University of Richmond
T.C. Williams School of Law
Moot Court By-Laws

As amended April 1, 2008.

Table of Contents
(Click the link to go directly to that section.)

Article  1: Executive Board

Article  2:Committees and Internal Boards

Article  3: Officer and Executive Board Nominations

Article  4: Moot Court Board Eligibility and Requirements

Article  5: Inter-scholastic Competitions

Article  6: Carrico Moot Court Competition

Article  7: Barnett Moot Court Competition

Article  8: By-law Amendment Procedures

Article  9: Honor Code

Article  10: Order of the Barristers

 

I.                    Executive Board

a.       The Executive Board of the Moot Court Board (“the Executive Board”) will consist of the following officers:

                                                               i.      President.  The President shall:

1.      be the senior representative and spokesperson for the Moot Court Board (“the Board”);

2.      serve as a point of contact of contact between the Board and the University of Richmond School of Law (“the Law School”);

3.      schedule and preside over all general Moot Court Board meetings;

4.      schedule and preside over all Executive Board meetings;

5.      supervise all committees and appoint committee chairs;

6.      administer strikes to Board members who fail to complete any of their obligations; and

7.      perform all functions necessary and proper to the Moot Court Board that are not provided for herein.

                                                             ii.      Vice President.  The Vice President shall:

1.      act for the President either when called to do so, or when the President is unable to fulfill such duties; and

2.      write the problem for each intra-scholastic competition.

                                                            iii.      Secretary.  The Secretary shall:

1.      maintain all personnel records for the Moot Court Board, including:

a.       Board members’ standing; and

b.      new member invitations;

2.      oversee the Strike Appeals Board;

3.      maintain all correspondence within the Moot Court Board;

4.      maintain the Moot Court Bulletin Board and Notice Board;

5.      publicize Moot Court Board events; and

6.      act as prosecutor on behalf of the Moot Court Board in any Strike Appeal hearing.

                                                           iv.      Treasurer.  The Treasurer shall:

1.      maintain all financial records for the Moot Court Board;

2.      handle the distribution of all funds;

3.      submit a budget plan at the beginning of each term;

4.      submit regular financial statements to the President; and

5.      supervise the fund-raising committee.

                                                             v.      Intra-scholastic Competitions Chair (Oral).  The Intra-scholastic Competitions Chair (Oral) shall:

1.      assist the Intra-scholastic Competitions Chair (Written) in scheduling dates and times for the Barnett and Carrico Competitions;

2.      supervise all aspects of the oral argument portions of the Barnett and Carrico competitions;

3.      supervise the Judges Committee; and

4.      assist the Intra-scholastic Competitions Chair (Written) in overseeing all committees involved in the Barnett and Carrico competitions.

                                                           vi.      Intra-Scholastic Competitions Chair (Written).  The Intra-scholastic Competitions Chair (Written) shall:

1.      assist the Intra-scholastic Competitions Chair (Oral) in scheduling dates and times for the Barnett and Carrico Competitions;

2.      supervise all aspects of the written portions of the Barnett and Carrico competitions;

3.      write the “Bench Brief” for all intra-scholastic competitions;

4.      oversee the Brief Grading Committee; and

5.      assist the Intra-scholastic Competitions Chair (Oral) in overseeing all committees involved in the Barnett and Carrico competitions.

                                                          vii.      Inter-scholastic Competitions Chair.  The Inter-scholastic Competitions Chair shall:

1.      determine eligibility to compete in inter-scholastic competitions;

2.      assist the Jessup Moot Court team in determining eligibility to compete in the Jessup Moot Court Competition;

3.      notify Board members of competitions;

4.      notify Board members who have qualified for one of the National Teams;

5.      maintain communication with schools or outside organizations handling these competitions;

6.      coordinate possible Richmond invitationals;

7.      supervise mootings for competing teams and submit a list of members earning academic credit to the Dean’s Office; and

8.      obtain coaches for all inter-scholastic teams.

b.      Removal of Executive Board Members.  Any member of the Executive Board may be removed from the Executive Board for failure to execute their obligations as defined in these by-laws on motion by any member of the Executive Board and second by a different member of the Executive Board.  An Executive Board member shall be removed from his or her office upon a unanimous vote of all members of the Executive Board, exclusive of the Executive Board member against whom the initial motion was made.  The President shall oversee the procedure to remove an Executive Board member.  In the event that the initial motion was made against the President, the Vice-President shall oversee the procedure to remove the President.

