Competition Rules

for

Justice Y.K. Sabharwal

Constitutional Law
Moot Court
Competition 2019

 TABLE OF CONTENTS

Format ........................................................................................................................................ 1

Definitions.................................................................................................................................. 1

Eligibility ................................................................................................................................... 3

Team Composition ..................................................................................................................... 3

Registration ................................................................................................................................ 3

Release of Problems and Clarifications ..................................................................................... 4

Format of Memorials ................................................................................................................. 4

Scoring criteria for Memorials ................................................................................................... 9

Screening for Oral Rounds....................................................................................................... 10

Oral Rounds ............................................................................................................................. 10

Ex Parte Procedure ................................................................................................................... 13

Pairings for the advanced rounds ............................................................................................. 13

Exemplary Power clause .......................................................................................................... 14

Contact ..................................................................................................................................... 14

FORMAT

The Competition shall comprise two stages: Qualifying Memorial Elimination and Oral

Rounds. Twelve (12) teams shall be shortlisted on the basis of their memorial scores for

Moot Proposition-I and will be invited to participate in the Oral Rounds which shall be

conducted at NLU Delhi. The Oral Rounds will include four (4) Preliminary Rounds, Semi-

Finals and Finals.

Pleadings for the preliminary rounds shall be based on Moot Proposition-I. However,

pleadings for the advanced rounds shall be based on Moot Proposition-II. Both the

propositions shall be released on 5th August 2019. ∗

DEFINITIONS

1. Advanced Rounds: It refers to the Semi-Final and Final rounds of the Competition.

2. Memorial: Written arguments submitted, according to the official Competition rules,

on behalf of both parties by each team. Memorials may also be referred to as written

pleadings.

3. Memorial Evaluators: It refers to the evaluators who will be responsible for marking

the memorials submitted by the teams.

4. Oral Rounds: Oral arguments, according to the official Competition rules, made on

behalf of both parties by each team. This is done in front of the judges, on behalf of

one of the parties against another team representing the opposing party.

∗
Note: Rules laid down as mentioned above pertain only to Moot Proposition-I. Moot

Proposition-II shall have its own set of rules which shall be released in due course.

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5. Parties: Parties to the dispute as identified by the moot problem as

Petitioner/Appellant and Respondent.

6. Plagiarism: Act of appropriating the literary composition of another, or parts or

passages of another’s writings, or the ideas or language of another, and passing them

off as the product of one’s own mind without any due credit being given to the actual

composer/creator of the work.

7. Preliminary Rounds: It refers to the Oral Rounds which will take place before the

Advanced Rounds of the Competition, for the purpose of determining the teams

which will proceed to the Advanced Rounds.

8. Raw Scores: The aggregate of the memorial scores and the Oral Round scores in that

round will constitute the Raw Scores of a team for a specific round.

9. Round Points: For every round, every team will be evaluated on two aspects:

memorial score and score in the oral rounds. The memorial of every team will be

evaluated by the same two (2) Memorial Evaluators. In the round, the team with

higher memorial scores will be awarded one and half (1.5) round points per evaluator

[which means if a team is able to get higher marks by both the evaluators, they get

three (3) round points].

Similarly, in the oral rounds, the scores given by a Judge in the Oral Round to a team

will be compared against the score received by the other team from the same Judge,

and the team with the higher score will be awarded two (2) round points per judge.

The Oral Rounds will be presided over by three (3) judges. Thus, the maximum round

points that shall be offered in a round will be nine (9) points, every point accrued

being equal to the another. The winner shall be the team with more round points in the

respective round.

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 10. Rules: Refer to official Competition rules and any applicable supplements to these

Rules, published by the Organising Committee.

11. Scouting: Scouting is the act of attending a round in which the members of the team

or any person related to the team are not competing. “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. Scouting will lead to immediate disqualification.

12. Team Code: Team Code refers to the unique number allotted to each participating

team for the purpose of this Competition.

