Duke University School of Law Moot Court Board

ARTICLE II: PURPOSE (return to Table of Contents)

This Constitution and Bylaws shall govern the Duke University School of Law Moot Court Board, hereinafter the "Board," an entirely student-managed organization established to encourage the development of appellate advocacy as a skill among law students. To that end, the Board pledges to sponsor annual moot court competitions and recognize those students distinguishing themselves through excellence as advocates.

ARTICLE III: MEMBERSHIP (return to Table of Contents)

Eligibility for Membership
All students of Duke University School of Law who participate in intramural moot court competitions sponsored by the Board are eligible for membership on the Board.
Selection of Members
1. Dean's Cup (return to Table of Contents)
  1. Eligibility: First year students are not eligible to participate in the Deans Cup competition.
  2. Scoring and Selection: At the conclusion of at least two (2) preliminary rounds, the top thirty-five percent (35%) of the eligible competitors shall be selected for Board membership, except the number of members selected shall not be fewer than four (4) or more than eight (8).
    1. The number of eligible competitors to be selected shall be calculated at the beginning of round one (i.e., 35% of the number of competitors who start the oral arguments). In the event that determining the top 35% results in a fractional number, that number shall be rounded up to the next whole number.
    2. Once the top 35% of eligible competitors is determined, each eligible competitor within one whole point of the lowest scoring individual within that top 35% will also be selected for Board membership, subject to the limits of Article III(B)(1)(b).
    3. Each competitor’s score shall be calculated such that the final score is out of a possible 100 points. Thirty percent (30%) of the total score is the brief score (each brief having been graded anonymously by multiple Board members who are not competing). Seventy percent (70%) of the total score is the average of all but the highest and lowest oral argument scores.
    4. No more than three (3) third year competitors may be selected for membership.
    5. Elimination round competitors will be chosen on the basis of oral argument scores only.
  3. Honor Code Violations: As described in Article IV, Section G, subsection 1, the Dean’s Cup Coordinators shall prescribe prior to each intramural competition what constitutes an honor code violation in the course of intramural competitions and what procedure will be used for investigating allegations. A competitor who has violated the prescribed rules will be treated as follows:
    1. If the competitor has violated the prescribed rules, he or she shall not go on to compete in the final rounds. The competitor ranked immediately behind shall advance instead.
    2. The Executive Committee will vote on this rule-breaking competitor’s qualifications and may offer the competitor membership on the Board by a vote of 3/4 in favor. A quorum for this vote is seven (7) members of the Executive Committee, one of whom must be the Chair
    3. If a competitor commits a violation in the final rounds, he or she will be disqualified from the competition, and subject to disciplinary action as prescribed in Article III, Section D below.
2. Hardt Cup (return to Table of Contents)
  1. Eligibility
    1. Competition in the Hardt Cup is open only to first year students.
    2. For the purposes of this section, "eligibility" shall be defined as "those participants who have completed the mandatory round and all additional scheduled rounds." Any situation where a competitor is forced to miss a scheduled round for an emergency or other dire circumstances beyond his or her control shall be evaluated and dealt with on a case-by-case basis by the Executive Committee.
  2. Scoring and Selection:
    1. Regardless of the number of competitors in the Hardt Cup after the mandatory round, the top twenty (20) competitors shall be selected for Board membership. In the event of a tie for the twentieth highest score in the final rankings, each competitor sharing the twentieth highest score shall be selected for Board membership.
    2. For purposes of selecting members, each competitor's total score is the average of all but his or her highest and two lowest oral argument scores.
