LIA 2002 – MOOTING

MOOTING RULES
SEM 1, 2019/2020

1. MOOT PROBLEM

1.1 Release of Moot Problem

The Moot Problem will be released by the course coordinator as soon as feasible.

1.2 Problem Clarifications

1.2.1 Teams may submit written requests for clarifications of the Moot Problem to
the course coordinator by the date set out in Schedule 1.

1.2.2 Problem Clarifications are limited to factual clarifications of the Moot Problem.
No legal clarifications will be provided. All clarification requests must be
accompanied by an explanation of why you think the request is important.

1.2.3 The course coordinator will publish Problem Clarifications on the date set out
in Schedule 1.

1.2.4 Each Team is responsible for adequately noting the Problem Clarifications.

2. MEMORIALS

2.1 Submission and Exchange of Memorials

2.1.1 Each Team must prepare and submit a Memorial.

2.1.2 Each Team must format the Memorial in accordance with the instructions given
herein.

2.1.3 Each Team must bring two (2) hard copies of the Memorial to the memorial
exchange on the date and time and at the place set out in Schedule 1. The
responsibility to prepare the hard copies of the Memorial is with each Team.
The copies will be allocated as follows: One for opposing counsel; one for the
oral/memorial assessor. Both bundles must be identical. Teams must also have
at least one full copy of the printed Memorial/Bundle of Authorities for
themselves. Thus, the minimum total to print will be three (3) copies, although
four (4) copies are recommended (one for each counsel).

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 2.1.4 All teams must submit one (1) soft copy via Turnitin through a link available
on Spectrum on the same date and by the same time as the hard copy. This
means that only one student on each team needs to submit a soft copy. The soft
copy should include only parts (e), (f), (g) and (h) of the memorial as specified
in Rule 2.5.1. The name of the document should reflect your team number. For
instance, Team 1 must name its document “Team 1 Memorial”.

2.1.5 Late submission of a Memorial will incur a penalty as noted on the marking
sheet. Late submission is incurred for either of the hard copies or the soft copy
(but counted only once).

2.2 Language of Memorials

Teams may submit Memorials in English or Bahasa Malaysia. Teams must provide
translations of portions in languages that are not the predominant language of the
Memorial. Any group choosing to submit in Bahasa Malaysia must notify the Course
Coordinator by e-mail no later than 5:00 p.m. on Friday, 20 September 2019. Failure
to provide such notice will result in submission in English.

2.3 Format of Memorials

The font and size of the text of all parts of the Memorial, except footnotes, must be in
Times New Roman, 12-point. Footnotes must be in Times New Roman, 10-point. The
text of all parts of the Memorial, except the Cover Page, Table of Contents, and Table
of Authorities, must be double-spaced and either left-aligned or fully-aligned. The text
of footnotes must be single-spaced, but there must be double-spacing between separate
footnotes. The text of the heading must be single-spaced, but there must be double
spacing between each heading and the body-text of the Memorials. Quotations to
sources of 50 words or more in any part of the Memorial must be block quoted (i.e.,
right and left indented) and must be single-spaced.

The printing of the Memorial, authorities and other documents may be two-sided at
the counsels’ discretion.

2.4 Format of Citations

Apparently there is no written uniform citation system used for submissions to

Malaysian courts. Citations must include all the important information for the authority
and the citation format must be consistent throughout the Memorial. To determine
what information is important, use the following guidelines. In citing primary sources,
such as cases and statutes, refer to the citation format used in the footnotes of
Malaysian cases. In citing secondary sources such as journal articles or books, again
refer to citations in Malaysian cases or, in the alternative, refer to common citation
systems (e.g., OSCOLA, Harvard Bluebook, Australian Guide to Legal Citation).

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 2.5 Description of the Memorial

2.5.1 Parts of the Memorial

The Memorial must contain the following parts, and only the following parts:
(a) Cover Page;
(b) Table of Contents;
(c) Moot Problem;
(d) Problem Clarifications (if any);
(e) Lead Counsel Skeletal Arguments;
(f) Lead Counsel Written Submissions;
(g) Co-Counsel Skeletal Arguments;
(h) Co-Counsel Written Submissions;
(i) Index of Authorities; and
(j) Bundle of Authorities.

2.5.2 Written Submissions

The Written Submissions are your detailed legal arguments. It is in your Written
Submissions that you explain your positions and support them with authorities.