II.                 Committees and Internal Boards

a.       The Committees and Boards shall consist of, but not be limited to, the following:

                                                               i.      Strike Appeals Board.  The Strike Appeals Board shall consist of three (3) members. 

1.      Duties.  The Strike Appeals Board shall:

a.       hear appeals from Board Members who have received strikes against them.  Such hearings shall take place no more than fifteen (15) days after notification that a Board Member seeks an appeal; and

b.      determine whether there was good cause for not attending a Board Meeting or performing an assigned Moot Court duty;

2.      The Board Member seeking an appeal must notify the Strike Appeals Board within five (5) days of receiving a strike, and shall act either pro se or with the aid of another Moot Court Board member  at the appeal.  The Secretary shall act as the prosecutor on behalf of the Moot Court Board.

3.      The decision of the Strike Appeals Board may be overturned only by a two-thirds (2/3) vote of the entire Moot Court Board at the very next meeting.

4.      The decision of the Strike Appeals Board, unless appealed to the entire Moot Court Board, shall be confidential.

                                                             ii.      Bailiff Committee. 

1.      The Bailiff Committee shall be responsible for organizing and scheduling members of the Moot Court Board to serve as bailiffs.

2.      The Bailiff Committee Chairpersons shall serve as Bailiff Captains for each round of the competitions.  Bailiff Captains shall:

a.       make sure that Bailiffs greet their judges;

b.      find substitutes in case of bailiff absences;

c.       be responsible for obtaining judicial robes when needed, score sheets, and name tags;

d.      maintain all information necessary for bailiff packages; and

e.       inform all bailiffs as to their duties and responsibilities.

3.      All Moot Court Board members shall serve as bailiffs.  Executive Board Members, not including the President, Intra-scholastic Chair (Oral), Intra-scholastic Chair (Written), and Treasurer, shall serve as bailiffs.  Bailiffs shall:

a.       be professionally dressed;

b.      greet their judges;

c.       set up the room for competitors and judges; and

d.      return the score cards to the Bailiff Captain on duty.

                                                            iii.      Brief Grading Committee.  The Brief Grading Committee shall be responsible for grading the briefs submitted by competitors.

                                                           iv.      By-Laws Revision Committee.  The By-laws Revision Committee shall be responsible for reviewing and revising the By-laws. This committee shall be an ad hoc committee and need not be created if the Officers and Executive Board are satisfied with the current By-laws.

1.      If the By-laws are revised by the By-laws Revision Committee, they shall first be accepted by the Officers and Executive Board by a two-thirds (2/3) vote.  They must then be ratified by a two-thirds (2/3) vote of all Board Members present at a Special Moot Court Board meeting.

                                                             v.      Competitions Committee.  The Competitions Committee shall:

1.      explore the possibility of hosting an inter-scholastic competition at the University of Richmond.  All findings shall be reported to the Interscholastic Competitions Chairperson who will then discuss it with the President.

                                                           vi.      Fund-Raising Committee.  The Fund-Raising Committee shall:

1.      coordinate with the Treasurer to determine necessary funds for the upcoming year; and

2.      create and implement a plan to raise funds to fulfill the budgetary needs.

                                                          vii.      Judges Committee.  The Judges Committee shall:

1.      be responsible for scheduling judges, all of whom must be members of the Virginia State Bar or student judges who have obtained individual or team recognition at an inter-scholastic competition, for each round of all competitions run by the Moot Court Board;

2.      be responsible for mailing all communication sent to the judges, including, but not limited to, information, thank-you letters, and any other necessary information;

3.      keep and maintain an updated master list of previous judges.

                                                        viii.      Mooting Committee 

1.      The Mooting Committee shall:

a.       solicit law professors, attorneys, or judges to moot Board members participating in an inter-scholastic competition, and place a list of such people in the Moot Court office or on the Moot Court board in the Down Under;

b.      solicit law professors interested in coaching an inter-scholastic team, and place a list of such individuals in the Moot Court office or on the Moot Court board in the Down Under;

c.       inform potential mooters or coaches or their duties and responsibilities to Board Members; and

d.      inform inter-scholastic competitors of their responsibility to moot at least four (4) times, or for a total of ten (10) hours, whichever is greater, to receive a Moot Court credit.

