...May I please the court, my name is ………………… and I am the leading counsel for the appellant, Harridges in this case. If your ladyship is familiar with the facts of the case, may I continue? Harridges is an exclusive London department store; the respondent Mr Ramsey visited the store. After approaching a counter in which a rare item of French truffle was placed with an attached price tag. The respondent ordered 16 grams, amounting to a total price of £16,000. The attendant directs the respondent to take the ticket and go to the cash desk and then collect the truffle upon payment. Mr Ramsey receives a phone on his way to the cash desk, ultimately resulting in his decision not to buy the truffle. Due to the respondent’s refusal to pay, my client bought a claim against the respondent for breach of contract. However, In the previous court it was held that the respondent had no contractual obligation to purchase the truffle, as the ticket and the payment were not presented at the cash desk. For this reason, my clients would like to appeal on the ground that the contract was concluded upon acceptance of 16 grams, prior to the grating of the truffle. My lady, I would like to make it clear that my client is requesting that the appeal be allowed and the decision of the previous court be revered. I will be making two submissions, firstly, in regard to how the respondent showed clear signs of contractual intent, I will be using the case of Storer v Manchester City Council and my...
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...CODE: B IN THE HONOURABLE SUPREME COURT OF SINDYA IN THE MATTER OF: NORTH EASTERN DRY ZONE TALUKAS ANTI CLOUD SEEDING ASSOCIATION……………………………………………………..….......... PETITIONER VERSUS STATE OF NUDI………………………………………………………………....RESPONDENT ON SUBMISSION TO THE HONOURABLE SUPREME COURT JUDGES MOST RESPECTFULLY SUBMITTED COUNSEL FOR THE PETITIONER ULC Bangalore, XVI All India Moot Court Competition, 2012 TABLE OF CONTENTS INDEX OF AUTHORITIES………………………………………………………………………3 INDEX OF ABBREVIATIONS.………...…………………………………………………………9 SYNOPSIS……………………………………………………………………………………..10 STATEMENT OF FACTS……………………………………………………………………….11 STATEMENT OF JURISDICTION………………………………………………………………12 STATEMENT OF ISSUES………………………………………………………………………13 SUMMARY OF ARGUMENTS………………………………………………………………….14 ARGUMENTS ADVANCED…………………………………………………………………….15 I. THE PRESENT WRIT PETITION IS MAINTAINABLE……………………………………15 A. Petitioner has the Locus Standi to file the writ petition……………………………...15 B. There is a violation of fundamental rights……………………………………………17 a) There is a violation of the fundamental right under Article 14 of the Constitution………………………………………………………………………...17 b) There is a violation of the fundamental right under Article 19(1) (g) of the Constitution…………………………………………………………………………18 c) There is a violation of the fundamental right under Article 21 of the Constitution………………………………………………………………………...18 II. THE STATE LEGISLATION IS NOT COMPETENT TO PASS THE “NUDI...
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...research the area of law in question and bring a prepared case to the competition. However, for the purpose of the workshops we will be practising the art of mooting using speed moots. This means that we will provide you with an outline of your arguments/submissions, allowing you simply to attend and moot straight away without having to do any preparation. Usually a moot would follow the structure below: Leading Appellant: 20 minute speech Leading Respondent: 20 minute speech Junior Appellant: 12-15 minute speech Junior Respondent: 12-15 minute speech Judge’s comments. However, the nature of speed mooting means we will be shortening the length of speeches to 8 minutes each for leading counsel and 5 minutes each for junior counsel. THE LINGO Submission – your arguments (each counsel usually makes two – one legal and one based on public policy grounds) Ground of appeal – basic legal point you are arguing (you usually have two of these per side) My learned junior/senior – how you refer to your team mate My learned friend – how you refer to you opponent ETIQUETTE Mooting isn’t like debating. You must always be polite and respectful to both the judge and the other participants, much like an actual trial in court. When the judge walks in at the beginning of the moot, participants all stand and bow as he/she comes in, sitting only after him/her. The same is done in reverse as the judge leaves. You must always refer to the judge as My Lord/Lady...