ELIGIBILITY

All students enrolled in a three (3) year LL.B. programme or a five (5) year integrated LL.B.

or in an LL.M. programme shall be eligible to participate in the Justice Y.K. Sabharwal

Constitutional Law Moot Court Competition 2019. However, only one team per

university/institution shall be eligible to participate.

TEAM COMPOSITION

It is required that each team consists of three (3) participants: 2 Oralists & 1 Researcher.

REGISTRATION

Registration for Justice Y. K. Sabharwal Constitutional Law Moot Court Competition 2019

shall begin on 5th August 2019. The last date for registration shall be 11:59 PM, 31st August

2019. A unique ‘Team Code’ shall be assigned to every team for the purpose of the

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Competition after completion of the registrations for the Competition. Breach of anonymity

shall lead to disqualification from the Competition.

At the time of registration, the teams are expected to submit a certificate stating that the

participants are bona fide students of the institution. The same shall have to be submitted via

an email to yksmoot@nludelhi.ac.in latest by 31st August 2019. Please note that failure to

submit the same would result in disqualification from the competition.

RELEASE OF PROBLEM AND CLARIFICATIONS

Moot Proposition-I shall be released on 5th August 2019. Clarifications can be sought till

11:59 PM, 7h September 2019. Moot Proposition-II too shall be released on 5th August 2019

and clarifications to the same can be sought till 11:59 PM, 25th October, 2019. Results of the

Memorial Elimination shall be released on 17th October 2019.

FORMAT OF MEMORIALS

A. Structure

Each participating team is required to prepare a memorial for each party to the dispute with

the following mandatory heads:

1. Cover Page

2. Table of Contents

3. Statement of Relevant Facts (not exceeding 2 pages)

4. Statement of Jurisdiction (not exceeding 2 pages)

5. Questions Presented

6. Summary of Arguments

7. Pleadings

8. Prayer

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B. Memorial Formatting

a) File type

All parts of each Memorial must be contained in a single file. Memorials must be in

Microsoft Word format and have a .doc or .docx file extension. Memorials that do not

conform to this Rule, such as memorials in PDF format or memorials using a .dat file

extension, will not be accepted. Upon submission in an unacceptable format, resubmission

may be permitted subject to penalties.

b) Font and Spacing

i) Subject to paragraphs (ii) and (iii), the text of all parts of the Memorial must be in Times

New Roman, size 12 font and double-spaced.

ii) Headings and sub-headings throughout the Memorials may be in a different font size,

underlined and/or highlighted.

iii) Footnotes must be Single-Spaced between lines; double-spaced between two Footnotes.

(Double-spacing between two footnotes can be done by keeping paragraph spacing of 12 pts).

C. Front Page

The Front Page of the Memorial must have only the following information which shall be in

the same order as follows (this information should be centered, except where stated

otherwise):

a) In the top right-hand corner of the page, the team number allocated followed by “A” if it is

an Applicant Memorial or “R” if it as a Respondent Memorial (e.g. Team Number 12 would

put “12A” in the top right-hand corner of the Applicant Memorial cover page).

b) The name and the year of the Competition

c) The name of the Case

d) The title of the document (i.e., “Memorial for Respondent” or “Memorial for Applicant”)

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D. Statement of Facts

Statement of Facts should be limited to the stipulated facts and necessary inferences from the

Proposition. This should not include unsupported statements, distortions of the facts

provided, argumentation or legal conclusions.

E. Summary of the Pleadings

A Summary of the Pleadings should consist of a substantive summary of the

submissions/arguments in the Memorial, rather than a simple reproduction of the headings

contained in the Pleadings.

E. Pleadings

Substantive, affirmative legal argument or legal interpretation of the facts of the Moot

Proposition may be presented only in the “Pleadings” part of the Memorial. Summaries of

such arguments may be included in the Summary of Pleadings.

F. Length

The word count for each Memorial shall be conducted using the standard “Word Count”

feature in Microsoft Word. The total length of the Pleadings section, including footnotes,

must be no longer than 5000 words.

