Mock trials are usually based on cases involving emerging or unsettled areas of law.

Transcription

1 12th ALL INDIA MOOT COURT COMPETI TION 2014 R ULES Introduction Mock trials are usually based on cases involving emerging or unsettled areas of law. I Aim and Purpose To expose students pursuing the Company Secretaryship Course to the nuances of court system in India and to hone advocacy skills. To give practical/ handsome exposure to students of ICSI to hone their skills for appearance before the Quasi Judicial Bodies & the Regulators as per the Laws applicable in India & more particularly in the context of the Companies Act, To provide a real-life experience cum training in doing cutting-edge research, presenting ground breaking arguments (oral and written) and contributing to the development of jurisprudence in the concerned area of laws. II Subject, Venue and Date The ICSI 12th All India Moot Court 2014 will be held in three stages- Chapter, Regional and National Level as per schedule below. The case for the competition will be available at the local chapters. Subject Chapter Level * Regional Level Last date of Submission of Application for Participation Last date to organize the Event Venue 10th September, th September, 2014 To be decided by the Chapter/Region 19th September, th September, 2014 To be decided by the Region National Level 21st September, th September, 2014 at Hyderabad The Institute of Company secretaries of India, /5 Anand Nagar Colony, Khiaratabad, Hyderabad * One winning team of each Regional Round will qualify for the National Level Round. Respective Chapter where the participants are registered as students shall make arrangements for travel for the Regional Level Round. III. Dress code: Gentlemen : Western formals, i.e., white shirt, black trousers and tie. Ladies: Indian formals, i.e., white sari or salwar-kurta, or western formals, i.e., white shirt, black trousers. 1

2 IV. Language: The language of the competition will be English. Team Composition: Each team shall consist of 2 Students (1 as Petitioner & 1 as Respondent). V. Registration : Teams must register with the respective Chapter / the Region as per schedule given in Clause II with Registration Form as per dates mentioned above. VI. National Round: Maximum Four teams from four regions (one winning team from each region) will be admitted in the National Round. VII. Memorials: The following requirements must be strictly met for each level. Non-conformities will be penalized: Each team must prepare memorials (Petition, Reply, Rejoinder & Written Notes) for both sides, i.e, (Petitioner and Respondent). Once the memorials are submitted, no revisions, supplements, or additions will be allowed. 3 (three) copies each of the memorials for Petitioner & Respondent + a soft copy to be submitted to the respective Chapter / Region in Charge before the two days of commencement of event. Both memorials should be copied in a single CD. Late submission of memorials will not be allowed. Memorials must be submitted typed on A4 page in the following format: Table of contents Index of authorities Statement of jurisdiction Statement of facts (1 page only, submissions of an argumentative statement of facts would attract penalties) Statement of issues Summary of arguments Arguments: Not more than 10,000 words (including footnotes) Prayer Memorials must have a 1 inch margin on all sides of each page. Font size should be 12 and double-spaced. Footnotes must be in font size 10, single-spaced and double-space left between 2 foot notes. Page numbering should be on the bottom middle side of each page. The first page of memorials must state the following: The title of the case Identify brief as Petitioner or Respondent. Memorial should be printed out on both sides of the page. Memorials for the Petitioners should have a red covering sheet and that for the respondents should have a blue covering sheet. 2

3 Memorials should be eight spiral bound or stitched in book form. Memorials should only come from the id given in the registration form VII Round In each oral round a team will be represented by 2 speakers who will present arguments and do the rebuttals / sur-rebuttals all within the prescribed time limit of that respective round. Teams will not be allowed to observe the orals of any other team(s). Any team can file a written complaint with the Administrator, regarding a breach of this condition. The Administrator s decision will be final. The researchers shall sit with the speakers at the time of the orals and shall not attend the court sessions of any other team participating in the competition. VIII Procedure for Appearance at the competition: Petitioner s Submission: 15 mins Respondent s Submission (Counter): 15 mins. Petitioner Submission (Rebuttal): 15 mins; IX Scouting: Teams will not be allowed to observe the orals of any other team(s). Scouting is strictly prohibited. Scouting by any of the teams will result in disqualification. X Scoring / Marking Parame ters : Memorials will carry 30% and oral submissions will carry 70% of evaluation. Total marks will be a sum of the oral scores for that round and the memorial scores. Memorials shall be the original work of team members. If the memorials are found to be verbatim reproduction of each other, no points will be awarded for such memorials. There will be a panel of Judges for the Regional and the National level round. Indicative parameters for scores on the basis of Oral Submission: Knowledge of facts Knowledge and understanding of legal principles directly applicable to issues Logic, reasoning and clarity Persuasiveness Deference to the court Presentation, court etiquette and advocacy skills (ability to explain legal principles clearly and response to questions) Ingenuity (ability to argue by analogy from related aspects of law) Management of time Each criterion shall be marked on a five level scale: Excellent 5; Very Good 4; Good 3; Average 2; Fair 1 3

4 Memorial Scoring Indicative parameters for scores on the basis of Written Submissions (Memorials): i. Logical progression of ideas ii. Originality in analysis and arguments iii. Effective use of headings to outline arguments iv. Understanding essential legal issues presented v. Focus on essential (not collateral) issues vi. Clear, concise and unambiguous writing style vii. Forceful and persuasive presentation viii. Integration of facts into legal argument ix. Understanding of strengths and weaknesses of case x. Discussion of viable alternative arguments xi. Understanding and analysis of authority xii. Proper use of citations and citation form xiii. Effective use of authority to support arguments xiv. Ability to distinguish adverse cases xv. Neatness, legibility, typos or format errors XI Announcement of results Regional Level Round results will be announced soon after the. National Level Round results will be announced on 27 th September, XII Anonymity Student counsel may introduce him / herself to the court in the usual manner and may also state their first names. However, the team's regional or office or other affiliations shall not be revealed at any time to any of the judges before the awards ceremony. Further, all team members, coaches, advisors, and observers shall refrain from identifying a team at any time and in any manner, including, but not limited to, wearing any identifying items, such as badges, blazers or identifying material (such as books, logo or seal of the college, regional / chapter office). XIII Accommodation and transport Travel expenses for the Regional Level Round will be borne by the respective Chapters where the participants are registered as Student and the Regional Council will arrange for the accommodation only. Transport expenses for the National Level Round will be borne by the Regional Council. XIV Other Important Issues Participants are required to maintain proper decorum in the court during the competition. The administrators reserve the right to take appropriate action for any unethical, unprofessional or immoral conduct. The administrator reserves the right to vary, alter, modify or repeal any of the above rules if so required and as they deem appropriate. Regional Offices of ICSI are requested to encourage participation of 1 team from each of their chapters for Regional Level competition. 4

5 Decision of will be final & binding. For further details, please contact: Shri J S N Murthy Executive Officer, Phone: / jsn.murthy@icsi.edu CS Issac Raj P.G Vice-Chairman, Phone: issacraj@gmail.com CS Vasudeva Rao Devaki Chairman, Phone : chairman.hyderabad@icsi.edu 5