CONSTITUTION

of the
WISCONSIN MOOT COURT BOARD
ARTICLE I.
Name of the Organization
This organization shall be known as the Moot Court Board.
ARTICLE II.
Statement of Purpose
The purpose of the Moot Court Board is to organize, promote, and support intramural and
intercollegiate moot court competition at the University of Wisconsin Law School. The Moot Court
Board is committed to extending the opportunity to participate in moot court competition to the greatest
number of students possible while instilling excellence in appellate advocacy skills.
ARTICLE III.
Equality of Opportunity
The Moot Court Board is committed to providing equality of educational opportunity. It is the policy of
the Moot Court Board to encourage and foster, to the full extent practicable, the participation of all
qualified individuals in its programs and activities. The Moot Court Board will not discriminate on the
basis of age, ancestry, arrest record, color, conviction record, creed, disability, gender, marital status,
national origin, parental status, political affiliation or belief, race, religion, sex, sexual orientation,
pregnancy, or socioeconomic status.

ARTICLE IV.
Promotion of Diversity
In keeping with its commitment to equality and its statement of purpose, the Moot Court board will
conduct an on-going review of its programs and activities and will take such affirmative action as may
be necessary to assure the equality of educational opportunity to all qualified individuals.
ARTICLE V.
Membership
Section 1. Criteria

A student who meets any one of the following criteria is eligible for membership on the Moot Court
Board:
a. Participation on an intercollegiate moot court team during the preceding year.
b. Participation as a member of the Moot Court Board during the preceding year.
c. Invitation and acceptance of a position on an intercollegiate moot court team for the current
or following academic year.
d. Election as an alternate for the current or following academic year.
e. Approval by the Moot Court Board of a petition to the Moot Court Executive Board from
any law student demonstrating interest and commitment to the Board. Any student attaining
membership by this method shall have all of the rights and duties of a Moot Court Board
member, excluding the right to participate on a team as an oral advocate.
(1) Eligibility Criteria:
a. In order to be considered for the petition-on process to the Moot Court Board, a
student must have competed in the 1L try-out program; and
b. The student must have competed in a nationally recognized moot court competition
and advanced to the final round (or equivalent); and
c. The student must have practiced, as shown by written record, at least as much as
required by Moot Court Board members, including in front of faculty and Moot Court
Executive Board members.

Section 2. Acceptance of Invitation

An eligible student becomes a member of the Moot Court Board by providing notice to the Moot Court
Board Secretary in a manner which the Moot Court Executive Board may prescribe.
Section 3. Obligations
Membership is contingent on regular attendance at Moot Court Board meetings and on satisfactory
completion of any and all obligations which the Moot Court Board may establish in the Bylaws.
Membership shall be terminated upon the failure to fulfill any such obligation.
Section 4. Termination
Membership terminates upon graduation from the University of Wisconsin Law School, upon transfer
to another school or otherwise permanently leaving the Law School, and upon failure to fulfill any
obligation of membership as described in Section 3 of this Article.

Section 5. Reinstatement
An individual whose membership on the Moot Court Board has been terminated under this Article may
be reinstated to membership with the consent of a majority of the members of the Moot Court Board.
ARTICLE VI.
Moot Court Board Officers
Section 1. Election of Officers.
a. The Moot Court Board shall have seven officers.
b. All Moot Court Board officers must be University of Wisconsin- Madison students
c. The officers shall make all decisions for the Moot Court Board
d.

