Wisconsin Moot Court Board Constitution and Bylaws 2014-2015

7/25/2019 Wisconsin Moot Court Board Constitution and Bylaws 2014-2015

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CONSTITUTION

of the

WISCONSIN MOOT COURT BOARD

ARTICLE I.

Name of the Organization

This organization shall be known as the Moot Court Board.

ARTICLE II.

Statement of Puro!e

The purpose of the Moot Court Board is to organize, promote, and support intramural and

intercollegiate moot court competition at the University of isconsin !aw "chool. The Moot Court

Board is committed to e#tending the opportunity to participate in moot court competition to the greatest

number of students possible while instilling e#cellence in appellate advocacy skills.

ARTICLE III.

E"ua#it$ of Oortunit$

The Moot Court Board is committed to providing e$uality of educational opportunity. %t is the policy of

the Moot Court Board to encourage and foster, to the full e#tent practicable, the participation of all

$ualified individuals in its programs and activities. The Moot Court Board will not discriminate on thebasis of age, ancestry, arrest record, color, conviction record, creed, disability, gender, marital status,

national origin, parental status, political affiliation or belief, race, religion, se#, se#ual orientation,

pregnancy, or socioeconomic status.

ARTICLE I%.

Promotion of Di&er!it$

%n keeping with its commitment to e$uality and its statement of purpose, the Moot Court board will

conduct an on&going review of its programs and activities and will take such affirmative action as may

be necessary to assure the e$uality of educational opportunity to all $ualified individuals.

ARTICLE V.

Membership

Section 1. Criteria


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A student who meets any one of the following criteria is eligible for membership on the Moot Court

Board:

a. Participation on an intercollegiate moot court team during the preceding year.

b. Participation as a member of the Moot Court Board during the preceding year.

c. Invitation and acceptance of a position on an intercollegiate moot court team for the currentor following academic year.

d. Election as an alternate for the current or following academic year.

e. Approval by the Moot Court Board of a petition to the Moot Court Executive Board from

any law student demonstrating interest and commitment to the Board. Any student attaining

membership by this method shall have all of the rights and duties of a Moot Court Board

member, excluding the right to participate on a team as an oral advocate.

(1) Eligibility Criteria:

a. In order to be considered for the petition-on process to the Moot Court Board, a

student must have competed in the 1L try-out program; and

b. The student must have competed in a nationally recognized moot court competition

and advanced to the final round (or equivalent); and

c. The student must have practiced, as shown by written record, at least as much as

required by Moot Court Board members, including in front of faculty and Moot Court

Executive Board members.

Se'tion (. A''etan'e of In&itation

'n eligible student becomes a member of the Moot Court Board by providing notice to the Moot Court

Board "ecretary in a manner which the Moot Court (#ecutive Board may prescribe.

Se'tion ). O*#igation!

Membership is contingent on regular attendance at Moot Court Board meetings and on satisfactory

completion of any and all obligations which the Moot Court Board may establish in the Bylaws.

Membership shall be terminated upon the failure to fulfill any such obligation.

Se'tion +. Termination

Membership terminates upon graduation from the University of isconsin !aw "chool, upon transfer

to another school or otherwise permanently leaving the !aw "chool, and upon failure to fulfill any

obligation of membership as described in "ection ) of this 'rticle.


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Se'tion ,. Rein!tatement

'n individual whose membership on the Moot Court Board has been terminated under this 'rticle may

be reinstated to membership with the consent of a ma*ority of the members of the Moot Court Board.

ARTICLE %I.

Moot Court Boar- Offi'er!

Se'tion . E#e'tion of Offi'er!.

a. The Moot Court Board shall have seven officers.

b. 'll Moot Court Board officers must be University of isconsin& Madison students

c. The officers shall make all decisions for the Moot Court Board

d. The officers shall be elected in the following order: President, Competition Chair, Vice-President

in charge of the Evans competition, Vice-President in charge of Heffernan, Secretary, Treasurer,

and Evans Problem Writer.

c +oting procedures.

. +oting shall be by secret ballot.

-. The resident shall designate two members who are not running for any office to count the

ballots.

). To be elected, a candidate must receive a ma*ority of the votes cast for that office.

/. "hould no candidate receive a ma*ority on the first ballot, the name of the person 0or

persons in the case of a tie1 receiving the lowest number of votes will be removed from theballot and a vote will be held among the remaining candidates.

2. The process shall be repeated as necessary.

Se'tion (. The Dutie! of the Offi'er!.

a. (ach officer shall be responsible for performing the duties of his or her office as set forth in theConstitution, in addition to any other duties that the Moot Court Board may establish in the By&

laws.

