/ Rayat College of Law, Railmajra

Moot Rules

Rules and Regulations of 4th RCL National Moot Court Competition, 2016

Definitions:

These rules are to be called, the, Rules for the 6th Rayat College of Law National Moot Court Competition, 2016.

Whereas, organizer means Rayat College of Law, Railmajra (Ropar Campus)

Eligibility for Participation:

The Colleges /Universities/Institutes pursuing with LL.B (Five Year Degree Course/Three Year Degree Course) in the current academic year are eligible to participate in this competition.

Only bonafide students studying in the above said degree course with the respective College/University/Institute are eligible to participate.

Team Composition:

The participating Colleges /Universities/Institutes shall nominate one team consisting of three students for the competition.

Each team in the competition consisting of three students, of which two students shall participate as mooter and one researcher for all the rounds. This pattern is to be certified by the Head of the Institution.

In case of any contingency, the researcher may substitute the mooter only with the prior permission of the organizer.

Registration: The last date for Registration is 04-02-2016.

Communication for the same shall be sent on the separate Registration Form annexed herewith, completely filled and duly signed by the Head of the participating University/College/Institute along with a draft worth Rs.1500//- as Registration Fee in the favour of The Principal, Rayat College of Law, Payable at Ropar.

Submission of Memorial

  • The participating team must submit four hard copies of their memorials prepared from both sides i.e. “for” and “against” according to the proposition (4 copies from respective sides i.e. total eight copies), on or before 22-02-2016. The soft copy of the above stated documents be sent to or .
  • Each team will be given a code on submission of memorial.
  • Copies, documents submitted shall be the property of the organization.
  • The participating teams will have to report at 9:00 a.m. on the day of competition at Rayat College of Law, Railmajra.

Rules of Participation:

Format for Memorials

  • The participating teams are required to prepare written submission / Memorial from both the sides, total 8 copies of the memorials will be required to be submitted.
  • Memorial and the oral submissions must be prepared and presented in English only.
  • The body of the memorial shall not be more than 30 to 40 (A4 Size) pages, which consists of the format stated below.
  • The body of the memorial must be double spaced and in font size 12 (Times New Roman)
  • The memorial prepared “in favour of” should have first and last red colour page.
  • The memorial prepared “against” have first and last blue colour page.
  • Name of the college and participants should not be written on the memorial.
  • Speakers shall not be allowed to pass annexure to the judges; instead the teams may make a set compendium of annexure that shall be given to the judges before the start of proceedings.

Memorial Requirements:

Table of Contents:

  1. Index of Authorities
  2. Table of cases
  3. Statement of Jurisdiction
  4. Statement of issues/charge/law points
  5. Statement of Facts
  6. Summary of Pleadings
  7. Body of Pleadings
  8. Prayer
  9. Exhibits/Appendices (Optional)
  10. Verification

Scoring Pattern: The assessment of the teams during the Moot Court Competition shall be out of maximum of 100 marks set out as follows:

Sr. No / Criteria / Marks
1 / Memorial / 20
2 / Application of facts / 10
3 / Understanding of Law & Procedure / 15
4 / Logic & reasoning in application of principles, use of authorities & precedents / 20
5 / Response to questions & articulation / 20
6 / Advocacy skills & court manners / 15

Rounds:

1. Preliminary Round

  • There will be one preliminary round.
  • Each team shall have two pre appointed speakers for each round.
  • The same speakers shall represent the team in all the rounds.
  • The team that will argue first will be decided through a draw of lots.
  • Each team will get 30 minutes, including rebuttal time of 8 minutes. Each speaker (per team) will get 10 minutes(max) to submit oral submissions before the rebuttal.
  • After the second team’s oral submissions and rebuttal, the first team will get 10 minutes for presenting its rebuttal.
  • Memorials will not be exchanged with the opposing teams for this round.
  • The assessment will be based on the scoring pattern provided herein.
  • This will be an elimination round. The decision of the sitting judges will be final.

2. Semi Final Round

  • The first four teams selected from the preliminary round will qualify for the semi final.
  • Both speakers shall argue one side of the problem as a team in this round.
  • The team to argue first, shall be decided through a draw of lots.
  • Each team shall speak for a total time of 30 minutes, including rebuttal time of 8 minutes. Each speaker (per team) will get 10 minutes (max) to submit oral submission before the rebuttal.
  • Memorials shall not be exchanged for this round.
  • After the second team’s oral submissions and rebuttal, the first team will get 10 minutes for presenting its rebuttal.
  • The decision of the judges as to the marks allocated to any team shall be final.
  • This will be an elimination round.

