BYLAWS

TEXAS TECH UNIVERSITY SCHOOL OF LAW

BOARD OF BARRISTERS
 

The following By-laws have been adopted, pursuant to Art. VII of the Constitution, for the regulation and administration of the Board of Barristers and its programs.

ARTICLE I

MEETINGS AND NOTICES

A. Regular Meetings - Regular meetings of the Board shall be determined at the first meeting of each semester.

B. Special Meetings - Special meetings of the Board may be called by written notice signed by the Chairperson or by at least five Members of the Board. For purposes of this section, written notice requires that the time, place and purpose of the meeting be posted at least 48 hours in advance of the meeting on the Board bulletin board and at least two other conspicuous places.

C. Quorum - A quorum shall be required to transact any business at any regular or special meeting. A quorum consists of two-thirds of the total membership.

D. Agenda - An agenda shall be posted by the Chairperson at least 48 hours prior to a regular meeting of the Board on the Board bulletin board and at least two other conspicuous places.

E. Procedure -All meetings shall be conducted according to the direction of the Chairperson or an Officer appointed to lead the meeting in the absence of the Chairperson.

ARTICLE II

ELECTION OF OFFICERS

A. Meeting - A meeting for the election of Officers by the newly appointed Members shall be held within seven days and no later than 21 days after the appointment of the new Members. Notice of such meeting shall be given to each new Member at the time of appointment.

B. Candidacy Requirements - Members who wish to run for an executive office must file a written notice of candidacy with the Chairperson of the retiring Board no later than four days prior to the meeting called for the purpose of electing Officers. Floor nominations for executive offices will not be accepted at the meeting.

C. Procedure - Votes for the election of Officers shall be cast by secret ballot of the newly appointed Members. Any nominee who receives a majority of the votes of all newly appointed Members shall be elected to the office. Voting shall be tallied by the retiring Chairperson and at least one other member of the retiring EC.

D. Run-off - If no nominee receives a majority of the votes cast after the first vote, a run-off election shall be held between the two nominees receiving the most votes. The nominee receiving the majority of run-off votes shall be elected to the office. In the event of a tie, subsequent run-off elections shall be held until a candidate receives a majority of votes. Proxy votes cast for a candidate involved in a run-off election shall be counted in determining if a candidate receives a majority of votes.

E. Vacancy in an Executive Office - If a vacancy occurs in an executive office position, the Chairperson shall provide notice of such vacancy, and an election shall be held at the next regular meeting or at a special meeting called for that purpose. Such election shall be held in accordance with the provisions of this Article. The election to fill a vacancy will be held within seven days after the notice of the vacancy is posted by the Chairperson.

ARTICLE III

VOTE BY PROXY

A. Proxy Votes - Votes by proxy shall not be allowed except for the election of EC Officers.

B. Requirements for a Vote by Proxy -A vote by proxy must:

  1. be in writing;

     

  2. be given to the retiring Chairperson at least 24 hours prior to the election; and

     

  3. designate the candidate and office for whom the Member wishes to vote.

     

C. Restrictions - A proxy vote will only count in the first election for each position. In the event of a run-off, a proxy vote will not be counted, unless the person receiving the proxy vote is in the run-off election.

D. Procedure - After the ballots of the Members present have been received in each election, the retiring Chairperson shall note the number, if any, of proxy votes cast for each candidate.

E. Quorum - For quorum purposes, members voting by proxy will be counted as absent. Thus, two-thirds of the membership must be present in order to elect a Member to an executive office.

ARTICLE IV

REMOVAL

A. Grounds -A person may be removed from the Board for reasons enumerated in Art. V, section A of the Constitution or for:

    1. absence from more than two duly called regular or special meetings of the Board in

       

    2. one semester without satisfactory reason;
  1. failure to perform duties or responsibilities reasonably assigned by the Officers;

     

  2. absence from more than one final round of intrascholastic competitions in one semester without satisfactory reason; or

     

  3. failure to pay dues by the Add/Drop date unless arrangements have been made with the Vice Chair of Administration.

     

B. Satisfactory Reasons for Absence - A satisfactory reason for an absence must be given to the Chairperson as soon as possible and prior to the event the Member will be unable to attend. The Chairperson will have 24 hours to determine whether such reason is satisfactory. If the Chairperson determines that the absence is not satisfactory, then the Member may appeal the Chairperson's decision (see, Constitution Article VI).

ARTICLE V

CREDIT

Only Members can receive a one-hour credit per semester for service on the Board. To receive credit, each Member must meet the requirements enumerated by the Faculty Advisor. The Faculty Advisor shall post these requirements before the beginning of the semester on the Board bulletin board. A Member need not accept credit for participation in the Board, but a Member’s decision not to receive credit does not excuse the Member from full and active participation in the Board.

ARTICLE VI

BAILIFF AND WITNESS POINTS

A. Bailiff Points - A person receives a bailiff point by participating as a bailiff in any Board approved activity including interschool team practice and intraschool competitions such as Mock Trial, Moot Court, Negotiations and Client Counseling.

B. Witness Points - A person receives a witness point by participating as a witness in any Board approved activity including interschool team practice and intraschool competitions such as Mock Trial and Client Counseling.

C. Executive Officer Discretion - A person may receive bailiff or witness points for participation or help with activities or administration of the Board. These points may be awarded at the discretion of the Chairperson, the Vice Chair of the event for which credit is given or the Vice Chair of Judges.

ARTICLE VII

APPLICATION FOR MEMBERSHIP

The Vice Chair of Administration shall provide notice that applications are available and the location of the applications. The application form shall be created by the EC and shall request only that information required for the appointment process, except that a statement describing the reasons a person wants to be on the Board may be required.

ARTICLE VIII

MEMBERSHIP LIMITATIONS AND REQUIREMENTS

A. Intraschool Competition Limitations - Third year members may only compete in two intraschool competitions throughout the year in which they are serving as members of the Board of Barristers. Second year students serving as Associate Members may only compete in one Board approved intraschool competition in the Spring semester during which they are serving as an Associate.

B. Committee Requirements - Members shall be required to serve on at least two committees.

C. Dues - Members and Associate Members shall be required to pay dues. The amount of dues will be determined by the EC, and the dues shall be paid by the Add/Drop date of each semester. The amount of dues required must be posted in the Board office at least ten days prior to the Add/Drop date of each semester.

ARTICLE IX

COMMITTEES

A. Definitions

  1. Standing Committee - These committees shall exist each year.

     

  2. Ad Hoc Committee - These committees shall be created by the Chairperson or the EC for a particular purpose and shall continue until the accomplishment of that purpose or until the Chairperson or the EC shall direct.