. owers and 3uties of the resident. The resident shall4

a. call and preside over all meetings of the Moot Court Board or the (#ecutive Board,e#cept as otherwise provided in this Constitution5


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b. act as the Moot Court Board6s liaison with the faculty advisor, the 3ean of the law

school, the faculty, and the law school administration5

c. have the power to4

i. delegate authority and responsibility to other Moot Court Board Members5

ii. form and disband committees and subcommittees, as necessary5

d. disburse funds from the Moot Court Board checking account for e#pensessubstantially related to the administration of the Moot Court Board, and not

otherwise funded in the annual Moot Court Budget, including4

i. the incidental costs of intercollegiate moot court teams5

ii. the cost of providing food or beverages for Moot Court meetings or other

functions deemed necessary by the resident5

iii. the cost of purchasing award or other gifts intended to recognize

e#emplary efforts on behalf of the Moot Court Board5 and

iv. any other cost deemed necessary and proper by the resident, and

approved by a ma*ority vote of the (#ecutive Board5

e. recommend to the (#ecutive Board, for its approval by a ma*ority vote4

i. which intercollegiate moot court competitions to propose to attend5

ii. how many students to invite to *oin theBoard5

iii. in con*unction with the Treasurer, a proposed budget for the following

year5

iv. coaches for each of the Moot Court teams5 and

v.any other matter5

f. have primary supervisory authority over each of the Moot Court teams5 and strive to

ensure that all team members and coaches invest the time and effort necessary to

earn the appropriate number of credits.

-. The owers and 3uties of the Competition Chair. The Competition Chair shall4

a. be responsible for organizing and overseeing a mandatory orientation for all

competitors and coaches to occur on the first weekend of the 7all semester each

school year5

b. supervise and assist the coaches on the Moot Court Board5


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c. assist and be the primary contact for the competitors on the Moot Court Board5

d. observe at least two oral arguments of each team5 and

e. be responsible for the continuing education of the Moot Court Board.

). owers and 3uties of the +ice&resident in charge of the (vans Competition 08(vans +ice&

resident8.1 The (vans +ice&resident shall4

a. have primary responsibility for organizing and conducting the (van '. (vans

%ntercollegiate Moot Court competition in accordance with the directions of the

(#ecutive Board.

/. owers and 3uties of the 9effernan +ice&resident. The 9effernan +ice&resident shall 4

a. when necessary, assume the resident6s duties, in the resident6s absence5

b. have primary responsibility for organizing and conducting the :athan 9effernan

intramural moot court competition in accordance with the directions of the

(#ecutive Board.

2. The owers and 3uties of "ecretary. The "ecretary shall4

a. take, post, and maintain minutes of Moot Court Board and (#ecutive Board

meetings, keep a roster of active members, keep a roster of alumni members, take

attendance at each meeting, and count all votes other than election votes5

b. have responsibility for incoming mail, school publicity, and communications with

Moot Court Board members, but may delegate any of these responsibilities to

another member or committee, with the ma*ority approval of the (#ecutive Board5

c. have primary responsibility for organizing and conducting intercollegiate team

tryouts in accordance with the direction of the (#ecutive Board5

d. re$uest checks for the payment of entry fees, and complete the entry forms necessary

for attendance at the intercollegiate moot court competitions selected by the

(#ecutive Board5 and


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e. keep a record of members; service credits.

. The owers and 3uties of the (vans roblem riter. The (vans roblem riter shall4

a. be responsible for creating the competition problem for the (van '. (vans

%ntercollegiate Moot Court competition as well as the bench memo and any other

necessary documents related to the substance of the competition problem5

b. assist the (vans +ice&resident in organizing the (van '. (vans %ntercollegiate

Moot Court competition.


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b. The (#ecutive Board shall consist of all of the officers of the Moot Court Board.

. The (#ecutive Board shall have primary administrative responsibility for the Moot Court

Board.

-. 'ny decision&making authority not e#pressly delegated to an individual officer, or to the

Moot Court Board, shall reside in the (#ecutive Board.

). The (#ecutive Board shall make all decisions by a vote of a simple ma*ority, but shall make

no decisions unless all members of the (#ecutive Board are present.

The (#ecutive Board may delegate its authority to any active member, or to a committee, e#cept that

any two members of the (#ecutive Board may block the delegation of the Board6s authority by

so voting.

Se'tion ). Remo&a#.

'. 'ny member may petition for the removal of an officer by filing a petition with the "ecretary or, inthe case of a petition to remove the "ecretary, with the resident.

B. The petition must be signed by at least five members of the Moot Court Board, and must state the

reason?s@ which cause?s@ the members to seek removal of the officer.

C. ithin twenty&four hours of filing a removal petition, the petitioners shall serve a copy of the

petition upon the officer named in the petition.

3. hen a removal petition have been filed, the resident or, in the case of a petition for the removal

of the resident, the +ice&resident, shall call a meeting of the Moot Court Board to consider thepetition, not less than seven, nor more than twelve days, after the date on which the petition was filed.

(. 'n officer will be removed by a two&thirds vote of the members present at any meeting calledpursuant to this section, provided that a $uorum is present.

ARTICLE %II.

Meeting!/ 0uorum!/ an- %oting

Se'tion . Regu#ar Boar- Meeting!

'. The Moot Court Board shall hold at least one meeting of the entire Board in each semester.&

B. :otice of meetings shall be made via email or other direct electronic communication to members at

least seventy&two 0>-1 hours in advance of the meeting.


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C. The (#ecutive Board shall determine the date and time of each meeting in its own discretion.

Se'tion (. Se'ia# Boar- Meeting!

'. The (#ecutive Board may call a special meeting on a twenty&four 0-/1 hour notice to deal with

specific agenda items if the (#ecutive Board concludes that these items re$uire prompt action by theBoard.

