Transcript
RGNUL INTRA MOOT COURT COMPETITION, 2017 MOOT PROPOSITION
1. WESTEROS, officially the Republic of Westeros, is a country in South of Essos. It is the home of around 1.2 billion people having distinct and unique cultural background. It is famous across the globe for its more than 1000 year year’s ’s old traditions. Westeros is a Federation with a parliamentary system government under the constitution of Westeros, which serves as the country’s supreme legal document by which all other organs derive their powers. Westeros is composed of 29 states and 7 union territories. In 1956, 1956, the states were re-organized on the basis of linguistic and cultural grounds under the State Re-Organisation Act, 1956. 2. Lannisport in Westeros is known for its unique culture and religious practices. The state is composed mainly of Lannisters, who are wealthy but are in minority in comparison to other population of Westeros. The state is composed largely of Cerseian speaking population and known f or or its grand cultural festival called ‘ Harvest
Feast’ which
is
ऊंट ट ) -Dangal celebrated in the month of March every year. ‘ Oont ( ऊं -Dangal ’ is a traditional event involving camels held in the state of Lannisport as a part of Lannisport’s Lannisport’s ‘Harvest Feast’. Feast’. In Oont ( ऊं , the participant try to embrace the camels. Camels are bred ऊट ट ं )-Dangal specifically by people of all the villages in Lannisport for the event and attended mainly by the Rajwadi Camels. A Rajwadi Camel is like the head of all camels in a village village and special rituals and worships are performed for the camel on important days. A Rajwadi camel since ancient days are trained to fight in battle, these are known for their agility and fierceness. During Oont ( ऊं ऊंट ट ) -Dangal -Dangal , prizes are announced to encourage the youth to participate. After the event, tamed weak camels are used for domestic activities and agriculture while untamable strong camels are used for mating. Thus, wild generation of camels are inherited to its next generation, even though these camels are domesticated a very long time ago. Apart from the traditional values attached to this event various scientific studies have proven that this is one of the best way of breeding. Further, the studies have shown that calves born from the mating of Rajwadi Camels and other female camels have higher immunity and less prone to diseases. 3. OONT (ऊंट ) -DANGAL has been known to be practiced during Lannisport classical ट)-DANGAL period since last 2000 years. Later, it became a platform for display of bravery and prize money was introduced for participation encouragement. A Seal from Westeros Valley Civilization depicting the practice is preserv ed ed in the National Museum of King’s
Landing, capital of Westeros. Similarly in ‘Cave of Three eyed Crows’, several cave paintings can also be found which depicts a lone man trying to control a camel and which is estimated to be about 3,500 years old. OONT ( ऊट is the pride of ं )-DANGAL Lannisport culture and thus, the people take every care to ensure the fair conduction of the competition. The calves that are reared to become camels are fed a nutritious diet so that they develop into strong and sturdy animals. In general, camels are trained to not allow strangers to come near them. Before camels are released in gate, they are subjected to medical tests under the government vets including alcohol and substance that will aggravate the camels. The human participants in the event are also said to undergo medical tests as well as are tested for alcohol. 4. Since 2004, Federation of Westeros Animal Protection Agencies (FWAPA) and PETA Westeros have started protesting against the practice of Oont ( ऊट The Animal ं )-Dangal. Board of Westeros (ABW) filed a case in the Supreme Court of Westeros for an outright ban on ‘Oont ( ऊट of the cruelty to animals and threat to public safety ं )-Dangal’ because involved. It was claimed by the protestors that ‘Oont ( ऊंट )-Dangal’ is promoted to camel taming it exploits the camel’s natural nervousness as prey animals by deliberately placing them in a terrifying situation in which they are forced to run away from those they perceive as predators and the practice effectively involves catching a terrified animal. 5. In 2010, the Supreme Court permitted the Lannisport government to allow ‘Oont ( ऊंट ) Dangal’ and directed the District Collectors to make sure that animals that participate in registered to the Animal Welfare Board and in return the Board ं )-Dangal’ are ‘Oont ( ऊट would send its representatives to monitor over the event. 6. The Ministry of Environment and Forests issued a notification in 2011 that banned the use of camels as performing animals, thereby banning the event. But the practice of Oont ( ऊट continued to be held under the Lannisport Regulation of Oont ं )-Dangal ( ऊट Act, Act No 35 of 2009. In 2014, the Supreme Court struck down the State ं )-Dangal law passed by Lannisport government and banned Oont ( ऊट altogether further ं )-Dangal stating that any violations would bring heavy penalties. The Court also asked the Centre to amend its law on cruelty to animals to bring camels within its ambit. 7. This witnessed wide-spread protests by youths and youngsters across the state of Lannisport. Nearly 28000 youths protested in front of the State legislature building in King’s Landing following the ban. In the meanwhile, the Famous Lannisport Film super