     

  3. Vice Chair Committee - These committees shall include: Mock Trial, Moot Court, Negotiations, Client Counseling, Judges and Administration.

     

B. Standing Committees

  1. Demonstrations Committee -This committee is responsible for organizing demonstrations and programs when requested by the Chairperson or the EC. Any Member of the Board may be requested to participate in the demonstrations.

     

  2. Supreme Tort Committee - This committee is responsible for the production and efficient organization of the annual Supreme Tort.

     

  3. Grievance Committee - This committee is responsible for adjudicating appeals by competitors or judges. The committee shall consist of no less than five and no more than nine people appointed by the Chairperson. The Grievance Committee Chairperson will vote only if there is a tie among the committee members.

     

  4. Communications Committee - This committee is responsible for coordinating all forms of Board communications and advertising. This committee shall maintain the Board of Barrister’s Web Page and it shall be responsible for posting all Board announcements not specifically delegated to another by these By-laws or the Board’s Constitution.

     

  5. Coaching Committee - This committee is responsible for coordinating the coaching for all First-Year and Advanced Competitions. This committee shall be responsible for assuring that all competitors competing in Board intraschool competition have the opportunity to receive adequate coaching.

     

  6. Fundraising Committee – This committee is responsible for raising necessary funds for administrative and other Board of Barristers expenses through various fund raising activities.

     

C. Vice Chair Committee

Each Vice Chair shall chair the corresponding committee. Board Members are required to participate in two committees (see, Article VIII, section B). To the extent practicable, the Board Chairperson should attempt to reconcile known Member conflicts in appointing Members to committees.

ARTICLE X

RULES APPLYING TO ALL COMPETITIONS

A. ELIGIBILITY

  1. Any student on scholastic probation may not compete.

     

  2. Board of Barristers Executive Committee members may not compete.

     

  3. Only First year students may compete in the First Year Competition.

     

  4. Only Second and Third year students may compete in the Advanced Competitions.

     

  5. Only students who have a signed current information sheet on file with the Vice Chair of Administration may participate in any competition.

     

  6. All teams must sign-up on the Competition Team List located outside the Board Office prior to the Mandatory Meeting. The competition may be limited to a certain number of teams on a first come, first serve basis. If all competition spots are allocated, an overflow

     

sign-up list will also be posted.

B. MANDATORY MEETING

  1. All teams, including those listed on the overflow list, are required to attend the Mandatory Meeting for the competition. The time, date, and place of the Mandatory Meeting will be posted on the official Board of Barristers Bulletin Board located outside the Board Office, as well as noted on the official sign-up sheet.

     

  2. At least one member of a team registered either on the original or overflow list must attend the Mandatory Meeting for the competition. Failure to do so will result in automatic disqualification. If all team members have a class conflict or an emergency and cannot attend, arrangements must be made with the Vice Chair of that competition twenty-four hours prior to the Mandatory Meeting. Failure to make these arrangements will result in automatic disqualification.

     

  3. For purposes of this section, attendance is determined at the time team roll is called, which shall be at the beginning of the meeting. If there is an overflow list, and neither member of the team is present when their team names are called, that team is disqualified from the competition. If there is no overflow list, and the team member representing the team arrives and makes the member’s attendance known to the Board members present during the meeting, but after roll has been called, each member of that team loses one Board point. The team will still be allowed to compete, unless neither member of the team is present and accounted for by the time team pairings have been announced, at which time that team is disqualified from the competition.

     

  4. Once a team has been disqualified, the team will be replaced by a team listed on the overflow sheet in the order of registration.

     

  5. Withdrawal after the Mandatory Meeting results in an automatic forfeiture of fifteen (15) Board of Barrister Competition Points or twenty-five (25%) percent of each participant’s total accumulation of Board of Barrister Competition Points, whichever is greater. In addition, a participant that withdraws after the Mandatory Meeting of the Mock Trial or Moot Court Competitions will not be eligible for the Top Gun Award. However, no penalty shall be assessed for a justified withdrawal, such as a serious illness or the death of a close family member.

     

C. TEAMS AND PAIRINGS

  1. Only two member teams are allowed (see Moot Court Specific Rules for exception).

     

  2. Pairings for the preliminary rounds will be decided by a random draw that shall be completed at the Mandatory Meeting in front of the participants present.

     

  3. During the preliminary rounds, no two teams shall compete against each other more than once.

     

  4. If there is an odd number of teams, a team selected at random will receive a bye and will be awarded a one point victory. A team can only receive one bye per competition.

     

  5. When there are twenty-four or more teams, sixteen teams will break to the elimination rounds. When there are less than 24 teams, eight teams will break to the elimination rounds.

     

  6. During the preliminary rounds, each team must alternate side at least once, if applicable to the competition.

     

  7. If teams have the same win-loss record, then the total of the team’s point differentials for all the preliminary rounds will be used to rank the teams. Accordingly, the teams with the best win-loss records and highest differentials will advance to the elimination rounds.

     

  8. At the conclusion of the preliminary rounds, all teams will be ranked according to their win-loss record and their win-loss point differentials. If teams have the same win-loss record, then the total of the team's point differentials for all the preliminary rounds will be used to rank the teams. The sixteen or eight highest ranked teams shall advance to the elimination rounds. In the event of a tie on win-loss record and win-loss point differential, a coin toss shall determine the rankings.

     

  9. In the elimination rounds, teams will be seeded according to the rankings determined under (8) of this section and will be paired by the following power protection formula:

     

If There are 16 Teams If There are 8 Teams 1 v. 16 1 v. 8 8 v. 9 5 v. 4

5 v. 12 -----4 v. 13 3 v. 6

-----7 v. 2 3 v. 14 6 v. 11 7 v. 10 2 v. 15

D. COMPETITION SCHEDULES

  1. The dates and times of preliminary and elimination rounds will be posted on the Board of Barristers Bulletin Board located outside the Board Office or on the Competition Bracket Chart posted outside of the Courtroom.

     

  2. All teams are required to sign-in at the registration table located outside the courtroom no later than thirty minutes before a competition is scheduled to begin. Failure of a team to register thirty minutes before the competition is scheduled to begin will result in immediate disqualification from the competition and no Board of Barrister Competition Points will be awarded to the disqualified team for that entire competition. The automatic disqualification shall be treated as a withdrawal after the Mandatory Meeting subject to the penalties imposed by (3)(e) of this section. Competitors desiring to appeal the automatic penalty must use the grievance process provided for in the By-laws.

     

  3. Each team is required to attend the competitor’s briefing which will be held fifteen minutes before a round is scheduled to begin. This meeting will allow critical information to be relayed to the competitors that may affect the competition. Any questions or conflicts should be addressed at this time.

