2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

23
SREE NARAYANA LAW COLLEGE, KOCHI RECOGNIZED BY BAR COUNCIL OF INDIA, NEW DELHI AFFILIATED TO MAHATMA GANDHI UNIVERSITY, KOTTAYAM (OWNED AND MANAGED BY SNDP YOGAM, BR NO: 1103) 2 nd ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021 Organized By SNLC Moot Court Society

Transcript of 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

Page 1: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

SREE NARAYANA LAW COLLEGE, KOCHI

RECOGNIZED BY BAR COUNCIL OF INDIA, NEW DELHI

AFFILIATED TO MAHATMA GANDHI UNIVERSITY, KOTTAYAM

(OWNED AND MANAGED BY SNDP YOGAM, BR NO: 1103)

2nd ALL INDIA

VIRTUAL MOOT COURT

COMPETITION

2021

Organized By

SNLC Moot Court Society

Page 2: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

ABOUT THE COLLEGE

Sree Narayana Law College, Poothotta is one among the most eminent institutions

imparting legal education in Kerala. SNLC was established in the year 2012 in the

name of Swami Sree Narayana Guru, a social reformer who fought against

untouchability and caste discrimination. The college has been in the forefront of

imparting legal education since its inception. Its core strength lies in the dynamic and

stern leadership of teaching staff and vibrant student community. The college is owned

and managed by SNDP yogam, Poothotta, and recognized by the Bar Council of India,

New Delhi.

CONCEPT NOTE

Sree Narayana Law College’s 2nd All India Virtual Moot Court Competition 2021 is

the second initiative put forward by SNLC Moot Court Society to assist law students

to indulge in moot court exercises. Our core objective is to help law students to polish

their professional abilities thereby emancipating their competency to handle future

endeavors.

Page 3: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

MOOT PROPOSITION

Zafora is an Asian country with rich cultural heritage. Since the birth of civilizations,

the country had been subject to several foreign invasions. This made Zafora the land

of religions and people following different religions can be seen in the country. Zafora

was colonized by mighty and powerful countries for centuries. However, it became

sovereign democratic republic on February 3, 1950. Soon after, Zafora attained

industrial progress and became the land of commerce, trade and innovations. Caldera

is the southernmost state in Zafora. People of Caldera are progressive as compared to

people of other states in Zafora. Caldera is educationally forward with literacy rate of

96% and is considered the education hub of Zafora with Universities and schools

offering new generation courses.

On 21 March 2020, the Government of Caldera declared holiday sine die for educational

institutions due to outbreak of Covid-19 virus infections in the State. Due to rise in

infections the State further declared regional lockdown in the State. Though lockdown

restrictions were lifted partially on May 23, 2021 the educational institutions remained

closed due to apprehension regarding spread of Covid-19 infections. On July 1, 2020

the Government of Caldera declared that educational institutions could not be opened in

near future and that teaching in educational institutions shall be conducted online. In

order to maintain the reputation of the State in education sector, the Government of

Caldera declared various projects for innovations in the field of online education.

Mr. Sam, a newly graduated engineer along with his friends incorporated a new

Company named Coco Edu Co. Pvt Ltd. On August 10, 2020, the Company

Page 4: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

developed an online education software application that works on Android and iOS

platforms. The application was named “Coco”. Coco app uses block chain technology

to connect educators and students across the world. It offers many online certificate

courses in different subjects like literature, economics, commerce, management, law,

engineering etc. Students are to make their own profiles by uploading their photo,

mobile number and other details. Once profile is created, students can search for courses

of their choice. To pursue the course of their choice, students have to pay fee prescribed

for the course and accept certain terms and conditions. When they click “accept” button

the access to course is unlocked and they can watch the pre-uploaded video classes of

educators of that course. They have to watch all videos within the duration period fixed

for the course and attend an online OMR test. Those students who secure more than 40%

marks shall be awarded a Course Certificate.