B. 'ny member with a legitimate concern may re$uest that the (#ecutive Board call a specialmeeting.

Se'tion ). Se'ia# E#e'tion Meeting

'. ' special election meeting shall be held each "pring semester after the conclusion of the "pring

Tryout. :otice of the meeting shall be made as soon as reasonably practical, but no later than one week

in advance.

B. The special election meeting may count as ameeting as re$uired under section 0a1 of this article.

Se'tion +. 0uorum!

'. ' $uorum shall consist of one&third of the active members of the Moot Court Board.

Se'tion ,. Ma1oritie!

'. 'll matters, e#cept for the removal of officers and amendments to the Constitution or By&laws,

shall pass upon a ma*ority vote when a $uorum is present.

B. The secretary shall certify whether a $uorum is present prior to the taking of a vote.

C. 'ny vote related in any way to the 3iversity lan shall not be governed by this section.

Se'tion 2. Con-u't of Meeting!

'. The resident shall preside at all meetings.

B. The resident may, at any time, in her or his discretion, delegate the authority to preside to any

other member.

C. 'ny member who speaks without being first recognized by the resident, or one acting with the

resident6s authority, shall be deemed out of order.

3. The resident shall have e#clusive authority over the agenda meeting, e#cept that4

. any matter may be added to the agenda prior to a scheduled meeting by

a. a simple ma*ority vote of the (#ecutive Board, or


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b. a petition signed by twenty active Board members5 or

-. any matter may be added to the agenda, during a meeting by motion, if the motion is

a. seconded, and

b. receives a simple ma*ority of votes.

(. 'ny procedural conflict that arises during a meeting shall be resolved by Aobert6s Aules of =rderAevised, if4

. the resident decides that the conflict cannot be reasonably resolved in any other fashion4 or

-. if, after a motion, and a second, a simple ma*ority of those present indicates that the conflict

cannot be reasonably resolved in any other fashion.

ARTICLE %III.

Amen-ment of the Con!titution

Se'tion . Re"uirement! for Amen-ment

This Constitution may be amended by a two&thirds vote of the active members of the Moot Court

Board.

Se'tion (. Proo!a# of Amen-ment!

'mendments may be proposed at any meeting of the Moot Court Board. The (#ecutive Board shall

distribute via email or other direct electronic communication to members the te#t of any proposed

amendment on the Moot Court Board bulletin board within twenty&four 0-/1 hours of the meeting at

which it was moved and seconded. 'mendments may also be proposed by an officer at any meeting of

the (#ecutive Board. %f this proposal method is used, the (#ecutive Board shall additionally notify the

membership that the distributed amendments were proposed at an (#ecutive Board meeting.

Se'tion ). %oting

'mendments shall be voted on by secret ballot at the first regular meeting of the Moot Court Board

which is called following the posting of the proposed amendment, provided that the te#t of the

proposed amendment has been distributed via email or other direct electronic communication to

members at least seven 0>1 days prior.

ARTICLE I3.


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B$4La5!

Se'tion . %ote! Re"uire- for A-otion

The Moot Court Board may adopt By&laws, which shall pass on a simple ma*ority vote of a $uorum of

the active members of the Moot Court Board.

Se'tion (. Amen-ment

By&laws may be amended by a simple ma*ority vote of the Moot Court Board, provided that advance

notice has been given. %n the absence of advance notice, By&laws may only be amended by a vote of

two&thirds of the members of the Moot Court Board.

B64LAWS

of the

WISCONSIN MOOT COURT BOARD

I. SELECTION O7 MEMBERS

A. Cometiti&e Se#e'tion8 Sring Tr$out

. (ligible law students may become members of the Moot Court Board by being selected

in a competitive try&out procedure that evaluates both oral and written appellate

advocacy skills and potential.

-. "tudents are eligible for the "pring Tryout in the semester in which they have completed

or are enrolled to complete at least -/ graded credits. "tudents wishing to compete inthe "pring Tryout must do so in the first spring semester in which they are eligible.

"tudents who transfer to the University of isconsin !aw "chool after completing one

or more years at another law school will not be eligible to participate in a "pring Tryout.This provision, however, does not limit transfer students; eligibility to participate in the

Megahed and 9effernan competitions.

). The number of team positions and the number of alternates will be determined by the

Moot Court (#ecutive Board, through the resident and will be announced in the

invitation to try&out issued by the Board.

/. The evaluative criteria, method of scoring, and forms used in the selection process will


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be approved by the Moot Court (#ecutive Board and will be made available tointerested students in the invitation to tryout, issued by the Board.

2. =ral performance will be weighted fifty 021 percent and written performance will be

weighted fifty 021 per cent. ritten performance will be evaluated using a blind grading

procedure. 'dditional points may be available as recognized under the 3iversity lan in

"ection +%%%.

. The Moot Court Board may set a deadline for the acceptance by persons who are offered

a position on the Moot Court Board, e#cept that each person shall have at least one week in

which to accept the offer. 'cceptance must be made in writing by notice to the Membership

Chair.

. The winner of the "pring Tryout competition shall be placed on the team of his or her

choice for the following year, provided that such placement complies with other provisions

of these By&!aws and the Moot Court Constitution.

B. OMAR ME9A:ED ORAL AD%OCAC6 COMPETITION

. The =mar Megahed =ral 'dvocacy Competition shall be held in the fall of each year.

-. "tudents wishing to participate in the Megahed competition must do so in the first year

after they are eligible for the "pring Tryout 0the second year for full time students1.