3. Final Round:

  • The two winning teams from semi-final round will make it to the final.
  • Both speakers shall argue one side of the problem as a team in this round.
  • The team that will argue first will be decided through a draw of lots.
  • The time limit for this round shall be 40 minutes for each team. No team shall be permitted to reserve more than 30 minutes (with 15 minutes per speaker) for its oral submissions.
  • The team shall be allotted 10 minutes for rebuttal.
  • Memorials will be exchanged for this round as soon as the results of the semi-final are declared.
  • In case of any tie, the decision of the judges shall be final.

General Rules:

  1. Participants are expected to observe a proper dress code and make their own arrangements for coats, ties or bands.
  2. Students shall not interact with the judges or reveal their identities or the identity of their respective college. Any such attempt shall result in instant disqualification. Colleges will identify themselves to the judges only by the codes given to them at the time of submission of Memorials.
  3. The language of the court shall be English.
  4. The Court will follow its own rules of procedure within the framework of accepted norms of judicial practice. On questions of doubt or dispute in the matter of procedure of facts, the decision of the Court shall be final.
  5. Every team must maintain complete dignity and decorum in the Courtroom. Inappropriate behaviour in the courtroom or blatant disregard for the procedures will result in instant disqualification or defaulting team will be incurred the penalty of 5 points, as per the decision of the presiding judges.
  6. Scouting in any manner is strictly prohibited.
  7. No team member or person directly associated with any team is permitted to attend any round in which the said team is not participating during preliminary rounds.
  8. Each participant must posses his/ her I-Cards on the day of the competition.
  9. Prior intimation for hostel facility is solicited.

Awards:

Following awards shall be distributed during the award ceremony:

  1. The winner of the final round will be declared the “Best Team.”
  2. The runner-up of the final round will be declared the ‘First Runner Up.”
  3. The “Best Mooter” award shall be determined on the basis of the actual oral points secured in the final round.
  4. The “Best Memorial” award shall be declared on the evaluation of the memorials submitted by participating teams.
  5. In addition to the above awards, certificates shall be issued to all the participants.

General Information

Date and Venue: RCL National Moot Court Competition shall be held on 12-03-2016 at Rayat College of Law, Railmajra, S.B.S. Nagar (Punjab)

RAYAT TECHNOLOGY CENTRE OF EXCELLENCE
(6 Kms. from Ropar on Chandigarh-Ropar-Jalandhar Highway)
V.P.O.- Railmajra, Distt. Nawanshahr, Punjab - 144533
Phones: 01881-270500, 270691, 270693
Fax : 01881-270501
E-MAIL: /
WEBSITE:

Ms. Charu Dureja

Assistant Professor in Law –cum- Moot Court Convener M: 9888940621

For queries Contact:

Dr Mahinder Singh , Assistant Professor in Law M: 9217804168

Mrs. Ameeta Verma, Assistant Professor in Law M: 9914422716

Ms. Parneet kaur , Assistant Professor in Law M: 987600693

Students Co-ordinators

Mr. Chetan -- 8054511461

Mr. Ashish Dadwal -- 9988894946

Mr. Pawitter --9780629559

Miss. Jaskiran -- 9915987444

Miss. Navpuneet -- 8557862935

Mr. Madhav -- 8968222355

Mr. Amrinder Saini – 7837244525

Mr. Abhishek -- 9779766060

Mr. Honey Garg -- 8968503001

Miss. Elina -- 9501197425

Moot Problem

Ellong and Moeing are neighboring States. Ellong is an industrial state with a successful market economy and a democratic political system. The State is independent, politically stable, have rich natural resources and hardworking and entrepreneurial citizens have all helped in developing into a leading State in the areas of technological innovation, in particular electronics and communication.

Moeing is located to the south of Ellong. The two nations are divided by the river “Almenia” Although Moeing has a long and proud history (i.e. rich in social and cultural civilization), but has not been as fortunate in its political history as its northern counterpart. A series of military coups and counter-revolutions was the reason for Moeing not having an opportunity to stabilize its political system and become well-functioning State. The State economy is struggling to cope with the demands of globalized economy relations. Its police and military service are in shambles. Citizens do not have employment opportunities and are deprived of basic human needs and thus are forced to leave the State and cross the thunderous river “Almenia” to the neighboring State of Ellong.

Kavita, a young girl of twenty-two years, citizen of Moeing was in love with Mohit, a boy of twenty-eight years. They planned to get married but were fed up of the poverty. Mohit asked Kavita to come to Ellong with him there they can have a good life. He painted a rosy picture of the new life in Ellong, to which Kavita agreed to and on the stated date both of them eloped and crossed the river “Almenia” and reached Ellong. After reaching Ellong, Mohit took Kavita to his relative’s place telling her that till they find a place of their own they will stay there and eventually get married. Kavita went along. Leaving Kavita at his aunt’s place, Mohit said to her that he is going out in search of job, she waited for him or for his calls but he never came back. Instead she came to know that the lady, to whom Mohit introduced as her aunt, is no relative of his and Mohit has sold Kavita to her. She was kept in captivation there and was forced into prostitution over a period of several months. She was told by the aunt that if she did not cooperate, she will be tortured and killed. To prove this point, she was raped by the guards on more than one occasion.