Coco app became an instant hit among the student community and the University of

Caldera working under the higher education department of State of Caldera gave

recognition to the courses offered by Coco app. Coco Edu Company reaped a profit of

thirty thousand dollars during the second half of 2020. This prompted Coco Edu

Company to make huge investments for upgrading the Coco app.

On 1st January 2021, Coco app was updated and a new cryptocurrency named “Toy

coin” was introduced in the app. Any student in Coco app who gets more than 90%

marks in the “Online OMR test” for the course he pursues shall get 100 units of Toy

coin, those who get 80% to 90% shall get 70 units of Toy coin and those who get

between 50% and 80% marks shall get 50 units of Toy coin. These Toy coins can be

used by students to make in app purchases of other online courses in which they are

interested.

Page 5: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

On February 3, 2021 Sangham a higher secondary student of tribal community created

her profile in Coco app. She wanted to pursue a course in commerce. She found a course

of her choice in the app and paid the fees fixed for the course, accepted the terms and

conditions and unlocked the course. She found the uploaded video classes to be excellent

and she understood the concepts well. She finished watching all uploaded videos on July

1, 2021 and attended the online OMR test. She secured 95% marks in the test. However,

she was not awarded certificate for finishing the course. She contacted helpline number

given in the app and they promised her to issue the certificate in 2 weeks. But she did

not receive the certificate even after two weeks. Meanwhile Miss Sangham got 100 units

of Toy coin in her wallet in Coco app for securing 95% marks in the online OMR test

aforesaid. On July 16, 2021 Sangham unlocked another certificate course in cyber law

in Coco app by paying the 100 units of Toy coin in her app wallet and started watching

the uploaded video classes. However, from July 20, 2021 she was unable to access the

uploaded videos and the app showed a prompt message to pay the fees for certificate

course on cyber law. She contacted the consumer helpline provided in the app but the

authorities evaded her queries.

On July 25, 2021 “The Morning vibes” a leading newspaper in circulation in Caldera

published a column regarding privacy issues of Coco app. It reported that the officials

in regional offices of Coco Edu company can read all the data uploaded in the Coco app

by the students and also reported some instances in which staff of regional offices of

Coco company has sold the data to some leading companies. Coco Company in an

official statement published on July 21, 2021 stated that Coco app uses block chain

technology and hence all the data uploaded in the app by students cannot be manipulated

by third parties though it can be read by their employees and that all the students who

use the app has agreed their privacy policy.

Page 6: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

On August 1, 2021, Sangam filed a writ petition before the Hon’ble High Court of

Caldera for issuing an order banning Coco app.

The following issues came up for the consideration of High Court and is posted for

hearing:

1. Whether the writ petition is maintainable?

2. Whether Coco app violates the right to privacy under Article 21?

3. Whether Coco app has the right to issue cryptocurrency named “Toy coin”

under Article 19(1)(g) of the Constitution?

4. Whether the “online contract” made on February 3, 2021, between Sangam

and the Coco app can be legally enforced?

Notes:

1. The teams can choose any other issue in addition to the given ones.

2. Laws in Zafora are in Pari Materia with laws in India.

Page 7: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

COMPETITION RULES & REGULATIONS

ARTICLE 1: TEAM COMPOSITION AND ELIGIBILITY

• Each team shall comprise of two speakers and one researcher.

• Students from all law colleges/institutions/universities across the country recognized

by the Bar Council of India are eligible to take part in the Competition.

• All participants must be currently pursuing their bachelor’s degree in Law, i.e., either

3 year or 5-year courses.

• Only one team per college shall be allowed to participate.

• The official language of the competition shall be English.

ARTICLE 2: REGISTRATION PROCEDURE

• Registration shall be based on first come first serve basis and shall be restricted to a

maximum number of 20 teams.

• Each team shall register by filling the Google Form 1 before 25/11/2021, 11:59 pm.

• Registration after the given deadline shall not be accepted, under any circumstances.

• The participants shall be intimated regarding completed registrations by the

organizers via E-mail.

• Teams successfully registered shall be allotted unique team codes which shall be used

to identify the teams during the course of competition.

Page 8: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

.

