3rd INTRA MOOT COURT COMPETITION,

2019
(24th November, 2019 – 26th November, 2019)

Organised by:
Moot Court Society
School of Law and Governance,
Central University of South Bihar,
Panchanpur, Gaya

GENERAL MANNUAL WITH

 Invitation
 Schedule of the Event
 Rules of the Competition
 Moot Proposition
 INVITATION
Dear All,

It gives me immense pleasure Sto announce that the Moot Court Society, School of Law and
Governance, Central University of South Bihar is organizing 3rd Intra Moot Court Competition,
2019 from 24th November, 2019 to 26th November, 2019. The Society, therefore, invites
participation from the students of School of Law and Governance in the said competition.

A total number of 16-TEAMS shall be mooting in this competition and the teams shall get
registered themselves on the basis of first come, first serve. The Registration of the Teams shall
start on 11th November, 2019 (Monday) from 10:30 A.M to 5:00 P.M. The teams shall get
registered to Mr. Om Prakash, in the office of Law Department (Room No. 41), Social Science
Building, CUSB.

The registering teams are required to pay Rs. 600/- (per team) as ‘registration charge’ to
Anupam Prabhat Shrivastava (Joint Convenor, MCS, SLG, CUSB) within one day of
registration, or otherwise that team shall be deemed to be an unregistered team, which shall
give opportunity for other team to register in place of them.

The interested teams are invited to make this event successful by participating in this 3rd Intra
Moot Court Competition, 2019 from 24th November, 2019 to 26th November, 2019. The
Proposition for this Moot Court Competition and the Schedule of the Event are enclosed
herewith. For further queries feel free to contact:


Divya Meghna - 8969264301
(Convenor)
 Anupam Prabhat Shrivastava – 8252764519
(Joint- Convenor)
 Manasi Kumari – 7541024482
(Joint- Convenor)

Thanking You!!
With Regards,
Mrs. Poonam Kumari
(Faculty Coordinator)
School of Law and Governance
Central University of South Bihar, Gaya
 SCHEDULE OF THE EVENT
-.

RELEASING OF MOOT PROBLEM 9TH NOVEMBER, 2019

11TH NOVEMBER, 2019

REGISTRATION OF TEAMS (FROM 10:30 AM TO 5:30 PM)

LAST DATE FOR CLARIFICATION OF 13TH NOVEMBER, 2019

DOUBTS IN MOOT PROPOSITION

SUBMISSION OF MEMORIALS 20TH NOVEMBER, 2019

(SOFT COPY)

SUBMISSION OF 4-COPIES OF MEMORIALS 20TH NOVEMBER, 2019

(HARD COPY) (TILL 5 PM)

INAUGURATION, DRAW OF LOTS, 24TH NOVEMBER, 2019

MEMORIAL EXCHANGE, RESEARCHER
TEST & PRELIMINARY ROUNDS

SEMI FINALS 25TH NOVEMBER, 2019.

FINAL ROUND AND VALEDICTORY 26TH NOVEMBER, 2019

CEREMONY
 RULES FOR THE COMPETITION
MOTING ROUNDS:

The competition will have the following rounds:

A. Preliminary Rounds,
B. Semi Final Rounds,
C. Final Round.

LANGUAGE:

The language of the competition will be English.

ELIGIBLITY:

Every student of BA.LL.B (HONS.) and BSc. LL.B (HONS.) of school of Law and Governance,
Central University of South Bihar, are eligible to participate in this competition.

TEAM COMPOSITION:

Each team of the competition shall consist of the following members:

a. Each team shall consist of three members. Two designated as ‘speaker’ and one as
‘researcher’.

b. The Researcher may be permitted to argue as speaker, only in case of illness or any
unforeseen event, but with a prior written permission of the Moot Court Convener in such
case which shall be mandatory.

DRESS CODE:

The participants shall adhere to following dress code when present in any court room during the
Competition:
 a. Girls: White Shirt, Black Trouser and Black Tie along with Black Blazer and Black
Shoes.

b. Boys: White Shirt and Black Trouser along with Black Tie, Black Blazer and Black
Shoes

Note: The participating teams shall also adhere to the above mentioned dress code while
attending the Inaugural and Valedictory ceremonies of the Competition.

MEMORIAL:

The following requirements for memorial making must be strictly followed by the participants:

A. All memorials submitted for all purposes of this Competition shall strictly adhere to the
rules of the Competition. Each Team participating in the Competition must prepare one
Memorial on behalf of Petitioner(s)/ Appellant(s) and one on behalf of the Defendant(s)/
Respondent(s).
Further, each team has to submit 4 hard copies of the Memorials from each side. Non-
compliance will entail a penalty of 1 point per copy not submitted.