H. Submission

The last date for submission of the soft-copy of the written submissions via email is 10th

October 2019. The hard-copy of the written submissions must reach the below-mentioned

postal address no later than 12 PM, 15th October, 2019. The hard-copy of the memorials must

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be simple spiral-bound without any kind of colour coding on the cover page. However, the

soft-copy of the memorials must have colour coding as indicated in the Rules.

Participants are expected to send six (6) copies of each side, that is, twelve (12) memorials in

total. Kindly courier the hard-copy on the following address:

Anant Sangal
Organising Committee
Justice Y.K. Sabharwal Constitutional Law Moot Court Competition 2019
National Law University, Delhi
Dwarka Sector-14
New Delhi – 11 00 78

I. Footnotes and Citations

Each source or authority must be supported by bibliographical information using any

uniform system of citation. It is not permitted to provide any information in the footnotes

that is not related to the identification of an authority or source. Footnotes may not include

additional legal arguments. Endnotes are not permitted.

J. Anonymity of Memorials

The names of the team members, coach or institution shall not be on any part of the

Memorial. Each team will be given a team number, which shall substitute the team's

institutional affiliation until the disclosure of the Competition. The violation of this rule

shall result in severe penalties that may involve disqualification, as shall be determined

by the Organising Committee.

K. Plagiarism

Teams shall be penalized for any identified plagiarism. After investigation and review, the

Faculty Advisor shall assess and decide upon the extent of penalty or disqualification

proportionate to the degree of the violation. The decision of the Faculty Advisor in this regard

shall be final.

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L. Rights over the memorials

The Organising Committee reserves the right to disseminate, reproduce or adapt the

memorials for the purpose of the Competition. Submission of memorials in this Moot will

constitute as the consent of the teams to such dissemination, reproduction or adaptation.

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 SCORING CRITERIA FOR MEMORIALS

A team’s total Memorial score shall be the sum of points awarded for the Applicant

Memorial and the Respondent Memorial.

Substantive scoring

Each judge can award a maximum of one hundred (100) points and memorials will be judged

based on the following criteria:

Criteria Maximum

(Poor:10-11; Average:12-13; Good:14-15; Very Good:16-17; Excellent: 18-20) Marks

Knowledge of facts and law 20 marks

Proper and articulate analysis 20 marks

Extent and use of research 20 marks

Clarity and organization 20 marks

Style, grammar, and citation of sources 20 marks

Memorial Penalties

i. Late submission of the memorials (soft copies only): (-) 1 mark per memorial each

exceeding hour. You can submit each memorial separately to avoid late penalties.

ii. A penalty of 2 marks shall be levied for exceeding the word limit by up to 50

words, and further, a 5 marks per 50 words exceeded.

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SCREENING FOR ORAL ROUNDS

a. A total of twelve (12) teams shall qualify for the Oral Rounds of the Moot.

b. The determination of teams progressing to the Oral Rounds shall be made through a

memorial qualifier, where the teams with the highest overall Memorial scores shall

qualify. The Memorial scores used for this purpose will be inclusive of the

penalties incurred for late submission and exceeding the word limit.

c. In a situation where there is a tie for a position, the tie shall be decided on the basis of

the following aspects of the memorials scores:

(i.) Marks given for ‘Reasoning’

(ii.) If the tie continues, marks given for ‘Application of Facts’

(iii.) If the tie continues till this stage, marks given for ‘Understanding Law and

Procedure’

(iv.) For teams that are tied even after considering such aforementioned tie-breakers,

all teams that continue to be tied on that position will qualify for the Oral Rounds.

ORAL ROUNDS

General scope of Oral Pleadings:

a) Each team shall prepare two (2) Oral Pleadings (one for each speaker) on behalf of the

Petitioner/Appellant and two (2) Oral Pleadings on behalf of the Respondent.

b) Each team shall have sixty (60) minutes to present their arguments, inclusive of the time

for answering questions from adjudicators and rebuttals/sur-rebuttals.

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c) The order of the pleadings in each Oral Round at all stages of the Competition shall be:

Petitioner/Appellant 1, Petitioner/Appellant 2, Respondent 1 and Respondent 2, followed by a

rebuttal from the Petitioner/Appellant and a sur-rebuttal from the Respondents.