On the other hand, Anuj, a twenty-five year old man from Moeing, was promised by his neighbor, that there was good employment available in the factories and industries of Ellong. Due to extreme poverty and unemployment and prospects of sound economic future, Anuj along with his family and some other families from his village accompanied the neighbor and migrated to Ellong. Upon reaching there, Anuj along with others was put to work as unskilled labour, in a steel factory. They were paid miserably low wages insufficient even to meet his basic needs. Their wages were below the norms prescribed by the national labour laws of Ellong. They were made to work 18-20 hours a day without adequate breaks and were rarely given time off. Due to low wages and lack of facilities like adequate housing, sanitation and clean drinking water, the workers from Moeing in the factory and their families were unable to get adequate nutrition and become prone to illness, they ended up losing their jobs. No health care facilities were available to them. There were no schools for their children due to lack of resources. Speaking a language different from locals was an additional barrier. They also faced opposition from local workers as they (Moeing workers) were ready to accept employment at lower wages and were preferred by the employees.

In the case of Kavita, in May 2014, she managed to escape. A Passerby, shocked by her appalling physical state, helped her to the hospital. While at the hospital, Kavita reported the location of the brothel to the Police. The Police raided the building after two hours of getting information. By that time, everyone has fled from there and so nobody could be arrested. The Police took the statement of Kavita and promised further investigation. She was deported back to Moeing. Kavita felt traumatized by the experience and so contacted the “ Human Right Association (HRA)” based in Moeing. In August 2015, HRA initiated the proceedings in Ellong against her unidentified traffickers and captors and also made State of Ellong party for failing to protect her. The Police investigation in Ellong did not made any progress and no arrests were made all this time. On 21st November, 2015, the Prosecutor suggested that the case be removed from the docket due to lack of evidence. In December 2015, HRA was informed that case of Kavita has been closed. As no other means were available, the newspapers at Moeing were contacted by HRA and story of Kavita got published therein. In view of the strong public opinion and the reporting in mass media, HRA already bitterly aware of the problem of magnitude and incidences of trafficking, brought up her cause and demanded that the Moeing government become seized of the matter.

At the same time, HRA also being aware of the plight of migrant workers in Ellong’s factories conducted further investigation on its own. The findings of Human Rights Association included the conditions in which the migrant workers were leading their lives was highly inhuman as well as violated their economic, social and cultural rights. The rights of these workers including safe working environment, equal remuneration for equal work, rest, health etc. were not protected by Ellong and were persistently violated. According to HRA, it is the responsibility of the Government of Ellong that all persons in the country enjoy basic human rights. HRA also claims that the workers must have the freedom to form trade unions so as to ensure that they are paid adequate wages and basic facilities are available to them. HRA campaigns vigorously with the government of Ellong to take up the cause of people like Kavita and Anuj, who become victims of trafficking, especially with respect to the neighboring country of Ellong.

The cases of Kavita and Anuj are anything but unique. A large number of youngsters from Moeing had faced similar or even worse fate. Prostitution is illegal in Ellong, public opinion had become complacent to the problem. Human trafficking from foreign countries especially Moeing, is a common sight and no more shocks the people of Ellong. The Recent polls conducted in Ellong indicate that citizens of the State considered trafficking “regrettable” but an “unavoidable” aspect of everyday life. Men, in particular, visited illegal brothels or bars where young women were being prostituted, thus perpetuating the problem.

As regards the problems of Migrant Workers, Ellong stated that as the workers in the factory have not migrated legally, it is not possible to monitor the activities of such workers and ensure protection of their rights. HRA argued that the illegal migration or employment is not a defence, and even such workers and their families are entitled to basic human rights that are available to the citizens of Ellong. The Ellong Government has often blamed ‘Politics’ and the world economy for the situation. As a consequence, the Ellong Government never tackled the matter in a systematic way. The State has no comprehensive laws criminalizing trafficking and there is no evidence of comprehensive effort to crack down the organized nature of the crime.

Both Ellong and Moeing are members of the United Nations. Both States have submitted unilateral declarations accepting the compulsory jurisdiction of the International Court of Justice in accordance with Article 36(2) of the Statute of the Court.

Note: Indian laws like Evidence Act, Criminal Procedure Code and Indian Penal Code will be applicable in the State of Ellong.