). reliminary rounds4

01 ' writing component may be considered when determining pairings for the

preliminary rounds.

0-1"tudents may argue against the same competitor in both rounds. 'ttention

should be given to allowing each student to argue for each party, if possible.

0)1The rounds will be scored using the same score sheets as are used for first year

try&outs. (ach score will be e#pressed as raw score.

/. 'rgument pairings

01 %f eight 01 or fewer students participate4

0a1 "eeding for the $uarterfinal rounds will be done on the basis of scores from the


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preliminary rounds. The relevant score will be the average of the competitor6s two

0-1 raw scores.

0b1 airings will be first place against eighth, second against seventh, third against

si#th, and fourth against fifth.

0c1 %f fewer than eight 01 students compete, byes will be given as necessary. Thestudent with the highest average preliminary round score will be given the bye.

0d1 %f si# 0


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C. :E77ERNAN INTRAMURAL COMPETITION

/. Aegistration and 'dmittance to 9effernan Class4 The 9effernan Competition is only

open to those students registered for and admitted to the 9effernan class for credit.

articipation in the competition is a re$uirement of the class.

). "tudents wishing to participate in the 9effernan competition must do so in the first year

after they are eligible for the "pring Tryout 0the second year for full time students1.

2. Competition "tructure4

C. The competition shall consist of a written brief and oral argument component.

3. reliminary rounds4

0a1 airings for the preliminary rounds will be at random, and students may argueagainst the same competitor in both rounds. 'ttention should be given to allowing

each student to argue on and off brief, if possible.

0b1 The rounds will be scored using the same score sheets as are used for first year

try&outs. (ach score will be e#pressed as raw score, obtained by adding the brief

and oral scores of the competitor.

0c1 %f eight 01 or fewer students participate4

0i1 "eeding for the $uarterfinal rounds will be done on the basis of scores fromthe preliminary rounds. The relevant score will be the average of the

competitor6s two 0-1 raw scores.

0ii1 airings will be first place against eighth, second against seventh, third

against si#th, and fourth against fifth.

0iii1 %f fewer than eight 01 students compete, byes will be given as necessary.

The student with the highest average preliminary round score will be given

the bye.

0iv1 %f si# 0


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not fall within the top eight 01 scores of all intramural competitors will be

dropped from the competition.

0ii1 The remaining eight 01 competitors will be seeded and paired as in "ection

%0C10-10c1.

(e) If more than sixteen (16) students participate:

0i1 'n octi&final round will be added.

0ii1 "tudents whose average raw score from the two 0-1 preliminary rounds does

not fall within the top si#teen 0


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0ii1 The intramural competitors who are invited to *oin the Moot Court Board will

be allowed to choose teams in the order of their final rank in the competition.

=nce an intramural participant chooses a team, no other intramural participant

will be allowed to choose that team.

2. The scores from the intramural competition are not to be compared to or integrated with the

scores from first year try&outs for any reason.

II. COAC: SELECTION

'. resent Moot Court board members interested in coaching a Moot Court team shall apply to

the resident in writing, according to the deadlines set by the Board6s officers.

B. =f the submissions made to the resident under 0'1 above, coaches shall be selected by the

officers of the Moot Court Board and preference in selection shall be granted in the

following order4

. Moot Court Board members who previously participated on a team in intercollegiate

competition5

-. Moot Court Board members who have not previously participated on a team inintercollegiate competition5

). prior participants on a team in intercollegiate competition who are not members of the Moot

Court Board, provided the selection of such person is approved by a simple ma*ority of the

Moot Court Board5

/. members of the Bar, with preference given to those who participated in intercollegiate moot

court competition as students.

C. hile the Moot Court Board officers have wide discretion in their selections, their decisions

should be guided by the following criteria in evaluating individuals to coach a Moot Court

team4

. the individual6s commitment to the Moot Court program as evidenced by his or her


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service credit contribution for the current academic year, with strongest consideration

for those individuals who go significantly above and beyond the minimum service credit

re$uirement5

-. the individual6s willingness to dedicate the time and energy needed to properly prepare a

team for competition5

). the individual6s writing and oral skills5

/. the individual6s disposition towards others and his or her ability effectively to instruct others

in the art of oral advocacy5

2. the individual6s prior e#perience with a given competition.

3. Transition between Boards

. 7or the purposes of "ection 3, the following definitions will apply4

01 E=ld resident and (#ecutive BoardF& The resident and (#ecutive Board elected in the

previous elections who have served throughout the current academic year.

0-1 E:ew resident and Competition ChairF& The resident and Competition Chair elected

in the most recent election who will serve throughout the upcoming academic year.

-. %n the event that coach selection takes place after the spring election meeting and before

the end of the spring semester, the old resident and (#ecutive Board will be responsible

for making coach selections. The old resident and (#ecutive Board, however, should

consider the input of the new resident and Competition Chair in making these selections.

(. The coaches selected by the officers of the Moot Court Board are sub*ect to approval by the

Moot Court Board6s faculty advisor.

III. CONTEST SELECTION

'. The selection and approval of moot court competitions entered by students from the


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University of isconsin !aw "chool is the e#clusive responsibility of the Moot Court

(#ecutive Board. The (#ecutive Board shall consider the preferences of the Moot Court

Board when making decisions to begin or end participation in certain competitions.

