mooting rules

8/10/2019 Mooting Rules

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KNOXGRAMMAR

MOOTINGRULES


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KNOX GRAMMAR HIGH SCHOOL MOOTING COMPETITION RULES

PREAMBLE

I. The Knox Grammar High School Mooting Competition was organised and is

run as a learning experience for the students of Knox Grammar School.

II. The competition is one which operates and gives effect to, at all times,

ordinary standards of fairness, reasonableness and ethics.

III. The purpose of the competition is to provide a practical, competitive, fair and

fun means of exposure to advocacy both in oral and written format.

Recognising this, the competitors of the Knox Grammar High School Mooting

Competition, on registration agree to be bound by the following rules:

1. Teams

1.1. Students enrolled in Knox Grammar School who are, as at the end of the

competition, in year 9, 10, 11, 12 are eligible to compete.

1.1.1. Subject to availability after those eligible under Rule 1.1. have registered,

students enrolled in Knox who are, as at the end of the competition, in

year 8 may also be eligible.

1.2. Teams shall be constituted of no less than two (2) members and no more than

(3) members.

1.3. There shall be a maximum of ten (10) teams for the competition in any given

year.

1.4. Each team must only consist of two (2) counsel. The remaining member can

partake as instructing solicitor. Teams can rotate the positions that each

competitor holds for each round.


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1.5. Upon registering, teams are not permitted to change members until the

cessation of the competition.

2. Competition Structure

2.1. The competition shall consist of four (4) preliminary rounds, as well as a Grand

Final round.

2.1.1. The first of the four (4) rounds, being Round One (1), will be non-official

and shall not count towards any scoring from which the Grand Finalist are

decided.

2.2. Preliminary Round Procedures

2.2.1. Teams will be allocated their opposing team by random draw.

2.2.2. Teams will be allocated to appellant or respondent positions by random

draw. Where possible, teams will have to swap from appellant to

respondent positions between preliminary rounds.

2.2.3. Two (2) teams will progress to the Grand Final.

2.2.4. Selection for the teams that proceed from the preliminary rounds to the

final rounds will be determined by the Evaluation process outlined below.

2.3. Grand Final

2.3.1. The teams proceeding from the preliminary rounds into the Grand Final

shall be the teams ranked (according to the evaluation process outlined

above) one (1) and two (2) respectively on the competition ladder at theconclusion of the fourth preliminary round.

2.3.2. The Grand Final question must not be a question that has been mooted

within the past 4 years (inclusive) of the current competition.

2.3.3. Teams will be allocated by appellant or respondent by random draw.


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2.3.4. The winner of the competition will be the team who at the conclusion of

the round receives the highest score.

2.4. Scoring

2.4.1. Teams will be ranked according to the scoring as outlined in this section

and demonstrated by the score sheet in Annexure 1.

2.4.2. Teams will be awarded a Ranking Score (RS) ranging between zero (0)

and three (3) for any given round.

2.4.2.1. The winning team for a round will be awarded three (3) points.

2.4.2.2. A losing team, that has not lost be virtue of forfeit or round

disqualification will be awarded one (1) point.

2.4.2.3. A team that forfeits or is disqualified in any given round will receive

a score of zero (0).

2.4.3. This score is to be determined by the Individual Round Score (IRS).

2.4.4. The IRS is to be calculated by the combined total of each Scoring

Category (SC).

2.4.5. The Scoring Categories are as follows:

2.4.5.1. Written Submissions shall be given a mark out of 25.

2.4.5.2. Organisation of Presentation shall be given a mark out of 15.

2.4.5.3. Development of Argument shall be given a mark out of 20

2.4.5.4. Questions from the Bench shall be given a mark out of 20.

2.4.5.5. Manner and Expression shall be given a mark out of 20.

2.4.6. Only one score sheet it to be used any given round.


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2.5. The Evaluation Process

Tier One of the Evaluation Process

2.5.1. Tier one involves determining the rank of teams based on the RS.

2.5.2. For example, a team with three (3) wins will have a RS of 9. A team who

wins two (2) of their preliminary rounds and loses one (not be virtue of a

forfeit or disqualification) shall have a RS of 7. A team who does not win

any round but does not forfeit or is not disqualified from any round shall

have an RS of 3.