A. Format

In the Preliminary rounds, power match-up (Team 1 v Team 24, Team 2 v Team 23…) and

slide match-up system (Team 1 v Team 13, Team 2 v Team 14 …) shall be used to determine

the match-ups.

In the Semi-final rounds, the power match-up system shall be used to determine the match-

ups (Team 1 v Team 4, Team 2 v Team 3).

B. Scoring criteria

The teams with the highest number of wins will proceed to the Advanced Rounds from the

Preliminary Rounds. The team with the higher number of Round Points (See Definition

Clause 9) in a round will be deemed to have won a round.

In a situation where there exists a tie in the number of two or more teams, the team with the

higher number of total Round Points will proceed to the Advanced Rounds. If the tie still

subsists, it will be decided in the following order:

1. On the basis of Raw Scores

2. On the basis of ‘Reasoning in the Application of Principles’

3. In the unlikely event that the tie persists, the final decision will be made on the basis

of a Coin Toss

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The marks breakup for the Oral Rounds shall be as follows:

Criteria Maximum Marks

Response to Questions and Articulation 25 marks

Weak: 12-15 | Average: 16-21 | Strong: 22-25

Reasoning in the Application of Principles 25 marks

Weak: 12-15 | Average: 16-21 | Strong: 22-25

Use of Authorities and Precedents 20 marks

Weak: 10-12 | Average: 13-17 | Strong: 18-20

Application of Facts 20 marks

Weak: 10-12 | Average: 13-17 | Strong: 18-20

Advocacy Skills, Court Craft and Demeanor 10 marks

Weak: 5-6 | Average: 7-8 | Strong: 9-10

C. Communication between members of the team

To prevent disruption, communication at the counsel table between Team Members may be

in writing only. Teams and shall avoid all unnecessary noise, outbursts or any inappropriate

behaviour that distracts from the argument in progress.

D. Electronic devices in the Courtroom

The participating teams are not allowed to carry or use any electronic device, except

wristwatches (no smart watches) in the Courtroom. In case a member of a team is found

using any electronic device during the Oral Rounds, the team shall invite a severe penalty that

may amount to disqualification.

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E. Scouting

Both direct and indirect scouting is prohibited in the Competition, and shall lead to

immediate disqualification of the team.

F. Time allocation

a. Each team will have 60 minutes for oral presentation in every Round. Oral

presentations during the Round must be made only by two members from each Team.

Prior to the beginning of the Oral Round, each Team must indicate to the bailiff how

it wishes to allocate the allotted 60 minutes among (a) its first Oralist, (b) its second

Oralist, and (c) rebuttal (for Applicant) or sur-rebuttal (for Respondent).

b. A team may not allocate more than 30 minutes, to either Oralist, although in

extenuating circumstances, judges have the discretion to permit any Oralist to argue

beyond the 30-minute limit.

EX PARTE PROCEDURE

In extreme circumstances, such as when a team fails to appear for a scheduled Oral Round,

the Organising Committee may allow the Oral Rounds to proceed ex parte. In such a case, the

Team that fails to appear for its scheduled Round forfeits all six of the Round’s Oral Round

Points.

PAIRINGS FOR THE ADVANCED ROUNDS

The party (Applicant or Respondent) to be represented by the teams in the Advanced Rounds

shall be decided by way of a coin toss. Qualification in further rounds (from Semi-finals to

Finals) will be determined by win/loss in the respective Advanced Round. The Advanced

Rounds shall be governed by the Rules Annexed to the Moot Proposition- II.

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EXEMPLARY POWER CLAUSE

In case of any dispute arising out in the interpretation of the rules, or otherwise, the decision

of the Faculty Advisor in consultation with the Organising Committee (OC) would be final

and binding. The Faculty Advisor in consultation with the OC will have the exclusive

authority to interpret these Rules or resolve any matter not covered by these Rules.

CONTACT

In case of any query, kindly contact the Organising Committee by writing to

yksmoot@nludelhi.ac.in. In case of urgent queries, please reach out to Anant Sangal (+91

9911453576).

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