star, Mr. Tyrion Lannister gave an interview to a leading national magazine in which he said:
ं )-Dangal “Oont ( ऊट is a cultural symbol of our state and it is our pride too. We have been practicing this art of valour for years and it is utterly disgraceful when some groups and individuals are terming this art as cruelty. If this cultural practice is cruelty then there should be an outright ban on eating all non-vegetarian food across the country. Also we should ban all animal slaughter-houses across the country and major sports like horse racing, Buffalo-racing, bullock-cart racing as the gravity of cruelty is obviously more in those sports ” These excerpts from the Tyrion Lannister’s interview literally set the state of Lannisport on fire which resulted in mass protests across the state and in some places even resulting some minor casualties and human injuries. 8. On January 2016, the Ministry of Environment and Forests through its official notification permitted the continuation of the tradition under certain conditions, effectively ending the ban. In addition to this, the Governor of Lannisport also promulgated a special ordinance. The object and purpose of Ordinance was to protect camels in particular Rajwadi Camels. It was also necessary to protect the local ways, traditions providing for effective manner of breeding and increasing immunity of camels . All the formalities with respect ordinance was duly complied by the state of Laninsport. 9. Suspecting the arbitrary and sudden nature of the notification of Ministry of Environment and Forests, the Animal Welfare Board of Westeros filed a petition in the Supreme Court of Westeros challenging the constitutional validity of the notification and also challenging the validity of ordinance promulgated by the Governor. 10. On 14th January, 2016, the Supreme Court of Westeros issued a stay order against the Notification and also issued notices to Central Government and Government of Lannisport to seek complete ban on Oont ( ऊट until final disposal of the ं )-Dangal present case. On 16th January 2016, the House of Lannisters, an NGO working for preservation of cultural rights of Lannisters, filed a separate petition in the Supreme Court requesting the court to lift the ban immediately as it prevents them from enjoying their cultural rights. 11. The Supreme Court agreed to hear the contentions raised & clubbed all petitions together for final oral hearings and arguments. The matter is listed for final adjudication. Laws of Westeros are pari materia with the Laws of India.
THE RGNUL INTRA MOOT COURT COMPETITION RULES 2017
THE RGNUL INTRA MOOT COURT COMPETITION RULES, 2017 CHAPTER I - PRELIMINARY 1. Short Title and Commencement: (1) These Rules may be called the RGNUL Intra Moot
Court Competition Rules, 2017. (2) These Rules shall come into force on 1 st of May 2017. 2. Definitions: Unless otherwise provided, the words used in the Rules shall be construed as
defined hereinafter – a. “Administration” means the administration of the University and shall include decisions of the committee. b. “Committee” means the RGNUL Moot Court Committee. c. “Competition” means the RGNUL Intra Moot Court Competition. d. “Draw of Lots” means the picking up of chits by the teams in order to determine the fixture of the competition. e. “Hard Copy” refers to the printed version of the written submission submitted to the committee. f. “Moot Proposition” means the case or the fact sheet released by the committee for the purpose of the competition. g. “National Moot Court Competition” means various moot court competitions, national or international, including National Rounds of International Moot Court Competitions organized by various colleges, universities and institutions in and outside India wherein the University shall be represented. h. “Oral Rounds” means the oral pleadings presented by the teams before the judges. i. “Researcher’s Test” means the written test for the researchers. j. “Rules” mean the RGNUL Intra Mo ot Court Competition Rules, 2017.
k. “Soft Copy” refers to the electronic version of the written submission mailed to the committee on
[email protected]. l. “Team” means the team having composition as mentioned in Rule 4 and is registered by the committee under Rule 5 for participating in the competition. m. “Team Code” means the unique code that shall be pro vided to the registered teams and shall be used by the teams for all further communications. n. “University” means Rajiv Gandhi National University of Law, Punjab. o. “Written Submission” means the document prepared by the team in accordance with Rule 8.
