it must inform the bailiff prior to
the beginning of that Oral Round. The fact that a Team member recognizes a
judge is not itself sufficient to disqualify the judge.
(a) Subject to
Section 5.4(b), judges should not view a Team which they have viewed in a previous Oral Round. If a judge must
view a Team twice, the Administrator should strive to ensure that the judge
views the Team’s opposite side.
(b) In the
Advanced Rounds of the International Tournament, the Executive Director may
permit judges to view one or more Teams which they have previously judged, if
such viewing serves the best interests of the Competition.
Judges must keep the contents of the Bench Memorandum
strictly confidential from Teams.
Judges are encouraged to provide direct feedback to Teams
regarding the Teams' performance at the completion of an Oral Round. In
providing such feedback, judges are admonished to give due regard to the time
limitations and schedule of the Tournament. With the exception of the Advanced
Rounds of any Tournament, judges must not reveal to any Team the results of
their individual determinations or the Team’s Raw Scores, nor may they provide
any substantive feedback that would reveal their individual determinations or
contents of the Bench Memorandum.
Each Team participating in the Competition must prepare an
Applicant and a Respondent Memorial. Unless otherwise specified in an
applicable National Supplement, the Team must send via electronic mail one copy
of each Memorial to the Administrator and to the Executive Director no later
than 11:59 p.m., university's local time, on the date specified in the Official
Timetable. Each Memorial should be
contained in a single file. The electronic copies must be submitted in
Microsoft Word for Windows format.
If a team is unable to send its Memorials by electronic mail,
or is unable to submit its Memorials in Microsoft Word for Windows format, it
must notify the Executive Director as soon as possible (and before the deadline
for mailing the Memorials), and the Executive Director may impose different
requirements for the delivery of that Team’s Memorials. All electronic and
paper copy versions (if any) submitted to the Executive Director, the
Administrator, or any other person under the Rules must be identical. Equipment
failure or problems will not be considered an excuse for improper formatting or
late mailing of Memorials. Once submitted to the Executive Director, Memorials
may not be altered.
If permitted by applicable National Rules Supplements, Teams
may submit Memorials for Qualifying Tournaments in languages other than
English. Teams must send such Memorials to the Executive Director in the
original language via electronic mail on or before the deadline indicated in
the Official Timetable. Memorials of such Teams advancing to the International
Tournament must be translated to English, and must otherwise conform to the
required format outlined in these Rules, prior to submission to the
International Tournament. The Executive Director will contact any such Team
advancing to the International Tournament, modifying the deadline for
submission of the English translations of its Memorials.
The translation of Memorials must be, to the greatest extent
possible, verbatim translations of the Memorials submitted in connection with
the Qualifying Tournament. The contents of Memorials may not be revised,
updated or otherwise altered in the translation process. The Executive Director
may disqualify any Team that alters the legal content of its Memorial(s) during
translation.
The font and size of the text of all parts of the Memorial,
including the footnotes, must be the same and must be in either Times New Roman
12-point or Courier 10-point, or larger type. The text of all parts of each
Memorial must be double-spaced, except that 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 Memorial.
Quotations to sources outside of the Memorial of 50 words or more in any part
of the Memorial must be block quoted (i.e. right and left indented) and may be
single-spaced.
The font-size and double-spacing provisions of this Rule do
not apply to the cover page of the Memorial. The double-spacing provisions of
this Rule does not apply to the Index of Authorities or the Table of Contents.
The Memorial must contain the following parts, and only the
following parts:
Cover Page;
Table of Contents;
Index of Authorities;
Statement of Jurisdiction;
Questions Presented;
Statement of Facts;
Summary of Pleadings;
Pleadings; and
Conclusion and/or Prayer for Relief.
Substantive,
affirmative legal argument or legal interpretation of the facts of the
Competition Problem may only be presented in the “Pleadings” section of the
Memorial, including the Conclusion and/or Prayer for Relief (except insofar as
such argument may be summarized in the “Summary of Pleadings” or anticipated in
the “Questions Presented”).
Each Memorial must include an “Index
of Authorities.” The Index must contain a list of all legal authorities cited
in any section of the Memorial. The Index must include a description of each
authority adequate to allow a reasonable reader to identify and locate the authority
in a publication of general circulation, and must include the page number(s) of
the Memorial on which each authority is cited.
Teams are advised that judges will take the following into
account in evaluating the Statement of Facts. A well-formed Statement of the
Facts should be limited to the stipulated facts and necessary inferences from
the Compromis and any clarifications to the Compromis. The Statement of the
Facts should not include unsupported facts, distortions of stated facts,
argumentative statements, or legal conclusions.
The Compromis typically omits certain facts which might be relevant or
dispositive to the outcome of the case. Participants will be judged on their
ability to conform the facts to their arguments without creating new facts or
drawing unreasonable inferences from the Competition Problem.
A well-formed Summary of the Pleadings should consist of a
substantive summary of the “Pleadings” section of the Memorial, rather than a
simple reproduction of the headings contained in the Pleadings section.
(a) The Pleadings
section of each Memorial, including any footnotes or endnotes and the
Conclusion and/or Prayer for Relief, must be no longer than 9,500 words.