• The registration fee shall be Rs.2000/- per team. Mode of payment –

Google Pay/ DemandDraft /NEFT

❖ Google Pay: - Rejeesh CR, +919995771337

❖ Demand Draft: - Name - Sree Narayana Law College, Poothotta Payable at

Ernakulam

❖ NEFT: - Account Name: SREE NARAYANA LAW COLLEGE

POOTHOTTA Account Number: 00000032715193367

Branch: Kanjiramattom

IFSCode:SBIN0011918

• Request for refund of registration fee shall not be entertained.

• For any queries regarding the competition and moot proposition

to [email protected]

ARTICLE 3: PRELIMINARY ROUND

• All the 20 teams complying with registration shall compete in the preliminary round.

• All teams successfully registered shall send four video recordings of oral

arguments under the following file names: -

❖ Petitioner Speaker 1

❖ Petitioner Speaker 2

❖ Respondent Speaker 1

❖ Respondent Speaker 2

Page 9: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2O21

• Maximum duration permitted for each video recording shall be 15 minutes each.

Teams are expected to send the video recordings of oral arguments via single

email comprising of 4 separate file attachments or google drive links to

[email protected]

• The evaluation of preliminary rounds shall be purely based on the merit of video

recordings of the oral arguments and written memorials submitted.

(Refer Article 8 & 9)

• Teams shall not be confronted with questions by judges in the preliminary round.

ARTICLE 4: QUARTER FINAL ROUND

• From the 20 teams, 8 teams shall advance to the quarter final round based on their

performance in Preliminary Round.

• Teams arguing on the Petitioner/Appellant & Respondent side shall be decided

by draw of lots on 17th December 2021.

• Individual WhatsApp groups shall be created for each team to ensure rapport with

the organizers. The entire team including the researcher, shall be present at the

virtual live presentations. Teams advancing to the quarter final rounds shall

present their case before judges.

• Each team shall be given 30 minutes for oral presentation. (Refer Article 9)

• Teams are at liberty to divide the allotted time between Speaker 1 & Speaker 2.

An extra 5 minutes shall be given for Rebuttals/Sur-rebuttals. The same must be

intimated prior to the rounds.

Page 10: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

• The time allotted to the teams shall be overseen by a court officer who shall also

pass information to the teams regarding the time left for presentation.

• Additional time shall be granted at the discretion of judges. Further information

regarding this round shall be intimated through the above-mentioned WhatsApp

groups.

• In case teams intend to make reference to compendium submitted, teams are

expected to intimate the same to the concerned court officers prior to the

commencement of the session.

• Evaluation of teams shall be purely based on oral arguments alone. (Refer Article 9)

• In case of tie of marks, memorial marks from the preliminary round shall be taken

into consideration and a final decision shall be made.

ARTICLE 5: SEMI FINAL ROUND

• 4 teams shall advance to the Semi-final round based on their performance in the

quarter final rounds.

• Teams arguing on the Petitioner/Appellant & Respondent side shall be decided by

draw of lots on 18th December 2021 and the session shall be held on 19th December

2021.

• Each team shall be given 30 minutes for oral presentation.

• Teams are at liberty to divide the allotted time between Speaker 1 & Speaker 2. An

extra 5 minutes shall be given for Rebuttals/Sur-rebuttals. The same must be

intimated prior to the rounds.

Page 11: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

• The time allotted to the teams shall be overseen by a court officer who shall also pass

information to the teams regarding the time left for presentation.

• Additional time shall be granted at the discretion of judges. Further information

regarding this round shall be intimated through the above-mentioned WhatsApp

groups.

• In case teams intend to make reference to compendium submitted, teams are expected

to intimate the same to the concerned court officers prior to the commencement of the

session.

• Evaluation of teams shall be purely based on oral arguments alone. (Refer Article 9)

• In case of tie of marks, memorial marks from the preliminary round shall be taken

into consideration and a final decision shall be made.

ARTICLE 6 - FINAL ROUND

• 2 teams shall advance based on their performance in semi-final rounds.