The officers shall be elected in the following order: President, Competition Chair, Vice-President
in charge of the Evans competition, Vice-President in charge of Heffernan, Secretary, Treasurer,
and Evans Problem Writer.

c Voting procedures.
1. Voting shall be by secret ballot.
2. The President shall designate two members who are not running for any office to count the
ballots.
3. To be elected, a candidate must receive a majority of the votes cast for that office.
4. Should no candidate receive a majority on the first ballot, the name of the person (or
persons in the case of a tie) receiving the lowest number of votes will be removed from the
ballot and a vote will be held among the remaining candidates.
5. The process shall be repeated as necessary.
Section 2. The Duties of the Officers.
a. Each officer shall be responsible for performing the duties of his or her office as set forth in the
Constitution, in addition to any other duties that the Moot Court Board may establish in the Bylaws.
1. Powers and Duties of the President. The President shall:
a. call and preside over all meetings of the Moot Court Board or the Executive Board,
except as otherwise provided in this Constitution;

b. act as the Moot Court Board's liaison with the faculty advisor, the Dean of the law
school, the faculty, and the law school administration;
c. have the power to:
i. delegate authority and responsibility to other Moot Court Board Members;
ii.

form and disband committees and subcommittees, as necessary;

d. disburse funds from the Moot Court Board checking account for expenses
substantially related to the administration of the Moot Court Board, and not
otherwise funded in the annual Moot Court Budget, including:
i. the incidental costs of intercollegiate moot court teams;
ii. the cost of providing food or beverages for Moot Court meetings or other
functions deemed necessary by the President;
iii. the cost of purchasing award or other gifts intended to recognize
exemplary efforts on behalf of the Moot Court Board; and
iv. any other cost deemed necessary and proper by the President, and
approved by a majority vote of the Executive Board;
e. recommend to the Executive Board, for its approval by a majority vote:
i. which intercollegiate moot court competitions to propose to attend;
ii.

how many students to invite to join the Board;

iii. in conjunction with the Treasurer, a proposed budget for the following
year;
iv. coaches for each of the Moot Court teams; and
v.any other matter;
f. have primary supervisory authority over each of the Moot Court teams; and strive to
ensure that all team members and coaches invest the time and effort necessary to
earn the appropriate number of credits.
2. The Powers and Duties of the Competition Chair. The Competition Chair shall:
a. be responsible for organizing and overseeing a mandatory orientation for all
competitors and coaches to occur on the first weekend of the Fall semester each
school year;
b. supervise and assist the coaches on the Moot Court Board;

c. assist and be the primary contact for the competitors on the Moot Court Board;
d. observe at least two oral arguments of each team; and
e. be responsible for the continuing education of the Moot Court Board.
3. Powers and Duties of the Vice-President in charge of the Evans Competition ("Evans VicePresident".) The Evans Vice-President shall:
a. have primary responsibility for organizing and conducting the Evan A. Evans
Intercollegiate Moot Court competition in accordance with the directions of the
Executive Board.
4. Powers and Duties of the Heffernan Vice-President. The Heffernan Vice-President shall :
a. when necessary, assume the President's duties, in the President's absence;
b. have primary responsibility for organizing and conducting the Nathan Heffernan
intramural moot court competition in accordance with the directions of the
Executive Board.
5. The Powers and Duties of Secretary. The Secretary shall:
a. take, post, and maintain minutes of Moot Court Board and Executive Board
meetings, keep a roster of active members, keep a roster of alumni members, take
attendance at each meeting, and count all votes other than election votes;
b. have responsibility for incoming mail, school publicity, and communications with
Moot Court Board members, but may delegate any of these responsibilities to
another member or committee, with the majority approval of the Executive Board;
c. have primary responsibility for organizing and conducting intercollegiate team
tryouts in accordance with the direction of the Executive Board;
d. request checks for the payment of entry fees, and complete the entry forms necessary
for attendance at the intercollegiate moot court competitions selected by the
Executive Board; and

e. keep a record of members service credits.