(b) The Summary
of Pleadings section of each Memorial must be no longer than 700 words.
(c) The Statement
of Facts section of each Memorial must be no longer than 1,200 words.
Either footnotes or endnotes may be used. However, footnotes
or endnotes are to be used only to identify the source of a statement made in
the body of the Memorial and to provide the reader with a citation to a
generally-available reference for that source. Neither footnotes nor endnotes
may include substantive pleadings, examples, or any text other than the actual
cite. Footnotes and endnotes are included in the word count of Rule 6.4.
Inclusion of text other than the actual cite in a footnote is
a violation of Rule 6.3.2. Gross and repeated failure to include adequate
information in footnotes is, in the sole discretion of the Administrator, a
discretionary Penalty, subject to a Penalty of up to five (5) points.
Illustrative example of an acceptable
footnote: Certain
Norwegian Loans (Fr. v. Nor.), 1957 I.C.J. 9, 23-24 (July 6) [hereinafter
Norwegian Loans].
Illustrative example of a footnote in
violation of the Official Rules: Certain Norwegian Loans (Fr. v. Nor.), 1957 I.C.J. 9, 23-24
(July 6) [hereinafter Norwegian Loans] (holding that France’s reservation in
its declaration denying the Court jurisdiction over issues essentially within
the national jurisdiction as understood by France could be utilized
reciprocally by Norway).
Each Memorial should bear on its cover the following, and
only the following: (a) the team number; (b) the name of the court (the
International Court of Justice); (c) the year of the competition; (d) the name
of the case; and (e) the title of the document (i.e., "Memorial for
Respondent" or "Memorial for Applicant").
The team number must be placed in the upper right‑hand
corner of the outside front cover of the each Memorial, followed by an "A"
for the Applicant Memorial and an "R" for the Respondent Memorial
(For example, for team number 000, the identification of 000 A or 000 R would
appear at the upper right hand corner of the outside front cover of the
Applicant or Respondent Memorials respectively.).
Names of participants, nations or
schools may not appear on or within the Memorials. Signature pages are
prohibited. The Administrators shall strike all references to Team member or
school names from Memorials before submitting them to judges.
Each Oral Round of each Tournament consists of ninety (90)
minutes of oral pleadings. Applicant and Respondent are each allotted forty‑five
(45) minutes. 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 must indicate to the bailiff how it wishes to allocate
its 45 minutes among (a) its first oralist, (b) its second oralist, and (c)
rebuttal (for Applicant) or surrebuttal (for Respondent). The Team may not allocate more than twenty-five (25) minutes,
including rebuttal or surrebuttal, to either oralist. Time allocated for but
not used by one oralist may not be used by another oralist, or in the rebuttal
or surrebuttal. Any Team member may act as an oralist during any round of the
Competition. In extenuating circumstances, the Executive Director has
discretion to permit a single oralist to argue beyond the twenty‑five
(25) minute limit. Teams using interpreters shall be allotted additional time
pursuant to Rule 7.8.
Judges may, at their discretion, extend total Team oral
argument time beyond the forty‑five (45) minute allocation, up to an
additional ten (10) minutes per Team. Oralists asked to further expand upon
arguments may, in this instance, appear for more than the twenty‑five
(25) minute individual limit. Judges are strongly admonished to allow each Team
a similar amount of time for oral argument, consistent with these Rules.
In each Oral Round, the Administrator
shall employ three (3) judges whenever possible. The Administrator may employ
more than three (3) judges in Advanced Rounds. In extenuating circumstances,
the Administrator may authorize panels of two (2) judges, but this should be
done only as a last resort. In no case should an Administrator authorize a
panel of one (1) judge.
The order of the pleadings in each Round at all levels of the
Competition is:
Applicant 1 ‑‑> Applicant 2 ‑‑>
Respondent 1 ‑‑> Respondent 2 ‑‑> Rebuttal
(Applicant 1 or 2) ‑‑> Surrebuttal (Respondent 1 or 2).
Each Team may reserve up to ten (10) 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. Failure to announce will
not waive the right to rebuttal or surrebuttal. Only one Team member may
deliver the rebuttal or surrebuttal. The Team need not indicate prior to
rebuttal or surrebuttal which of its two eligible Team members will deliver
rebuttal or surrebuttal.
A Team’s oral
pleadings are not in any way limited to the scope of the Team’s Memorial. The
scope of the Applicant's rebuttal is limited to responding to the Respondent's
primary oral pleadings, and the scope of the Respondent's surrebuttal is
limited to responding to the Applicant's rebuttal. If the Applicant waives
rebuttal, Respondent may not appear for surrebuttal. Although judges are
admonished to enforce the limits on the scope of rebuttal and surrebuttal, and
may take a violation of this Rule into account in evaluating an oralist’s
performance, there is no discretionary or non-discretionary Penalty for
exceeding scope of rebuttal or surebuttal.
In extreme circumstances, such as when a Team fails to appear
for a scheduled Oral Round, the Administrator, after waiting thirty (30)
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.
The Administrator may schedule an additional ex parte
proceeding for the absent Team later in the Tournament, if time and
administrative concerns permit. The scores from the absent Team’s ex parte
proceeding does not affect the scoring of the original Oral Round and are used
only for purposes of calculating individual oral pleading scores.