2.      The Mooting Committee shall be an ad hoc committee whose necessity shall be determined by the Inter-scholastic Chair.

b.      Committee Activation Procedures

                                                               i.      Committee Chairs Appointment

1.      The President will recommend each chair to the Executive Board for a vote.

2.      Each chair must be approved by a majority vote of the Executive Board, not including the President.  The President will vote in the event of a tie.

                                                             ii.      All Board Members, except Executive Board Members or Committee Chairs, shall volunteer for at least two (2) committees.  At the discretion of the Executive Board, committee chairs may be required to participate in committees.

                                                            iii.      Committees will be filled at the first Board meeting of each semester.  The secretary will ensure that all non-exempted members are placed in at least two (2) committees.

                                                           iv.      The Secretary reserves the right to place members in a committee if such members do not volunteer for a committee, or if the needs of the committee warrant such action.

III.               Officer and Executive Board Nominations

a.       Nominations

                                                               i.      Nominations shall be made at the Moot Court Board meeting in November.

                                                             ii.      Each candidate must be nominated by at least one (1) Board member, be seconded by at least one (1) Board member, and accept that nomination before becoming a candidate for an office.

                                                            iii.      Elections shall be held at the next Board meeting.

b.      Voting

                                                               i.      All candidates shall be allowed to speak for up to five (5) minutes.

                                                             ii.      Voting shall be by secret ballot, to be counted by the out-going Executive Board.  Winners of each office shall be officially announced by the out-going Secretary.

                                                            iii.      The winner for each office shall be determined by a majority of the votes.

                                                           iv.      In the event of a tie, there will be a run-off election between only those candidates who tied.  The winner shall be determined by a majority of the votes.

                                                             v.      Any candidate, upon losing the election for the original office sought, may proclaim himself or herself a candidate for any lower office with a nomination.

                                                           vi.      The newly-elected officers will take office at the first Moot Court Board meeting in January.

c.       Vacant Offices

                                                               i.      In the event that the President is removed from his or her position or resigns his or her position, the Vice-President shall take over the position of President.

                                                             ii.      In the event that any Executive Board Member, except the President, is removed or resigns from his or her position, the President shall call a special meeting of the Moot Court Board to accept nominations to fill the vacant position.  For all vacant positions except the President, the procedure to fill the vacant position shall proceed as outlined in Article III, Sections a and b.

IV.              Moot Court Board Eligibility and Requirements

a.       Eligibility

                                                               i.      First-year Students

1.      The Moot Court Board shall accept at least eight (8) first-year students every year.

2.      To gain membership on the Moot Court Board, first-year students must compete in the Barnett Moot Court competition, unless otherwise specified herein.

3.      The eight (8) first-year students reaching the quarter-final round (the “Board Round”) shall be extended an invitation to join the Moot Court Board.  When necessary to take more than eight (8) first-year students, the competitors in the round prior to the quarter-final round shall be eligible for membership (the octo-final round shall then be the Board Round).

4.      The Secretary shall write a letter to those students inviting them to join the Moot Court Board.  The invited first-year students shall have seven (7) days to respond and accept the invitation.  Failure to respond is equivalent to and shall have the same effect as declining the invitation.

5.      In the event that a first-year student declines the invitation, an invitation shall be extended to the competitor with the next highest combined brief and oral argument score from the round immediately preceding the Board Round.

                                                             ii.      Second-year Students

1.      The Moot Court Board shall accept at least sixteen (16) second-year students every year, exclusive of Board Members competing.

2.      To gain membership on the Moot Court Board, second-year students must compete in the Carrico Moot Court Competition, unless otherwise specified herein.

3.      The top sixteen (16) second-year students competing in the Carrico Moot Court Competition, based upon his or her combined brief and oral argument score, shall be extended an invitation to join the Moot Court Board.

4.      The Secretary shall write a letter to those students inviting them to join the Board.  The invited second-year students shall have seven (7) days to respond and accept the invitation.  Failure to respond is equivalent to and shall have the same effect as declining the invitation. 