Tier Two of the Evaluation Process

2.5.3. Tier Two of the evaluation process only becomes operative if two teams

achieve the same total RS. In that event, the respective rank of each team

will be determined by the mean margin score (MMS) that each team has

accumulated. This is calculated by which a team won or lost. A team that

wins a round will receive a positive score for that round. The losing team

will receive a negative score. At the end of the preliminary rounds, the

average margin will be calculated.

2.5.3.1. For example, if a team wins round one (1) by ten points they will

have a score of positive ten (+10). If that team wins the second round

by five (5) points, their aggregate score by the end of round two (2) will

be positive fifteen (+15). If the same team loses round three (3) by six

points, their aggregate score will be positive nine (+9). That number

will be divided by the number of rounds that the team has competed in,

creating their MMS. Therefore, their MMS will be three (3).

Tier Three of the Evaluation Process

2.5.4. Tier three will come into operation (subject to 2.5.5.) if two teams remain

on equal ranking after the first two tiers of evaluation.


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2.5.5. Tier three will only come into operation if it is required to determine the

Grand Finalists. All other teams who after the first two tiers of evaluation

remain on equal rank will be both be attributed the higher of the ranks for

the purposes of the final standing of teams.

2.5.6. Tier three involves determining the average individual round score (AIRS)

that each team has accumulated, and will be determined by aggregating

the total scores that each team has achieved in all of the rounds that they

have competed in, and dividing that number by the amount of rounds that

the team competed in.

2.5.7. For example, if a team receives a score of sixty (60) in the first round,sixty-five (65) in the second round and seventy (70) in the third round,

their AIRS will be sixty-five (65).

Tier Four of the Evaluation Process

2.5.8. Tier four only comes into operation if there exists equal ranking after the

operation of Tier Three. In that event, the rank shall be determined by

comparing the highest total of the IRS.

2.6. In the event that after the evaluation process has been applied there still exists

an issue with respect to rank, the final rank shall be determined by a process

nominated at the competition organisers discretion.

2.6.1. Any such process should be made known to the teams affected.

3. Release of Questions

3.1. There are three (3) questions in total for all the rounds of the competition.

3.2. Question One (Q1) will be used and will remain unchanged for preliminary

rounds one (1) and two (2). Question two (Q2) will be used and will remain


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unchanged for preliminary rounds three (3) and four (4). Question three (Q3)

will be used for the Grand Final.

3.3. Questions are released at least seven (7) calendar days prior to the

commencement of each round.

3.4. Questions for all rounds will be emailed to at least one of the nominated email

addresses for each team.

3.5. The content and substance of the questions is to be determined by the

organiser(s) of the competition but shall be limited in substance to the following

areas of law only:

3.5.1. Contract Law

3.5.2. Criminal Law

3.5.3. Tort Law

4. Preparation and Research

4.1. All research and preparation for the moots will be conducted solely by the

team members of each team.

4.2. The organiser(s) of the competition may disqualify from the competition or from

an individual round any team receiving outside assistance at their sole

discretion.

4.3. The jurisdiction of the moot will be specified in any given problem.

4.4. Research shall be limited to the materials provided. The use of material not

provided for will result in a penalty to be determined at the discretion of the

organiser(s).

4.4.1. For certainty, limited materials includes any case law referenced in the

case law provided but not legislation referred to.


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5. Judging

5.1. The preliminary rounds are to be heard by one (1) or more judges, depending

on availability.

5.2. The Grand Final will be heard by three (3) or more judges depending on

availability.

5.3. Where possible, the organiser(s) will make up part of the panel of judges and

ensure compliance with the rules.

5.4. Judges shall be provided with the moot question and submissions of both

teams. A marking schedule will also be provided to all judges. Teams are

strongly advised to have regard to the marking criteria annexed herein.