2.5.3 Skeletal Arguments

Your Skeletal Arguments are outlines of your Written Submissions. They contain your
primary arguments in skeletal form. Skeletal Arguments should be arguments, not mere
statements of law or fact. Skeletal Arguments should also include the major authorities (not
all authorities) that support each argument.

2.5.4 Covers

(a) The Colour of the Memorial Covers

The Appellant’s Memorial Covers shall be in red, whereas the Respondent’s shall be in blue.
(Depending on the case, the “Appellant” may sometimes be more appropriately called the
“Applicant.”)

(b) Information Contained on the Memorial Cover

Each Memorial should bear on its cover only the following:
(i) the team number;
(ii) the name of the court;
(iii) the year;
(iv) the name of the case; and
(v) the title of the document.

(c) The Number as Identification on the Memorial Cover

The team number must be placed in the upper right-hand corner of the outside front cover of
each Memorial. For example, for team number 1, the identification of “1” would appear at

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 the upper right hand corner of the outside front cover of the Appellant Memorial. Do not
write “A1” or “R1”.

2.5.5 Index of Authorities

An “Index of Authorities” must be included in each Memorial. The Index is a list of all legal
authorities cited in the Written Submissions. The Index must incorporate a description of
each authority adequate to allow a reasonable reader to identify and locate the authority in a
publication of general circulation. The Index must include the tab/tag at which the authority
is located and the page number(s) of the Memorial on which each authority is cited.

2.5.6 Bundle of Authorities

The Bundle of Authorities is a bundle of the documents in support of the appeal.

Examples of authorities include statutory law and case law. Authorities must be tabbed. Tabs
should be placed at the beginning of each authority but not at the portion that you will quote
or utilize.

Important portions of each authority should be highlighted in yellow. At a minimum, the

portions to which you will be referring in your oral submissions should be highlighted.

The preferred tabs are those that come together/attached to the paper (rather than the stickers
that you stick on the page).

There are no strict guidelines about how many pages of each authority must be included in
the bundle. Generally, full cases should always be included, but exceptions can be made on
a case-by-case basis. Generally, including full statutes or a full copy of constitutions is
unnecessary – only relevant portions should be included. If a full copy is not included in the
bundle, teams should have a copy of it on hand during oral submissions.

2.6 Length

The combined Written Submissions of each Memorial, including any footnotes, must not be
more than 5,272 words. This means the Written Submissions of both counsel combined.

Word count shall be carried out using the standard “Word Count” feature such as that in
Microsoft Word for Windows.

2.7 Limitations on the Use of Footnotes

Footnotes must be used. Nevertheless, footnotes are to be used only to identify the source of
a statement made in the body of the Memorial and to provide the reader with a citation to a
generally available reference for that source. Footnotes may not include substantive
arguments/submissions. Footnotes are to be included in the word count.

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 Illustrative example of an acceptable footnote: Chung Khiaw Bank Ltd v Hotel Rasa Sayang
Sdn Bhd [1990] 1 MLJ 356.

Illustrative example of a footnote in violation of the Official Rules: Chung Khiaw Bank Ltd
v Hotel Rasa Sayang Sdn Bhd [1990] 1 MLJ 356 laid down the important principle that
paragraphs (a), (b), and (e) of section 24 of the Contracts Act 1950 should be read
disjunctively.

2.8 Plagiarism and Working Together

Plagiarism is the act of appropriating the literary composition of another, or parts or passages
of another’s writings, or the ideas or language of another, and passing them off as the product
of one’s own mind, either through exact duplication of another’s work or by lifting
substantial portions without attribution. Follow this simple rule: if you rephrase, cite; if you
copy word for word, quote and cite.

Copying other teams’ work or sharing work is also considered plagiarism. Teams may not
work together. Each pair must work independently. Researching together, writing together,
discussing together and formulating ideas together are strictly prohibited. All of the work
must be done by the two members of each team and only by them. Authorities may not be
shared or borrowed. Giving another team material that you have written, for instance to “let
them see what you have done”, is prohibited.

Penalties for plagiarism include but are not limited to a zero mark.

2.9 Anonymity in Memorials

Names of Team members may not appear on or within the Memorials. Signature pages are
prohibited as well.

2.10 Pagination

The entire bundle should be paginated with one single system of pagination. In other words,
there should be only one “page 1.” Every page in the entire bundle should have a page
number except for the cover page.