5.      In the event that a second-year student declines the invitation, an invitation shall be extended to the competitor with the next highest combined brief and oral argument score.

6.      For the purposes of this section, a second-year student is student who has completed at least two (2) semesters of law school, whether at the University o f Richmond or another accredited institution, not including summer school.

b.      Membership Requirements

                                                               i.      All Board Members must be in good academic standing.

                                                             ii.      Board Activities

1.      All Board Members must be members of at least two (2) committees in accordance with the provision in Article II, Section B.

2.      All Board Members must acts as bailiffs for the Barnett and Carrico Moot Court Competitions in accordance with the plan established by the Bailiff Committee Chair.

3.      All Board Members must be present for all Board meetings.

                                                            iii.      Strike Policy

1.      In the event that a Board Member is not present for a meeting without prior permission from the President, or fails to perform as assigned duty, that member will receive a strike.

2.      Any member receiving a total of three (3) strikes throughout their membership on the Moot Court Board will be removed from the Board for a lack of interest in its activities and welfare.

                                                           iv.      Inter-scholastic Competitions

1.      All Board members are eligible to compete on behalf of the University of Richmond School of Law in inter-scholastic competitions.

2.      All Board members, as a requirement of membership, shall volunteer for at least one (1) inter-scholastic competition sponsored by the Moot Court Board per semester with the full intention of accepting an invitation to compete on behalf of the Moot Court Board.  For the purposes of this requirement, “per semester” means per each full semester that any individual is a member of the Board.  Any member who has competed in an inter-scholastic competition sponsored by the Moot Court Board shall be relieved of this requirement for the duration of their membership on the Board.

V.                 Inter-scholastic Competitions

a.       Inter-scholastic competitors shall be determined by the Inter-scholastic Competitions Chair, with the advice and consent of the Executive Board and the Moot Court Board faculty advisor.  Participation in inter-scholastic competitions shall not be limited only to members of the Board.

b.      Board members who wish to compete shall submit a timely and complete application to the Inter-scholastic Competitions Chair.

c.       Board members who compete in such inter-scholastic competitions shall receive one (1) credit for Moot Court if they fulfill all the necessary requirements as set forth in these by-laws and any regulations from the Office of the Dean of the Law School.

                                                               i.      Non-Board members who compete in an inter-scholastic competition sponsored by the Moot Court Board may receive credit at the discretion of the Office of the Dean of the Law School.  The Moot Court Board will support any such request provided the non-Board participants fulfilled the requirements set forth in these by-laws for Board members.

d.      All inter-scholastic competitions competitors shall, with the Inter-scholastic Competitions Chair and Mooting Committee Chairperson, seek a faculty coach to aid in their preparation within the guidelines of the particular competitions, including mootings and brief reviews.

e.       Any person who competes in an inter-scholastic competition sponsored by the Moot Court Board shall be eligible for membership on the Board.  Any non-Board member who competes may submit his or her score sheets from the competition, or any reasonably-available equivalent, to the Inter-Scholastic Chair, who shall present them to the Executive Board.  The non-Board member may also create a summary of their involvement, effort, and achievements to aid the Executive Board in their decision.  The Executive Board may, after consultation with the Executive Board member who viewed the mootings, discussion with the coach of the non-Board member, or any other information gathering the Executive Board deems necessary and prudent, offer membership to any non-Board member who competed in an inter-scholastic competition sponsored by the Board.  No offer of membership shall be made unless supported by five (5) members of the Executive Board.

f.        Jessup International Law Moot Court Competition

                                                               i.      The Board shall sponsor a team to attend the International Law Students Association’s annual Philip C. Jessup International Law Moot Court Competition.