During each Oral Round, one (1) additional Team member may
sit at the counsel table with the two (2) oralists as counsel. The person
acting as counsel must be one of the Team members registered pursuant to Rule
3.2. The person acting as counsel need not be the same person in each Oral
Round.
Each oralist may communicate with the
judges, and the judges may communicate with that oralist, during the oralist’s
allotted time. In addition, in extraordinary circumstances, the judges may
communicate directly with either Team’s counsel table (for example, to clarify
the spelling of an oralist’s name or to request that a Team remain quiet during
its opponent’s oral presentation).
Communication at the counsel table shall be in writing to
prevent disruption, and Teams shall avoid all unnecessary noise, outbursts, or
other inappropriate behavior which distracts from the argument in progress.
Written communication during the Oral Round shall be limited
to written communication among Team members seated at the counsel table. No
other written communication may take place among the oralist, Team members
seated at counsel table, spectators or Team members not present at the counsel
table.
All Preliminary Rounds should be open to the public. Teams
may agree in advance, and after consultation with the Administrator, to limit
the number of spectators in a room during Preliminary Rounds. Presence of
coaches, advisors, or other spectators affiliated with the Team are permitted
in the courtroom during an Oral Round involving the Team
Team members or persons directly affiliated with any Team may
only attend Preliminary Rounds in which their Team is competing. The Executive Director may in the interests
of the Competition waive this Rule. Violation of this Rule should be brought to
the attention of the Administrator immediately, without disturbing the Oral
Round, or immediately after the Oral Round has finished.
There are two types of scouting, both of which are
prohibited. “Direct Scouting” occurs when a Team attends an Oral Round
involving one or more Teams against which it will compete in a future Oral
Round. “Indirect Scouting” occurs when a Team attends an Oral Round involving
two Teams against which it is not scheduled to compete in the Preliminary
Rounds.
A Team which commits Direct Scouting forfeits all six Oral
Round Points in the Preliminary Round (or Rounds) in which it competes against
the Team (or Teams) which it scouted.
A Team which commits Indirect Scouting shall forfeit one
Preliminary Round. For example, if the Team won four Preliminary Rounds, its
total number of wins shall be reduced to three, without other adjustment to its
Total Raw Points or Total Round Points. (If a Team which commits Indirect
Scouting wins no Preliminary Rounds, there shall be no such adjustment.) This
adjustment shall occur prior to the determination of final Preliminary Round
rankings described in Rule 10.4.
Each Administrator may allow Teams and/or judges to use
languages other than English during Oral Rounds in a Qualifying Tournament,
and/or may provide procedures whereby interpreters may be used, by including
Rules to this effect in the National Rules Supplements
A Team wishing to present its oral pleadings in the
International Tournament in a language other than English must arrange for
interpreters to interpret its oral pleadings during the International
Tournament. Arrangements for and costs incurred in hiring interpreters and
equipment are the responsibility of the Team. A Team wishing to use interpreters
must inform the Executive Director no later than two (2) weeks prior to the
start of the International Preliminary Rounds.
Such Teams may request permission from the Executive Director
to extend total Team oral argument time beyond the forty‑five (45) minutes
allotted under Rule 7.1. The maximum extension of time will be twenty (20)
minutes per Oral Round. The use of an interpreter in one Oral Round does not
commit the Team to using an interpreter in every Oral Round.
Given that interpreters will be translating
all arguments in a given Oral Round, any extension of time granted to a Team
will also be granted to its opponents. All judges and oralists in an Oral Round
involving an interpreter should take the professional needs of the translator
(for example, the need for clear enunciation of speech) into account during the
Oral Round.
A member of a Team may serve as an interpreter for other
members of the Team if: (a) he or she does not act as an oralist in the same
Oral Round in which he or she is an interpreter; and (b) he or she does not sit
at the counsel table during the Oral Round in which he or she is an
interpreter; and (c) he or she does not communicate with his or her Team in any
way during the Oral Round, except to interpret the oral pleadings.
When a Team employs an interpreter, the interpreter may only
engage in a literal interpretation of the oralists' pleadings and the judges’
responses. No embellishment on the part of the interpreter to enhance or
clarify the oralists' arguments or the judges’ responses is allowed. A Team
which violates this Rule is subject to forfeit all six (6) of the Oral Round
Points for that Oral Round.
No audio or videotaping of oral pleadings is permitted
without the advance permission of the entire panel of judges, the two (2)
participating Teams and either: 1) the Administrator; or 2) the Executive
Director. In no circumstances are participating Teams permitted to view or
listen to any such audio tape until after the completion of the Tournament in
which the taped Oral Round occurs. ILSA reserves all rights to the audio and
videotaping, or any other form of aural or visual reproduction, of any Oral
Round or part thereof. All Teams participating in the World Championship Jessup
Cup Round will be deemed to have consented to taping and broadcasting of that
Oral Round.
During an Oral Round, participants may not indicate their
country or school of origin.
Participants must not expose their school or country of origin through
direct or indirect means, including statements to judges, name tags or other
signifiers, the placement of folders, files, library books or other materials
bearing the name or logo of the school on the counsel table, and the wearing of
pins or clothing revealing the identity of their country or school.