6. The Powers and Duties of the Treasurer. The Treasurer shall:
a. maintain all financial records regarding the budget, requisitions, and disbursements ;
b. present a financial report at every meeting of the Executive Board;
c. present a proposed budget, including the estimated cost of attendance at
intercollegiate moot court competitions under consideration, for the subsequent
academic year, to the Executive Board during April, prior to the commencement of
tryouts;
d. make all necessary travel arrangements, including plane and hotel reservations, and
vanpool requisitions;
e. file any necessary tax information;
f. balance the Moot Court Board Checking account;
g. be the second signatory on the Moot Court Checking account, except that the
Treasurer shall not sign any checks, for any reason, except when necessary, in the
President's absence;
h. plan, establish and administer the Omar Megahed Oral Advocacy Competition to be
held during the fall semester in accordance with the directions of the Executive
Board;
i. The Treasurer may delegate no authority without the unanimous approval of the
Executive Board.
7. The Powers and Duties of the Evans Problem Writer. The Evans Problem Writer shall:
a. be responsible for creating the competition problem for the Evan A. Evans
Intercollegiate Moot Court competition as well as the bench memo and any other
necessary documents related to the substance of the competition problem;
b. assist the Evans Vice-President in organizing the Evan A. Evans Intercollegiate
Moot Court competition.

b. The Executive Board shall consist of all of the officers of the Moot Court Board.
1. The Executive Board shall have primary administrative responsibility for the Moot Court
Board.
2. Any decision-making authority not expressly delegated to an individual officer, or to the
Moot Court Board, shall reside in the Executive Board.
3. The Executive Board shall make all decisions by a vote of a simple majority, but shall make
no decisions unless all members of the Executive Board are present.
The Executive Board may delegate its authority to any active member, or to a committee, except that
any two members of the Executive Board may block the delegation of the Board's authority by
so voting.
Section 3. Removal.
A. Any member may petition for the removal of an officer by filing a petition with the Secretary or, in
the case of a petition to remove the Secretary, with the President.
B. The petition must be signed by at least five members of the Moot Court Board, and must state the
reason[s] which cause[s] the members to seek removal of the officer.
C. Within twenty-four hours of filing a removal petition, the petitioners shall serve a copy of the
petition upon the officer named in the petition.
D. When a removal petition have been filed, the President or, in the case of a petition for the removal
of the President, the Vice-President, shall call a meeting of the Moot Court Board to consider the
petition, not less than seven, nor more than twelve days, after the date on which the petition was filed.
E. An officer will be removed by a two-thirds vote of the members present at any meeting called
pursuant to this section, provided that a quorum is present.

ARTICLE VII.
Meetings, Quorums, and Voting
Section 1. Regular Board Meetings
A. The Moot Court Board shall hold at least one meeting of the entire Board in each semester.B. Notice of meetings shall be made via email or other direct electronic communication to members at
least seventy-two (72) hours in advance of the meeting.

C. The Executive Board shall determine the date and time of each meeting in its own discretion.
Section 2. Special Board Meetings
A. The Executive Board may call a special meeting on a twenty-four (24) hour notice to deal with
specific agenda items if the Executive Board concludes that these items require prompt action by the
Board.
B. Any member with a legitimate concern may request that the Executive Board call a special
meeting.
Section 3. Special Election Meeting
A. A special election meeting shall be held each Spring semester after the conclusion of the Spring
Tryout. Notice of the meeting shall be made as soon as reasonably practical, but no later than one week
in advance.
B. The special election meeting may count as ameeting as required under section 1(a) of this article.
Section 4. Quorums
A. A quorum shall consist of one-third of the active members of the Moot Court Board.
Section 5. Majorities
A. All matters, except for the removal of officers and amendments to the Constitution or By-laws,
shall pass upon a majority vote when a quorum is present.
B. The secretary shall certify whether a quorum is present prior to the taking of a vote.
C. Any vote related in any way to the Diversity Plan shall not be governed by this section.
Section 6. Conduct of Meetings
A. The President shall preside at all meetings.
B. The President may, at any time, in her or his discretion, delegate the authority to preside to any
other member.
C. Any member who speaks without being first recognized by the President, or one acting with the
President's authority, shall be deemed out of order.
D. The President shall have exclusive authority over the agenda meeting, except that:
1. any matter may be added to the agenda prior to a scheduled meeting by
a. a simple majority vote of the Executive Board, or