'nnouncements of competition selections are nothing more than a proposal by the

(#ecutive Board and are not a guarantee to compete in a particular competition. 'll

competition selections are premised on the ability of the (#ecutive Board to secure

registration in the competition, which may depend on factors outside the control of the

(#ecutive Board. %f the (#ecutive Board cannot secure registration in a proposed

competition, the resident may consult with the affected team members and coaches, and

the resident shall designate an alternate competition sub*ect to approval by the (#ecutive

Board.

B. Transition between Boards

. 7or the purposes of "ection B, the following definitions will apply4

01 E=ld (#ecutive BoardF& The (#ecutive Board elected in the previous elections who

have served throughout the current academic year.

0-1 E:ew (#ecutive BoardF& The (#ecutive Board elected in the most recent election who

will serve throughout the upcoming academic year.

-. %n the event that competition selection takes place after the spring election meeting and

before the end of the spring semester, the old (#ecutive Board will be responsible for

making competition selections. The old (#ecutive Board, however, should consider the

input of the new (#ecutive Board in making these selections.

C. "tudent organizations, which lack separate faculty approval or have not competed in the

past, may petition the Moot Court (#ecutive Board for approval to participate in moot court

competitions other than that which have been selected by the Moot Court (#ecutive Board.The Moot Court (#ecutive Board will endeavor to approve all such re$uests.

. The student organization must present its selection criteria to the Moot Court (#ecutive

Board and the selection criteria must be approved by a ma*ority of the Board at a regular

meeting.


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-. The selection criteria must permit Moot Court Board alternates to be considered for the

competition, sub*ect to the satisfaction of any membership re$uirement of the organization.

). The student organization will fund the competition from its own funds.

/. articipants in an approved competition under this section may be given credit pursuant to

bylaw %+ at the discretion of the faculty advisor.

3. The Moot Court Board may provide technical and coaching assistance to student

organizations which are participating in approved competitions.

I%. COMPETITOR PLACEMENT

'. (#cept as specified in "ection %, placement of competitors in the various intercollegiate

moot court competitions will be the e#clusive responsibility of the (#ecutive Board.

B. Transition between Boards

. 7or the purposes of "ection B, the following definitions will apply4

01 E=ld (#ecutive BoardF& The (#ecutive Board elected in the previous elections who

have served throughout the current academic year.

0-1 E:ew (#ecutive BoardF& The (#ecutive Board elected in the most recent election who

will serve throughout the upcoming academic year.

-. Competitor placement shall be conducted after the spring elections meeting by the new

(#ecutive Board in consultation with the old (#ecutive Board.

C. %n considering where to place competitors, the (#ecutive Board may consider the following4

. The strengths and weaknesses of the competitors5

-. The argument style of the competitors5

). 7eedback from previous coaches and competitors about the competitions5


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/. references of the competitors5 and

2. 'ny other consideration consistent with the mission of the Moot Court Board as outlined

in the Constitution.

I%. CREDIT AND 9RADES

'. (ach person enrolled in 'ppellate 'dvocacy %% as a team member receives three 0)1 credits

for the semester during which he or she participates in the intercollegiate competition. The

course is taken passGfail.

B. (ach person enrolled in 'ppellate 'dvocacy %% as a coach receives one 01 credit for the

semester during which the team he or she coaches participates in intercollegiatecompetition. The course is taken passGfail.

C. (very school year a mandatory orientation will be held to discuss research, brief writing,

blue booking, and fundamentals of oral advocacy. 'll competitors and coaches will be

re$uired to attend. This orientation will be organized by the Competition Chair and if the

Competition Chair cannot run this meeting then the orientation will be organized by the

9effernan +ice resident.

%. SER%ICE UNITS

'. (ach person enrolled in 'ppellate 'dvocacy %% and each member of the Board is re$uired to

perform a designated number of service units per academic year. The (#ecutive Board shall

determine the needs of the organization and announce the service credit value of activities

and the minimum number of service units re$uired for the academic year by :ovember of

that academic year. %f the (#ecutive Board does not announce the service credit values and

minimum number of service units re$uired for the academic year by :ovember of that

academic year, the minimum number of service units re$uired for the academic year shallbe si#teen 0


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service credit for every hour spent practice *udging a team preparing for a

different student organization;s moot court competition, up to a ma#imum of two

0-1 credits per year.

service credit for every hour spent bailiffing for a Moot Court Board

competition, up to a ma#imum of two 0-1 credits per year. This only applies to

members who have yet to compete.

service credit for every hour devoted to Moot Court Board activities approvedby a member of the (#ecutive Board.

.2 service credit for attendance at Moot Court Board Meetings.

& service credit for une#cused absences at Moot Court Board Meetings.

B. (ach competitor must complete two 0-1 service credits bailiffing for a team preparing for a

Moot Court Board competition. This re$uirement must be satisfied prior to the competitor;s

respective competition.

C. (ach member of the Board must complete the re$uired number of service units in order to

maintain his or her membership on the Board for the following academic year. 7ailure tocomplete the re$uired number of service units may *eopardize the receipt of academic

credit. The (#ecutive Board may make priority accommodations as needed for members

who study abroad, graduate early, or are otherwise away from the law school for part of the

academic year. Members who *oin the Board mid&year via the Megahed Competition shall

complete one&half of the full service unit re$uirement during that academic year. Members

who *oin the Board mid&year via the petition process in 'rticle +, H 0e1 of the Constitution

shall complete the full service unit re$uirement during that academic year.