During an Oral Round, oralists at the podium and participants
seated at counsel table may not operate laptop, handheld or desktop computers
or computing devices for any purpose. A
Team whose member violates this Rule forfeits all six (6) Oral Round Points.
Each Team participating in a Qualifying Tournament shall
participate in Preliminary Rounds consisting of four (4) Oral Rounds, twice as
Applicant and twice as Respondent; however, if four (4) or fewer Teams are
participating in such Qualifying Tournament, the Executive Director may permit
fewer rounds.
Each Team shall, to the degree possible, face any opposing
Team only once in the Preliminary Rounds of a Qualifying Tournament. In the
event that Teams must face each other in two (2) Preliminary Rounds, each Team
shall plead as Applicant in one Round and Respondent in the other Round.
The pairing of Teams for Preliminary Rounds shall be done, in
the first instance, by a random draw. The Administrator may modify the pairings
to account for absent Teams or other contingencies. If Teams must be newly paired, they must be
provided their new opponents' Memorials as soon as reasonably possible, but in
no event less than fifteen (15) minutes prior to the start of the newly paired
round.
If only two (2) Teams are competing in a Qualifying
Tournament, the Executive Director may allow the conduct of the Qualifying
Tournament by “Sudden Death Elimination Rounds.” In such Rounds, each Team
argues only once as Applicant and once as Respondent (for a total of two
rounds) to determine the winning Team. In Sudden Death Rounds, the Competition
scoring system shall be adapted accordingly by the Administrator, in
consultation with the Executive Director.
If more than sixteen (16) Teams are participating in a
Qualifying Tournament, the Administrator may hold Quarterfinal Rounds
consisting of four (4) matches among the eight (8) highest‑ranking Teams
from the Preliminary Rounds. In such Quarterfinal Rounds, the pairings shall be
as follows: the eighth-ranked Team versus the first-ranked Team (“Match One”);
the seventh-ranked Team versus the second-ranked Team (“Match Two”); the
sixth-ranked Team versus the third-ranked Team (“Match Three”); and the fifth-ranked
Team versus the fourth-ranked Team (“Match Four”).
In Qualifying Tournaments of sixteen (16) or more Teams, the
winning Team in each of the four Quarterfinal Rounds shall advance to the
Semifinal Rounds. In such Semifinal
Rounds, the pairings shall be as follows, with reference to the match numbers
described in Rule 8.2: the winner of Match One versus the winner of Match Four;
and the winner of Match Two versus the winner of Match Three.
In other Qualifying Tournaments of eight (8) or more Teams,
the Administrator may hold Semifinal Rounds among the four (4) highest‑ranking
Teams from the Preliminary Rounds. In such Semifinal Rounds, the pairings shall
be as follows: the fourth-ranked Team versus the first-ranked Team; and the
second-ranked Team versus the third-ranked Team.
If Semifinal Rounds have been held, the winning Team in each
of the two Semifinal Rounds shall advance to the Championship Round. If
Semifinal Rounds have not been held, then the top two teams from the
Preliminary Rounds shall compete against one another in a single Championship
Round. In either case, the winner of the Championship Round is the National
Representative.
Before each Advanced Round, each competing Team will be given
its completed master Team scoresheet from the Preliminary Rounds, but not
individual judges' scoresheets or notes.
In the Quarterfinal and Semifinal Rounds, the higher-ranking
Team from the Preliminary Rounds shall have the right to choose which side it
will argue (this right is called the “pleading option”).
The pleading option for a Championship Round shall be
determined by a coin toss. The
higher-ranking Team from the Preliminary Rounds calls the toss. The Team that
wins the toss has twenty (20) minutes to select which side it wishes to plead.
If that Team fails to select, then the opposing Team has ten (10) minutes to
select a side. If this opposing Team then fails to exercise its pleading option
within a ten (10) minute period, it also shall forfeit its pleading option.
Should both Teams fail to select, then the higher-ranked Team will argue
Applicant and the lower-ranked Team will argue Respondent.
Once the sides have been selected, the Administrator will
immediately notify both Teams. The
Administrator will give to both Teams the appropriate Memorial of their
opponent. The Teams will then be granted
a reasonable time to prepare for the Oral Round.
All National Representatives and all other Teams approved for
that purpose by the Executive Director are eligible to compete in the
International Tournament.
The Preliminary Rounds of the International Tournament
consist of four (4) Oral Rounds. Each Team pleads twice as Applicant and twice
as Respondent.
The Executive Director shall establish the pairings for the
Preliminary Rounds , in the first instance, by a random draw. The Executive
Director may modify this random draw to ensure geographic and competitive
diversity and balance.
Pairings for the International Tournament and the Memorials
of opposing Teams will be distributed to Teams on the first day of the
International Tournament.
The Executive Director may subsequently modify the pairings
to account for absent Teams. In such case, the Executive Director will notify
affected Teams and deliver their opponents' Memorials as soon as possible.
No later than four (4) weeks prior to the Preliminary Rounds,
Teams must notify the Executive Director in writing of any potential schedule
conflicts owing to religious observances. The Executive Director will make
every effort to accommodate the religious observances of Teams.