b. a petition signed by twenty active Board members; or

2. any matter may be added to the agenda, during a meeting by motion, if the motion is
a. seconded, and
b. receives a simple majority of votes.
E. Any procedural conflict that arises during a meeting shall be resolved by Robert's Rules of Order
Revised, if:
1. the President decides that the conflict cannot be reasonably resolved in any other fashion: or
2. if, after a motion, and a second, a simple majority of those present indicates that the conflict
cannot be reasonably resolved in any other fashion.
ARTICLE VIII.
Amendment of the Constitution
Section 1. Requirements for Amendment
This Constitution may be amended by a two-thirds vote of the active members of the Moot Court
Board.
Section 2. Proposal of Amendments
Amendments may be proposed at any meeting of the Moot Court Board. The Executive Board shall
distribute via email or other direct electronic communication to members the text of any proposed
amendment on the Moot Court Board bulletin board within twenty-four (24) hours of the meeting at
which it was moved and seconded. Amendments may also be proposed by an officer at any meeting of
the Executive Board. If this proposal method is used, the Executive Board shall additionally notify the
membership that the distributed amendments were proposed at an Executive Board meeting.
Section 3. Voting
Amendments shall be voted on by secret ballot at the first regular meeting of the Moot Court Board
which is called following the posting of the proposed amendment, provided that the text of the
proposed amendment has been distributed via email or other direct electronic communication to
members at least seven (7) days prior.
ARTICLE IX.

By-Laws
Section 1. Votes Required for Adoption
The Moot Court Board may adopt By-laws, which shall pass on a simple majority vote of a quorum of
the active members of the Moot Court Board.
Section 2. Amendment
By-laws may be amended by a simple majority vote of the Moot Court Board, provided that advance
notice has been given. In the absence of advance notice, By-laws may only be amended by a vote of
two-thirds of the members of the Moot Court Board.

BY-LAWS
of the
WISCONSIN MOOT COURT BOARD
I. SELECTION OF MEMBERS
A. Competitive Selection: Spring Tryout
1. Eligible law students may become members of the Moot Court Board by being selected
in a competitive try-out procedure that evaluates both oral and written appellate
advocacy skills and potential.
2. Students are eligible for the Spring Tryout in the semester in which they have completed
or are enrolled to complete at least 24 graded credits. Students wishing to compete in
the Spring Tryout must do so in the first spring semester in which they are eligible.
Students who transfer to the University of Wisconsin Law School after completing one
or more years at another law school will not be eligible to participate in a Spring Tryout.
This provision, however, does not limit transfer students eligibility to participate in the
Megahed and Heffernan competitions.
3. The number of team positions and the number of alternates will be determined by the
Moot Court Executive Board, through the President and will be announced in the
invitation to try-out issued by the Board.
4. The evaluative criteria, method of scoring, and forms used in the selection process will

be approved by the Moot Court Executive Board and will be made available to
interested students in the invitation to tryout, issued by the Board.
5. Oral performance will be weighted fifty (50) percent and written performance will be
weighted fifty (50) per cent. Written performance will be evaluated using a blind grading
procedure. Additional points may be available as recognized under the Diversity Plan in
Section VIII.
6. To minimize the effects of differences in judging and to provide all participants with an
equal opportunity to qualify for a position on the Moot Court Board, all performance scores
will be standardized using generally recognized statistical procedures when possible.
7. The Moot Court Board may set a deadline for the acceptance by persons who are offered
a position on the Moot Court Board, except that each person shall have at least one week in
which to accept the offer. Acceptance must be made in writing by notice to the Membership
Chair.
8. The winner of the Spring Tryout competition shall be placed on the team of his or her
choice for the following year, provided that such placement complies with other provisions
of these By-Laws and the Moot Court Constitution.
B. OMAR MEGAHED ORAL ADVOCACY COMPETITION
1. The Omar Megahed Oral Advocacy Competition shall be held in the fall of each year.
2. Students wishing to participate in the Megahed competition must do so in the first year
after they are eligible for the Spring Tryout (the second year for full time students).
3. Preliminary rounds:
(1) A writing component may be considered when determining pairings for the
preliminary rounds.
(2)Students may argue against the same competitor in both rounds. Attention
should be given to allowing each student to argue for each party, if possible.
(3)The rounds will be scored using the same score sheets as are used for first year
try-outs. Each score will be expressed as raw score.
4. Argument pairings
(1) If eight (8) or fewer students participate:
(a) Seeding for the quarterfinal rounds will be done on the basis of scores from the