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...Hogan Lovells - Model Answers The model answers below are specific to Hogan Lovells, but are a good insight into the level of detail you need to go into in any similar application form. Therefore, this guidance is helpful for applications to Allen & Overy and Clifford Chance as well as Hogan Lovells. Now that you have read Hogan Lovells application form advice, and The Rare guide to clear writing, you are nearly ready to start your answers. Below you will find a selection of model answers. The purpose of these answers is to illustrate the level of detail and the quality of writing you need to display. Do NOT copy or lift any passages from the text, or try to paraphrase what is written here. Give details of how you spend your extra-curricular time, including your contribution to any clubs/societies. For at least one of these explain the benefits you derive from this activity. In September 2009, I was elected Academic Affairs Officer to represent the academic interests of students on the college's JCR Executive Committee. In working to improve academic welfare, I have successfully negotiated with college authorities to change disciplinary procedures, as well as implementing a pioneering system of academic feedback. This experience taught me how to find accord on sensitive issues without alienating opponents. I have also organised Open Days and helped to organise Freshers’ Week. Working in a committee and supporting other team members by researching legal issues...
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...------------------------------------------------- Guidelines for writing a MemorialParticipation in the Telders International Law Moot Court Competition consists of an oral and a written part, the memorials. Through the years, many teams have lost vital points on editorial technicalities in their memorials even though these memorials were of a very high legal quality. Considering the fact that the memorials make up 50% of the total score, a proper presentation of the written arguments, in conformity with the Rules of Procedure, is vital in a competition that is getting more competitive each year. Why such an emphasize on presentation? Is the legal reasoning not the most important issue in this competition? Certainly so, but every participant should realize that also in legal practice, solidly and neatly presented legal documents are a "must". A well-written submission, a logically built-up argument is easier for a judge to understand. He or she is more likely to pick up counsel's line of argument and, hopefully, its submission. Uniformly used editing rules make it easier for a judge to find the documents, referred to in the Memorials and it will be easier for him or her to read through the document in general. A well written and neatly and uniformly presented document will show the judge that effort is being put into the case. Combine that with excellent legal arguments and most judges will at least be willing to listen to your case with an open mind.Clarity and consistency...
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...Memorandum TO: Mary Jane Greene and Allen Greene FROM: Cheryl McKenzie DATE: September 17, 2017 RE: 1. Breach of Confidentiality Agreement in Greene v. Lawson 2. In Defense of Wrongful Termination in Lawson v. Greene 3. Injunctions Against Jennifer Lawson, Howell Jewelry World and Triumph Jewels Introduction Greene’s Jewelry Wholesale, LLC (Greene) seeks remedy from previous employee, Jennifer Lawson (Lawson), regarding Lawson's breach of a confidentiality agreement between Lawson and Greene to not disclose trade secrets of Greene's primary asset, Ever-Gold. Lawson, a previous employee of Greene, was terminated after Greene downsized its company. Greene also denies Lawson was wrongfully terminated as she claims in her counter suit. Upon termination, Lawson improperly shared trade secrets from Greene and used them for personal benefit by providing direct competitor, Howell Jewelry World (Howell), with the information in exchange for employment. As a result, Howell developed a modified version of Ever-Gold, with similar characteristics and qualities. Accordingly, Greene also seeks an injunction to prevent Howell from selling its modified version of Ever-Gold. Shortly after hire to Howell, Lawson was terminated and in turn, was hired by another competitor, Triumph Jewels (Triumph). Finally, Greene seeks an injunction to prevent Lawson from further disclosing its trade secrets and Triumph from developing a product similar to Ever-Gold. Statement of Facts Owned by married...
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...Facts: The offended party, Mr. Newman was taken to Big Town Nursing Home by his nephew. The offended party was a 67 year old resigned printer with Parkinson's, joint pain, heart inconvenience, a voice obstruction and a hiatal hernia. After just a couple of days in the home, Newman endeavored to leave and call a taxi. The representatives declined to enable him to leave and when Newman endeavored to physically leave, he was limited and taped into a seat, secured up in the mental wing, and over a time of 51 days denied to clear out. Newman could escape and got a ride to Dallas to a companion's home. Newman then sued the nursing home for false detainment and won a judgment against the nursing home for genuine and model harms. Be that as it may, the nursing home bid the decision. Issue: Did the Nursing Home executed false detainment by holding Newman in a high security area of a nursing home and not giving him a chance to utilize the telephone, leave, or approach his own things. Newman had been kept in the nursing home without wanting to and was later on confined by the respondents' representatives despite the fact that the printed material marked There was never any court procedures to keep the offended party. Besides, his standardized savings check installments were changed without his approval. Finding: The jury trial in Texas Court of Civil Appeals avowed Trial Court's thinking for offended party as the confirmation was adequate to help offended party's case for false detainment...
