The class will conduct two moot court trials this semester.  The cases will be chosen by a class vote.  In each case there will be three teams of four students----basically counsel for each side in the case and the judges.  If we select cases created by off-campus sources, we will use the materials from the original web sites where the cases were created.  Basically, there are two rounds in each case.

First, a written Memorial will be due from the two sides on April 24.  This will be posted on the case homepage for all to use.  On the same date, the court will announce all rules for the formal oral hearing.  (Any actions of the teams required by the court prior to May 2 must be communicated to the teams by April10.)

The parties must submit their finished written memorials to the court's official registrar (426E Bradley Hall).  Usually written memorials contain a statement of the relevant facts, a statement of law, and any submissions. Written memorials contain the entirety of the case (including documentary evidence), whereas oral arguments will focus on key facts and points of law. Counter memorials, if allowed by the court, are to be submitted in response to the other parties memorial.  These include: any admission or denial of the facts stated in the other's memorial, any additional facts, if necessary, observations concerning the statement of law in the memorial, a statement of law in answer thereto, and the submissions. 

Moot Court Memorials have a common form, this year we will use the Telders rules on the content and organization of the initial memorial.  Telders Guide

Second, formal oral hearings will be held in each case on  Saturday May 2. 

The purpose of the proceedings is to have disciplined, systematic and contradictory presentation of the elements of fact and law upon which the respective cases rest, and upon which the decision of the court will be given.  Each side is trying to persuade the court its interpretations are correct. Each side should emphasize its main arguments and respond to the opposition.  The court needs time to question each side so as to acquire the information it needs to make a correct decision.  Oral hearings are usually filmed.  I have copied the ELSA rules for oral arguments to a file as an example of how moot hearings are conducted.

The court will use the weekend to reach and write its decision, which will be announced in open court on May 4 (The written decision, including any minority reports, is due by 3:00 PM May 5 in BR 426E). The court must render a decision on the basis of its examination of the facts and its conclusions of what international law applies to the case.  The court may decide the applicable international law is not that raised by either of the parties.  Announcement of the final decision will depart from normal format in that the representatives of the states will be allowed to quiz the court about its decision.

Grading

You will each receive an individual grade that is a 50/50 blend of your group's performance and your individual performance.

For counsel, as a group the question is how good of a case you made for your client.  Success in terms of the court decision is not the key, for the court may mistakenly rule against you.  But have you made all possible claims, researched all the applicable law, treaty and custom, and made the best possible case for your state and your state/nationals.

The court's job may be the most difficult.  You must set up the procedures, decide what information is necessary to decide the case and secure it through the means allowed you in the statue, run the oral hearing, and then weigh the evidence, oral arguments, and written arguments and apply the appropriate international law.

In addition to the oral hearing and formal written documents, each student is to turn in a 2 page paper by 5:00 PM May 5  In it summarize your role in the case, report difficulties the team had in carrying out its assignment, and then indicate which team in your case you think did the best job.  Support your conclusion.

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Larry Aspin   aspin at bradley.edu
Dept of Political Science
Bradley University