  3. Honor Code Violations: As described in Article IV, Section F, subsection 1, the Hardt Cup Coordinators shall prescribe prior to each intramural competition what constitutes an honor code violation in the course of intramural competitions and what procedure will be used for investigating allegations. A competitors who has violated the prescribed rules will be treated as follows:
    1. If the competitor who has violated the prescribed rules is one of the top eight competitors, he or she shall not go on to compete in the final rounds and shall be subject to disciplinary action as prescribed in section D below. The competitor ranked number nine shall advance instead.
    2. If the competitor who has violated the prescribed rules is ranked number nine through twenty, or has already been replaced in the finals as described in (i) above, the Executive Committee will vote on this competitor’s qualifications and may offer the competitor membership on the Board by a vote of 3/4 in favor. A quorum for this vote is seven (7) members of the Executive Committee, one of whom must be the Chair.
    3. If the competitor who has violated the prescribed rules is ranked number nine through twenty, or has already been replaced in the finals as described in (i) above, the vote on this competitor’s qualifications and may offer the competitor membership on the Board by a vote of 3/4 in favor. A quorum for this vote is seven (7) members of the Executive Committee, one of whom must be the Chair.
3. Jessup Competition (return to Table of Contents)
  Those individuals who earn a position on the Jessup International Moot Court Team through the fall semester open tryout shall be extended invitations to join the Board.
4. Scoring (return to Table of Contents)
  1. The Dean’s Cup and Hardt Cup Coordinators shall be responsible for maintaining an accurate account of all competitors’ scores throughout the competition.
  2. The scoring sheet used during these competitions shall be determined by the Coordinators. The objective of the scoring sheet is to prevent arbitrary and capricious scoring. Judges shall maintain an objective standard so that the selection process, based almost exclusively on these scores, is indicative of true merit. Judges violating these standards shall be subject to sanctions prescribed in Section D below.
5. Invitations (return to Table of Contents)
  Invitations to the Board are to be extended as soon as final results are tabulated, and are to note that acceptance is at the option of the invitee. Each invitee shall be made aware generally of the requirements and expectations of Board membership.
Duties of Members (return to Table of Contents)
1. In joining the Board, each member who gained membership during either his or her first or second year shall commit himself or herself to:
  1. During the term of his or her membership:
    1. Compete in at least one interscholastic competition (students who gained membership to the Board through the Dean’s Cup or Jessup Cup may fulfill this requirement by coaching), or
    2. Serve as an executive officer of the Board, or
    3. Serve in some other position(s) of responsibility designated by the Executive Committee as sufficient to fulfill this commitment.
  2. Judge or serve as bailiff in in all rounds of all tournaments run by the Moot Court Board as necessary.
  3. Attend all Board meetings and training sessions.
2. Board members should be responsive to the needs of the Board, and participate in its other activities, such as aiding in the preparation for the intra-school competitions, and in preparations for interscholastic and national competitions, service on administrative committees, and all other activities which the Executive Committee deems necessary. As part of this duty, each board member must serve as a moot judge for other teams at least once per academic year, as needed by the Board.
3. Board members shall at all times maintain absolute confidentiality regarding the status and scores of competitors, and proceedings of the election meeting. Furthermore, Board members shall not violate any trust given them in their capacity as Board members.
Sanctions (return to Table of Contents)
Failure to comply with the requirements detailed in Section C above may result in disciplinary action in accordance with the Disciplinary Policy. The Disciplinary Policy is to be promulgated by the Executive Committee and distributed to every member of the Moot Court Board.
Resignation of Membership (return to Table of Contents)
Resignation of any member of the Board may be accepted by the Chair, or in the absence of the Chair, by the Vice-Chair. The Executive Committee and membership may be notified of any resignation, at the discretion of the Chair.