The Advanced Rounds of the International Tournament consist
of the International Run-Off Rounds, the International Octafinal Rounds, the
International Quarterfinal Rounds, the International Semifinal Rounds, and the
World Championship Jessup Cup Round.
Subject to Rule 9.3.4, the twenty-four (24) highest-ranked Teams from
the Preliminary Rounds shall participate in the Advanced Rounds.
The Run-Off Rounds consist of eight (8) pairings of the
sixteen (16) Teams ranked ninth (9th) through twenty-fourth (24th)
from the Preliminary Rounds, subject to Rule 9.3.4.
The International Octafinal Rounds consist of eight (8)
pairings of the eight (8) Teams ranked first (1st) through eighth (8th)
from the Preliminary Rounds (subject to Rule 9.3.4), and the eight (8) Teams
that win a match in the International Run-Off Rounds.
The International Quarterfinal Rounds consist of four (4)
pairings of each of the eight (8) Teams that win a match in the International
Octafinal Rounds. The International Semifinal Rounds consist of two (2)
pairings of each of the four (4) Teams that win a match in the International
Quarterfinal Rounds. The two (2) winning Teams from the International Semifinal
Rounds advance to the World Championship Jessup Cup Round.
No more than six (6) Teams from one nation may advance to the
Advanced Rounds of the International Tournament. If more than six (6) Teams
from one nation place among the twenty-four (24) highest-ranked Teams from the
Preliminary Rounds, only the six highest-ranked Teams from such nation may
advance to the Advanced Rounds. If after the application of this rule, there
are fewer than twenty-four (24) Teams eligible for the Advanced Rounds, the
highest-ranked Team(s) that did not otherwise qualify for the Advanced Rounds
shall be added until the number of Teams equals twenty-four. This subsequent
addition shall also be subject to this Rule 9.3.4.
Illustrative example: If seven Teams
from the nation of Erewhon qualify for the International Run-Off Rounds, the
seventh-ranked Team from Erewhon shall not advance to the Advanced Rounds. The
twenty-fifth (25th) ranked Team from the Preliminary Rounds shall be added to
the Advanced Rounds, unless the 25th-ranked Team is also from Erewhon; in such
a case, the next-highest-ranked Team that is not disqualified by this rule
would advance.
9.3.5.1 General Pairing Rule –
Power-Seeding
The pairings in the International Run-Off, Octafinal,
Quarterfinal, and Semifinal Rounds shall be determined by use of
"power-seeding," i.e. the highest-ranked Team shall compete against
the lowest-ranked Team, the second-highest-ranked Team shall compete against
the second-lowest-ranked Team, etc. For purposes of this Rule, all rankings
shall be determined by the final standings of the Preliminary Rounds.
Illustrative example: Under this rule, and unless one of the
qualifications in this Rule applies, the pairings in the International Run-Off
Rounds would be as follows: 9 vs. 24, 10 vs. 23, 11 vs. 22, 12 vs. 21; 13 vs.
20; 14 vs. 19; 15 vs. 18; 16 vs. 17.
9.3.5.2 Previous Meeting Qualification
If application of the General Pairing Rule would result in
one or more pairings in which a Team would face an opponent that it faced in
the International Preliminary Rounds, the Executive Director must adjust the
pairings in an equitable manner in order that such pairing is avoided. If the
Executive Director determines that, with respect to a given pairing, no
adjustment is possible, the Executive Director may disregard this qualification
with respect to such pairing.
9.3.5.3 National Pair‑off Qualification
(a) If two (2)
Teams from a given nation advance to the Run-Off, Octafinal or Quarterfinal
Rounds, those two Teams shall be paired against one another in such Round. All
Teams not affected by this qualification shall then be paired according to the
General Pairing Rule, discounting those two Teams.
(b) If three (3)
Teams from a given nation advance to the Run-Off or Octafinal Rounds, the second-ranked
Team from such nation shall be paired against the third-ranked Team from such
nation. All Teams not affected by this qualification shall then be paired
according to the General Pairing Rule, discounting those two Teams.
(c) If four (4)
Teams from a given nation advance to the Run-Off or Octafinal Rounds, the
first-ranked Team from such nation shall be paired against the fourth-ranked
Team from such nation, and the second-ranked Team from such nation shall be
paired against the third-ranked Team from such nation. All Teams not affected
by this qualification shall then be paired according to the General Pairing
Rule.
(d) If five (5)
Teams from a given nation qualify for the Advanced Rounds, and if more than
three (3) Teams from that nation place in the top eight (8) Teams from the
Preliminary Rounds, then the fourth-and fifth-ranked Teams from such nation
shall be paired against one another in the Run-Off Rounds. The place(s) in the
Octafinal Rounds left vacant by the removal of the Team(s) to the Run-Off
Rounds shall be occupied by the highest-ranked Team(s) from other nations, who
shall not be required to compete in the Run-Off Rounds.
(e) If six (6)
Teams from a given nation qualify for the Advanced Rounds, and more than two
(2) Teams from that nation place in the top eight (8) Teams from the
Preliminary Rounds, then the third- and sixth-ranked Teams from such nation
shall be paired against one another in the Run-Off Rounds, and the fourth- and
fifth-ranked Teams from such nation shall be paired against one another in the
Run-Off Rounds. The place(s) in the Octafinal Rounds left vacant by the removal
of between the Team(s) to the Run-Off Rounds shall be occupied by the
highest-ranked Team(s) from other nations, who shall not be required to compete
in the Run-Off Rounds.