     

E. SCORING AND TIEBREAKING

    1. All rounds will be scored on the Official Board of Barristers score sheet for that competition.

       

    2. The score sheet must be signed by the judge(s) at the completion of the round.
  1. The bailiff or client shall take the completed and signed score sheet to the Board of Barristers tabulation room.

     

  2. Three non-competing Board members will tabulate the scores and sign the score sheet.

     

  3. Determining the Winner of the Round:

     

i. One judge - The winner of the round shall be the team which accumulates the most points on the Score Sheet. In the case of a tie, the judge shall award one point to the team which he or she feels should be deemed the winner based on overall performance.

ii. Multi-judge Panels - The winner of the round shall be the team receiving the most winning ballots. A team “wins” a ballot if it accumulates the most points on the Score Sheet. Whenever a Multi-judge panel is required, there must be an odd number of judges. If only an even number of judges is available for a round, a Member of the Board of Barristers appointed by the Vice Chair of the competition will sit as judge. The ballot scored by the Board of Barristers Member will not be counted unless the original judges split their ballots (i.e., 1 ballot for team A, 1 ballot for team B). The Board of Barristers Member’s ballot will only be used for the purposes of breaking the tie. The point differentials indicated on the two “winning” ballots shall be averaged and that average will be the point differential for the round.

F. COACHES

  1. For the First Year Competitions, coaches will be assigned randomly from a pool of all current Board Members and second and third year non-board members approved by the Board of Barristers. Board Members must coach and give priority to the assigned team. A team may request the Vice Chair of Judges to assign a new coach if the team feels it is not receiving adequate coaching. Any competitor’s claim of inadequate coaching shall be reported by the Vice Chair of Judges to the Board Chairperson who shall take any actions necessary to ensure effective coaching of all competitors. Board Members may coach other teams upon the prior approval of the Vice Chair of Trial Advocacy. The Vice Chair of Trial Advocacy will keep a record of the additional coaching requests as directed by the Chairperson.

     

  2. For the Advanced Competitions, participants may obtain a coach of their own choosing or by appointment upon request made to the Board, except that a competitor in the competition and the Vice Chair of Trial Advocacy shall not serve as coach for any competitor in an Advanced Competition. Board Members should be encouraged to make every effort to ensure that all teams have adequate opportunities to receive effective coaching.

     

  3. Any Grievance Committee member that serves as a coach for any Advanced Competition or First Year Competition must recuse themselves from any grievance procedure involving the team coached.

     

G. GRIEVANCES

In the case of any grievance, the procedures set forth in the By-laws of the Board of Barristers will be followed.

H. PENALTIES AND SANCTIONS

The Vice Chair of the affected competition will report any violation of either these rules, or the Competition Specific Rules in Article XI of these By-Laws, to the Grievance Committee with a recommended penalty. The Grievance Committee will make the final determination of the penalty to be assessed.

I. NECESSARY AND PROPER CLAUSE

The Board of Barristers reserves the right to change these rules, and the Competition Specific Rules in Article XI of these By-Laws. Changes will be effective twenty-four hours after they are posted.

J. CONFLICTS - Conflicts between a judge for a round and a competitor shall include, but are not limited to:

-A present or past dating relationship between the judge and a competitor;
-A present or past sexual relationship between the judge and a competitor;
-A familial relationship between the judge and a competitor;
-A present or past close personal, working, or roommate relationship between the
judge and a competitor;
-A present or past relationship as coach for that particular competition between the
judge and a competitor; or
-A distinct and known adversarial relationship between the judge and a competitor
stemming from civil or criminal litigation or of that severity;
 

Any party involved in the round that has knowledge of any of the above relationships between any participant and any judge shall make it known to all others involved in the round before the round begins.

K. JUDGING

  1. Student Judges are encouraged as a part of the advocacy experience. Only Board Members (See Art.III(A)(1) for definition of “Member”), attorneys, or professors shall judge advanced competitions. Associate Members (See Art.III(A)(2) for definition of “Associate Member”) shall not judge any advanced competition rounds. Both Members and Associate Members of the Board may judge first-year competitions. Associate Member judges for first-year competitions must be approved by both the Vice-Chair for Judges and the Vice-Chair for that competition. If both Vice-Chairs do not agree that the Associate Member should judge, then that Associate Member shall not judge that particular first-year competition.

     

  2. Third-year students shall only be judged by attorneys, professors, or Board Member panels.

     

  3. Judges shall be instructed during the judge’s meeting prior to each round that all rounds shall be judged on the criterion listed on the judges’ sheet provided to them by the Board of Barristers and not on the merits of their particular position.

     

L. ETHICS AND DECORUM

    1. If a participant in a competition is “familiar” with any of the judges for that round, notice must be given to the Vice Chair of the competition and the opposing team. If the judge, as well as both teams are comfortable with the conflict then the round will continue. If anyone involved is uncomfortable with the conflict, then that judge will be replaced by another

       

    2. judge.
  1. Competition participants will conduct their behavior as they would in a court of law. Competitors will not be discourteous to judges or other competitors in the round. Competitors will not argue with judges during the critique.

     

  2. Business attire is required for all competitors, in all competitions.

     

  3. All competitors are required to attend the judges’ critique.

     

ARTICLE XI

COMPETITION-SPECIFIC RULES

A. MOCK TRIAL COMPETITION RULES

  1. DESCRIPTION OF COMPETITION - The Mock Trial Competitions enable participating students to acquire trial advocacy skills. The competition format simulates an actual court trial with witnesses and bailiffs assuming designated roles. Each team, comprised of two law students, is provided a copy of the problem containing witness statements, background information, and various documents which may be entered into evidence. Written statements are given to role-playing witnesses before the rounds so they may become familiar with the characters they will portray. Teams prepare direct and cross-examinations, opening and closing statements and make and respond to objections.

     

    1. COMPETITION FORMAT

       

        1. Problems

           

        2. i. The First Year Mock Trial problem will be chosen by the Vice Chair of Trial Advocacy with the consent of the Executive Committee.
        3. ii. The Fall Advanced Mock Trial problem will be the Tournament of Champions problem.
        4. iii. The Spring Advanced Mock Trial Problem will be the ATLA problem.
        5. iv. One copy of the problem will be available to each team along with a copy on reserve at the circulation desk of the library.
      1. The Federal Rules of Civil Procedure and the Federal Rules of Evidence shall apply during all Mock Trial Competitions. All trials shall be conducted as if a jury were present and seated.