                                                             ii.      Membership on the team shall be comprised as follows:

1.      Any student who has previously competed on the Jessup team shall be given preference above all others;

2.      Moot Court Board members are given preference above non-Board members, but not over non-Board members who have previously competed on the Jessup team; and

3.      Non-Board members who have not previously competed on the Jessup team shall fill any remaining vacancies.  These students shall be required to apply to the Jessup team by means of a written submission and interview.  The Jessup Selection Board, comprised of returning Jessup team members, the Jessup coach, the President of Board, and the Inter-scholastic Chair of the Board, shall oversee this application process and select any remaining Jessup members who have not been given preference.

g.       Requirements

                                                               i.      Any team selected to compete in an inter-scholastic competition sponsored by the Board shall:

1.      complete at least four (4) mootings or ten (10) hours of practice, whichever is greater;

2.      have at least one (1) mooting oberseved by a member of the Executive Board;

3.      have a member of the faculty or a member of the Executive Board review the brief prior to submission, unless the rules of the competition forbid such a practice.  The Executive Board reserves the right to withdraw a team from competition if the brief is not of reasonably high quality.

h.       Transcript Credit Requirements

                                                               i.      To receive an academic credit to Moot Court, a Board Member must:

1.      participate in an inter-scholastic competition;

2.      participate in at least four (4) mootings or ten (10) hours of practice, whichever is greater, prior to the competition; and

3.      complete any requirements as set forth by the Office of the Dean of the Law School.

i.         Reimbursement Policy

                                                               i.      Anything done on behalf of the Moot Court Board, and authorized by the President or Treasurer, shall be paid for using Moot Court funds.

                                                             ii.      The Treasurer shall distribute the funds.  Board Members (with the exception of Executive Board members making necessary Board expenditures) seeking funds must first seek approval from the Treasurer at least forty-eight (48) hours before incurring any expense.

                                                            iii.      Any Board Member seeking reimbursement for a Moot Court expense must submit:

1.      receipts for each cost incurred; and

2.      a reimbursement form, to include:

a.       name;

b.      address;

c.       Social Security number or Student Identification number;

d.      explanation of the expense; and

e.       total of the expense.

                                                           iv.      All reimbursement is subject to the discretion of the Treasurer.  The President, as well, reserves the right to veto any expense that the President finds is not within the best interest of the Board.

                                                             v.      Moot Court Board members participating in inter-scholastic competitions shall be reimbursed in accordance with the following provisions:

1.      Fees.

a.       All competition entry fees shall be paid in full.

b.      Postage and photocopying costs shall be reimbursed in full.  This does not include express or overnight mail.

c.       Expenses incurred during the research and writing phase of the brief shall not be reimbursed.

2.      Accommodations.

a.       Each team shall be reimbursed at least seventy-five percent (75%) of the cost of one (1) double-occupancy hotel room.

b.      The amount reimbursed, however, shall not exceed on hundred fifty dollars ($150.00) per night.

c.       Hotel accommodations for the night prior to the beginning of a competition shall not be reimbursed if the competition rounds begin after 1:59 p.m. and the competition is with 120 miles of Richmond, VA.

d.      If a team is co-ed and competitors are more comfortable staying in separate rooms, the Board shall reimburse at least 75% of the cost of both rooms, not to exceed three hundred dollars ($300.00).

e.       The Board shall reimburse the total cost of one (1) hotel room reserved for any coach who travels with an inter-scholastic team to an out-of-town competition.

3.      Transportation

a.       If the competition is within 250 miles of Richmond, VA, the team will only be reimbursed for driving expenses subject to the following limitations:

                                                                                                                                       i.      only one (1) car may be used per four (4) team members;

                                                                                                                                     ii.      each team driver shall be reimbursed at the minimum per mile rate allowed by law; and

                                                                                                                                    iii.      each team driver shall be reimbursed in full for all tolls.

b.      Airfare, train fare, and bus fare shall be reimbursed at least seventy-five percent (75%), not to exceed three hundred seventy-five dollars ($375.00) per competitor.  The fare must be reasonable, purchased well in advance, and coach class.

4.      Per diem

a.       Each competitor shall be reimbursed at least twenty-five dollars ($25.00) per day.  Receipts shall be required.

5.      Board members are expected to cover the costs of any expense not covered by the Moot Court Board.  Members shall cover the remaining expenses by means of fund-raising, loans, donations, scholarships, the use of personal funds, or any other method available to them.

VI.              Carrico Moot Court Competition

a.       Nature of the Competition

                                                               i.      The Carrico Moot Court Competition shall be administered by the Intra-scholastic Competitions Chair (Oral) and the Intra-scholastic Competitions Chair (Written).

                                                             ii.      The Moot Court Board shall hold the Carrico Moot Court Competition every year in the fall semester for second-year law students.