CHAPTER II – ELIGIBILITY & TEAM COMPOSITION 3. Eligibility: All the students of the University, who are in their Second year or onwards, pursuing
five year integrated course of B.A. LL.B. (Hons.) are eligible for taking part in the RGNUL Intra Moot Court Competition, 2017. Provided that students who have been barred from participating by the Committee under any foregoing Rules of the Committee or by the order of the Administration shall not be eligible for taking part in the Competition.
4. Team Composition: A team shall comprise of three members out of whom two shall be
designated as speakers while one shall be designated as the researcher Provided that same person cannot be designated as the speaker as well as researcher.
5. Registration: The scanned copy of the Registration form mentioned in Schedule IV shall be
sent to
[email protected] on or before the date of registration. No entries after the registration date shall be entertained by the Committee . 6. Allotment of Team Code: Every team registered for the competition shall be allotted a unique
code which shall be used by it for all further communications with the Committee.
CHAPTER III – FORMAT OF THE COMPETITION 7. Format of the Competition: (1)The Competition will be held in two stages:
a) Memorial Selection Round b) Oral Pleading Round
(2) Only the teams qualifying the Memorial Selection Round will be eligible the Oral Pleading Rounds and Researchers’ Test 8.
Memorial Selection Round: (1) All registered teams compulsorily have to go through a
Memorial Selection Round. (2) Each team shall be submitting memorials from both sides i.e. Appellant/Plaintiff/Petitioner and Defendant/Respondent. Memorials from both sides shall be marked as per the criteria mentioned in Schedule II. (3) The selected teams, on the basis of their aggregate memorial scores, will be eligible to participate in the Oral Pleading Rounds and Researchers’ Test. The aggregate memorial scores
shall be calculated as follows: Aggregate Memorial scores = Memorial Scores of Both sides - Penalty (formatting,
footnoting, and other like penalties)-Penalty for late submission. 9.
Researcher’s Test:
(1) There shall be a researcher’s test for the teams that have qualified the
memorial selection rounds. Only the individual designated as ‘researcher’ in the registration
form shall be allowed to take Researcher’s Test. (2) Researcher’s test shall be of 100 marks.
(3) The format of the test shall be subjective as well as objective. (4) The duration of the test shall be 90 minutes. Provided that the format and duration of the Researcher’s Test may change according to the Committee’s decision without any prior notification as to the same.
10. Orals Rounds: (1) Each team that has qualified memorial rounds shall be arguing from one side only. That Side shall be decided on the basis of draw of lots. Each team shall be allotted a
maximum time of 30 minutes inclusive of time for rebuttals and sur-rebuttals. (2) Every speaker can speak a maximum of 18 minutes subject to minimum time of 12 minutes. (3) Extra time shall be at sole discretion of judges.
(4) Speakers in the oral rounds shall be marked in accordance with the marking criteria as provided under Schedule III of the Rules and as determined by the Committee from time to time. (5) Individual speaker Scores shall be calculated as following: Speaker Score = Score in oral rounds + Memorial scores (same as calculated in Rule 8) 11. Computation of Aggregate Score: The aggregate score of a team shall be computed as the
total of a. Score of Speaker 1; b. Score of Speaker 2; c. Score of Researcher’s Test; and d. Memorials’ Score (calculated as per the Rule 8) 12. Arrangement of Ranking: The committee shall be declaring the following rankings:
a) Speaker Ranks: Speakers shall be ranked according to the individual speaker scores calculated as per Rule 10 . b) Researcher Ranks: Researchers shall be ranked according to the individual Researchers score. The researcher score shall be calculated as follows: Researcher scores: Marks scored in Researcher Test + Memorial Scores (same as
calculated in Rule 8) c) Memorial Rankings: Memorial shall be ranked as per the aggregate memorial scores calculated in Rule 8. d) Team Rankings: The teams shall be ranked on the basis of below mentioned criterion – a. The teams shall be first differentiated on their cumulative aggregate score as per Rule 11 b. If the tie subsists, the team with the higher aggregate speaker score will be allotted the higher rank; c. If the tie still subsists, the team with the higher researche r’s will be allotted the higher rank;
d. If the tie still subsists, the team with the higher memorial score will be allotted higher rank; e. If the tie still subsists, then the rank shall be determined by the toss of coin. 13.Results: (1) The results of the Memorial Selection Rounds will be declared as on the date so
notified by the Committee. (2) The results of the Oral Pleading Rounds shall be declared soon after the conclusion of Rounds. 14.Publication of Final Result and Allotment of Moots: Notwithstanding anything contained in
these Rules, the final result published at the conclusion of the Competition shall consist
of
Team Rankings, Individual ranking list of speakers Researchers and Memorial scores which shall, subject to the RGNUL Allotment of National and International Moot Court Competition Rules, be considered for all future purposes. The ranking and scores once declared shall be final and binding.
