
THE OFFICIAL RULES
OF
THE 2009 PHILIP C. JESSUP INTERNATIONAL LAW
MOOT COURT COMPETITION

The International Law Students Association,
Seeking to educate students and lawyers around the world
about the principles and significance of international law,
Encouraging the development of professional skills in written
and oral advocacy,
Promoting the social responsibility of law students and
lawyers,
Striving to foster international understanding and
cooperation,
Being committed to achieving these goals in an
environment of mutual respect among all of the individuals and teams involved;
Celebrating the diversity of the nations and cultures brought
together in the global event that is the Jessup Competition;
Calling upon everyone engaged in the Jessup Competition to
abide by the Official Rules of the Competition, the rules of any institution
hosting a Competition event, and the laws of the host jurisdiction,
Adopts the following Official Rules of the Competition by
resolution of the Board of Directors:
TABLE OF CONTENTS
OFFICIAL RULE
1.0 ORGANIZATION OF THE COMPETITION
1.2 Structure 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 Executive Director’s Discretion
2.3.1 Selection by Intramural Competitions
2.3.2 Nationality Requirements
2.4 Outside Assistance to Teams
2.4.2 Penalty for Receiving Outside Assistance
2.4.3 Assistance from Team Advisors
2.4.4 Assistance from Other Teams
2.5 Confidentiality of the Bench Memorandum
2.6 Use of Opposing Team's Memorials and
Arguments
2.7 Problem Clarifications and Corrections
OFFICIAL RULE
3.0 TEAM REGISTRATION
3.2 Waiver of Registration Fee
3.5 Team Number as Identification
3.6 Changes to Registration Information
5.3 Judges Affiliated with Schools in the
Competition
6.1.1 Memorials Submitted in Languages Other
Than English
6.2.6 Advanced Features of Microsoft Word
6.3.5 Summary of the Pleadings
6.3.6 Legal Argument Limited to Pleadings
OFFICIAL RULE
7.0 ORAL ROUND 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 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
9.3.4 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
Shearman & Sterling 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
12.2 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 appointed 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"
means the side of the Team which argues on behalf of the Applicant state at any
given point in the Competition.
"Bench
Memorandum" means the memorandum of laws and authorities concerning
the Competition Problem prepared by the ILSA Executive Office for the exclusive
use of Competition judges, as described in Rules 2.5, 5.5 and 5.6.
"Competition"
means the 2008 Philip C. Jessup International Law Moot Court Competition.
"Competition
Problem" means the official Compromis of the Competition as
supplemented, clarified, or corrected by the ILSA Executive Office.
"Executive
Director" means the Executive Director of the International Law
Students Association.
“Exhibition
Team” means a Team that is invited to participate in the International
Tournament, but that is not eligible to win the Jessup Cup or the other awards
associated with the International Tournament.
“ILSA Executive Office” means the
executive office 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 a set of rules promulgated by an Administrator
to supplement or modify the Official Rules for purposes of a Qualifying
Tournament. .
"Official Schedule" means the
official timetable of the Competition, setting forth all relevant events and
deadlines associated with 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.
"Penalty"
means the consequence of a rule violation, whether disqualification or the
deduction of raw points pursuant to Rule 11.0.
"Problem
Clarifications and Corrections" means the official clarifications and
corrections to the Compromis, as published pursuant to Rule 2.7.
"Qualifying Tournament"
means any Tournament administered with the approval of the ILSA Executive
Office through which a nation determines the Team(s) that will advance to the
International Tournament.
"Representative,"
"National Representative," or" Regional Representative"
means a Team selected to represent their nation at the International
Tournament, whether by Qualifying Tournaments or by other means.
"Respondent"
means the side of the Team which argues on behalf of the Respondent state at
any given point in the Competition.
"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.
“Team Advisor” means an
individual, such as a coach or other advisor, who at any time during the
competition year has responsibility for organizing, advising, or training a
Team, whether or not a member of the faculty of the institution represented by
the Team.
“Team Member” means any
eligible student who is or will be registered as a competitor of a Team by the
deadline provided in the Official Schedule.
"Tournament" means a
competitive level of the Competition.