                                                            iii.      All Moot Court Board members shall be required to attend the final round of the competition.

b.      The Brief

                                                               i.      The competition shall be an appellate style oral argument consisting of two issues.

                                                             ii.      Each team will consist of two (2) students.  In the event that a student does not have a partner, another single student may be assigned.  In the event that there are no single students, that competitor shall be allowed to write a brief on only one (1) issue.

                                                            iii.      The briefs shall conform to the Rules of the Supreme Court of Virginia.

                                                           iv.      Each competitor shall be assigned a competition number and shall use only this number to identify themselves on the brief.  This number shall not be the competitor’s anonymous grading number or Social Security number.

                                                             v.      Each competitor shall write one (1) issue and annotate on the cover which issue was written by which competitor.  The remaining portion of the brief may be co-authored.

                                                           vi.      Brief scores shall be published at the end of the competition in the most convenient location.

c.       Oral Arguments

                                                               i.      Once the briefs are submitted, each competitor is graded and shall proceed through the competition, individually and not necessarily with the original brief-writing partner.

                                                             ii.      The top sixty-four (64) scores shall advance to the oral argument portion of the competition.

                                                            iii.      In the event that less than sixty-four (64) students submit briefs, all of the students who submitted briefs shall advance, and the rest of the bracket shall be filled randomly with byes.

                                                           iv.      The oral argument phase of the Carrico Moot Court Competition shall be double elimination.  Double elimination shall proceed as follows:

1.      The two (2) competitors in each bracket receiving the highest total score shall advance to the next round in the same bracket.

2.      The remaining two (2) competitors in each bracket shall be placed in the “B” bracket.  In the event that a competitor in the “B” bracket does not advance, that competitor shall be eliminated from the competition.

                                                             v.      Competitors shall be randomly assigned an issue upon which to argue.  No effort shall be made to allow any competitor to argue the issue upon which that competitor wrote except in the initial round.  Once assigned as issue, competitors may not take it upon themselves to switch with another competitor.

                                                           vi.      Each round shall be graded by at least two (2) judges.  In the event that there is a shortage of judges, available faculty or a smaller panel shall grade the round.

d.      Scoring

                                                               i.      The briefs shall be graded by the Brief Grading Committee and any other necessary Board members.  This score shall be based upon, but is not limited to, format, citations, persuasiveness, and clarity.

                                                             ii.      The oral argument shall be graded by the judges of each round.

                                                            iii.      The total score for a round is computed by taking a percentage of the average oral argument score for that round and adding it to a percentage of the brief score.  The brief score shall be used to break a tie.

                                                           iv.      Once the competition reaches the point where there are only sixteen (16) competitors remaining, the brief scores will no longer be a factor in the total score.  Competitors will advance, if at all, solely on the oral argument score.

e.       Final Round

                                                               i.      The Final Round shall be held in the Moot Courtroom.

                                                             ii.      Students, faculty, staff, and guests are invited to attend.

f.        Any student dropping out of the competition after briefs are turned in shall not be eligible to compete in any future Moot Court competitions, either intra- or inter-scholastic.  This decision is subject to appeal to the Strike Appeals Board under extenuating circumstances.  It is within the Intra-scholastic Competitions Chair’s (Oral) discretion to invite the competitor with the next-highest brief score to compete.  Students who decline to compete after being extended this invitation are still eligible to compete in future competitions.

g.       The Moot Court Executive Board reserves the right to make any necessary changes to the rules or requirements of the Carrico Moot Court Competition.

VII.            Barnett Moot Court Competition

a.       Nature of the Competition

                                                               i.      The Barnett Moot Court Competition shall be a pre-trial motion style oral argument and should be taken from the Law Skills II curriculum where practicable.

                                                             ii.      The competition shall be administered by the Intra-scholastic Competitions Chair (Oral) and the Intra-scholastic Competitions Chair (Written).

                                                            iii.      The Moot Court Board shall hold the Barnett Moot Court Competition every year in the spring semester for first-year students.

                                                           iv.      All Moot Court Board members shall be required to attend the final round of the competition.

b.      The Brief

                                                               i.      Each competitor will work on his or her own.

                                                             ii.      The briefs shall conform to the Rules of the Supreme Court of Virginia and the Federal Rules of Civil Procedure or the Federal Rules of Criminal Procedure as appropriate.