5.5. Each teams score will be submitted to the organiser(s) and any other person

nominated by the organiser(s).

5.6. Teams will be notified at the end of each preliminary round whether they won or

lost the moot in that round as well as provided with constructive feedback.

5.7. Score sheets will be released as close as possible to the completion of each

round via email.

5.8. As per rule 2.4.6., in event that there are multiple judges, a consensus must be

reached on the winner.

6. Written Submissions

6.1. In each round, each team must submit a soft copy of their written submissionsby email to organiser(s) of the competition or to an email nominated by them as

well as their opposing team in .pdf format.


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6.2. Written submissions for each round are due at 5:00pm on the day before the

scheduled moot. Competitors are encouraged to send it before the due date to

allow for technical difficulty.

6.3. All submissions received after 5:00pm will lose five (5) points from the written

submissions mark per half hour.

6.4. Submissions that are received more than one hundred and twenty minutes late

(past 7:00pm) will not be accepted that team shall be deemed to have forfeited.

6.5. Each team must print three (3) hard copies of their submissions and bring them

to the moot for the judges and opposing side if necessary.

6.5.1. For the purposes of the Grand Final, copies of the written submissions

must be provided to all judges by each of the teams.

6.6. The length of the written submissions must not exceed 3 pages in length.

7. Oral Presentation

7.1. Only counsel may address the court during the moot.

7.2. Counsel shall not interject under any circumstances while a member of the

opposing team is speaking.

7.3. The role of the solicitor is limited to aiding in research and providing assistance

to counsel during the moot. It is at the discretion of the judge whether counsel

may consult team members during the moot.

7.4. During the preliminary rounds, after appearances, each team will have amaximum of twenty (20) minutes to present their case, with each counsel

speaking for no less than eight (8) minutes. Therefore teams must speak for at

least sixteen (16) minutes.


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7.5. In the Grand Final round, each team will have a maximum of thirty (30) minutes

with each counsel speaking for no less than ten (10) minutes. Therefore, teams

must speak for at least twenty (20) minutes.

7.6. The division of time between counsel must be specified in the written

submissions.

7.7. Judges may grant an extension of time at their discretion to each speaker.

7.8. The appellant may be granted a right of reply for a maximum of three (2)

minutes at the discretion of the judging panel.

7.9. Penalties may apply if either counsel exceeds their allocated or extended time

without the express permission of the judging panel.

7.10. Nothing may be handed up to the judges other than in accordance with rule 6.5.

7.11. If Counsel arrives later than fifteen (15) minutes after the time the moot is

scheduled to start, that counsels team shall be disqualified from that round and

receive an RS of zero (0).

7.11.1. A team that arrives more than five (5) minutes after their scheduled start

time will be deducted two (2) points for every minute they are late.

8. Rooms, times and locations

8.1. Rounds will take place at Knox Grammar School. The room number will be

specified prior to the round.

8.2. Competitors must make themselves available to compete at their scheduledtime.

8.2.1. If a team has a conflict and is unable to compete in their specified time

slot they should make the conflict known to the organiser(s) or relevant

person so nominated by the organiser(s) by no later than the Thursday


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before the round is scheduled. The organiser(s) will make every effort to

reschedule the round however this will be subject to the availability of all

involved.

8.2.2. Should a reschedule not be possible due to availability, the team who is

unable to compete shall be deemed to have forfeited.

8.3. Preliminary rounds will occur on Sundays between 10:00am and 4:00pm.

9. Forfeiture and Disqualification

9.1. A forfeit shall attract a Ranked Score of zero (0) for the round and no Individual

Round Score.

9.2. Teams are required to give 24 hours notice of a forfeit. Failure to do so will

disqualify the team from the competition.

9.3. A disqualification prohibits a team from competing for the remainder of the

competition and the team shall receive a zero (0) rank score for the remainder

of rounds.