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...15 CV TIPS: Make RECRUITERS pounce on you like DOGS ON BONES Pre-sript- The links in this post will take you to some invaluable articles. Please do click on them. I have spent quite some time researching for this piece. Links at point 3 and 15 are specially brilliant. Some of you might like to move straight over to point 11, from where the advanced tips start. Anyone can make a good CV provided you are ready to work for it. Paths are made by walking, not waiting. Touche. 1.) Learn Great English. Learn to speak english, write english. Learn how English eat, blow their noses and clean their bottoms. But to remain cultured, stick to the Indian culture. It is better, politer and more suave (Poets tend to be chauvinists). However just to pin- prick your pride here is Wikipedia's article on 'Hin'glish. Don't make the silly mistakes pointed here. BTW as I said, poets are chauvinistic; if you prick my pride with a pin. Ouch! It swells! 2.) Intern in every possible break. Intern after college hours, if possible. There are also online internships possible. The online internships offered by the National Judicial Academy, Bhopal and the Volintern program of Nishith Desai Associates are doable. 3.) Research. Write papers. Write professional blogs. If you want to get into a corporate firm write on corporate law. If you IP is your field get cracking on IP topics. Look for call for papers here. (In your comments you may thank me for this link). 4.) In summers do summer courses...
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...Handbook on International Moot Court Competitions Preparation & Research Methodology This Handbook is intended to serve as a starting point in the preparation for International Moot Court Competitions. In doing so, it explains what international mooting is, the research methodology involved and the most useful resources available for its preparation. It also provides for the approach one needs to adopt in both oral and written requirements of an international competition which significantly differ from national mooting. The objective behind providing this Handbook is the institutionalisation of standard mooting practices. To this end, it documents the most commonly agreed to and widely followed methods of mooting. It needs to be emphasised that this Handbook is not exhaustive on the areas it touches upon. It is presumed and expected that the reader would go well beyond this Handbook in the course of his/her preparation. The following words of Oscar Wilde express this quite succinctly "Education is an admirable thing, but it is well to remember from time to time that that which is worth knowing cannot be taught." Contents 1. Areas of Law involved 2. Difference between International Law & Municipal Law 3. Difference between International Law Dispute Resolution and Municipal Law Adjudication 4. Steps involved in International Law Moot research 5. Sources of International Law 6. Research resources for various sources of International...
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...Meekins graduated from the University of North Carolina at Chapel Hill with a Bachelor of Science in psychology and physical education. He completed his legal studies at Campbell Law School, graduating with distinction in 1986. As a law student, Mr. Meekins served as the president of the Moot Court Board and associate editor for the school's law review, and he was a member of the National Moot Court...
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...Oscar Wilde once quoted that, “I can stand brute force, but brute reason is quite unbearable. There is something unfair about its use. It is hitting below the intellect”. It’s easier to fight a known war than it is to win an unknown battle. Forgiveness and being passive is the sharpest weapon of all. My mock trial team at my school is my second family and whoever disrespects them disrespects me, directly and indirectly. Mock Trial is an act or imitation trial. It is similar to a moot court, but mock trials simulate lower-court trials, while moot court simulates appellate court hearings. Attorneys preparing for a real trial might use a mock trial consisting of volunteers as role players to test theories or experiment with each other. For the past four years, the school’s mock trial team...
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...argument assignment, which often consists of an appellate oral argument that is given as part of the students’ first-year legal research and writing course or as part of a moot court competition. While appellate courts do not grant oral argument as often as they used to,2 oral advocacy remains a critical skill for law students to learn and cultivate, no matter which facet of law practice they enter upon graduation.3 Unfortunately, the prospect of learning this critical skill through an oral argument assignment can be disquieting to students. The main reason for this unease is simple: most law students have little to no oral advocacy experience. Students may, however, ease their anxiety and ultimately deliver an excellent oral argument if they fully understand the purposes of the argument and if they thoroughly prepare for the argument. This article is targeted at oral argument novices. It discusses how you, as a beginner to appellate oral argument, may effectively prepare and deliver an argument, particularly if you are Clinical Associate Professor of Law, Indiana University School of Law – Indianapolis; J.D., Summa cum laude, 1993, Valparaiso University School of Law. Professor Dimitri is faculty advisor to his school’s Moot Court Society and has coached several award-winning teams in interscholastic moot court competitions. Before his appointment to the IU – Indianapolis faculty, Professor Dimitri served as a deputy attorney general in the Appeals Division of the Indiana Attorney...