preliminary rounds. The relevant score will be the average of the competitor's two
(2) raw scores.
(b) Pairings will be first place against eighth, second against seventh, third against
sixth, and fourth against fifth.
(c) If fewer than eight (8) students compete, byes will be given as necessary. The
student with the highest average preliminary round score will be given the bye.
(d) If six (6) or fewer students participate, the quarterfinal round will be eliminated
and the seeding will be for the semifinal round. The competitors whose scores are
not in the top four (4) will be dropped from the competition.
If between nine (9) and sixteen (16) students participate:
(a) Students whose average raw score from the two (2) preliminary rounds does not
fall within the top eight (8) scores of all intramural competitors will be dropped
from the competition.
(b) The remaining eight (8) competitors will be seeded and paired as in Section I(B)
(3)(b).
(4) If more than sixteen (16) students participate:

(a) An octi-final round will be added.

(b) Students whose average raw score from the two (2) preliminary rounds does not
fall within the top sixteen (16) students will be dropped from the competition.
(c) The remaining sixteen (16) competitors will be seeded and paired as in Section
I.B.3.(1)(b).
5.

Invitations to join Moot Court Board

(1)

The winner and second place competitor of the Omar Megahed

competition shall receive an invitation to join the Moot Court Board.

(2)

If thirty-two (32) or more people participate in the Omar Megahed competition,

each semifinalist shall receive an invitation to join the Moot Court Board.

C. HEFFERNAN INTRAMURAL COMPETITION

4. Registration and Admittance to Heffernan Class: The Heffernan Competition is only
open to those students registered for and admitted to the Heffernan class for credit.
Participation in the competition is a requirement of the class.
3. Students wishing to participate in the Heffernan competition must do so in the first year
after they are eligible for the Spring Tryout (the second year for full time students).
5. Competition Structure:
C. The competition shall consist of a written brief and oral argument component.
D. Preliminary rounds:
(a) Pairings for the preliminary rounds will be at random, and students may argue
against the same competitor in both rounds. Attention should be given to allowing
each student to argue on and off brief, if possible.
(b) The rounds will be scored using the same score sheets as are used for first year
try-outs. Each score will be expressed as raw score, obtained by adding the brief
and oral scores of the competitor.
(c) If eight (8) or fewer students participate:
(i) Seeding for the quarterfinal rounds will be done on the basis of scores from
the preliminary rounds. The relevant score will be the average of the
competitor's two (2) raw scores.
(ii) Pairings will be first place against eighth, second against seventh, third
against sixth, and fourth against fifth.
(iii) If fewer than eight (8) students compete, byes will be given as necessary.
The student with the highest average preliminary round score will be given
the bye.
(iv) If six (6) or fewer students participate, the quarterfinal round will be
eliminated and the seeding will be for the semifinal round. The competitors
whose scores are not in the top four (4) will be dropped from the competition.
(d) If between nine (9) and sixteen (16) students participate:
(i) Students whose average raw score from the two (2) preliminary rounds does

not fall within the top eight (8) scores of all intramural competitors will be
dropped from the competition.
(ii) The remaining eight (8) competitors will be seeded and paired as in Section
I(C)(2)(c).
(e) If more than sixteen (16) students participate:

(i)

An octi-final round will be added.