         

      2. Once the competition begins, no one (including team members, witnesses, bailiffs, or observers) should reveal strategies or otherwise indicate the strengths and weaknesses of

         

the teams for the benefit of another team. Collaboration between teams is prohibited.

d.
Each member of a team shall direct and cross-examine a witness in each round. One team member will make the opening statement and the other will make the closing argument.
e.
Objections made during opening statements may only be made by competitors who make an opening statement. Objections made during closing arguments may only be made by competitors who make closing arguments.
f.
Either team member may make Motions in Limine or address housekeeping matters. First year competitors will not make any Motions in Limine.
g.
There shall be no written pre-trial motions. The court may entertain motions for directed verdict and for invoking FRE 615 at the appropriate time. Time allotted for pretrial motions is three minutes per team.
h.
Subject to the discretion of the judge, a cause of action may be dropped by either team, if applicable, as a strategy in the competition.
i.
There shall be no re-cross examination.
j.
Witnesses i. No member of the Executive Committee of the Board of Barristers shall serve as a witness in any Mock Trial Competition. ii. Competitors who have been eliminated from the competition may not serve as witnesses against prior opponents in elimination rounds. iii. A witness may only bring an original copy of their deposition or statement to the witness stand. No writing on the deposition or statement is permitted, however, the witness may highlight the deposition or statement.
iv.
Only reasonable inferences from the problem may be made. Before the round, teams must instruct their witnesses to testify truthfully from the record.
v.
If a witness makes a statement of fact not contained in the sworn statement, the witness must admit that the fact was not contained in the statement if questioned on that subject.

vi. No objection to “outside the scope” or “unreasonable inference” will be entertained. Judges will be given a copy of the problem and may consider a team’s use of unreasonable inferences in awarding points. vii. If a student competitor encourages a witness to go outside of the record or to fabricate beyond a reasonable inference, the witness shall report the incident to the Vice Chair of Trial Advocacy prior to the start of the round. viii. A reasonable inference is a fact which is a logical consequence of the given facts. A reasonable inference is not based on speculation or conjecture. Competitors may not create additional facts and circumstances in order to enhance their case. For example, if the record reflects that it was 6:45 p.m. in the fall or spring of the year, then it is a reasonable inference that it was also twilight. However, it is not a reasonable inference that it was snowing or raining outside that evening. ix. Only a team member who examines a particular witness may make and respond to objections during the direct and cross-examination of that witness.

k.
Time Limits i. Advanced Mock Trial Competitions
(a)
Each team shall have fifty minutes to present their case, including pretrial motions, opening statements, direct and cross-examinations, and closing arguments.
(b)
Time on cross-examination is charged against the team conducting the examination.
(c)
The plaintiff may reserve up to 3 minutes of his or her closing argument for a rebuttal following the defendant’s closing argument.
(d)
The use of time is left up to each attorney (i.e. 15 min. direct and 10 min. cross). Whatever the choice may be, the fifty minute time maximum shall be strictly enforced by the bailiff. It is not necessary that all time be used. The judge will have sole discretion in deciding whether a team should be penalized on the scoring ballot for any misuse of time.
(e)
Argument of motions and objections made during the course of a trial may be limited at the judge’s discretion. The moving party will be charged with time spent on their pre- trial and other motions, including the response time from the other side.
(f)
Time shall be stopped for objections.

ii. First Year Mock Trial Competition

(a)
The time limits for the competition for each side are as follows:
(1)
Housekeeping ........3 minutes per team
 
(2)
Opening statement...........5 minutes per team
 
(3)
Direct & cross-examination.........30 minutes total/team
 
(4)
Deposition testimony (if applicable)....5 minutes per team
(5)
Closing argument....................10 minutes per team
 
(b)
Time on cross-examination is charged against the team conducting the examination.
(c)
The plaintiff may reserve up to 3 minutes of his or her closing argument for a rebuttal following the defendant’s closing argument.
(d)
Each attorney in the competition is to direct and cross a witness. The time allotted for each attorney is 15 minutes. The use of this time is left up to each attorney (i.e. 10 min. direct & 5 min. cross, etc ... ) Whatever the choice may be, the maximum time allotments accorded the teams will be strictly enforced. It is not necessary that all time be used. The judge will have sole discretion in deciding whether a team should be penalized on the scoring ballot for any misuse of time.
l.
During the elimination rounds, each team will alternate between plaintiff and defendant in successive rounds. If this is not possible, a coin toss will determine which team will compete as plaintiff and which team will compete as defendant. The higher seeded team will call the coin toss. Competitors may witness the coin toss.

3. BAILIFFS AND WITNESSES

a. The Plaintiff shall provide the bailiff for each preliminary round. The lower seeded team shall provide the bailiff for each elimination round up to, but not including, the semi-finals. A list of interested students is available in the Board of Barristers office. The name of the bailiff for each preliminary round must be submitted to the Vice Chair of Trial Advocacy box located directly outside the Board of Barristers office by 5:00

p.m.
on the day preceding the scheduled round. The name of each bailiff for the elimination rounds must be submitted by 12:00 p.m. (noon) on the day of the round. Teams not meeting these deadlines will be penalized one Board of Barrister Competition Point.
b.
Bailiffs must register at the competition table twenty minutes prior to the round they are scheduled to bailiff. Bailiffs who fail to register by that time or who fail to appear will be penalized one Board of Barrister Competition Point.
c.
Each team shall provide their own witnesses for each round. A list of interested students is available in the Board of Barristers office. The names of the witnesses who will be witnessing in each preliminary round must be submitted to the Vice Chair of Trial Advocacy box located directly outside the Board of Barristers office by 5:00 pm on the day preceding the scheduled round. The names of each witness for the elimination

rounds must be submitted by 12:00 pm (noon) on the day of the round. Teams not meeting these deadlines will be penalized one Board of Barrister Competition Point.

d. Witnesses must register at the competition table twenty minutes prior to the round they are scheduled to witness. Witnesses who fail to register by that time or who fail to appear will be penalized one Board of Barrister Competition Point.

4. QUESTIONS

a.
Questions regarding an interpretation or clarification of the problem may be submitted to the Vice Chair of Trial Advocacy.
b.
The deadline for submitting questions is 5:00 pm on the tenth day following the release of the problem.
c.
The Vice Chair of Trial Advocacy along with the Mock Trial Committee will then clarify the problem, answer the question or take no action. Regardless of the course of action taken by the Vice Chair of Trial Advocacy and the Mock Trial Committee, the Vice Chair of Trial Advocacy will post an official response to the question on the Board of Barristers Bulletin Board.
d.
The official response becomes part of the problem.
e.
Once the deadline for questions has expired, no further questions or changes will be made to the problem.