Prior to each of the International Advanced Rounds, the
Executive Director will give each competing Team a copy of its completed Team
master scoresheet. For each pairing, the Executive Director will toss a coin,
and the higher-ranked Team in that pairing will call the toss. The Team winning
the toss must select which side it will argue within twenty (20) minutes. If
that Team fails to make a selection, the other Team must select which side it
will argue within (10) minutes If that Team fails to make a selection, then the
higher-ranked Team will argue Applicant and the lower-ranked Team shall argue
Respondent.
The Executive Director will then notify each Team which side
it will be arguing and will deliver to each Team one copy of its opponent's
Memorial. Both Teams shall then have a reasonable amount of time to prepare for
the Oral Round.
Scoring of the Preliminary Rounds shall consist of two parts:
the scoring of the written Memorials, and the scoring of the Oral Rounds.
Each Team Memorial shall be submitted to three (3) Memorial
judges. Each judge will score each Memorial on a scale of fifty (50) to one
hundred (100) points.
Each Oral Round will be scored by a panel of three (3)
judges. Each judge will score each oralist on a scale of fifty (50) to one
hundred (100) points.
Two (2) categories of points shall be awarded to Teams in
each match: Raw Score and Round Points.
The calculation of Raw Scores shall be subject to the
deduction of Penalty Points under the provisions of Rule 11.0.
10.2.1.1 Memorial Raw Scores
In each match, the Total Memorial Raw Score for each Team is
the sum of the three (3) Memorial judges' scores for the side the Team argued
in that Oral Round.
A Team's Total Competition Memorial Raw Score is the sum of
the six (6) scores for its Applicant and Respondent Memorials. This score shall
be used to determine Best Memorial Awards.
10.2.1.2 Oral Raw Scores
In each match, a Team's Total Oral Raw Score is the sum of
the scores of the three (3) judges for each of its two oralists.
10.2.1.3 Total Raw Scores
In each match, a Team's Total Raw Score is the sum of the
Team’s Total Memorial Raw Scores for that match and the Team’s Total Oral Raw
Score for that match. A Team's Total Competition Raw Score is the sum of the
Total Raw Scores from each of its matches.
10.2.2.1 Memorial Round Points
A total of three (3) Round Points may be awarded to memorials
in each Round. The individual Memorial judges' scores for each Team
participating in a round are compared to those of the opposing Team. The
highest score given by a memorial judge for one Team are compared to the
highest score given the other Team, then the next highest, and finally the
lowest. For each comparison, the Team with the higher score is awarded one (1)
Round Point. If in any such comparison the two Teams' scores are equal, each
Team is awarded one‑half (0.5) Round Point.
A total of six (6) Round Points may be awarded for oral
argument scores in each Round. For each judge, the combined score awarded to
each oralist from one Team shall be compared to the combined score awarded to
each oralist from the other Team. For each judge, the higher scoring Team is
awarded two (2) Round Points. If in any such comparison, the two Teams' scores
are equal, each Team is awarded one (1) Round Point.
10.2.2.3 Total Round Points
In each Round, a Team's Total Round Points is the sum of the
Team’s Memorial Round Points and Oral Round Points.
If only two judges score a given Memorial or a given Oral
Round, the Administrator shall create a third score by averaging the scores of
the two judges.
In any given match, the Team receiving the greater of the
nine (9) available Round Points wins the round. If the two Teams each receive
4.5 Round Points, the Team with the higher Total Raw Score wins the Round. If the two Teams have an equal number of
Round Points and an equal Total Raw Score, the match is a draw.
(a) Teams shall
be ranked by number of wins in the Preliminary Rounds, from highest to lowest.
(b) If two or more Teams have the same
number of wins, the Team having the higher Total Competition Raw Score from the
Preliminary Rounds shall be ranked higher.
(c) If two or more Teams have the same
number of wins and the same Total Competition Raw Score, the Team with the
higher Total Competition Round Points from the Preliminary Rounds shall be
ranked higher.
If two or more Teams are tied after application of Rule
10.4.2, and the outcome of the determination does not affect (a) any Team’s
entry into the Advanced Rounds, or (b) the pairing of any Teams in the Advanced
Rounds of the Tournament, the Teams shall be ranked equally.
If, however, further determination is necessary (under either
(a) or (b) above), the rankings shall be accomplished as follows:
(a) If only two
Teams are tied and if the tied Teams have faced each other in the Preliminary
Rounds, the winner of that match shall be ranked higher.
(b) If only two
Teams are tied and the Teams have not faced each other in earlier Rounds, and
time permits, the Administrator may schedule a match between the two Teams,
with the Team with the lower Team number pleading Applicant.
The match shall be conducted according to the scoring Rules for
Preliminary Rounds. The winner of such a Round shall be ranked higher.
If neither of these methods breaks the tie, the Executive
Director shall determine the method for breaking the tie. If the Executive
Director cannot be timely contacted, the Administrator may break the tie,
taking into consideration the interests of the Teams and the Competition as a
whole.