(ii) Students whose average raw score from the two (2) preliminary rounds does
not fall within the top sixteen (16) students will be dropped from the
competition.
(iii) The remaining sixteen (16) competitors will be seeded and paired as in
Section I(C)(2)(c).
(3) The student with the highest combined brief and oral score in each octi-, quarter- or
semifinal pairing will advance to the next round of the competition. The pairings for
each of these rounds will be determined on the basis of the previous round's
combined score, except that the octi- and quarterfinal pairings will be on the basis of
average preliminary round scores. The competitor with the highest score will be
paired against the competitor with the lowest score, second highest against second
lowest, and so on.
4. Invitations to join the Moot Court Board
8. One position on the Moot Court Board shall be reserved for the winner of the
Heffernan Competition. The winner of the competition will be placed on the team of
his or her choice, provided that such placement complies with Section 1(B).
9. Additional positions will be granted to Intramural competitors as follows:
(a) One position shall be reserved for the second place competitor, regardless of the
number of people participating in the Heffernan Competition.
(b) If sixteen (16) or more people participate in the oral argument portion of the
Heffernan Competition, then positions shall be reserved for each of the
semifinalists.
(c) Placement on teams for other than the winner:
(i) At no time will the number of third year team members exceed fifty (50)

percent of the total number of people on the team.

(ii) The intramural competitors who are invited to join the Moot Court Board will
be allowed to choose teams in the order of their final rank in the competition.
Once an intramural participant chooses a team, no other intramural participant
will be allowed to choose that team.
5. The scores from the intramural competition are not to be compared to or integrated with the
scores from first year try-outs for any reason.

II. COACH SELECTION

A. Present Moot Court board members interested in coaching a Moot Court team shall apply to
the President in writing, according to the deadlines set by the Board's officers.
B. Of the submissions made to the President under (A) above, coaches shall be selected by the
officers of the Moot Court Board and preference in selection shall be granted in the
following order:
1. Moot Court Board members who previously participated on a team in intercollegiate
competition;
2. Moot Court Board members who have not previously participated on a team in
intercollegiate competition;
3. prior participants on a team in intercollegiate competition who are not members of the Moot
Court Board, provided the selection of such person is approved by a simple majority of the
Moot Court Board;
4. members of the Bar, with preference given to those who participated in intercollegiate moot
court competition as students.
C. While the Moot Court Board officers have wide discretion in their selections, their decisions
should be guided by the following criteria in evaluating individuals to coach a Moot Court
team:
1. the individual's commitment to the Moot Court program as evidenced by his or her

service credit contribution for the current academic year, with strongest consideration
for those individuals who go significantly above and beyond the minimum service credit
requirement;
2. the individual's willingness to dedicate the time and energy needed to properly prepare a
team for competition;
3. the individual's writing and oral skills;
4. the individual's disposition towards others and his or her ability effectively to instruct others
in the art of oral advocacy;
5. the individual's prior experience with a given competition.
D. Transition between Boards
1. For the purposes of Section D, the following definitions will apply:
(1) Old President and Executive Board- The President and Executive Board elected in the
previous elections who have served throughout the current academic year.
(2) New President and Competition Chair- The President and Competition Chair elected
in the most recent election who will serve throughout the upcoming academic year.
2. In the event that coach selection takes place after the spring election meeting and before
the end of the spring semester, the old President and Executive Board will be responsible
for making coach selections. The old President and Executive Board, however, should
consider the input of the new President and Competition Chair in making these selections.
E. The coaches selected by the officers of the Moot Court Board are subject to approval by the
Moot Court Board's faculty advisor.