• Teams arguing on the Petitioner & Respondent side will be decided by draw of lots

on 19th December 2021 and the final round shall take place on the same day.

• Each team shall be given 40 minutes for oral presentations.

• Teams are at liberty to divide the allotted time between Speaker 1 & Speaker 2. An

extra 5 minutes will be given for Rebuttals/Surrebuttals. The same must be intimated

prior to the rounds.

Page 12: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

• The time allotted to the team shall be overseen by a court officer who shall also pass

information to the teams regarding the time left for presentation.

• Additional time shall be granted at the discretion of the judges.

• Evaluation of teams shall be purely based on oral arguments. (Refer Article 9)

ARTICLE 7- MEMORANDUM FORMAT

• CONTENTS

o Cover Page (Mentioning the team code on the top right corner)

o Table of Contents

o Table of Abbreviations

o Index of Authorities

o Statement of Jurisdiction

o Summary of Facts

o Issues raised

o Arguments advanced (Not exceeding 25 pages)

o Prayer

• Formatting particulars for the memorandums shall be as follows

o Font type – Times New Roman

o Font size – 12

o Font color – Black

o Line spacing – 1.5

o Alignment – Justified

o Footnotes Font type – Times New Roman

Page 13: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION,2021

o Footnotes Font size – 10

o Footnotes Line spacing – 1

o The entire memorandum shall follow 20th Edition Bluebook citation model

• In case the teams are intending to submit compendiums, the same must be sent to

[email protected] along with the memorandums (both in PDF format).

• The cover page shall include only:

o Team Code

o Forum preferred

o Case name

o Memorandum on behalf of Petitioner/Appellant or Respondent

o Blue color cover page for the Memorandum on behalf of Petitioners/Appellants

and Red color cover page for the Memorandum on behalf of Respondents.

Page 14: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

ARTICLE 8: ASSESSMENT OF ORAL ARGUMENTS

(VIDEO RECORDINGS - PRELIMINARY ROUNDS)

Sl.

No.

Elements of Assessment

Marks Allotment

1

Knowledge of Law & Facts

25

2

Argument Skills

25

3

Clarity of Thought & Interpretation of

Law

25

4

Presentation Style

25

Total

100

Page 15: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

ARTICLE 9: ASSESSMENT OF ORAL ARGUMENTS (QUARTER

FINALS, SEMI FINALS & FINALS)

Sl.

No.

Elements of Assessment

Marks

Allotment

1

Knowledge of Law & Facts

20

2

Argument Skills

20

3

Clarity of Thought &

Interpretation of Law

20

4

Presentation Style, Court Manners & Time

Management

20

5

Proper & Inventive Response to Question

20

Total

100

Page 16: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

ARTICLE 10: ASSESSMENT OF MEMORIALS

Sl.

No.

Elements of Assessment

Marks

Allotment

1

Knowledge of Law & Facts

25

2

Application of Legal Principles, Authorities

& Precedence

25

3

Clarity & Structural Organizations of Points

20

4

Adherence to Citation Models

20

5

Grammar & Drafting Style

10

Total

100

Page 17: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

ARTICLE 11: TIMELINE – LIST OF DATES

Release of Moot Proposition

15-11-2021

Last Date for Online Registration

25-11-2021

Date of Intimation for the Teams Successfully

Registered

26-11-2021

Last Date for Seeking Clarifications Based on the Moot

Proposition

07-12-2021

Last Date for Submission of Memorandum & Video

Recordings

10-12-2021

Inaugurals & Draw of Lots for Quarter Finals

17-12-2021

Quarter Final Round Sessions

18-12-2021

Semi Finals, Final Round & Valedictory Function

19-11-2021

Page 18: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

ARTICLE 12: UNFAIR MEANS, INTIMIDATION &

MISCONDUCT

• Cheating or using of unfair means of any kind is strictly prohibited and if

indulged in, shall result in disqualification of the team.

• Intimidation in any form is prohibited and if indulged in, shall result in

disqualification of the team.