B. MOOT COURT COMPETITION RULES

  1. DESCRIPTION OF THE COMPETITION - The Moot Court Competitions provide experience and practice in appellate advocacy in a simulated appellate court setting. Teams are judged on their ability to explain and analyze the relevant issues and applicable law. Spring Advanced Moot Court participants are required to submit briefs and make oral arguments while first year students are only required to make oral arguments. Advanced teams may consist of two oralists and a designated brief writer. In the first year competition, teams are composed of two members.

     

    1. TEAMS AND PAIRINGS (additional rules)

       

      1. In the Advanced Competition, teams may consist of two members and a brief writer. If a team is composed of two members and a brief writer, the brief writer cannot serve as an oralist unless, in the opinion of the EC, an unforeseen emergency requires substitution. In the First Year Competition, teams may consist of only two members.

         

      2. During the elimination rounds, each team will be required to alternate sides in a successive round where feasible. If a conflict arises, a coin toss will determine sides.

         

The coin will be tossed on behalf of the higher seeded team. If the coin comes up heads, that team shall be the Appellant. Competitors may witness the coin toss.

d. Competitors are required to submit their briefs by 5:00 p.m. on the date established by the Board of Barristers as the deadline for the briefs. A team which fails to turn in a brief by the date and time established by the Board of Barristers shall be penalized. A brief turned in within twenty-four hours after the stated deadline shall be penalized five points off its net brief score in the preliminary rounds and one and a half points off its net brief score in the advanced rounds. A brief turned in between twenty-four and forty-eight hours after the stated deadline shall be penalized ten points off its net brief score in the preliminary rounds and three points off its net brief score in the advanced rounds. If a brief is not turned in by forty-eight hours after the stated deadline, the team shall be disqualified from the competition and will be subject to the penalties imposed by section (3)(e) of this section. Extension of times will not be granted.

3. COMPETITION FORMAT

a.
Oral Argument i. Each team shall be allowed thirty minutes for arguments. ii. Up to five minutes may be reserved by Appellant for rebuttal. iii. Only two members of a team may argue in one round. Only one representative of the Appellant may present the rebuttal. iv. The judge, in his or her discretion, may grant reasonable extensions of time limits.
b.
Brief i. No brief will be required in the First Year Moot Court Competition. ii. A team may choose to write its brief on behalf of the Appellant or the Appellee. To facilitate its preparation for oral arguments, a team may write briefs on behalf of both. However, a team may submit a brief for only one side. iii. The briefs shall contain appropriate headings and be in the order here indicated (unless specifically preempted by the provisions of the particular problem assigned):
(a)
The cover of APPELLANT'S brief shall be RED.
(b)
The cover of APPELLEE's brief shall be BLUE.
(c)
The top cover of the brief must bear, in the following order, from the top of the page: (1) the number of the case; (2) the name of the court; (3) the caption of the case as appropriate, (e.g. in the 5th Circuit Court of Appeals); (4) the nature of the proceeding (e.g. On Appeal from the United States District Court for...); (5) the names of the individual team members (item 5 shall appear in the lower right hand corner and will be deleted by the Board of Barristers from those copies of the brief which are sent to the brief judges).
(d)
Certificate of Interested Persons.
(e)
Statement on Oral Argument.
(f)
Table of Contents.
(g)
Table of Citations.
(h)
Address to the Court.
(i)
Statement of Jurisdiction.
(j)
Statement of the Issues.
(k)
Statement of the Case.
(l)
Summary of the Argument.
(m)
Argument.
(n)
Conclusion.
(o)
Certificate of Service.
(p)
Appendix
iv.
The brief shall not be signed nor shall it mention any team member anywhere in the brief, except on the front cover. The team member names shall appear on the lower right hand corner and shall be removed by the Board of Barristers once the letter designation of the team has been affixed for the competition.
v.
All citations shall be in accordance with A Uniform System of Citation (the most recent edition), published by Harvard Law Review Association, Gannett House, Cambridge, Mass (more commonly known as the "Blue Book").

vi. The brief may not exceed forty pages and must be typed and double spaced; footnotes and argument headings, however, may be single spaced. Footnotes shall not exceed fifteen linear inches for the entire brief, including appendices. All margins shall be one inch. The forty page limit is exclusive of pages containing the appendix and any addendum containing statutes, rules, regulations, etc. Points will be deducted for briefs exceeding forty pages. vii. A full appendix to the brief is not required. The appendix to the brief shall contain those parts of the record that the party wishes to highlight. The brief judge will have a copy of the record, so it is not necessary to append the record itself. At the beginning of the appendix, there shall be a table of contents describing each item included therein and listing the appendix page on which each of these items may be found. This page is part of the appendix and does not count in the forty page limit. Next shall come the relevant docket entries and other items in chronological order. The appendix shall not contain argument and teams may be penalized for inserting arguments into the appendix. viii. No team shall receive any assistance in the preparation of its brief. This prohibits research done by any person other than a team member, including faculty, members of appellate advocacy classes, and coaches assigned by the Board of Barristers. This shall not be construed to prevent preliminary, general discussion of issues with faculty, coaches, or others or the giving of general critiques by faculty, coaches, or others, provided that such critiques are not designed to change the substance of the team's brief. ix. Teams may, but are not required to, exchange briefs during the competition.

c.
Scoring and Tiebreaking

i. All oral rounds will be judged under the following criteria:

(a)
Evidence of the research; knowledge of the record, issues and law; organization and reasoning (50 points maximum, 25 points minimum).
(b)
Performance in answering questions, i.e. direct, correct and complete answers. (20 point maximum, 10 point minimum).
(c)
Public speaking performance, including clarity of thought, voice, eye contact, gestures, absence of bad habits, etc. (10 point maximum, 5 point minimum).
(d)
Persuasiveness of counsel, irrespective of merits (likeable sincerity and conviction). (10 point maximum, 5 point minimum).
(e)
Counsel's demeanor/courtroom manner. (10 point maximum, 5 point minimum).

ii. In the preliminary rounds of the Advanced Competitions, the winner of each round will be determined by factoring the teams total oral score with their final total brief score. The brief score will count for 33.3% of the team's total score for the round. The factoring will be done using the following formulas:

(a)
One Judge Panel - (Team total raw oral score x .667) + (final brief score x .333).
(b)
Two Judge Panel - (Team total raw oral score x .667)/2 + (final brief score x .333).
(c)
Three Judge Panel - (Team total raw oral score x .667)/3 + (final brief score x .333).
(d)
Four Judge Panel - (Team total raw oral score x .667)/4 + (final brief score x .333).
(e)
Five Judge Panel - (Team total raw oral score x .667)/5 + (final brief score x .333).