The Competition is presented annually by the
International Law Students Association (ILSA). The Competition is administered
by the Executive Director of ILSA. 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 and the Competition Problem 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 level of the Competition, designated as the Shearman & Sterling
International Rounds, and includes Preliminary Rounds, Advanced Rounds, and the
World Championship Shearman & Sterling Jessup Cup Round. Each Tournament
consists of written pleadings (Memorials) and oral pleadings (Oral Rounds).
(b) The Executive Director will determine the exact number of
Teams participating in the International Tournament and the 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 where only one Team registers, that Team is the National Representative
to the International Tournament.
If more than one Team registers
from a particular nation or jurisdiction, the Executive Director will inform
all such Teams of the name and contact information of the Administrator of
their Qualifying Tournament. The
National Representative(s) to the International Tournament will be designated
subject to Rule 1.2(b).
(a) 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.
(b) An
Administrator may not serve as a Team Advisor 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.
(a) The ILSA Executive Office encourages
all Administrators to formulate a National Rules Supplement for their
Qualifying Tournaments.
(b) National Rules Supplements must be
submitted to and approved by the ILSA Executive Office before they may be
adopted and enforced by an Administrator. An Administrator shall submit a
National Rules Supplement to the ILSA Executive Office for approval as soon as practicable but no later than two
weeks prior to the commencement of the Qualifying Tournament, unless the
National Rules Supplement modifies the memorial submission procedure, in which
case no later than two weeks prior to the memorial submission deadline
indicated in the Official Schedule.
(c) Upon approval of a National Rules
Supplement, the ILSA Executive Office shall make public on the Jessup
website that National Rules Supplement, and the Administrator
shall immediately notify every affected team that a National Rules
Supplement has been approved and adopted.
(d) An Administrator must submit a National
Rules Supplement for approval by the ILSA Executive Office if:
(i) the
Administrator intends to introduce additional rules or otherwise modify the
Official Rules, taking into consideration the needs of the Qualifying
Tournament and the best interests of the Competition;
(ii)
the Administrator expects more than 15 teams to participate in the Qualifying
Tournament; or
(iii)
the ILSA Executive Office requests the Administrator to adopt a National Rules
Supplement.
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, law faculties, and institutions with international
law‑related degree programs are eligible to participate in the
Competition. All determinations of
eligibility are in the discretion of the Executive Director. In certain exceptional cases, the Executive
Director, in consultation with the relevant Administrator, may grant
eligibility to institutions with degree programs in international relations,
provided that adequate instruction in international law will be available to
the Team.
(b) 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 one of the following conditions is
met: (i) 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 (ii) the Teams represent different
colleges, faculties, branches, departments,
or campuses of the same school and will be participating independently of each
other.
(c) Teams which have outstanding debts for fees or other
Competition obligations (including the United States hosting obligation as
described in the United States National Supplement) are not eligible to compete
in the following year's Competition until such fees have been paid or
obligations have been satisfied.
(d) 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 another Team's Memorial without
authorization under these Rules (Official Rule 2.6) will be disqualified from
the Competition.
A Team may
be composed of two to five Team Members. No more than five individuals may contribute
to the work product of the Team over the course of the competition year. The
competition year begins on the date of the release of the official Compromis
and ends at the conclusion of the International Tournament. Substitutions of
Team Members are not permitted after the release of the official Compromis except
in extenuating circumstances and only with the written permission of the
Executive Director.
A
person may be a Team Member if he or she:
(a) is pursuing a law degree or an international law-related
degree; and
(b) is enrolled at an eligible institution as a full-time or
part-time student during the relevant academic year and plans to participate in
the Competition on behalf of that institution; and
(c) has not engaged in the practice of law in any jurisdiction
after graduating from any type of law degree program.
In
addition to satisfying Rule 2.2.1, a person must additionally obtain the
written permission of the Executive Director to be a Team Member if the person:
(a) is enrolled as a visiting or exchange student rather than as a
degree candidate, or is otherwise enrolled at more than one institution;
(b) is serving as an extern or apprentice; or
(c) is enrolled in a program of study leading to or has already
received a Masters of Law degree (LL.M.), a Doctor of Laws degree (e.g., Ph.D.,
D.Phil.), or a similar advanced law degree.