ARTICLE IV: OFFICERS (return to Table of Contents)

Executive Committee
The Executive Committee, composed of the Constitutional officers of the Board, shall exercise or delegate all reasonable and necessary powers for the governance of the Board in accordance with this Constitution and Bylaws of the Board.
Chair (return to Table of Contents)
As the chief executive officer of the Board, the Chair shall preside at all meetings of the Board and its Executive Committee, and has ultimate responsibility for the supervision of all Board functions. The Chair shall be the Board’s representative to the faculty, administration, student body, and public. The position of Chair is elected by the entire membership of the Board, as described in Section K below. This position may be held by up to two (2) people.
Vice-Chair (return to Table of Contents)
In the absence of the Chair, the Vice-Chair shall perform the duties of the Chair. The Vice-Chair shall, furthermore, perform all duties assigned by the Chair. The Vice-Chair’s duties include, but are not limited to, chairing all ad hoc Board committees (unless another member is appointed to a chairmanship by the Executive Committee); ensuring that all members maintain their qualifications for memberships; and administering the Board’s Disciplinary Policy. The position of Vice-Chair is elected by the entire membership of the Board, as described in Section K below. This position may be held by only one (1) person.
Secretary (return to Table of Contents)
The Secretary’s duties include, but are not limited to, notifying the membership of all general and Executive Committee meetings; recording the minutes of all meetings; maintaining attendance and membership records; acting as liaison to the non-Law School public; promoting the Board and publicizing the Board’s activities; maintaining and updating the Moot Court Board website (for this purpose, the Secretary can call on other members of the board with website experience, if necessary). The position of Secretary is appointed by the Chair. This position may be held by only one (1) person.
Treasurer (return to Table of Contents)
The Treasurer is responsible for administering the funds of the Board with the consent of the Chair. The Treasurer must also maintain the records of all financial transactions of the Board and issue periodic reports of the status of the Treasury. The position of Treasurer is appointed by the Chair. This position may be held by only one (1) person.
Hardt Cup Coordinators(s) (return to Table of Contents)
1. The Hardt Cup Coordinators shall administer the Hardt Cup Competition. Their duties shall include, in part, providing the problems for the competition; scheduling student judges; providing rooms for arguments; recording judges’ scores; and circulating such information and publicity necessary for the smooth functioning of the competition. The Hardt Cup Coordinators, or their designees, shall, during the term of the competition, serve as final arbiters of any legal or procedural questions arising from the competition. Furthermore, the Hardt Cup Coordinators shall prescribe prior to the competition what constitutes an honor code violation in the course of the competition and what procedure will be used for investigating allegations.
2. The number of Hardt Cup Coordinators may be set by the Executive Committee two weeks prior to the election meeting. This number shall not exceed three (3). At the election meeting the number of positions to be filled can be reduced or increased by a majority vote of the members present, but this number shall never exceed three (3). The position of Hardt Cup Coordinator is open to both second and third year students, and is elected by the entire membership of the Board, as described in Section K below.
Dean's Cup Coordinator(s) (return to Table of Contents)
1. The Dean’s Cup Coordinators shall administer the Dean’s Cup Competition. Their duties shall include, in part, providing the problems for the competition; scheduling judges; providing rooms for arguments; recording judges’ scores; and circulating such information and publicity necessary for the smooth functioning of the competition. The Dean’s Cup Coordinators, or their designees, shall, during the term of the competition, serve as final arbiters of any legal or procedural questions arising from the competition. Furthermore, the Dean’s Cup Coordinators shall prescribe prior to the competition what constitutes an honor code violation in the course of the competition and what procedure will be used for investigating allegations.
2. The number of Dean’s Cup Coordinators may be set by the Executive Committee two weeks prior to the election meeting. This number shall not exceed three (3).At the election meeting the number of positions to be filled can be reduced or increased by a majority vote of the members present, but this number shall never exceed three (3).The position of Dean’s Cup Coordinator is open to both second and third year students, and is elected by the entire membership of the Board, as described in Section K below.
Jessup Cup Coordinator(s) (return to Table of Contents)