• Misconduct, whether behavioral or otherwise, is not allowed and if indulged

in, shall result in disqualification of the team.

ARTICLE 13: COURT MANNERS (VIRTUAL

ORAL ARGUMENTS)

• Any form of communication between the Bar Table and any person other than

those on the Bench is prohibited and if indulged in, will result in a penalty

point.

• It shall be the discretion of the organizing committee to decide on any

violation of the Rules and Regulations during the round and whether that

violation entails a penalty point. If a participating team, member of the

Bench or court officer wishes to claim a violation inform the organizing

committee of the claim made and shall not consider it as a part of their

deliberations unless directed to do so by the organizing committee.

Page 19: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

ARTICLE 14: SUBMISSION & FORMATTING

OF MEMORIALS

• Delay in the submission of the memorials, use of incorrect font or font size,

use of font of inconsistent size, or improper line spacing, failure to include

all parts of the memorial, or inclusion of an unremunerated part, substantive

legal argument outside of approved sections of memorial, improperly

formatted index of authorities, excessive length, failure to include necessary

information on the memorial cover, inclusion of any identifying mark,

character or text in the memorial shall result in imposition of penalties.

ARTICLE 15: DRESS CODE

• The dress code for all participants throughout the competition shall be white

shirt, black blazer (optional), and black trousers, black tie (optional) for men

and white shirt/kurta, black blazer (optional), black trousers for women.

Strict adherence to the dress code is required.

ARTICLE 16: CONNECTIVITY ISSUES

• Teams advancing to semifinal rounds and final round are advised to use a stable

internet connection for ensuring smooth presentations. ·

• The host institution shall not be held responsible for any connectivity or network

issues that might arise during the course of oral arguments. ·

Page 20: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COUURT COMPETITION,2021

• In case of unprecedented connectivity issues such as abrupt internet failure, taking

the best interests of the teams into consideration 5 minutes shall be allotted for

interrupted session. Such contingencies must be intimated to the organizers through

WhatsApp immediately by the researcher of the concerned team.

• In case the contingency is not mitigated, teams shall be awarded marks based on the

arguments submitted till the point connections were lost. Owing to such

contingency, one team completes oral arguments and the opposite team cannot begin

their oral arguments, the team that completed oral arguments shall advance to the

next round by default.

Page 21: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION,2021

ARTICLE 17: PENALTY TABLE

SI.No

PENALTY

Mark Deduction

1

Late Submission of Memorial

(Refer Article 10)

5 Points

(Thereafter 1 Point

for Every

Additional Day)

2

Non-Compliance with Formatting of

Memorials (Refer Article 7)

5 Points

3

Non-Compliance with Court Manners

(Refer Article 12)

5 Points

4

Non-Compliance with Dress Code

(Refer Article 15)

5 Points

5

Disclosure of Team Identity During Sessions

5 Points

Page 22: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

PRIZES AND CASH AWARDS

Sl. NO.

PARTICULARS

1.

Winners

Rs. 20,000/-

2.

Runners-Up

Rs. 15,000/-

3.

Best Advocate

Rs. 5000/-

4.

Best Memorial

Rs. 5000/-

E- Certificates will be awarded to all the Participants.

Page 23: 2 ALL INDIA VIRTUAL MOOT COURT COMPETITION 2021

2nd ALL INDIA VIRTUAL MOOT COURT COMPETITION, 2021

DETAILS OF ORGANIZERS

SNLC Moot Court Society:

• Dr. Reghunathan K.R,

The Principal,

Sree Narayana Law College, Poothotta

• Smt. Sindhu Soman,

Associate Professor & Vice Principal,

Sree Narayana Law College, Poothotta

• Sri. E.N. Maniappan,

The Manager,

Sree Narayana Law College, Poothotta

Faculty In-Charge:

• Sri. Babu Bethovan, Assistant Professor

• Smt. Aswathi Sukumaran, Assistant Professor

Student Convener:

• Alka Warriar

CONTACT INFORMATION

[email protected]

Babu Bethovan: +918129758372

Alka Warriar: +919037008206