iii. In the Advanced Rounds, the brief score will count for 10% of the team's total score for the round. The factoring will be done using the following formulas:

(a)
One Judge Panel - (Team total raw oral score x .90) + (final brief score x .10).
(b)
Two Judge Panel - (Team total raw oral score x .90)/2 + (final brief score x .10).
(c)
Three Judge Panel - (Team total raw oral score x .90)/3 + (final brief score x .10).
(d)
Four Judge Panel - (Team total raw oral score x .90)/4 + (final brief score x .10).
(e)
Five Judge Panel - (Team total raw oral score x .90)/5 + (final brief score x .10).
iv.
The brief shall not count in the final round of the competition.
v.
Final brief scores will be determined as follows:
(a)
Each brief judge will assign to each brief a numerical score which is based on a 100 point scale.
(b)
The numerical scores assigned to each brief will then be totaled and averaged.

vi. Briefs will be judged on the following point system:

(a)
Cover of the Brief. (Two points maximum)
(b)
Questions Presented. (Eight points maximum)
(c)
Statement of the Case/Statement of the Facts. (Ten points maximum)
(d)
Summary of the Argument. (Ten points maximum)
(e)
Argument:
(1)
Issue Recognition. (Ten points maximum)
(2)
Argument Structure. (Ten points maximum)
(3)
Argument Headings and Tone. (Ten points maximum)
(4)
Authority. (Ten points maximum)
(5)
Persuasion. (Fifteen points maximum)
(f)
Conclusion/Certificate of Service. (Three points maximum)
(g)
Appendix. (Two points maximum)
(h)
Style and Appearance. (Ten points maximum)

d. Once the brief is submitted, teams are entered in the competition. Withdrawal anytime after the submission of briefs will be subject to penalty for withdrawal after the Mandatory Meeting under (3)(e) of this section.

4. BAILIFFS

a.
The Appellant shall provide the bailiff for each preliminary round. The lower ranked team shall provide the bailiff for each elimination round up to, but not including, the semi-finals. The Board of Barristers will provide bailiffs for the preliminary rounds held out-of-town. A list of interested students is available in the Board of Barristers office. The name of the bailiff who will be bailiffing each preliminary round must be submitted to the Vice Chair of Appellate Advocacy box located directly outside the Board of Barristers office by 5:00 p.m. on the day preceding the scheduled round. The name of each bailiff for the elimination rounds must be submitted by 12:00 p.m. (noon) on the day of the round. Teams not meeting this deadline will be penalized one Board of Barristers Competition Point.
b.
Bailiffs must register at the competition table twenty minutes prior to the round they are scheduled to bailiff. Bailiffs who fail to register by that time or who fail to appear will be penalized one Board of Barrister Competition Point.

5. QUESTIONS

a.
Questions regarding an interpretation or clarification of the problem may be submitted to the Vice Chair of Appellate Advocacy.
b.
The deadline for submitting questions is 5:00 pm on the tenth day following the release of the problem.
c.
The Vice Chair of Appellate Advocacy along with the Moot Court Committee will then clarify the problem, answer the question or take no action. Regardless of the course of action taken by the Vice Chair of Appellate Advocacy and the Moot Court Committee, the Vice Chair of Appellate Advocacy will post an official response to the question on the Board of Barristers Bulletin Board.
d.
The official response becomes part of the problem.
e.
Once the deadline for questions has expired, no further questions or changes will be made to the problem.

C. NEGOTIATION COMPETITION RULES

  1. DESCRIPTION OF COMPETITION - In order to be an effective advocate, an attorney must possess the skills of preparation, communication, and evaluation of cases. Each of these skills are associated with effective negotiating. The Negotiation Competitions provide students the practice needed to develop their own negotiating style as well as the ability to persuade and make decisions quickly. The competition involves two teams that are comprised of two negotiators each. Each team will strive to serve their client’s best interests and ultimately attempt to achieve a realistic agreement. The skills learned in this competition will aid the student in preparing for real life negotiations.

     

  2. COMPETITION FORMAT

     

a. Problems

i. Each team will be provided with a different problem prior to each round of the competition. Problems will be comprised of a common set of facts known to all participants and confidential information known only to the competitors of a given client.

ii. The confidential information may not be discussed with anyone other than the members of that particular team. Facts are not to be discussed with any other participants. Participants may not discuss the techniques or strategies of other teams. Any potential violations should be communicated to the Vice Chair of Negotiations immediately.

b.
Legal background material or citations may or may not be provided to participants to aid them in beginning their preparation. Only minimal research will be necessary.
c.
Only reasonable inferences can be made from the information provided. The judges are provided with all the information provided to the participants and the judges may consider anything beyond a reasonable inference as an ethical violation. Any determination of an ethical violation by a judge is final and not appealable.
d.
Neither team is permitted to remain in the presence of the judge(s) during caucuses or any breaks. Because of the potential for disruption of the competition, faculty advisors, coaches, and others electing to observe a round are strongly discouraged from leaving the room once the negotiating period begins until the completion of both teams’ self-analysis. Under no circumstances should an observer leave the room with any particular team during the break when one or both teams are outside the room. The objective is that no team member is to confer with anyone other than his or her respective teammate during a given round.
e.
Time Limits i. Each preliminary round will consist of a 40-minute negotiation session, which may include one 5-minute break per team which, if taken, does not extend the 40-minute session. The 40-minute negotiation period will be followed by a ten minute period for the negotiators to analyze their performance in private and prepare for the self-analysis. The elimination rounds will consist of a 50-minute negotiation session followed by a ten minute period to prepare for self-evaluation. ii. Responsibility for timekeeping and adherence to allotted time periods for the negotiation session, breaks, and self-analysis rests with the teams.
f.
Self-Analysis

Following the 10-minute preparation period, the team listed first on the Competition Bracket Chart will complete their self-analysis in the presence of the judges and outside the presence of the opposing team. At the same time, the second team must discontinue any discussion concerning the round. Once the first team finishes their self-analysis, the second team shall perform its self-analysis to the judge(s). During the self-analysis period, teams should be prepared to respond to questions from the judge(s) concerning the team’s performance. Teams may use this as an opportunity to explain why it chose a particular approach or tactics during the negotiation. The judge(s) may take into consideration, for scoring purposes, anything said during this session.

g. Non-agreement

The inability to reach an agreement will not necessarily affect a team’s score. For further information, see the Negotiation Competition’s Standards for Judging (Appendix E).

h. Scoring

Negotiation teams shall be evaluated pursuant to the Standards for Judging (Appendix E) and the Judges’ Scoring Sheet (Appendix F). All decisions of the judge(s) are final.