3. Ienerally, one service unit shall be awarded for appro#imately one hour of service to the

Board. The (#ecutive Board may ad*ust the award of service units where appropriate,given the nature of the task. here appropriate and practical, service units shall be awarded

in increments up to two decimal places 0e.g., hundredths of a service unit1. "ervice Units

may be satisfied by any combination of the following4

. Judging for team practices.

-. 'ssisting in the preparing and running any competition hosted by the law school.

). articipation on a committee or subcommittee.

2. "erving as a bailiff during any competition hosted by the Moot Court Board.

. 'ttending Moot Court Board Meetings. ersons attending Moot Court Board meetings shallreceive one half 0.21 of a service unit. 'n une#cused absence at a meeting will result in a

negative service unit 0&1. 'n une#cused absence occurs when the member does not

communicate to the (#ecutive Board, by the deadline set by the (#ecutive Board, that she

or he will not attend the meeting.

. Judging at Megahed, 9effernan, or 7irst&Kear Tryouts. To *udge during a tryout, the

member must have already competed in an intercollegiate competition.

D. 'ssisting in Moot Court activities that are approved by a member of the e#ecutive board or

faculty advisor.


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(. (ach member shall have the responsibility of completing service units. The (#ecutive

Board shall approve and log the units. 'ny member not fulfilling the re$uirement in a given

academic year shall be notified by the (#ecutive Board of his or her deficiency.

7. 7ailure to fulfill the service unit re$uirement in any academic year may result in any of the

following penalties applicable4

. third&year members will not be eligible to coach any team if they do not complete their

service units re$uirement during the second year5

-. any member who does not complete his or her service units re$uirement during any

academic year may face penalties within the (#ecutive Board;s discretion, up to and

including removal from the Board.

I. hen members are removed for failure to meet the service units re$uirement, they may

appeal to the entire Board, as provided in the Constitution 'rt. +, "ec. 2, by showinge#tenuating circumstances.

9. +acancies created when team members are removed may be filled by alternates or by

students who participated in try&outs but were not invited to *oin the Board.

%I. Three Stri;e Po#i'$

01 'ny member of the Moot Court (#ecutive Board may, with the consent of the resident and

Membership Chair, issue a strike to a Board Member for failure to perform their responsibilities

as a Board Member. ' strike may be issued for the following4

0a1 %nsubordination to an (#ecutive Board member or coach

0b1 Une#cused absence from a mandatory Moot Court Board event

0c1 7ailure to comply with any directive of an (#ecutive Board member or coach

0d1 'ny other action not specifically covered above but deemed appropriate by the

(#ecutive Board

0-1 "trikes shall be issued in the following manner4

0a1 The first strike shall consist of a written warning to the Board Member

0b1 The second strike shall consist of a meeting between the Board Member, the

resident, and the Moot Court Board 7aculty 'dvisor

0c1 The third strike shall consist of a meeting with the Board Member, the entire(#ecutive Board, the Moot Court Board 7aculty 'dvisor, and the University of

isconsin !aw "chool 3irector of "tudent !ife. 'fter asking $uestions of and

listening to the Board Member in $uestion, the (#ecutive Board may decide to take


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any of the following non&e#haustive actions through two&thirds ma*ority approval4

0i1 :o action if the (#ecutive Board believes the Board Member will

no longer cause issues on the Board

0ii1 Aefer to the Moot Court 7aculty 'dvisor a re$uest to submit a

grade of Unsatisfactory 0EUF1 if the Board Member is receiving

credit during the semester when the third strike is issued.0iii1 ermanently Aemove the Board Member from the Moot Court

Board

0iv1 'ny other action the (#ecutive Board deems appropriate after

consultation with the Moot Court Board 7aculty 'dvisor and

!aw "chool 'dministration

0)1 ' re$uest to issue a strike must be communicated via e&mail to the resident and

Membership Chair and must state reasons why issuing the strike is appropriate. %n the event

that the resident or Membership Chair re$uest issuance of a strike, each shall re$uire

approval from the other before issuing the strike.

0/1 rior to the issuance of a strike, the resident or Membership chair shall provide the Board

Member in $uestion with written notice that a strike may be issued against them. The

notice must detail the conduct in $uestion giving rise to the strike. The Board Member will

be given two days to respond to the notice, allowing the Board Member an opportunity to

e#plain their conduct. 'fter the resident and Membership Chair have received such a

response, they shall determine whether a strike should be issued based on all the

information received.

%II. DISPUTE RESOLUTION PROCEDURE

'. 'll grievances brought by participants in 'ppellate 'dvocacy %% or members of the Moot

Court Board will be resolved through the following three&step procedure4

. ' grievance must initially be presented orally. hen the grievance concerns the operation

of a team, the grievance will be presented to the coach of the team. %f the grievance

concerns one of the coaches of the team, it will be presented to the (#ecutive Board. 'ny

other grievance will be presented to the (#ecutive Board. ' grievance must be presented

within seven 0>1 days of the action or event that gives rise to the grievance. "even 0>1 days

are allowed in which a written response may be made.