3. ORAL PRESENTATION

3.1 Order of speech and timing

3.1.1 The order of speech and timing will be as follows:

(a) Lead Counsel for the appellant – 15 minutes

(b) Co-Counsel for the appellant – 15 minutes
(c) Lead Counsel for the respondent – 15 minutes
(d) Co-Counsel for the respondent – 15 minutes

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 (e) Rebuttal by Lead Counsel for the appellant – 2 minutes
(f) Rebuttal by Co-counsel for the appellant – 2 minutes
(g) Surrebuttal by Lead Counsel for the respondent – 2 minutes
(h) Surrebuttal by Co-counsel for the respondent – 2 minutes

3.1.2 At any time during the oral presentation, the judge(s) may intervene to ask a
question. The clock will NOT be stopped by the timekeeper when this occurs.

3.1.3 Nothing may be handed up to the judge(s) without their express permission.

3.2 Scope of Oral Submissions

A Team’s main oral submissions are limited to the scope of the Team’s Memorial with
the following two exceptions: (1) Teams may respond to submissions made by their
opponent’s memorial; and (2) Teams may, with permission from the bench, use new
authorities that support the submissions made in their written memorials. Permission
to cite authorities not included in the written memorial must be requested from the
court. The scope of the Appellant’s rebuttal is limited to responding to the
Respondent’s primary oral submissions, and the scope of the Respondent’s surrebuttal
is limited to responding to the Appellant’s rebuttal. If new authorities are permitted,
copies should be provided to opposing counsel (if possible, before the day of oral
submissions) and the bench.

3.3 Extension of Time

Judges may, at their discretion, permit time extensions upon request by counsel. Note
that requests for excessive extensions of time will likely reflect poorly in counsel’s time
management.

3.4 Ex Parte Procedure

3.4.1 In circumstances where after waiting five (5) minutes, a Team fails to appear
for a scheduled oral presentation, the course coordinator (or if not present, the
judge) may allow the oral presentation to proceed ex parte.

3.4.2 In the ex parte proceeding, the attending Team shall present its oral submissions.
In such a case, unless supported with justifiable reasons, the Team that fails to
appear for the scheduled oral presentation forfeits all marks.

3.5 Spectators

During an oral presentation, the presence of other students (or family members and
friends) is permitted in the Moot Courtroom subject to the restrictions set forth in
Section 3.6.

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 3.6 Prohibition from attending an oral presentation

3.6.1 Members of a Team that has not completed its scheduled oral presentation shall
not attend an oral presentation. If there is any violation, the course coordinator
must be informed immediately without disturbing the oral presentation or
immediately after the oral presentation has ended.

3.6.2 The course coordinator shall have the discretion to impose a penalty on Teams
that violate this rule.

3.7 Audio and Videotaping

3.7.1 No audio or videotaping of oral presentations is permitted without the advance

permission of the course coordinator. Photos may be taken by spectators freely
in a discreet manner.

3.7.2 Teams are not permitted to view or listen to any audio or video of any oral
presentation until after they have completed their scheduled oral presentations.

3.7.3 The Faculty of Law reserves all rights to the audio and videotaping, or any other
form of audio or visual reproduction, of any oral presentation or part thereof.
All Teams are deemed to have consented to taping and broadcasting of their
oral presentations unless they object beforehand to the course coordinator.

3.8 Laptops and other Electronic Devices in the Moot Court

During an oral presentation, counsel shall not operate laptops, mobile phones, handheld
computers or other computing devices for any purpose unless in compliance with Rule
6. All electronic devices must be switched off or to silent mode during the presentation.

3.9 Duties During the Session Immediately After Your Oral Submissions

3.9.1 Two Team members from an oral session are responsible for acting as bailiff
and timekeeper for the mooting session following theirs. The first session shall
be covered by volunteers not attending the class.

3.9.2 The members of each Team who do not act as bailiff or timekeeper are
responsible for attending the session following theirs as spectators. After the
session, the spectator members must ask at least one intelligent question or give
at least one constructive comment to either the judge(s) or the counsel.
“Intelligent” means it engages substantively with the performance or
persuasiveness of a counsel. A comment such as “X did really great. I enjoyed
her performance.” does not meet this standard.

3.10 Courtroom Communication

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 Communication during the Oral Round shall be limited to written communication
between Team members seated at the counsel table. No communication may take place
between the oralists of opposite teams or with spectators.

3.11 Language of Oral Submissions

Teams may submit in English or Bahasa Malaysia. The language of the oral
submissions must be the same as the written submissions.