3. QUESTIONS

a.
Questions regarding an interpretation or clarification of the problem may be submitted to the Vice Chair of Negotiations.
b.
The deadline for submitting questions is 9:00 am on the day of the round.
c.
The Vice Chair of Negotiations along with the Negotiations Committee will then clarify the problem answer the question or take no action. Regardless of the course of action taken by the Vice Chair of Negotiations and the Negotiations Committee, the Vice Chair of Negotiations will post an official response to the question on the Board of Barristers Bulletin Board.
d.
The official response becomes part of the problem.
e.
Once the deadline for questions has expired, no further questions or changes will be made to the problem.

D. CLIENT COUNSELING COMPETITION RULES

  1. DESCRIPTION OF THE COMPETITION - The Client Counseling Competition provides experience and practice in counseling clients in a simulated office environment. Rounds will consist of either two or three teams competing against one another. All teams will conduct a thirty minute session. The first twenty-five minutes of the session are devoted to a consultation with the client. During this time, teams will elicit relevant information, outline the client's problem, and propose a solution or plan of action to resolve the client's problem. During the remaining five minutes, teams will conduct a post-consultation session discussing what was done in the interview and what areas need further exploration.

     

  2. TEAMS AND PAIRINGS (additional rule)

     

a. At the conclusion of the preliminary rounds, all of the teams will be ranked according to their win-loss record and their point totals. Teams with the best record and lowest point totals will advance to the elimination rounds. In situations in which there is not a natural break from the preliminaries to the elimination round, the Vice-Chair of Client Counseling may permit three team rounds to allow room for those who are tied. Additional teams added to elimination rounds should be included in the rounds of the middle ranked teams in the power protection format (for example, if one team is to be added, that “17th ranked team” would be included in the 8 vs. 9 match-up. An “18th ranked team” would be included in the 7 vs. 10 match-up, etc.). The ranking of tied teams is to be determined in a random manner.

3. COMPETITION FORMAT

a.
Competition Times and Check-In i. At twenty five minutes before each round, teams are expected to be prepared to proceed. For example, if the round were to start at 6:00, all three teams must be checked in by 5:30. The teams must be ready to proceed in the following order: Team #1 -- 6:00 (ready at 5:35) Team #2 -- 6:40 (ready at 6:15) Team #3 -- 7:20 (ready at 6:55) ii. Team order shall be determined by the order in which they are listed on the Competition Bracket Chart.
b.
The Problem

The problems for the first two rounds are included in the packet that will be handed out at the Mandatory Meeting. Teams shall not discuss the problem with anyone outside of their team or their coach. Coaches are not to instruct the team members on how to handle that particular problem. Coaches may give advice on what a team comes up with, but may not "write" strategy for the team.

c. The Clients

Clients will be instructed to treat each team in the same manner. Team members are permitted to "interview" clients only during the initial twenty-five minute consultation period. Any team found to have discussed a problem with any client prior to or during the competition, other than during the consultation session, will be eliminated from the competition and subject to the penalties for withdrawal after the Mandatory Meeting identified in (3)(e) of this section.

d. Scoring

i. All rounds will be judged based on the competitor’s abilities to:

(a)
establish an effective relationship with the client;
(b)
learn how the client views the problem and situation;
(c)
learn the client's initial goals and expectations;
(d)
analyze the client's problems;
(e)
develop alternative "solutions" for the client's problems;
(f)
assist the client in his understanding of possible alternatives;
(g)
help the client make an informed choice among the alternatives;
(h)
recognize and deal with moral and ethical issues;
(i)
effectively conclude the interview; and
(j)
learn from the interviewing and counseling experience.

ii. Each team will be evaluated according to the ten criteria, ranging from 5 (highly effective) to 1 (very ineffective).

iii. The winner of each round will be determined by the judge. One point must be given to the team that the judge believes performed the best in light of the judging standards. Then based on relative performance of each team, each judge must award two points to the second best team and three points to the last place team. Judges may not award half points. There may not be ties between teams. Win-loss point differentials are to be determined by applying the point scale under (ii), above, to the Client Counseling Judge’s Scoring Sheet.

iv. For rounds with a multi-judge panel, the points for all ballots will be added together. The team with the lowest point total will be declared the winner.

4. BAILIFFS & CLIENTS

a.
The first team listed on the bracket shall provide the bailiff for each preliminary round. The lower ranked team shall provide the bailiff for each elimination round up to, but not including, the semi-finals. A list of interested students is available in the Board of Barristers office. The name of the bailiff for each preliminary round must be submitted to the Vice Chair of Client Counseling box located directly outside the Board of Barristers office by 5:00 p.m. on the day preceding the scheduled round. The name of each bailiff for the elimination rounds must be submitted by 12:00 p.m. (noon) on the day of the round. Teams not meeting this deadline will be penalized one Board of Barrister Competition Point.
b.
Bailiffs must register at the competition table twenty minutes prior to the round they are scheduled to bailiff. Bailiffs who fail to register by that time or who fail to appear will be penalized one Board of Barrister Competition Point.
c.
The name of each client for the elimination rounds must be submitted by 12:00
p.m.
(noon) on the day of the round. Teams not meeting the deadline will be penalized one Board of Barristers competition point.
d.
Clients must register at the competition table twenty minutes prior to the round for which they are scheduled to participate. Clients who fail to register by that time or who fail to appear will be penalized one Board of Barristers competition point.

ARTICLE XII

COMPETITION GRIEVANCE PROCEDURE

A. Jurisdiction

  1. The Grievance Committee shall have original jurisdiction over competition grievances filed by any interested party.

     

  2. The term “competition grievance” includes any complaint of any type, arising out of the conduct or other action of a competitor or judge in any Board sponsored competition. The terms “grievance” and “competition grievance” are interchangeable.

     

B. Grievances by Competitors

1. Grounds - A competitor may file a grievance if that competitor believes:

a.
that a competitor violated the rules of the competition, the Board’s Constitution, or the Board’s By-laws; or
b.
that he or she was wronged by the actions of a competitor or a competition judge; or
c.
that he or she was treated in an arbitrary or capricious manner by a competitor or competition judge.

2. Submitting a Grievance

a.
Grievances must be submitted, in writing, to the Vice Chair of the competition or to the Board Chairperson by 9:00 a.m. of the day following the round which is the subject of the grievance. In addition, if an alleged wrong or violation occurs in a competition round and the next competition round follows within three hours or the competition round which is the subject of the grievance is on a Friday, the competitor must provide the Board Chairperson or the Vice Chair of the competition written notification of his or her intent to file a grievance within one hour of the conclusion of the round which is the subject of the grievance. Failure to provide such notification will result in the waiver of the grievance.
b.
The Vice Chair of the competition or the Board Chairperson will submit the grievance to the Chair of the Grievance Committee, along with written findings of fact and recommendations, by 11:00 a.m. of the day following the round which is the subject of the grievance.