-. %f the dispute is not resolved at the first step, the aggrieved member may present the

grievance to the (#ecutive Board by delivering a written statement of the grievance to the

resident. %f the grievance is against the resident, it will be presented to one of the +ice


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residents. %f any member of the (#ecutive Board is implicated in the grievance, that

member will not be involved in its initial evaluation. The written grievance must be

presented within seven 0>1 days of receipt of a written response or the e#piration of the time

limit specified in the first step.

). The member of the (#ecutive Board to whom the grievance was presented will call a

special meeting of the (#ecutive Board within seven 0>1 days to consider the grievance, and

will make copies of the grievance available prior to the meeting. ' copy of the grievance

will be provided to all parties implicated, and those parties will be invited to attend the

meeting and to present their views. 't the discretion of the (#ecutive Board, the parties may

be heard at separate meetings. The (#ecutive Board will respond in writing to the grievance

within fifteen (15) days after the parties have been heard. The decision of the Board is

binding, e#cept as provided by step ).

/. %f the dispute is not resolved at the second step and is based upon an allegation of

discrimination because of age, ancestry, arrest record, color, conviction record, creed,

handicap, marital status, national origin, parental status, political affiliation, race, religion,

se#, or se#ual orientation, the aggrieved member may bring the grievance to the 'ssociate

3eans6 office pursuant to University of isconsin !aw "chool Aule -.. 'ny other

unresolved dispute will be presented for consideration to the 7aculty 'dvisor for the Moot

Court program.

B. :othing in the section precludes any member from concurrently following appropriate

grievance procedures as established by University of isconsin or !aw "chool rules.

%III. AWARDS

'. 'wards 7rom Competition

'll pla$ues, trophies, and monetary awards received at competitions entered into on behalf

of the Moot Court Board are, and shall remain, the property of the Board. The (#ecutive

Board shall arrange for these awards to be permanently and properly displayed.

B. Milwaukee Moot Court 'ward


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. This award is given to the person or persons providing the greatest service or contribution to

the Moot Court program.

-. :omination and selection for the recipient0s1 of the award shall be made in writing, by any

active Moot Court member, prior to 'pril .

). :ominations shall be forwarded to the Membership Chair, who will prepare a ballot

containing the names of all nominees, and make one ballot available to each active Moot

Court member.

/. The person receiving the highest number of the votes cast shall receive the award.

2. ' nomination or vote may specify that the award should be e$ually divided among more

than one person.


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and the academic year0s1 of service to the Board.

-. (ach active member will receive a certificate commemorating his or her service and

participation on the Board. The certificate will indicate the name of the member and the

academic year during which he or she served.

). Certificates will be procured by the Membership Chair after obtaining proper approval for

any e#penditures re$uired, unless the responsibility is delegated to another member or to a

committee.

(. The Aoster of Moot Court Board Members

. (ach year the Membership Chair shall compile a complete and accurate roster of active

Board members, including the names of each (#ecutive Board officer, and the office held.

-. The roster shall be prepared in a manner suitable for framing and permanent display.

). rior to the end of the academic year, the Membership Chair shall have the roster framed in

a manner substantially similar to the rosters framed in previous years.

/. 'fter presenting the framed roster to the Board for its inspection and approval, the roster

shall be prominently displayed in the !aw "chool as near to the other rosters as practically

possible.

7. =ther 'wards.

. (ach year an award should be given to the following students4

a. the participant in the first year try&out competition receiving the highest score on his or her

appellate brief5

b. the participant in the first year try&out competition receiving the highest score on his or her

oral argument5

c. the winner of the oral advocacy competition, to be held in the fall semester, if held5 and

d. any other Moot Court member or other to whom the Board votes to present an award.


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-. (very possible effort should be made by the (#ecutive Board to receive the necessary

approval for naming any of the awards described in section 701 in honor of a person or

institution deserving of such an honor.1

I. 'nnual 'wards Aeception.

. (ach year the (#ecutive Board should make every practical effort to hold an awards

reception at the end of the academic year.

-. %f held, all awards should be presented at the reception, including the certificates described

in section 3, and the framed roster described in section (.

I3. DI%ERSIT6 POLIC6

'. This plan shall be designated the 3iversity lan 0the ElanF1.

B. The goal of the lan is to ensure the bringing together of $ualified students from diversebackgrounds. Combining students with a variety of diverse backgrounds, such as, but not

limited to, cultural, racial, political, geographic, se#, gender, se#ual orientation and socio&

economic, for the purpose of engaging in a practical learning e#perience through legal

research, writing, and oral communication helps to foster an enriched environment for

learning, in addition to helping board members develop the necessary skills to serve a

diverse range of future clients from the local, national, and international communities.

C. The lan shall be administered and implemented as follows4

. The lan shall consist of a voluntary $uestionnaire that all potential applicants will

be asked to fill out and return with their try&out brief.

-. The lan shall be administered and implemented by the Moot Court Board resident,

in consultation with two 0-1 Moot Court Board members nominated by the resident and

approved by the Moot Court Board. "pecial consideration should be given to the

Membership Chair of the Moot Court Board and the person responsible for tabulatingthe results of the Moot Court Board;s spring try&outs. (very $uestionnaire shall be read

and evaluated by these three 0)1 individuals, resulting in an averaged diversity score.