                                                            iii.      Each competitor shall be assigned a competition number and shall use only this number to identify himself or herself on the brief.  This number shall not be the competitor’s anonymous grading number or Social Security number.

                                                           iv.      Brief scores shall be published at the end of the competition in the most convenient location.

c.       Oral Arguments

                                                               i.      The top sixty-four (64) scores shall advance to the oral argument portion of the competition.

                                                             ii.      In the event that fewer than sixty-four (64) students submit briefs, all of them shall advance, and the rest of the bracket shall be single elimination.

                                                            iii.      The oral argument phase of the Barnett Moot Court Competition shall be single elimination.

                                                           iv.      Competitors shall be randomly assigned an issue upon which to write.  No effort shall be made to allow any competitor to argue the issue upon which that competitor wrote, except in the first round.  Once assigned an issue, competitors may not take it upon themselves to switch with another competitor.

                                                             v.      Each round shall be graded by at least two (2) judges.  In the event that there is a shortage of judges, available faculty or a smaller panel shall grade the round.

d.      Scoring

                                                               i.      The briefs shall be graded by the members of the Brief Grading Committee and any other necessary Board members.  This score shall be based upon, but not limited to, format, citations, persuasiveness, and clarity.

                                                             ii.      The oral arguments shall be graded by the judges of each round.

                                                            iii.      The total score for a round is computed by taking a percentage of the average oral argument score for that round and adding it to a percentage of the brief score.  The brief score shall be used to break a tie.

                                                           iv.      Once the competition reaches the point where there are only eight (8) competitors remaining, the brief scores will no longer be a factor in the total score.  Competitors shall advance, if at all, based solely on the oral argument scores.

e.       Semi-final and Final Rounds

                                                               i.      The semi-final round shall be held in the Moot Courtroom when practicable.

                                                             ii.      The final round shall be held in the Moot Courtroom.

                                                            iii.      Students, faculty, staff, and guests are invited to attend.

f.        Any student dropping out of the competition after briefs are turned in shall be ineligible to compete in any future Moot Court competition, either intra- or inter-scholastic.  This decision is subject to appeal to the Strike Appeals Board under extenuating circumstances.  It is within the Intra-scholastic Competitions Chair’s (Oral) discretion to invite the competitor with the next highest brief score to compete.  Students who decline to compete after being extended this invitation are still eligible to compete in future competitions.

g.       The Moot Court Executive Board reserves the right to make any necessary changes to the rules or requirements of the Barnett Moot Court Competition.

VIII.         By-law Amendment Procedures

a.       Amendments may be proposed by:

                                                               i.      a two-thirds (2/3) vote of the Executive Board; or

                                                             ii.      a petition of one-third (1/3) of the membership of the Moot Court Board.

b.      Proposed amendments shall:

                                                               i.      be in writing;

                                                             ii.      state with specificity the language of the by-laws to be amended;

                                                            iii.      state with specificity the changes to be made;

                                                           iv.      be delivered to the President, who will present the proposal at the earliest meeting of the Moot Court Board; and

                                                             v.      be made available to the Moot Court Board at the earliest convenience.

c.       Voting

                                                               i.      Voting shall take place within three (3) weeks of presenting the proposal.

                                                             ii.      All members of the Board shall be eligible to vote.

                                                            iii.      Voting shall be administered by the Secretary.

                                                           iv.      Absentee ballots may be obtained from the Secretary who will sign and date the ballots.  Ballots must be secured within seven (7) days of the election.

                                                             v.      A proposal shall be adopted upon a vote of two-thirds (2/3) of the total membership of the Moot Court Board.

d.      Effect

                                                               i.      Any amendments to the requirements for membership shall not apply retroactively, unless specifically stated in the amendment.

IX.              Honor Code

a.       The Executive Board shall have the discretion to sanction students convicted of an Honor Code offense.

X.                 Order of the Barristers

a.       The Secretary shall be responsible for maintaining membership with the Order of the Barristers immediately upon assuming the responsibilities of the office.

b.      The Dean’s office and faculty shall have a final approval of membership in the Order of the Barristers.  The Executive Board, however, shall submit a list of not more than ten names for consideration.