3. Requirements of the Grievance - a grievance by a competitor must contain:

a. a statement of facts including names, times, places and occurrences;
b. a statement explaining why the alleged wrong adversely affects the
  competitor(s) submitting the grievance;
c. the particular rule(s) that the competitor believes have been violated;
d. what the competitor believes is the appropriate action to rectify the situation;
  and
e. the signature of the competitor(s) submitting the grievance.

C. Grievances by Other Parties

1. Grounds - Any party associated with a particular competition (e.g., witnesses, bailiffs, judges, etc.) or any faculty member or student of Texas Tech School of Law, other than a competitor, may file a grievance if that party believes:

a.
that a competitor violated the rules of the competition, the Board Constitution, or the Board By-laws; or
b.
that a competitor was wronged by the actions of another competitor or a competition judge; or
c.
that a competitor was treated in an arbitrary or capricious manner by another competitor or competition judge.

2. Submitting a Grievance

a.
Grievances must be submitted, orally or in writing, to the Vice Chair of the competition, the Vice Chair of Judges or to the Board Chairperson by 9:00 a.m. of the day following the round which is the subject of the grievance. If the grievance is submitted orally the person to whom the grievance was submitted must reduce the grievance to writing.
b.
The Vice Chair of the competition, the Vice Chair of Judges, or the Board Chairperson will submit the written grievance to the Chair of the Grievance Committee, by 11:00 a.m. of the day following the round which is the subject of the grievance

3. Requirements of the Grievance - a grievance by another party must contain:

a.
a statement of facts including names, times, places and occurrences;
b.
a statement explaining the alleged offense;
c.
the particular rule(s) that have been violated;
d.
what the interested party believes is the appropriate action to rectify the situation; and
e.
the signature of the interested party submitting the grievance or the person who reduced the grievance to writing.

D. Decision

Any action by the Grievance Committee requires a majority vote of the committee at a meeting at which a quorum is present. Five members of the Grievance Committee constitutes a quorum. The Grievance Committee shall have the power to reasonably investigate any grievance filed. Such investigation shall include reviewing any available evidence which the Committee feels would have a reasonable impact on the Grievance Committee’s decision. The Grievance Committee will make a ruling as to merit and consequences of a grievance within 24 hours after the grievance is received by the Chair of the Grievance Committee, unless otherwise directed by the Board Chairperson or the Faculty Advisor. If the Chair of the Grievance Committee is not available to receive the grievance, the grievance may be submitted to any Grievance Committee member. After a decision is reached, the Grievance Committee will issue an oral ruling to the interested parties. The Committee Chairperson will designate a Grievance Committee member to author the written decision of the Committee. All Grievance Committee decisions will indicate, by name, those members voting in favor of the decision, voting against the decision, and those taking no part in the decision. The written decision will be posted on the Board bulletin board by 11:00 a.m. of the day following the decision. The decision will remain posted for a minimum of seven days. The decision must clearly indicate any sanctions imposed by the Grievance Committee.

E. Sanctions - The Grievance Committee in exercising its jurisdiction may impose one or all of the following sanctions in resolving a grievance:

  1. verbal or written reprimand;

     

  2. a deduction of some or a percentage of total Board competition points;

     

  3. a deduction of some or all Top Gun points;

     

  4. disqualification from consideration for the Top Gun Award;

     

  5. disqualification from the current and/or future competitions; and

     

  6. other sanctions which the Grievance Committee deems necessary to punish the conduct in question or to prevent similar violations in the future.

     

F. Appeal An interested party may appeal the ruling of the Grievance Committee to the Faculty Advisor

by notifying the Board Chairperson in writing. An appeal must include a copy of the original grievance, the written decision of the Grievance Committee and a written statement from the interested party addressing why he or she believes the decision of the Grievance Committee is erroneous.

ARTICLE XIII

BOARD-APPROVED INTERSCHOOL ADVOCACY TEAMS

The following teams constitute the Board-approved interschool advocacy teams as provided in Article III (D) (8) of the Board of Barristers’ Constitution, affecting only the award of Honorary Competition points as set forth in the Constitution and the award of Top Gun Award points as set forth in the By-laws. The following list may only be amended in accordance with Article III (D)

(8) of the Board of Barristers’ Constitution.

  1. ABA Negotiations Competition;

     

  2. ABA Client Counseling Competition;

     

  3. TYLA Mock Trial Competition;

     

  4. William Daniel Mock Trial Competition;

     

  5. ATLA Mock Trial Competition;

     

  6. State Moot Court Competition;

     

  7. ABA Moot Court Competition;

     

  8. NAAC Moot Court Competition;

     

  9. John Marshall Moot Court Competition;

     

ARTICLE XIV

AMENDMENT OF THE BY-LAWS

These By-laws may be amended as indicated in Article VII, section B of the Board of Barrister’s Constitution.

ARTICLE XV

EFFECTIVE DATE

These By-laws were adopted by unanimous vote on August 27, 2007. It has been fully incorporated and is in final form as of February 1, 2008.

______________________________ Sean Long, Chairperson

These By-laws were approved by the Board’s Faculty Advisor on the _____ day of _______________, 2008.

______________________________ Murray Hensley, Board of Barristers Faculty Advisor

TOP GUN AWARD

Cotton, Bledsoe, Tighe & Dawson

I. Purpose The purpose of the Top Gun Award is to recognize and award a $1500.00 scholarship to the best trial advocate during the advocate’s second year of law school.

II. Top Gun Award Winner The Top Gun Award Winner will be determined by calculating Top Gun Points, see art. III, in the advocate’s second year of law school. The advocate with the most points will win the award.

III. Point System

A. Events in which Top Gun Points may be earned - Top Gun Points may be earned by an oral advocate in any intraschool or Board of Barristers approved interschool Moot Court or Mock Trial Competition.

B. Intraschool Competitions - An oralist on an intraschool Moot Court or Mock Trial Team will receive two Top Gun Points for each of the following:

  1. advancing to a quarter-final round;

     

  2. advancing to a semi-final round;

     

  3. advancing to a final round;

     

  4. winning the competition; and

     

  5. winning best oralist in the final round - determined by the judges of the final round or the advocate with the highest point total in the final round.

     

An oralist for the purposes of art. III, § B is one who competes in the round.

C. Interschool Competitions - An oralist on a Board of Barristers approved interschool Moot Court or Mock Trial Team will receive two