The
Executive Director shall have the discretion to grant or deny eligibility in
certain exceptional circumstances notwithstanding the provisions of Rule 2.2,
but shall do so only in accord with the spirit of these Rules and in the best
interests of the Competition.
Team Members
may be chosen by any method approved by the responsible authority within the
school, subject to the following provisions:
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.
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 the approved National Rules Supplement, in
accordance with these Rules.
Each Team
must research, write, edit, and develop its own legal and factual arguments
without the assistance of persons who are not members of the Team.
Any
Team which receives outside assistance will be disqualified from the
Competition.
As a
general principle, a Team shall have no greater number of Team Advisors than is
necessary to adequately prepare the Team for fair competition. Notwithstanding
the provisions of Rule 2.4.1, Team Advisors may provide advice to a Team,
provided such advice is limited to:
(a)
general instruction on the basic principles of
international law;
(b)
general advice on research sources and methods;
(c)
general advice on memorial writing techniques;
(d)
general advice on oral advocacy techniques;
(e)
general advice on the organization and structure
of arguments in the Team’s written and oral pleadings;
(f)
general commentary on the quality of the Team’s
legal and factual arguments;
(g)
advice on the interpretation and enforcement of
these Rules; and
(h)
advice as to pleading option or similar
strategy.
Team
Members and Team Advisors from any Team, including Teams that have been
eliminated from the Competition, may not provide assistance in any way to any
other Team. Assistance hereby prohibited includes, but is not limited to,
giving the Team's notes or Memorials to an advancing Team, engaging in practice
moots against an advancing Team, and providing video or audio tapes of previous
rounds, whether practice rounds or competitive tournament rounds, to an
advancing Team. In certain circumstances, the Executive Director may allow for
assistance if deemed to be in the best interests of the Competition.
Unless prior approval is granted in writing by the
Executive Director, Team Members may not participate or be enrolled in a class
or course which uses the current year’s Competition Problem as a subject matter
of instruction, as a teaching tool, or as a means for selecting Team Members.
No approval is necessary if student enrolment in the course is limited to Team Members.
In any case, even when approval is
unnecessary or has been granted by the Executive Director, Team Members must
comply with the other provisions of Official Rule 2.4 regarding outside assistance.
Students enrolled in a Jessup course who are not selected to be Team Members
may not share or discuss their work with Team Members, and any such work must
be discarded.
(a) Teams may organize "practice
rounds" of oral pleadings involving the Competition Problem to prepare the
Team for competition. In practice
rounds, the persons presenting arguments for the applicants and respondents
must be from the same Team.
(b) Registered Team Advisors may serve as
judges in practice rounds held at any time provided they abide by the
provisions of Rule 2.4.3 with respect to the permissible advice which can be
given to the Team.
(c) Anyone
who is not a registered Team Member or registered Team Advisor may not serve as
a judge in practice rounds unless they:
(i)
do so only after the submission of Memorials;
(ii) are not
formally affiliated with any other Team in the Competition;
(iii) abide
by the provisions of Rule 2.5 with respect to the confidentiality of the bench
memorandum;
(iv) confine
their comments and feedback to general commentary on the advocacy style and
technique of the speakers, and to commentary respecting the general rules of
international law; and
(v) refrain
from making commentary or suggestions about specific substantive arguments.
(a) The Bench Memorandum is strictly
confidential. The Executive Director will disqualify any Team which makes use
of the Bench Memorandum. Teams who obtain a copy of the Bench Memorandum should
immediately return it to the Executive Director without examining the contents.
(b) The Bench Memorandum may not be used at
practice rounds or any other event that is not an official Qualifying
Tournament or the International Tournament.
(c) Individuals who have obtained access
to the Bench Memorandum may not judge practice rounds.
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. A team may incorporate
arguments and other information from the Memorials and Oral Rounds of other
Teams which the Team is authorized to view under this Rule.
Teams
may request clarification and correction to the Compromis by submitting a
written request to the ILSA Executive Office by the date in the Official Schedule.
Based upon the requests received from all Teams, the ILSA Executive Office will
publish Problem Clarifications and Corrections on the date in the Official Schedule.
Each Team must ensure that it receives and adequately notes the Problem
Clarifications and Corrections 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 register with
the ILSA Executive Office by completing a registration form and paying the
appropriate registration fee by the registration deadline in the Official Schedule.