The following scoring procedures and guidelines shall apply
to the Advanced Rounds of applicable Tournaments.
Judges of Advanced Rounds
at each Qualifying Tournament shall make an independent review of the Team
Memorials and oral arguments. Judges may employ a point scoring system of their
individual choice in making their determinations, including the use of the
scoring system from the Preliminary Rounds. The Administrator should provide a
Preliminary Round Oral Scoresheet to the judges to use at their discretion. The
decision regarding the winner of the Round shall be by majority vote of the
judges. No ties are allowed.
Judges should judge the Teams on the overall quality of their
performances, not on the underlying merits of the case. Judges need not give
any particular fixed weight to either Memorials or oral arguments, but should
take into account the Memorials and oral arguments as part of each Team's
performance.
In each match in the International
Run-Off, Octafinal, Quarterfinal and Semifinal Rounds, scoring procedures for
each pairing shall be conducted according to this Rule. Judges must keep secret
from all Teams the exact score in each pairing, and each judge’s determination
in the pairing; only the identity of the winning Team shall be revealed.
(a) Three
(3) judges shall read the Applicant Memorial of the Team arguing Applicant and
the Respondent Memorial of the Team arguing Respondent. The Team whose Memorial
each judge determines is superior will receive one (1) point. If a judge determines that the two Memorials
are of equal quality, each Team will receive one-half (0.5) point. Thus, three
(3) points are allocated by the Memorials judges. Penalties from the
Preliminary Rounds shall not apply in the Advanced Rounds.
(b) Three
(3) judges shall sit for the Oral Round. The Team whose presentation each judge
determines is superior will receive two (2) points. If a judge determines that
the two oral presentations were of equal quality, each Team judge will receive
one (1) point. Thus, six (6) points are allocated by the oral-round judges.
(c) The
winner of the match is the Team with the greater of the nine (9) points
allocated by Memorials and Oral Round judges.
Judges of the World Championship
Jessup Cup Round shall follow the guidelines set out in Rule 10.5.1 for
determining the winner of the World Championship Jessup Cup Round.
Total scores for each oralist in the Tournament shall be
determined by adding the raw scores awarded to that oralist in each Preliminary
Round in which the oralist argued (adjusted for any Penalties assessed against
the oralist), and dividing this sum by the number of Preliminary Rounds in
which the oralist argued.
Oralists shall be ranked from highest to lowest total score.
Ties are permitted. If an oralist argued in only one (1) Preliminary Round, he
or she is ineligible for ranking.
Total Memorial scores for each Team shall be determined by
adding the Total Raw Score of a Team’s Applicant Memorial and the Total Raw
Score of the Respondent Memorial, six (6) total judges’ scores. Team Memorials
shall be ranked from the highest Total Memorial score to the lowest. Ties are
permitted. Scores shall be adjusted for Penalties per Rule 11.0.
After the conclusion of each Tournament, each Team
participating in such Tournament shall receive the following:
(a) a copy of
individual Memorial judges' scoresheets and Penalties, if any, with attendant
comments, if any;
(b) a copy of
individual oral judge's scoresheets and Penalties, if any, with attendant
comments, if any, from Preliminary Rounds of the Tournament ;
(c) a copy of the
Overall Rankings of the Preliminary Rounds of the Tournament, with the Total
accumulated Win‑Loss records, Overall Raw Scores, and Overall Round
Points;
(d) a copy of the
Oralist Rankings from the Preliminary Rounds of the Tournament;
(e) a copy of the
Memorial Rankings from the Preliminary Rounds of the Tournament; and
(f) a summary of
the Advanced Rounds of the Tournament.
Memorials Penalties may be imposed by the Administrator and
shall be deducted from each of the individual judges' scores on a Team’s
Memorial. In the event that a Memorial is scored by only two (2) judges under
Rule 10.3 et seq., Penalties shall be deducted from each of the two (2) judge's
scores prior to calculating the third score. Provided, however, that the
minimum adjusted raw score that any Team may receive from any individual
Memorial judge is fifty (50) points. No further reduction may be made to scores
after the minimum score is reached, regardless of unallocated Penalty points
remaining.
In instances where only one Memorial is in violation of the
Rule, Memorial Penalties may be deducted from the scores of the offending
Memorial only.
The Administrator shall notify all affected Teams of imposed
Penalties prior to the first Preliminary Round, and shall include with such
notification a reasonable deadline for any appeals from the decision to impose
Penalties. A Team may appeal any Penalty imposed against its Memorials in
writing to the Administrator. The Executive Director shall decide upon the
validity of any appeal from the imposition of a Penalty by the Administrator.
No further appeal is available from this appellate decision of the Executive
Director.