B. Memorial of the Petitioner is required to have a Blue Cover Page and that of the
Respondent side with a Red Cover Page. The memorials shall not contain any form of
identification apart from the team code. If any such identification or mark, symbol, etc.
which has the effect of identifying the team is found on the memorial, then it shall result in
instant disqualification. A penalty of 1 mark shall be levied in case the memorial is
submitted in any other format or as a multiple file by the team. The hard copy of memorial
must be exact replica of the soft copy submitted with the Organizers. Any difference in the
same will result in disqualification from the Competition.

C. While sending the softcopy of the memorials in PDF format, please name the file
pertaining to the Respondent as ‘R’ accompanied by the team code and name the file
pertaining to the Petitioner as ‘P’ accompanied by the team code. For example, Respondent
of team 06 should name the PDF file as ‘R-06’.
 D. Each Team must send a soft copy of their memorials, in PDF format only, for evaluation by
20th November, 2019 by 05:00 P.M. to ‘mootcourtsociety@cusb.ac.in’ with the subject
“Team Code - Memorials for 3RD INTRA MOOT COURT COMPETITION, 2019”.

The hard copies of the memorials (4 copies for each side) have to be submitted to Anupam
Prabhat Shrivastava (Joint-Convenor) by 20th November, 2019 by 05:00 PM.

No extensions will be granted with respect to this deadline. Late in submission of the
Memorials shall lead to the deduction of 1 marks (per day, per side of memorial) as penalty
and no submission (including late submissions) shall be taken after 10:00 AM on 22st
November, 2019.

GUIDELINES FOR FORMATTING

1. STRUCTURE OF MEMORIAL

a. Cover Page
b. Table of Contents
c. Index of Authorities
d. Statement of Jurisdiction
e. Statement of Facts (Argumentative statement of facts would attract penalties)
f. Issues raised
g. Summary of Arguments
h. Arguments Advanced
i. Prayer
j. Exhibits (Optional)

Non-Compliance with above criteria shall result in penalty of 2-Marks for each missing section.

2. TEAM CODE

The team code must be ascribed on the top right corner of the cover page.

3. CONTENT SPECIFICATIONS

The following content specifications must be strictly adhered to-

a. Font and Size (General) - Times New Roman, 12 pts

 b. Line Spacing (General) - 1.5 lines
c. Font and Size (Footnotes) - Times New Roman, 10 pts
d. Line Spacing (Footnotes) - Single line
e. Page Margins - 1 inch on all sides
f. The maximum number of pages in each Memorial should not exceed 30 including 15
maximum pages for Written Submissions/ Arguments Advanced.
g. Any form of legal argument or legal interpretation of the facts of the Proposition must be
confined to the “Written Submissions” section of the Memorial. The exceptions are: o
To the extent that the Prayer for Relief sets out the relief; o Insofar as such argument
may be summarized in the “Summary of Arguments”; and o In so far as the argument
may be anticipated in the “Issues for Consideration”.
h. The Index of Authorities must contain a list of all legal authorities cited in any section of
the Memorial. The Index must contain the page number(s) of the Memorial where the
authorities are so cited.
i. The Participating Teams may submit a compendium at the time of commencement of oral
rounds to the Court Assistants/ Clerk. The compendium shall in no way disclose the
identity of the Participating Institution or of the Participants.
j. The Hard Copies of the Memorial shall be printed on only one side.
k. The citation should be in compliance with the ILI rules of footnoting.
Speaking footnotes or Endnotes are not allowed.

4. MARKING CRITERIA OF MEMORIALS

The maximum scores for the memorials shall be 100 marks: The memorials shall be evaluated on
the following criteria:

a. Application and
appreciation of facts- 20 Marks

b. Identification, structure and

presentation of issues- 20 Marks

c. Application of legal, principles,

authorities and precedents- 20 Marks

d. Ingenuity and logical reasoning- 20 Marks

e. Lucidity and writing skills- 10 Marks

f. Proper footing and formatting- 10 Marks

ORAL ROUNDS:
A. PRELIMINARY ROUNDS

a. Each team will get a total of 30 minutes to present their case.

b. Each speaker should speak for a minimum of 10 minutes.
c. The time stated above includes the time required for rebuttal and sur-rebuttal. However,
the maximum time taken for rebuttal and sur-rebuttal shall be not more 5 minutes.
d. This will be a knockout round.

B. SEMI FINAL ROUNDS AND FINAL ROUND

a. Each team will get a total of 45 minutes to present their case.

b. One speaker shall not use more than 25 minutes of the total time.
c. The time stated above includes the time required for rebuttal and sur-rebuttal. However,
the maximum time taken for rebuttal and sur-rebuttal shall be not more 5 minutes.