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 apply for a waiver or discount from the ILSA Executive
Office. The Executive Director will grant waivers in exceptional circumstances
only.
Every student who has
contributed to the work product of the Team must be registered as a Team
Member. It is the responsibility of the Team to ensure that students are
eligible under the provisions of Rule 2.0 before they begin work on the
Competition. To register, the name of each Team Member and the degree program
in which each Team Member is enrolled must be submitted to the ILSA Executive
Office via the online registration form or separately via email to jessup@ilsa.org
by the deadline in the Official Schedule.
The
name of each Team Advisor for a Team must be registered with the ILSA Executive
Office by the registration deadline in the Official Schedule. An individual sitting only as a practice
round judge pursuant to Rule 2.4.6(c), whether or not a member of the faculty
of the institution represented by the Team, need not register as a Team
Advisor.
Once a Team has completed
registration, the Executive Director will assign the Team a team number.
Teams must promptly notify the
ILSA Executive Office of any changes or additions to registration
information. This includes changes to the
composition of the Team, the addition of Team Advisors, or changes to contact
or mailing information. This reporting obligation continues throughout the
course of the competition year until the Team has been eliminated from the
Competition.
NOTE: In accordance with Rule 2.2, no more than five
individuals may contribute to the work product of the Team over the course of
the competition year. The competition
year begins on the date of the release of the official Compromis and ends at
the conclusion of the International Tournament. Additional Team Members may be
added before the registration deadline in the Official Schedule if the maximum
of five Team Members has not yet been reached. Team Members may not be
substituted at any time after the release of the official Compromis except in
extenuating circumstances and only with the written permission of the Executive
Director.
The
Executive Director, or the Administrator in consultation with the Executive
Director, will determine the eligibility of persons 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 Advisors,
or other persons directly affiliated with a Team, may not act as judges in any
Tournament until the Team they advise 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 primary language used
by the Team Members in their legal studies is English, the judge may request
the Executive Director to reveal this information.
(a) 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 of this Rule.
(b) 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.
(c) 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 commencement 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 the contents of the Bench Memorandum.
(a) Each Team participating in the Competition must prepare one
Applicant and one Respondent Memorial.
(b) Unless otherwise specified in an applicable National
Supplement, the Team must send its Applicant and Respondent Memorials via
e-mail to the ILSA Executive Office at jessup@ilsa.org, and to the
Administrator, if any, at the e-mail address provided by the Administrator, no
later than 11:59 p.m., university's local time, on the date specified in the
Official Schedule. Submission must occur
in a single e-mail message addressed to the ILSA Executive Office and the
Administrator with both Memorials attached.
If one of the Memorials will be submitted late, a Team may separately
send the timely Memorial before the deadline without penalty.
(c) If a Team is unable to send its Memorials by electronic
mail in the manner described above due to technological limitations, the Team
must notify the ILSA Executive Office as soon as possible before the deadline. The
ILSA Executive Office may impose different requirements for the delivery of
that Team's Memorials.
(d) All electronic and paper copy versions (if any) submitted to
the ILSA Executive Office, the Administrator, or any other person must be
identical.
(e) Once Memorials have been submitted to the ILSA Executive
Office, whether or not the memorial deadline has expired, resubmitted Memorials
will be subject to a five (5) point penalty.
If resubmitted after the memorial deadline has expired, resubmitted
memorials will also be subject to applicable late penalties.
(f) Equipment failure or problems will not
be considered an excuse for improper formatting or late mailing of Memorials.
If permitted by an applicable
National Rules Supplement, Teams may submit Memorials for Qualifying
Tournaments in languages other than English. Teams must send such Memorials to
the ILSA Executive Office in the original language via electronic mail on or
before the deadline indicated in the Official Schedule. Memorials of such Teams
advancing to the International Tournament must be translated into English and
submitted to the ILSA Executive Office via electronic mail no later than three
(3) weeks prior to the start of the International Preliminary Rounds. Such Memorials must otherwise conform to the
required format outlined in these Rules. The translation of Memorials must be,
to the greatest extent possible, verbatim translations of the originally
submitted Memorials. Translated Memorials must be accompanied by a certificate
from the translators stating that the contents of the Memorials were not
revised, updated, or otherwise altered in the translation process. The Executive
Director may disqualify any Team that alters the substantive content of its
Memorial(s) during translation.
