Kelly & Co. FLSA First Year Moot Official Rules

 

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The Rules

 

1.      Registration
Registration for First Year Mooting will occur in weeks 1-3 (second semester).

1.1.  Mooting will begin in week 4.  Participants will be notified one (1) week before their moot is to take place.

2.     Teams

2.1.  Teams will consist of two (2) students.

2.2.  The allocation of senior and junior counsel is at the discretion of the team members.

3.     Competition Structure

3.1.  The competition consists of two (2) preliminary rounds, quarter-finals, semi-finals and a grand final.

3.2.  Preliminary Rounds Procedure

3.2.1.     The scores across the two (2) preliminary rounds will be averaged, and the 16 individuals with the highest scores will progress through to the quarter-finals.

3.2.2.     Individuals with tied scores will be ranked according to their highest individual moot score.

3.2.3.     If the individuals remain tied, the individuals will progress to the quarter-finals based on a coin toss conducted by the Competitions Coordinator in charge of the competition.

3.2.3.1.         If there is a conflict of interest between the Competitions Coordinator and one or more of the individuals concerned then another member of the Competitions Team shall conduct the coin toss.

3.3.  Final Rounds Procedure

3.3.1.     The individuals proceeding to the Quarter-Finals and Semi-Finals will be announced after the conclusion of the preceding round.

3.3.2.     Individuals will be placed into teams based on their availability.  Teams who make it through to the finals will not be split up.

3.3.3.     The draw for the Quarter-Finals is as follows (subject to each team’s availability):
Quarter-Final 1:  Team 1 v Team 8
Quarter-Final 2:  Team 2 v Team 7
Quarter-Final 3:  Team 3 v Team 6
Quarter-Final 4:  Team 4 v Team 5

3.3.4.     The draw for the Semi-Finals is as follows (subject to each team’s availability):
Semi-Final 1:  Team 1 v Team 4
Semi-Final 2:  Team 2 v Team 3

3.3.5.     Teams will be allocated to sides by random draw.

3.3.6.     The Grand Finalists will be placed into teams based on the following structure:
Team 1:  Individuals 1 and 2
Team 2:  Individuals 3 and 4

3.3.7.     The winners of the Grand Final are announced after the conclusion of the Grand Final.

4.     Release of Questions

4.1.  Questions will be released two days before the scheduled moot is to take place.

4.2.  The questions will be based on the following areas of law only:

4.2.1.     Tort law;

4.2.2.     Contract law;

4.2.3.     Criminal law; and

4.2.4.     Public law.

5.     Research and Preparation

5.1.  All research and preparation for moots must be conducted solely by the team members.

5.2.  The Competitions Coordinator for mooting, at his or her discretion, may disqualify any team for using outside assistance.

5.3.  Unless otherwise stated, all moots will be heard as if in the Supreme Court of South Australia; jurisdiction to hear the case will be assumed.

5.3.1.     Procedural submissions must not be made during moots.

5.4.  Lists of materials may be issued with any preliminary round question and are intended as a guide only.  Mooters may use additional cases at their discretion.

5.5.  Where issues of legislation are to be argued, this will be specifically referred to in the moot problem or list of materials.  Otherwise, argument is limited to the common law.

6.     Judging and Scoring

6.1.  Every moot with the possible exception of the Grand Final is to be heard by a single judge.

6.2.  The Grand Final may be heard by one, three or five judges.

6.3.  Judges shall be provided with a one page summary of the issues in the question or the question itself.

6.4.  A marking schedule will be provided to all judges in marking each individual.

6.5.  Each judge will award each team member a mark out of 100.  These marks will be allocated as follows:

6.5.1.     Organisation of Presentation – 10 marks

6.5.2.     Development of Argument – 25 marks

6.5.3.     Questions from the Bench – 30 marks

6.5.4.     Speaking Ability and Delivery – 25 marks

6.5.5.     Written Submissions – 10 marks

7.     Penalties

7.1.  The following penalties will apply:

7.1.1.     Continuation of oral submissions beyond the time limit without the Judge’s express permission:  two (2) marks for every minute or part thereof.

7.1.2.     Late submission of written submissions to the Competition Coordinator in charge or their appointee:  five (5) marks for every ten (10) minutes or part thereof.

7.2.  Judges do not have the discretion to dispense with these penalties.

7.3.  Where a penalty is levied against a team, the penalty will be divided equally amongst counsel for that team.

7.4.  The Competition Coordinator has the discretion to dispense with these penalties having regard to all the relevant circumstances.

8.     Appeals

8.1.  All appeals can be made to the First Year Moot Competitions Coordinator by written submission within 24 hours of the moot occurring.

9.     Written Submissions

9.1.  In each round competitors must submit the number of copies of Written Submissions as specified by the Competitions Coordinator.

9.2.  Those copies must be submitted to the Competitions Coordinator or their appointee two (2) hours prior to the commencement of each moot, at the FLSA Office.

9.3.  Penalties apply if Written Submissions are submitted late.

9.4.  The Written Submissions must contain:

9.4.1.     An outline of the structure of the team’s submission.

9.4.2.     Major arguments to be raised.

9.4.3.     A list of the authorities on which counsel rely.

9.5.  Each individual must format their Written Submissions in accordance with the standard submission in these rules.

9.6.  Written Submissions must not exceed three (3) pages in length.

10.  The Moots

10.1.    After a formal introduction to the bench each team will present their case.

10.1.1.     Time for the preliminary rounds of moots will be ten (10) minutes.

10.1.2.     Time for all subsequent rounds will be fifteen (15) minutes.

10.1.3.     Time for the Grand Final will be twenty (20) minutes.

10.2.    Penalties apply if counsel exceeds their allocated or extended time.

10.3.    Judges may grant an extension of time of up to five (5) minutes per team.

10.4.    There will be no right of reply.

10.5.    Nothing may be handed up to the judge(s).

 

11.   Forfeiture

11.1.    Any person that forfeits a moot will be deemed to have lost that moot.  Counsel forfeited will be deemed to have a mark of zero (0) for that moot.

11.2.    Any counsel who is opposed against a forfeited counsel must still moot ex parte to gain their points.

11.3.    Any person who forfeits a moot is excluded from competing in the Quarter-, Semi- or Grand Finals.