C. MARKING CRITERIA

Maximum scores for the oral rounds shall be 100 points per speaker, and which shall be judged
on the following criteria:

a. Marshalling of facts - 15 marks

b. Application of legal principles - 15 marks
c. Logical structuring and reasoning - 10 marks
d. Ingenuity and originality - 10 marks
e. Articulation of facts - 10 marks
f. Presentation skills and
g. communication ability - 10 marks
h. Response to question posed - 10 marks
i. Use of authorities and precedents - 10 marks
j. Court etiquettes - 10 marks

SCOUTING:

Teams shall not be allowed to observe the orals of another team, unless they have been officially
knocked-out of the competition. Scouting is strictly prohibited. Scouting by any team shall entail
instant disqualification.
FINALITY OF DECISION:

The decision of the judges with regard to the outcome of the rounds shall be final. For all
purposes and in any dispute, the decision of the Redressal Committee shall be final and binding.
In case of dispute, the aggrieved team shall place a written complain before the Redressal
Committee within an hour of such dispute, failing to which, the aggrieved party’s concern shall
not be considered by the Redressal Committee.

CLARIFICATIONS:

Any clarifications regarding competition and the moot problem may be sought by mailing on the
official email id of the society, i.e, ‘mootcourtsociety@cusb.ac.in’ by 13th November 2019.
Relevant clarifications shall be clarified through the email to all participants.
 MOOT PROPOSITION

1. Indica is a country situated in South Asian region of the earth. Dillica is the capital of Indica,
which is situated near Arabian Sea and also called as the heart of the country. Dillica is the
host of various factories and small-scale industries, along with this, construction work goes
on throughout the year and the number of vehicles and goods carriages is very huge.
2. Arabian Sea is one of the very busy international sea routes for the carrying of goods through
ships. Dillica is situated at the shores of Arabian Sea and many fishermen and their families
are dependent on the earnings from the sources coming from the sea. Laviathan is a ship
registered under the country USB carrying oil and gas tankers is passing through Arabian sea
and nearby Dillica. USB is among those very few countries who are not the member of
UNCLOS. The crewmembers of the Laviathan out of ignorance and deviation from the
formal sea route enter into the Territorial waters of Indica where fisherman use to carryout
their day to day activities. When crewmembers saw fishermen, they gets confused with
pirates and shoot them, in this incident two fisherman gets injured. During this process few
containers of oil and gases falls into the water of the sea leading to the spill of oil into water
and leakage of gas into atmosphere. Due to this the shores of Dillica gets affected and
atmosphere is also contaminated with harmful gas. As a consequence to this many aquatic
animals dies and due to air pollution many people fell ill.
3. The Indican authorities seized the ship and 3 naming, Antanio, Andreas and Jack out of 10
crew members are also arrested. The rest 7 members of the crew somehow managed to flee
from the territory of Indica and went back to their country i.e. USB. The crewmember who
had shot fisherman also flew and reached his country.
4. Back in Dillica, due to oil spill now the drinking water is contaminated and unsafe to drink
and the air quality has dropped to toxic level making it unsafe to inhale. Green Warriors is an
NGO working for the protection of environment in Indica, when this incident of oil spill and
gas leakage took place in Dillica, Ms. Maya, the director of NGO comes to Dillica and
prepares a report on the pollution and send it to the government of Indica for taking strong
action against the arrested crew members and bringing back those rest members who has
flew to USB.
5. USB and Indica are friendly countries and they share many treaties and agreements for
environmental causes. Both the countries are dedicated towards the fight against the pollution
 and trying their best to control pollution under their Constitutional and legal frameworks.
Due to this incident the relations between two countries has turned tensed as USB is
demanding the release of its citizens and Indica is demanding those crew members indulged
in incident from USB.
6. At the same time due to delay in action for the safety of people of Dillica from toxic air and
oil spill by the government of Indica, a huge protest procession has been launched by Ms.
Maya, the director of NGO, Green Warrior. There is a huge pressure on the government of
Indica from domestic front to bring those crewmembers back to Indica for the compliance of
criminal liability and accountability and constitutional liability to provide clean water and air
to its citizens. At the same time they have to maintain the relation with USB as it is a big
investor in Indica in various development sectors.
7. In the light of these developments, USB to protect the interest of its citizens in Indica hires a
lawyer named John Wick from India. At the same time, a suit is filed by the Green Warrior in
the Supreme Court of Indica against the government of Indica. In addition, the government of
Indica files a suit against Antanio, Andreas and Jack and Others. The Supreme Court of
Indica clubbed both the cases and the matter is pending for hearing.

Note:

(1) The Constitution of Indica and other penal laws are pari materia with India. Moreover,
the Indica’s commitment to the international Covenants, treaties and customary laws are
same as in India

(2) On behalf of both the Petitioner and Respondent, draft petitions and make oral
arguments based on the above information.