). The $uestionnaire shall be evaluated in light of the goal stated in subsection B of

"ection +%%%, and against the following factors4

Under&represented race or ethnicity


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Uni$ueGunder&represented cultural background

Ieographically under&represented background

=vercame socio&economic barriers to performance

=vercame physicalGlinguistic barriers to performance

7oreign !anguage

Unusually interestingGneeded future career plans

UnusualGvaluable life e#perience or prior *ob e#perience

=ther

(very factor is considered to be of e$ual importance and shall be weighed e$ually.

/. 'pplicants will be eligible to receive bonus points to be added to their raw brief and

oral score prior to final selection. Bonus points shall not e#ceed five 021 percent ofapplicant;s total raw score.

3. The structure and contents of the lan are available to the entire law school community5

however, the administration and implementation of the lan shall remain confidential. %n

addition, all $uestionnaires shall remain confidential and shall be destroyed following the

announcement of the new moot court board.

3. DISABILIT6 PARTICIPATION PLAN

'. %n keeping with its commitment to diversity and e$uality of opportunity, the Moot Court

Board will make all reasonable accommodations to facilitate participation in Moot Court for

all interested persons with a recognized disability.

B. 't no time, however, will the Moot Court Board make accommodations that will cause an

undue hardship on the board or any of its members.

C. Aeasonable accommodations, designed to facilitate participation in Moot Court, will be

individualized. Aecognizing the uni$ue and individual nature of each person and eachindividual disability, the Moot Court Board will make reasonable accommodations tailored

to each person.

. (ach year the resident may appoint a committee of three 0)1, approved by the (#ecutive

Board, to effectuate the purposes of this provision. The resident shall appoint and activate

this committee upon a re$uest for accommodations.


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-. The committee will be responsible for designing programs that reasonably accommodate

individuals with disabilities.

). The committee shall consult with the 3ean of "tudents for the !aw "chool to obtain the

information, financial support, and guidance in effectuating this provision.1

3. 3isabled persons who seek to become a member of the Moot Court Board or participate in

%ntramural Competitions, have an affirmative responsibility to inform the Board of the

nature of their disability so that reasonable accommodations may be made.

. :otification must be made in writing, with copies being sent to the Moot Court Board

resident and the 3ean of "tudents for the !aw "chool.

-. :otification shall be made no later than three 0)1 weeks prior to the competition or try&out

that the person will be competing in.

3I. RULES 9O%ERNIN9 T:E USE O7 L),

'. !)2 is available for use by all active Moot Court Board members for on a first&come, first&

served basis.

B. !)2 may be used for any purpose not otherwise prohibited by !aw "chool or University

rules.

C. %f a conflict concerning the use of !)2 does arise, the following order of priority shall

determine which Board member or members shall have priority for use4

. Moot Court Board members who are also competing on a Moot Court team, and who need

to use the room for team purposes shall have priority over

a. those members on a Moot Court team who need to use the room for non&team purposes, and

b. those members not on a Moot Court team.

-. Those Moot Court Board members on a Moot Court team who need to use the room for


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non&team purposes, and those members not on a Moot Court team shall have the same

priority.

3. here the use of the Moot Court Board room does conflict, members shall use the room in

a manner that is respectful of the non&conflicting use made by other members.

(. 'ny dispute concerning the use of !)2, not otherwise resolved by the users themselves,

shall be resolved by the Moot Court Board resident, or in his or her absence, either of the

Moot Court Board +ice&residents.

7. %f the (#ecutive Board, by a ma*ority vote, determines that a Moot Court Board member has

misused the Moot Court Board room, or otherwise used it in a manner contrary to the

priorities established by these rules, the member may be removed from the list of people

entitled to use the Moot Court Board room.

I. (ach semester the Membership Chair shall provide the library with a current list of active

members who should be allowed to use !)2 .

3II. DRA7TIN9 COMMITTEE

'. The resident shall have the authority4

. to create a 3rafting Committee and subse$uently appoints its chairperson5 and

-. with the approval of a simple ma*ority of a $uorum of the Board

a. to recommend that the Committee be charged with a specific mission or goal5 or

b. to recommend the Committee be disbanded5 or

c. to change the Committee6s mission, chairperson, or membership.

B. Committee Members

. Members of the (#ecutive Board will also be members of the Committee.

-. 'ny other active Board member who has not may *oin the Committee by informing the


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Committee chairperson of his or her intention to so *oin.

C. The purposes of the Committee shall include4

. consideration of amendments to the Constitution5

-. drafting possible amendment to the Constitution5

). soliciting input from Board members concerning possible amendments5

/. presentation of possible amendments to the Board for approval.

3. Meetings

. 'll meetings of the 3rafting Committee shall be open to all active Board members, even if

not Committee members5

-. 'll meetings shall be publicized by posting a notice on the Moot Court bulletin board forty&

eight 0/1 hours before the meeting time.

(. +oting

. (ach member of the 3rafting Committee shall have one vote, e#cept the Moot Court Boardresident, who shall not vote e#cept in case of a tie5

-. 'll Committee decisions shall be made by simple ma*ority vote.

Wisconsin Moot Court Board Constitution and Bylaws 2014-2015

Documents

Transcript of Wisconsin Moot Court Board Constitution and Bylaws 2014-2015