CHAPTER IV WRITTEN SUBMISSIONS – 15. Written Submission: (1) The written submissions shall be submitted by the teams from both
the sides after the allotment of team codes. (2)The written submission shall be submitted in soft copy as well as hard copy. 16.Parameters for the Written Submission: (1) Each team shall submit the written submission
only containing pages as mentioned in the schedule I of the rules. The pages in the said schedule shall be inclusive of the footnotes. (2) Printing: The written submission shall be printed on both sides of A4 pages with proper page numbering. (3) Font Type: The text and footnote of written submission shall be either in Times New Roman or Garamond. (4) Font Size: The font size of the text shall be in 12 points while that of footnotes shall be 10 points. (5) Line Spacing: The line spacing shall be 1.5 for the text and 1 for the footnotes. (6) Footnote Style: The Harvard Blue Book Style (19th Edition) of footnote shall be followed strictly.
(7)
Colour
of
Cover
Page:
The
written
submission
from
the
side
of
the
petitioner/appellant/complainant must have light blue paper as cover page. On the other hand, the written submission from the side of the respondent/defendant must have light red paper as cover page. (8) Team Code: The written submission shall contain the team code on the right corner of the cover page and no other identification of the team shall be there other than the team code on the cover page. (9) Binding of Written Submission: Since the University encourages eco-friendly practices hence, it is recommended that the teams bind their written submission with thread or staple the pages and tape the same or use any eco-friendly method of binding. (10) The written submissions shall be marked on the parameters which are laid down under Schedule II of the Rules and as determined by the committee. 17. Submission Soft Copy of Written Submission: The soft copies of the written submissions
shall be sent in .doc or .docx or .pdf formats via email to the committee on or before the notified date on
[email protected]. All the contents of the soft copy of the written submission shall be mailed as a single file. The file shall be sent as an attachment and the file name shall be the team code allotted. 18. Submission of Hard Copy of Written Submission: Only teams that have qualified memorial selection rounds are required to submit the hard copies to the committee on or
before the notified date. The hard copy shall be a replica of the soft copy submitted. Every team shall submit three hard copies of the written submission.
CHAPTER VI - PENALTIES 19. Penalty for late submission of written submission: If the team fails to submit the soft copy
of the written submission; and hard copy of the written submission within the time as stipulated by the committee, such team shall be have a deduction of one mark per hour per side in the memorial marks. 20. Penalty for exceeding the page limit: If the team exceeds the page limit of the written
submission under Schedule I, such team shall be penalized with deduction of two marks per extra page in the written submission.
21. Difference between hard copy and soft copy of Written Submission: If there exists
discrepancy between the soft and hard copy of the written submission, then such team shall be disqualified from the competition . 22. Penalty for violation of any other Parameter: Whichever team violates any other rule
provided under Rule 16 shall be punished with deduction of 1 mark per side per such violation. 23. Scouting: No team shall be allowed to hear or see the Oral Rounds of any other team until the
Oral Round of that team is completed. If any team is found indulged in scouting, it shall be disqualified from the Competition. 24. Punishment for use of Unfair Means: Any person or team found indulging in use of any
unfair means during the course of competition shall be punished with disqualification from competition and shall be deemed to be ineligible for participating in any National and International Moot Court Competitions notified by the Committee during that academic year .