All parts of each Memorial must be contained in
a single file. Memorials must be in
Microsoft Word 2003 or Microsoft Word 2007 format.
All pages of the Memorial must
be letter size, 8.5 x 11 inches (21.6 x 27.9 cm), with equal margins of at
least one inch (2.54 cm) on all four sides. The ILSA Executive Office and
Administrator may reformat a Memorial that does not comply with this rule. Teams are advised that such reformatting may
result in changes to pagination and layout.
Administrators in jurisdictions
where letter is the standard paper size must print Memorials on letter size
paper for their Qualifying Tournament. Administrators
in jurisdictions where A4 is the standard paper size may print Memorials on letter
size or A4 size paper for their Qualifying Tournament. However, the document settings in Rule 6.2.2
for paper size and margins must not change.
The font and size of the text
of all parts of the Memorial, excluding the Cover Page but including the
footnotes, must be the same and must be in Times New Roman 12-point or larger
type, or in Courier 10-point or larger type.
The text of all parts of the Memorial,
excluding the Cover Page, Table of Contents, and Index of Authorities, must be
double-spaced. The text of footnotes may be single-spaced, but there must be
double-spacing between separate footnotes. The text of headings may be
single-spaced, but there must be double spacing 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 may be block quoted (i.e. right and
left indented) and may be single-spaced.
Teams that take advantage of advanced features of Microsoft
Word – including Track Changes and Comments - while drafting their Memorials
are responsible for understanding how those advanced features work. A Memorial with
tracked changes that have not been properly accepted or comments that have not
been properly removed prior to submission will be assessed a five (5)
point penalty, and Administrators shall accept any tracked changes and remove
any comments found in an affected Memorial before submitting it to judges.
The Memorial must contain the following parts,
and only the following parts:
(a)
Cover Page;
(b)
Table of Contents;
(c)
Index of Authorities;
(d)
Statement of Jurisdiction;
(e)
Questions Presented;
(f)
Statement of Facts;
(g)
Summary of Pleadings; and
(h)
Pleadings (including Conclusion/Prayer for
Relief).
The front cover of each
Memorial must have the following information:
(a) the Team number in the upper
right-hand corner followed by “A” if an
Applicant Memorial or “R” if a
Respondent Memorial (e.g., Team Number 123 would put “123A” in the top right
hand corner of the front cover of its Applicant Memorial);
(b) the name of the court (i.e.,
“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
Index of Authorities must list all legal authorities cited in any part of the
Memorial and must indicate 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 Facts should be limited to the stipulated facts and
necessary inferences from the Competition Problem. The Statement of Facts should
not include unsupported facts, distortions of stated facts, argumentative
statements, or legal conclusions. The Competition
Problem 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 of the
Memorial, rather than a simple reproduction of the headings contained in the
Pleadings.
Substantive, affirmative legal
argument or legal interpretation of the facts of the Competition Problem may
only be presented in the "Pleadings" part of the Memorial. Summaries of such arguments may be included
in the Questions Presented and the Summary of Pleadings.
The word count shall be
conducted using the standard "Word Count" feature in Microsoft Word
2003 or Microsoft Word 2007.
(a) The total length of the Pleadings, including
the Conclusion/Prayer for Relief and any associated footnotes, must be no
longer than 9,000 words.
(b) The Summary of Pleadings must be no longer than
700 words.
(c) The Statement of Facts must be no longer
than 1,200 words.
(a) Footnotes must be used to identify the source of statements
or propositions made in the body of the Memorial. Endnotes are not permitted. Footnotes
may not include substantive pleadings, examples, or any text other than the
citation itself. Footnotes are included in the word limit of Rule 6.4.
(b) Inclusion of text other than the actual citation in a
footnote is a violation of Rule 6.3.6.
Example
of a proper footnote: Certain Norwegian Loans (Fr. v. Nor.), 1957
I.C.J. 9, 23-24 (July 6) [hereinafter Norwegian Loans].
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).
Citations
appearing in the Index of Authorities and footnotes of the Memorial 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.
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.