1. The Jessup Cup Coordinators shall administer the Jessup Cup competition. The Jessup Cup Coordinators, or their designees, shall, during the term of the competition, serve as final arbiters of any legal or procedural questions arising from the competition. Furthermore, the Jessup Cup Coordinators shall prescribe prior to the competition what constitutes an honor code violation in the course of the competition and what procedure will be used for investigating allegations.
2. The number of Jessup Cup Coordinators may be set by the Executive Committee two weeks prior to the election meeting. This number shall not exceed three (3). At the election meeting the number of positions to be filled can be reduced or increased by a majority vote of the members present, but this number shall never exceed three (3). The position of Jessup Cup Coordinator is open to both second and third year students, and is elected by the entire membership of the Board, as described in Section K below.
Social Chair (return to Table of Contents)
The Social Chair shall organize and oversee all social functions provided for the Board membership. The Social Chair is responsible for organizing and overseeing involvement with Moot Court Board alumni. This position is elected by the entire membership of the Board, as described in Section K below. This position may be held by up to two (2) people.
Interscholastic Coordinator(s) (return to Table of Contents)
1. The Interscholastic Coordinators shall oversee all interscholastic and national moot court competitions entered by the Board members. The Coordinators' duties shall include, in part, arranging for the typing, duplication, and mailing of briefs; preparing travel arrangements and accommodations for the teams; and performing any other appropriate administrative tasks requested by the Chairman or needed by the teams.
2. The number of Interscholastic Coordinators may be set by the Executive Committee two weeks prior to the election meeting. This number shall not exceed three (3). At the election meeting the number of positions to be filled can be reduced or increased by a majority vote of the members present, but this number shall never exceed three (3). The position of Interscholastic Coordinator is open to both second and third year students, and is elected by the entire membership of the Board, as described in Section K below.
Election of Officers (return to Table of Contents)
1. Officers shall be elected annually in April after final invitations for Board membership have been extended. No election shall be held sooner than five (5) days after individual notice of the date, time, and purpose of the meeting is given to every Board member.
2. The date for the election meeting will be set at the discretion of the Chairman. Notice of the meeting shall note that attendance at the election meeting is Constitutionally required. A quorum of 60% is required to elect officers.
3. A description of the duties of each position shall be posted on the Board's website no less than fourteen (14) days prior to the election.
4. Subject to the requirements for office in this Article, the submission of any member name and proposed office shall place that member in nomination for that office. There is no limit on the number of nominations for each office.
5. Members must be nominated to be elected. Nominations will be accepted in writing or by email prior to the election meeting or from the floor during the election meeting.
6. Officers shall be elected in the order in which they are listed in this article. Nominees will have an opportunity to speak on their own behalf. For each officer position, all nominees, after having spoken, shall leave the room and the members will offer discussion about them. If no one is nominated for a position, nominations for that position will be taken from the floor. When all nominees have spoken and been discussed, the vote will be taken.
7. All votes may be by secret written ballot and each Board member shall have one vote per position open in each round of voting for an office. A plurality of votes for a nominee will be sufficient to elect that nominee. The current Chair will preside over the election process. Proxy votes will not be accepted; a member must be present at the meeting to cast a vote.
8. Elected officers will be notified no later than the next day by posting. They shall take office immediately upon such notification.
Resignation and Recall of Officers (return to Table of Contents)
1. The resignation of any officer from office may be accepted by the Chair, or if the Chair resigns, by the Vice-Chair who shall then become the Chair. The Board shall be notified of any vacancy and nominations will be taken until noon of the day of the election meeting. Election will be by secret written ballot and require a simple majority of a 60% quorum is required. Officers shall be notified by a posted notice and shall take office immediately upon such notification.
2. A recall election shall be required upon presentation to the Chair or Vice-Chair of a petition for recall of any officer signed by at least fifty percent (50%) of the membership of the Board. The recall election shall be held not more than twenty-one (21) days after the presentation of the petition and shall otherwise be governed by the provisions of the Article on the election of officers. If neither the recalled officer nor any other Board member chooses to run in a recall election, the position shall be filled as if the vacancy were caused by resignation.