Provided that no punishment under this Rule shall be levied unless an opportunity to present his/her case is given to the delinquent. 25. Punishment for Violation of any Rule: Any person or team found in violation of any
provisions of this Rules or any other Rules made by the Committee for the Competition shall be liable with punishment of not less than deduction of 10% of his total score but not more than deduction of 20% of his total score.
CHAPTER VII - MISCELLANEOUS 26. Clarification: Any team having any doubt regarding the moot proposition or registration or
any other rule shall mail the same to
[email protected] on or before the date as shall be notified by the committee. In case of any discrepancy the decision of the committee shall be final and irrevocable. 27. Copyright: The copyright with regard to the memorials submitted for the participation in the
Competition is assigned by participants and shall also vest completely and fully with the Organizers. The participants shall certify the originality of the memorials and the materials used and shall be responsible for any claim or dispute arising out of further use and exhibition of
these materials. The Organizers shall have the right to publicly display, distribute either electronically or otherwise and they shall not be responsible for any liability to any person for any loss caused by errors or omissions in this collection of information, or for accuracy, completeness or adequacy of the information contained in these materials. 28. Power to Amend or Alter Rules: The rules mentioned herein are not exhaustive. The
Organizers reserve the right to alter, amend or add to the rules mentioned herein at any point of time. All decisions made by Organizers in case of any disputes, doubts or related issues shall be final and binding. Imposition of all penalties including disqualification rests solely with the organizers in case of failure to comply with the rules mentioned herein. 29. Contact Details: In case of any queries or clarifications regarding the competition feel free to
mail your queries at
[email protected]. 30. Dress Code: The participants shall adhere to following dress code when present in any court
room during the Competition. a. Ladies: White salwar and kurta or white shirt and black pant or skirt along with black coat and black shoes; and b. Gentlemen: White shirt, black trousers and black tie along with black coat and black shoes. 31. Language: The language of the Competition shall be English only.
SCHEDULE I
HEADINGS OF THE P AGES
M AXIMUM P AGES
Cover Page
1
Table of Contents
No Limit
List of Abbreviations
No Limit
Index of Authorities
No Limit
Statement of Jurisdiction
1
Statement of Facts
2
Issues Raised
1
Summary of Arguments
3
Body of Arguments
15
Prayer/Relief
1
SCHEDULE II
M ARKING CRITERIA
M AXIMUM M ARKS A LLOTTED
Evidence of Original Thought
20
Knowledge of Law and Facts
Proper and Articulate Analysis
Clarity and Organization
Grammar and Style
Correct format and Citation
Extent and Use of Research
TOTAL
20
20
10
10
10
10
100
SCHEDULE III
M ARKING CRITERIA
M AXIMUM A LLOTTED M ARKS
Knowledge of Law
20
Application of Law and Facts
20
Ingenuity and Ability to Answer Questions
20
Style, Poise, Courtesy and Demeanour
15
Organization and Flow of Arguments
15
Reference to Written Submission
10
TOTAL
100
SCHEDULE IV
REGISTRATION FORM SPEAKER 1 N AME: _________________________________________________________ Y EAR OF S TUDY : _____________
R OLL NO.: _____________________
CONTACT NO.: _______________
EMAIL ID: ______________________
SIGNATURE SPEAKER 2 N AME: _________________________________________________________ Y EAR OF S TUDY : _____________
R OLL NO.: _____________________
CONTACT NO.: _______________
EMAIL ID: ______________________
SIGNATURE R ESEARCHER N AME: _________________________________________________________ Y EAR OF S TUDY : _____________
R OLL NO.: _____________________
CONTACT NO.: _______________
EMAIL ID: ______________________
SIGNATURE
IMPORTANT D ATES
Release of Moot Proposition
1 May, 2017
Last Date of Registration
10 June 2017
Last date of Seeking clarification
20 June 2017
Last Date of Written Submission(Soft Copy)
20 July, 2017
Last Date of Written Submission(Hard Copy) (Hard copies are to be submitted during draw of lots.)
4 August, 2017
Researchers’ Test
4 August, 2017
Draw of Lots and Exchange of Memorials
4 August, 2017
Dates of the Competition
5 August, 2017