Oralists asked to further expand upon arguments may, in this instance, argue for
more than the twenty‑five (25) minute individual limit.
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 Oral 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).
Once an oralist has completed his or her main pleading, that oralist may not
make any additional argument except for rebuttal or surrebuttal. This applies
irrespective of whether the pleading Team uses all of the time it has allocated
for the main pleading. Further, any time that is not used in the main pleading
may not be used to extend the time allocated to rebuttal or surrebuttal.
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
rebuttal or surrebuttal must be delivered by one of the two oralists
participating in the Oral Round. 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 the scope of rebuttal or surrebuttal.
(a) 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 pleadings, which are 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 their scheduled
Round forfeits all six (6) of the Round's Oral Round Points.
(b) 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 between Team Members shall be in writing to prevent disruption. Teams and
team-affiliated spectators 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 between
any combination of the following parties: judges, the oralist, Team Members
seated at the counsel table, or spectators (including Team Members seated in
the audience).
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 the
Preliminary Rounds. The presence of Team Advisors or other spectators
affiliated with the Team is permitted in the courtroom during an Oral Round in
which the Team is competing. Teams are responsible for ensuring that their
spectators do not engage in any disruptive behavior.
(a) 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.
(b) 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.
(c) 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.
(d) 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 their National Rules Supplements.
(a) A Team wishing to present its oral pleadings at the
International Tournament in a language other than English must arrange to have
their oral pleadings interpreted 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.
(b) 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 shall 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 forfeiture
of all six (6) of the Oral Round Points for that Oral Round.
No audio taping or videotaping
of oral pleadings is permitted without the advance permission of the entire
panel of judges, the two (2) participating Teams and either the Administrator
or the Executive Director. In no circumstances are participating Teams
permitted to view or listen to any video or audio tape until after the
completion of the Tournament in which the taped Oral Round occurred. ILSA
reserves all rights to the audio taping and videotaping, or any other form of audio
or visual reproduction, of any Oral Round or part thereof. All Teams
participating in the World Championship Shearman & Sterling Jessup Cup
Round will be deemed to have consented to the taping and broadcasting of that
Oral Round.
During an Oral Round,
participants may not indicate their country or school of origin to the judges,
bailiff, or timekeeper. Participants
must not reveal 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. For the purposes of this
rule, the term “participants” includes Team Members, Team Advisors, and spectators
affiliated with the Team.
During an Oral Round, oralists
at the podium and participants seated at counsel table may not operate, for any
purpose, mobile phones, laptop computers, PDAs, or any other computing or
electronic devices, particularly those which are internet enabled or have
instant messaging capabilities. All such devices, including mobile phones, must
be turned off and remain out of sight at all times in the courtroom. A Team that violates this Rule forfeits up to
six (6) Oral Round Points. The
Administrator shall determine a penalty that corresponds to the severity of the
violation.
The use of digital watches by
the oralist at the podium or Team Members at the counsel table is prohibited as
a violation of Rule 7.11. The use of
analog wristwatches and stopwatches is allowed.
The only official time of the match is the time indicated by the
bailiff. No one other than the bailiff
may display timecards or otherwise signal to the oralist how much time is left.
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. If four (4)
or fewer Teams are participating in a Qualifying Tournament, the Executive
Director may permit fewer rounds, and the Administrator shall work with the
Executive Director to decide an appropriate match schedule, pairing procedure,
and scoring system. 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. Pairings
and Memorials of opposing Teams will be distributed to Teams on or prior to the
first day of the Qualifying Tournament. 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 at
the very least fifteen (15) minutes prior to the start of the newly paired
round.
If sixteen (16) or more 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").
(a) 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.
(b) 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 Champion.
(a) Prior to the commencement of the Advanced Rounds, each competing
Team will be given its completed master Team scoresheet from the Preliminary
Rounds, but not individual judges' scoresheets or notes.
(b) 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."