ARTICLE V: MEETINGS (return to Table of Contents)

Conduct of General Board Meetings
1. The Board conducts three types of meetings: business (general), selection, and election meetings.
2. All meetings shall be conducted according to an agenda.
3. The Chair shall preside over all meetings of the Board, with the following exceptions:
  1. Those meetings for which the Chair is unavailable.
  2. Those meetings held during a period when the position of Chair is vacant.
  3. Those portions of meetings addressed to the consideration of an issue in which the Chair actively advocates a position.
4. The Vice-Chair shall preside over meetings falling within the delineated categories. Should the Vice-Chair also be unable to preside for any of those reasons, a majority of the Executive Committee shall designate a member of the Executive Committee to preside.
5. Quorums for specific actions are specified in relevant sections of this Constitution and Bylaws.
Executive Committee Meetings (return to Table of Contents)
The Executive Committee shall meet from time to time to carry out the business of the Board and discuss proposals for general Board meetings. The Chair shall preside over these meetings. Meetings of the Executive Committee are closed to other Board members, except that the Chair may invite other members to Executive Committee meetings to discuss business relevant to them and limited to those matters discussed. Non-Executive Committee members shall not vote on proposals before the Executive Committee.
Proposals (return to Table of Contents)
1. Proposals will be accepted by the Chair via email or in writing up until noon the day of the meeting and added to the agenda. An agenda is required for every Board meeting but need not be posted beforehand.
2. Proposals can be accepted at the meeting at the discretion of the Chair, or by a motion to table that is seconded and carries a simple majority of members present. Such a proposal is automatically added to the next meeting’s agenda.
Proxy Votes (return to Table of Contents)
Proxy votes will not be accepted for proposals in any meeting.

ARTICLE VI: INTERSCHOLASTIC TEAMS (return to Table of Contents)

Selection
1. Any interested Board member may represent the Board as a participant in interscholastic moot court competitions, upon timely notice to the Interscholastic Coordinators. It remains within the discretion of the Chair to determine which members of the Board shall be selected to represent the organization on its competition teams.
2. Participation is open to all second and third-year Board members.
3. If more members are interested in participating in a given competition than there are positions available, the Chair and Interscholastic Coordinators shall prescribe procedures for selecting teams from among the interested members. The Chair and Interscholastic Coordinators shall choose a procedure which is both fair and appropriate for ensuring that the most qualified members of the board are selected.
Faculty Assistance (return to Table of Contents)
To the extent that judging of written and/or oral skills is necessary, a faculty panel may be enlisted to that end.

ARTICLE VII: AD HOC COMMITTEES (return to Table of Contents)

The Chair may, from time to time, create certain administrative committees designed to carry out Board functions. The Chair shall appoint a Board member to chair each committee and designate the specific tasks, responsibilities, and deadlines that the committee must meet. Any committee not chaired by such appointees shall be chaired by the Vice-Chair. Membership on any ad hoc committee shall be open to any Board member, but a limit may be set on the number of members a committee may have. The method of selecting committee members shall be determined by the Chair.

ARTICLE VIII: PARLIAMENTARY AUTHORITY (return to Table of Contents)

The rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with the Constitution and Bylaws and any special rules of order the Board may adopt.

ARTICLE IX: AMENDMENT (return to Table of Contents)

This Constitution and Bylaws may be amended by a two-thirds vote of a quorum of the Board members. A quorum of 60% is required to amend the Constitution and Bylaws. Notice to amend the Constitution and Bylaws must be given to the membership at least one week prior to that meeting. Any member may propose an amendment by submitting it via email or in writing to the Chair, who shall include the text of the proposal in the notice of the next meeting. The Board shall not consider amendments for which prior notice has not been given.

Adopted as amended this 3rdday of September, 2009, by a two-thirds vote of the Duke University School of Law Moot Court Board.

Duke Law Moot Court Board
Duke University School of Law
Corner of Science Drive & Towerview Road
Box 90362
Durham, NC 27708-0362

Jonathan T. Howe Moot Court Board Office
Room 4041

Duke Law Moot Court Board Website
www.law.duke.edu/student/act/mootCourt/index.html
Site Design & Maintenance: David Mansfield
email: david.mansfield@law.duke.edu
Last Modified: 9/3/2009