4. TEAM COMPOSITION AND WORK PRODUCT

4.1. Team Composition

Unless otherwise specified, a Team is composed of two (2) oralists, namely one (1)
counsel and one (1) co-counsel. Team members must do their own research --
researchers other than Team members may not be used.

4.1 Outside Assistance

Any Team which receives inappropriate outside assistance will be penalized at the
discretion of the course coordinator. All research, writing and editing must be solely
the product of Team members. However, Faculty members may provide advice to a
Team. Such advice must be limited to: general discussions of the issues; suggestions
as to research sources; consultations regarding oral advocacy technique; the location of
legal sources; general legal research methods; general commentary on argument
organisation and structure, the flow of arguments, and format; and advice as to
submission options or similar strategies.

Teams that have completed their oral assessments may not provide assistance in any
way to any other Team. Assistance hereby prohibited includes, but is not limited to,
advising other Teams of questions posed by judges, giving the Team’s notes or
Memorials, engaging in practice moots, or providing video or audio tapes of previous
rounds. A Team may not view or otherwise become privy to any Memorial other than
the applicable Appellant or Respondent Memorials of each of its scheduled opponents.

5. SCORING

5.1 Memorial Marking

The Memorials will be assessed on the quality of legal arguments and presentation
(appearance, tabbing, grammar and spelling, citations, authorities, etc.). A marking
rubric will be available for viewing.

5.2 Oral Assessment

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 The oral assessment will be based on advocacy skills (ability to present in a
convincing, concise and precise manner) and presentation skills (voice, body language,
presentation style, use of bundle of authorities, confidence, etc.). A marking rubric will
be available for viewing.

6. E-Court Option

Teams may opt, for the first time in Semester 1, 2019-2020, to present their oral submissions
using e-documents (i.e., without hard copy memorials). As this is an experimental stage,
counsel must still prepare the number of hard copy written memorials and bundles as
provided for in Rule 2.1.3. Those wishing to experiment, however, may choose to use laptops
during their oral submissions rather than hard copy bundles. A Team wishing to do so must
have the agreement of the opposing Team (which may or may not choose to use e-documents
for their own submissions) and must inform the course coordinator by the deadline set forth
in Attachment A. Teams that choose this option will meet with the course coordinator to
further plan how the E-Court Option will work.

7. Additional and Supplementary Rules

The course coordinator may make rules in addition and/or supplementary to the Mooting
Rules in respect of any matters incidental, ancillary or supplementary thereto.

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 SCHEDULE 1
OVERALL SCHEDULE

Lectures

Week 1, Thurs., 12 Sep., 4:00-6:00 – Introduction to Mooting / Memorial Preparation, DK1

12 Sep – 20 Sep – Sign up with Partner, Spectrum*
Week 2, Thurs., 19 Sep., 4:00-6:00 – Presentation Skills, DK1
Friday, 20 September 5:00 p.m. – Deadline to sign up with Partner on Spectrum and
Deadline to inform Subject Coordinator that you choose to submit in Bahasa Malaysia.

Tutorials

Week 3, Practice Problem 1, 1 hour / 10 groups, MMB / MMC

Thu, 27 Sep – Release of Oral Argument Pairings, Spectrum**
Week 4, Practice Problem 2, 1 hour / 10 groups, MMB / MMC
Week 5, Practice Problem 3, 1 hour / 10 groups, MMB / MMC

Preparation of Memorials and Oral Submissions

Week 6, 14 Oct. – Preparation of Memorials and Submissions

Fri, 18 Oct, 5:00 pm – Deadline for Clarification Requests to Moot Problem, send to
stewart.manley@um.edu.my***
Week 7, 21 Oct. – Preparation of Memorials and Submissions
Thurs., 24 Oct. – Meeting with Subject Coordinator, 4:00-5:00 DK1
Release of Clarifications to Moot Problem, Spectrum
Friday, 25 Oct., 5:00 p.m. – Deadline to inform Subject Coordinator of E-Court Oral
Submissions
Week 8, 29 Oct. – Preparation of Memorials and Submissions
Thurs., 31 Oct. – Memorial Exchange, 4:00-5:00 DK1

Oral Submissions

Weeks 9 – 14 – Oral Submissions (2 hours) – To be scheduled

Thurs., 19 Dec. – Final Comments from Subject Coordinator, Release of Memorial
Scores and Comments on Memorials, 4:00-5:00 DK1

*Students who fail to register by the deadline will be automatically placed into teams.
**Students will be placed against opposing counsel randomly and placed in time slots randomly
with the exception of students participating in external mooting competitions.

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