Behaviour that Attracts Automatic Disqualification

9.4. Seeking help from people who are not members of ones team.

9.5. Harassing another team or member of another team before, after or during a

round.

9.6. Harassing a judge before, after or during a round.

9.7. Using a laptop whilst competing.


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9.8. Using a mobile phone for purposes other than time keeping whilst competing.

10. Appeals

10.1. An appeal the substance of which pertains to a rule breach by the opposing

team during a round shall appeal directly to the judging panel at the expiry of

speaking time for both teams (this includes right of reply).

10.2. Any team implicated by virtue of rule 10.1. shall be afforded the ability to

respond.

10.3. Any appeal the substance of which pertains to a rule breach by the opposing

team shall be considered by the judges and reflected accordingly in scoring the

round.

10.4. A team that wishes to appeal a decision made by the organiser(s) or nominated

people, the substance of which was not covered in rule 10.1.-10.3. shall do so

by email within 24 hours of the completion of their round using the form

stipulated in Annexure 2.

10.5. Rule 10.4. does not operate for a Grand Final round. Any appeals pertaining to

a Grand Final round must be made by no later than twenty-four (24) hours prior

to the commencement of the Grand Final round.


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ANNEXURE 1

TEAM Number:

APPELLANT/RESPONDENT

SENIOR COUNSEL Name:

CRITERIA COMMENTS SCORE

Written Submissions

Factors: coverage of all issues raised in the case; wellstructured, clear, concise and reasoned expression;supported by authority with pinpoint citations; free fromgrammatical, spelling or punctuation errors; consistent with

oral submission.

/25

Organisation and Presentation

Factors: Legal organisation and structure, concise overviewof submissions and conclusion, appropriate attention andweight given to some arguments over others; flexibilitydespite being taken off topic; relevant right of reply.

/15

Development of Argument

Factors: Understanding of the law and issues; logical,persuasive arguments; addresses opposing argumentsin advance (appellant) or consequentially (respondent)

/20

Questions from the Bench

Factors: prepared for questions that can be anticipated; clear,concise and direct responses; engagement with the courtsviews; composure and courtesy despite challenges toarguments; effective integration of responses witharguments; adept treatment of irrelevant questions; ability todeal with difficult and obscure questions.

/20

Manner and Expression

Factors: Engages with the court projects voice; articulates

submission with eloquence; use of clear and simplelanguage; displays confidence without arrogance; eye-contact with all members of the bench; courteous and formal;correct citation; appropriate use of courtroom formalities;consistent style and manner.

/20

TOTAL /100


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JUNIOR COUNSEL Name:

CRITERIA COMMENTS SCORE

Written Submissions

Factors: coverage of all issues raised in the case; wellstructured, clear, concise and reasoned expression;supported by authority with pinpoint citations; free fromgrammatical, spelling or punctuation errors; consistent withoral submission.

/25

Organisation and Presentation

Factors: Legal organisation and structure, concise overviewof submissions and conclusion, appropriate attention andweight given to some arguments over others; flexibilitydespite being taken off topic; relevant right of reply.

/15

Development of Argument

Factors: Understanding of the law and issues; logical,persuasive arguments; addresses opposing argumentsin advance (appellant) or consequentially (respondent)

/20

Questions from the Bench

Factors: prepared for questions that can be anticipated; clear,concise and direct responses; engagement with the courtsviews; composure and courtesy despite challenges toarguments; effective integration of responses witharguments; adept treatment of irrelevant questions; ability todeal with difficult and obscure questions.

/20

Manner and Expression

Factors: Engages with the court projects voice; articulatessubmission with eloquence; use of clear and simple

language; displays confidence without arrogance; eye-contact with all members of the bench; courteous and formal;correct citation; appropriate use of courtroom formalities;consistent style and manner.

/20

TOTAL /100


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ANNEXURE 2

APPEALS FORM

Name.................................................. Team Number.............................

Rule in Question..................................

Nature of the Appeal:

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

Note: This form can either be filled in manually or can be replicated in substance in the email.

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