Penalties shall be assessed for violations of other Rules
concerning the Memorials by reference to the following table:
Rule Number Summary Penalty
6.1 Tardiness in submitting
Memorials 15 points (plus
3 points per day after one day)
6.2 Use
of incorrect font or font-size, use of 3
points per violating page, up to a total of 15 points
font of inconsistent size, improper
line
spacing, or improper format of block
quotations
6.3.1 Failure to include all parts of
Memorial, or 5 points for each part
inclusion
of an unenumerated part
6.3.2 Substantive legal argument
outside of 5 points (one-time penalty)
approved
sections of Memorial
6.3.3 Improperly formatted Index of
Authorities 2 points (one-time penalty)
6.4(a) Excessive length: Pleadings 15
points (one-time penalty)
6.4(b) Excessive length: Summary of Pleadings 2 points (one-time penalty)
6.4(c) Excessive length: Statement of Facts 2 points (one-time penalty)
6.6.1 or 6.6.2 Failure to include necessary information 2 points (one-time penalty)
on
Memorial cover
6.7 Violation of anonymity 10 points
(one-time penalty)
The Administrator shall impose an
Oral Round Penalty only when he is satisfied that an event subject to such
Penalty has occurred, if necessary after consultation with the judges, bailiff,
Teams and spectators.
If a Team believes that an infraction of the Rules has
occurred during an Oral Round, the Team may notify the bailiff in writing
within five (5) minutes of the conclusion of that Oral Round. If there is no
bailiff, Teams must approach the Administrator with complaints. Written
notification shall clearly describe the violation and the parties involved in
the violation. The Team shall not directly approach the judges regarding a
violation of these Rules. Failure by any
Team to follow the procedures described in this paragraph shall result in a
waiver of the Team’s complaint.
If one or more judges feel believe an infraction has occurred
during an Oral Round, he shall notify the bailiff orally or in writing within
five (5) minutes of the completion of the Oral Round. When possible, the matter
should be brought to the bailiff outside of the attention of the other judges.
Penalty points may be deducted only by the Administrator. In
no instance shall judges themselves deduct from the scores of the oralists any
Penalty points. Judges shall score the Oral Round as if no violation occurred.
Rule Summary Penalty
7.6 Improper
courtroom communications 10 points
7.7.1 Scouting
See Rule 7.6.1 for description of penalty.
7.10 Violation of
anonymity in courtroom 15 points
In addition to the Penalties listed in Rule 11.2.3, the
Administrator may assess up to fifteen (15) point Penalties for other violations
of the letter or spirit of these Rules. The size of the Penalty shall
correspond to the degree of the violation in the judgment of the Administrator.
Discretionary Penalties shall be imposed only by the Administrator.
Such violations may include:
- engaging in
poor sportsmanship;
- submitting
multiple frivolous complaints against other Teams;
- engaging in
inappropriate behavior at the counsel table during the Oral Rounds;
- exhibiting
blatant disregard for the procedures or requirements outlined in the Rules.
The Administrator shall notify Teams of his decision
regarding imposition of any Oral Round Penalty as soon as practicable. Along
with the decision, the Administrator shall set a reasonable deadline by which
either Team may appeal the decision. If
an appeal is submitted, the Administrator shall consult with the Executive
Director in resolving the appeal. The Executive Director's decision, if any, on
all appeals is final.
The Administrator may waive or reduce the penalty for a de
minimis Rule violation.
The Executive Director may promulgate
such other measures for the orderly conduct of the Competition or to correct
deficiencies in the Competition. Administrators may, in consultation with and
upon approval of the Executive Director, promulgate such other measures for the
orderly conduct of the Qualifying Tournament.
Modifications shall not violate the spirit of these Rules or the best interests
of the Competition.
The Team that wins the Jessup Cup
World Championship Jessup Round will receive two (2) awards: a trophy to keep,
and the Shearman & Sterling World Championship Jessup Cup to hold in trust
for one year at its school. Such Team shall take full responsibility for the
safety of the Jessup Cup while it is in their custody and is responsible for
returning the Jessup Cup in polished condition to the Executive Director prior
to the next year's International Tournament.
The Memorials of the Team with the highest Total Memorial Raw
Score in any Qualifying Tournament shall be entered, without further action by
the Team, to compete in the Hardy C. Dillard Award Competition.
Entries in the Dillard Competition shall be scored by a new
panel of three (3) judges. The Hardy C. Dillard Award will be presented to the
five (5) highest raw Memorial scores, unadjusted for penalties.
The Alona E. Evans Award is presented to the Teams with the
five (5) highest Total Memorials Scores in the International Tournament.
Memorials of Teams that receive the Alona E. Evans Award or
the Hardy C. Dillard Award are entered into the Richard Baxter Award
Competition. Entries in the Baxter Competition is scored by a new panel of
three (3) judges.
There are two (2) Baxter Awards: one (1) for the Best Overall
Applicant Memorial and one (1) for the Best Overall Respondent Memorial. The
Best Applicant and Best Respondent Memorials shall be declared winners of the
award. Baxter Award-winning Memorials shall be published in the corresponding
year’s issue of the ILSA Journal of
International & Comparative Law.
.The Spirit of the Jessup Award was
created in 1996 to recognize the Team that best exemplifies the Jessup spirit
of camaraderie, academic excellence, competitiveness, and appreciation of
fellow competitors. The winner is selected by vote of the Teams at the
International Tournament or by the Executive Director after consultation with
the Teams.
In each Tournament, the Administrator shall make arrangement
for appropriate recognition of Teams that receive the top Total Memorial
Scores, highest ranked oralists, and Teams that advance to the Advanced Rounds.