(c) The Administrator shall choose one of the following three
methods to determine the pleading option for a Championship Round:
(i) Drawing from a Container: A designated Team Member of the higher ranking
Team from the Preliminary Rounds will select a piece of paper from a container
(e.g., a hat, bag, or box). The pieces
of paper will say either “Yes” or “No”, and there shall be an equal number of
pieces marked “Yes” and “No” from which to choose. If the Team Member selects a piece of paper
which says “Yes,” then his or her Team will have the pleading option. If the Team Member selects a piece of paper
which says “No,” then the opposing Team will have the pleading option; or
(ii) Rolling a Die: A designated Team Member of the higher ranking
Team from the Preliminary Rounds will roll a 6-sided die. If the Team Member rolls an even number
(i.e., 2, 4, or 6), then his or her Team will have the pleading option. If the number rolled is odd (i.e., 1, 3, or
5), then the opposing Team will have the pleading option; or
(iii) Tossing a Coin: A designated Team Member of the higher ranking
Team from the Preliminary Rounds will call the toss, and the Administrator will
toss the coin. If the Team Member correctly
calls the toss, then his or her Team will have the pleading option. If that Team Member does not correctly call
the toss, then the opposing Team will have the pleading option.
(d) The Team with the pleading option 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 the 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.
(e) Once the sides have been determined, 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.
(a) 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.
(b) Pairings for the International Tournament and the Memorials
of opposing Teams will be distributed to Teams on or prior to the first day of
the International Tournament.
(c) 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 Shearman &
Sterling 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 International 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 Shearman &
Sterling 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 next 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.
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.
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 Semifinal Rounds, those two
Teams shall be paired against one another.
All Teams not affected by this qualification shall then be paired
according to the General Pairing Rule, discounting those two Teams.
(b) If four (4) Teams from a given nation advance to the
Quarterfinal 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. All Teams not affected by this qualification
shall then be paired according to the General Pairing Rule, discounting those
two Teams.
(c) If three (3) Teams from a given nation advance to the
Quarterfinal 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, including the first-ranked
Team from such nation, shall then be paired according to the General Pairing
Rule.
(d) If six (6) Teams from a given nation advance to the
Octafinal Rounds, the third-ranked Team from such nation shall be paired
against the sixth-ranked Team, and the fourth-ranked Team shall be paired
against the fifth-ranked Team. All Teams not affected by this qualification,
including the first- and second-ranked Teams from such nation, shall then be
paired according to the General Pairing Rule.
(e) If five (5) Teams from a given nation advance to (or
qualify for) the Octafinal Rounds, then the fourth-ranked Team from such nation
shall be paired against the fifth-ranked Team. All Teams not affected by this
qualification, including the first-, second- and third-ranked Teams from such
nation, shall then be paired according to the General Pairing Rule.
(a) Prior to the commencement of the International Advanced
Rounds, the Executive Director will give each competing Team a copy of its
completed Team master scoresheet.
(b) The Administrator shall choose one of the following three
methods for determining which team in each pairing will have the pleading
option:
(i) Drawing from a Container: A designated Team Member of the higher ranking
Team from the Preliminary Rounds will select a piece of paper from a container
(e.g., a hat, bag, or box). The pieces
of paper will say either “Yes” or “No”, and there shall be an equal number of
pieces marked “Yes” and “No” from which to choose. If the Team Member selects a piece of paper
which says “Yes,” then his or her Team will have the pleading option. If the Team Member selects a piece of paper
which says “No,” then the opposing Team will have the pleading option; or
(ii) Rolling a Die: A designated Team Member of the higher ranking
Team from the Preliminary Rounds will roll a 6-sided die. If the Team Member rolls an even number
(i.e., 2, 4, or 6), then his or her Team will have the pleading option. If the number rolled is odd (i.e., 1, 3, or
5), then the opposing Team will have the pleading option; or
(iii) Tossing a Coin: A designated Team Member of the higher ranking
Team from the Preliminary Rounds will call the toss, and the Administrator will
toss the coin. If the Team Member
correctly calls the toss, then his or her Team will have the pleading option. If that Team Member does not correctly call
the toss, then the opposing Team will have the pleading option.
(c) The Team with the pleading option 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 shall argue
Applicant and the lower-ranked Team shall argue Respondent.
(d) Once the sides have been determined, the Executive Director
will 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.
Judges
should judge the Teams on the overall quality of their performances, not on the
underlying merits of the case.
(a) Scoring of the Preliminary Rounds shall consist of two
parts: the scoring of the written Memorials, and the scoring of the Oral
Rounds.
(b) 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.
(c) 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