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Duke University School of Law
Moot Court Board
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POLICIES REGARDING
THE DEAN'S CUP |
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The following guidelines concerning research, brief
writing, oral arguments, and more, apply to the all Dean's Cup
competitors. All competitors will be deemed on notice of
these policies and guidelines. If you are unsure as to what
is or is not acceptable behavior, please err on the side of
caution, and feel free to contact the Dean's Cup Coordinators with
any questions you have regarding the propriety of any specific
conduct. |
- Research & Writing:
- The written brief and
oral arguments should be based on the Record of Appeal from the Appellate
Practice class. Copies of the Record are available on the Dean’s
Cup website.
- Although additional
research is not required, you may use all available research tools,
including LEXIS-NEXIS and Westlaw.
- You may discuss the
case and the issues with other students, professors, or other individuals
within the Duke Law community, but your final written brief to qualify
to the Moot Court Board must be your own individual work.
- You
may not access, review, or rely upon any brief or other writing
prepared or submitted in connection with the actual litigation unless
such a brief or writing is provided by the Moot Court Board.
- Practice
and Oral Argument:
- There are no
restrictions on practicing for your oral arguments. You may
practice with fellow competitors, other students, and/or members of the
Moot Court Board.
- All competitors will
argue both on- and off-brief in each preliminary round.
- Each team will have 25
minutes for each oral argument.
That time must be split roughly evenly between both
teammates. Petitioners may reserve up to 5 minutes of their 25
minutes for rebuttal. If a competitor fails to reserve time for
rebuttal before beginning his or her argument, the rebuttal will be
deemed waived.
- In the course of oral
argument, you need not address all issues raised in your brief.
- The first two rounds
of oral argument will be judged by faculty and alumni. The
semifinal and final rounds will be judged by federal and state court
judges and/or justices and/or faculty members.
- The use of electronic
recording devices is not permitted during any oral arguments,
except where deemed appropriate by the Dean's Cup Coordinators. For
instance, in all likelihood, the final round will be videotaped.
- Competitors will
receive only oral feedback at the conclusion of each round; written
feedback and other evaluations will not be made available to competitors
at any time.
- Restricted Communication
- During the Dean’s Cup
competition, you may not discuss with any person, except your teammate,
what occurred during your own or anyone else’s oral argument until after
all oral arguments are concluded.
- Once the competition
begins, competitors may no longer discuss their preparation with any
person, except their teammate; competitors may continue to prepare with
their teammate.
- Unlike in the Hardt
Cup, for the Dean's Cup there are no restrictions on interaction with
members of the Moot Court Board. You may discuss the problem, your
brief, and/or your oral arguments with Board Members. However,
Board members are not at liberty to discuss the bench brief or brief and
oral argument scoring/judging with any of the competitors.
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