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...Case Review/IRAC Case Citation John D.R. Leonard, Plaintiff v. Pepsico, Inc., Defendant 88 F.Supp.2d 116 (1999) Key Facts Pepsico conducted a test of a new promotion in the Pacific Northwest from October 1995 to March 1996 where plaintiff saw the advertisement and contended that it offered a Harrier Jet. Through acquaintances, plaintiff raised $700,000, and wrote a check to Pepsi along with 15 pepsi points and a filled out order form for 7,000,000 additional Pepsi points. Defendant’s fulfillment house rejected plaintiff’s submission. Plaintiff’s counsel responded on May 14th, 1996 forewarning that they will file an appropriate action if they do not fulfill their offer of a Harrier Jet. Procedural History This case went straight to the United States District Court. Legal Issue Whether the television commercial constituted an offer of a Harrier Jet. Legal Reasoning Although the plaintiff filled out the Order Form with a check, etc.; -Under these principles, plaintiff’s letter of March 27, 1996, with the Order Form and the appropriate number of Pepsi Points, constituted the offer. There would be no enforceable contract until defendant accepted the Order Form and cashed the check. -The commercial cannot be regarded in itself as sufficiently definite, because it specifically reserved the details of the offer to a separate writing, the Catalog. -As the Mesaro’s court explained, the absence of any words of limitation such as “first come, first served...
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...holding by relying on the fact that, “fellow students and teachers explained they did not perceive [plaintiff] as homosexual . . . [and that] their use of the homosexual name calling was not intended to attack [plaintiff’s] sexuality, but rather was an angered response to [plaintiff’s] mistreatment of other students.” Id. at 863-63. None of the alleged events establish that Plaintiff was harassed because of her gender. Rather, Plaintiff simply states that Ms. Sotomayor continually harangued and harassed Plaintiff via emails that were published to the dean, provost, colleagues, and students of the University. Plaintiff further alleges that when Ms. Sotomayor found out that she was being replaced as the coach of the moot court trial team, she sent an email to the moot court team members saying horrible things about Plaintiff, maligning her reputation and accusing her of plotting, "ploying," and conspiring against her. Nowhere in Plaintiff’s Complaint does she mention that she was harassed due to her gender nor does she provide facts proving that Ms. Sotomayor’s alleged harassment was motivated by Plaintiff’s gender. Plaintiff has therefore failed to make a showing that she was subjected to harassment on the basis of her sex – an essential element to establish a prima facie Title IX cause of action. Further, Plaintiff does not state that the purported harassment was so severe, pervasive, and objectively offensive that it deprived her of access to the opportunities and benefits provided...
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...The 2008 2L Moot Court Tournament at the Liberty University School of Law The 2008 2L Moot Court Tournament at the Liberty University School of Law presented a case in which it went before the United States District Court for the Northern District of Indiana. The case number is 82A04-8876-CV-285 Deborah White vs. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern. The purpose of the courtroom procedure is to argue the motion of summary judgment concerning the case of Deborah White vs. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern. Deborah White is the plaintiff. Amanda Babbitt and Jack Walsh are moot court attorneys represent Mrs. White. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern are the defendants. Two other moot court attorneys Benjamin Walton and Jordan Van Meter represent the defendants. There are certain requirements that a plaintiff must meet to recover damages. “The State of Indiana states: the defendant must have actual knowledge that the person to whom the alcoholic beverages was furnished was visibly intoxicated at the time the alcoholic beverage was furnished and the intoxication of the person to whom the alcoholic beverage was furnished was a proximate cause of the death, injury or damage alleged in the complaint” (Gumprecht). The courtrooms process is intended to challenge the State of Indiana law concerning material fact. The courtroom also wants to argue the defendant’s...
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