III. CONTEST SELECTION

A. The selection and approval of moot court competitions entered by students from the

University of Wisconsin Law School is the exclusive responsibility of the Moot Court
Executive Board. The Executive Board shall consider the preferences of the Moot Court
Board when making decisions to begin or end participation in certain competitions.
Announcements of competition selections are nothing more than a proposal by the
Executive Board and are not a guarantee to compete in a particular competition. All
competition selections are premised on the ability of the Executive Board to secure
registration in the competition, which may depend on factors outside the control of the
Executive Board. If the Executive Board cannot secure registration in a proposed
competition, the President may consult with the affected team members and coaches, and
the President shall designate an alternate competition subject to approval by the Executive
Board.
B. Transition between Boards
1. For the purposes of Section B, the following definitions will apply:
(1) Old Executive Board- The Executive Board elected in the previous elections who
have served throughout the current academic year.
(2) New Executive Board- The Executive Board elected in the most recent election who
will serve throughout the upcoming academic year.
2. In the event that competition selection takes place after the spring election meeting and
before the end of the spring semester, the old Executive Board will be responsible for
making competition selections. The old Executive Board, however, should consider the
input of the new Executive Board in making these selections.
C. Student organizations, which lack separate faculty approval or have not competed in the
past, may petition the Moot Court Executive Board for approval to participate in moot court
competitions other than that which have been selected by the Moot Court Executive Board.
The Moot Court Executive Board will endeavor to approve all such requests.
1. The student organization must present its selection criteria to the Moot Court Executive
Board and the selection criteria must be approved by a majority of the Board at a regular
meeting.

2. The selection criteria must permit Moot Court Board alternates to be considered for the
competition, subject to the satisfaction of any membership requirement of the organization.
3. The student organization will fund the competition from its own funds.
4. Participants in an approved competition under this section may be given credit pursuant to
bylaw IV at the discretion of the faculty advisor.
D. The Moot Court Board may provide technical and coaching assistance to student
organizations which are participating in approved competitions.
IV. COMPETITOR PLACEMENT
A. Except as specified in Section I, placement of competitors in the various intercollegiate
moot court competitions will be the exclusive responsibility of the Executive Board.
B. Transition between Boards
1. For the purposes of Section B, the following definitions will apply:
(1) Old Executive Board- The Executive Board elected in the previous elections who
have served throughout the current academic year.
(2) New Executive Board- The Executive Board elected in the most recent election who
will serve throughout the upcoming academic year.
2. Competitor placement shall be conducted after the spring elections meeting by the new
Executive Board in consultation with the old Executive Board.

C. In considering where to place competitors, the Executive Board may consider the following:
1. The strengths and weaknesses of the competitors;
2. The argument style of the competitors;
3. Feedback from previous coaches and competitors about the competitions;

4. Preferences of the competitors; and

5. Any other consideration consistent with the mission of the Moot Court Board as outlined
in the Constitution.

IV. CREDIT AND GRADES

A. Each person enrolled in Appellate Advocacy II as a team member receives three (3) credits
for the semester during which he or she participates in the intercollegiate competition. The
course is taken pass/fail.
B. Each person enrolled in Appellate Advocacy II as a coach receives one (1) credit for the
semester during which the team he or she coaches participates in intercollegiate
competition. The course is taken pass/fail.
C. Every school year a mandatory orientation will be held to discuss research, brief writing,
blue booking, and fundamentals of oral advocacy. All competitors and coaches will be
required to attend. This orientation will be organized by the Competition Chair and if the
Competition Chair cannot run this meeting then the orientation will be organized by the
Heffernan Vice President.

V. SERVICE UNITS
A. Each person enrolled in Appellate Advocacy II and each member of the Board is required to
perform a designated number of service units per academic year. The Executive Board shall
determine the needs of the organization and announce the service credit value of activities
and the minimum number of service units required for the academic year by November 1 of
that academic year. If the Executive Board does not announce the service credit values and
minimum number of service units required for the academic year by November 1 of that
academic year, the minimum number of service units required for the academic year shall
be sixteen (16) units and the following values shall apply:
1 service credit for every hour spent judging, practice judging, brief grading,
bailiffing, or otherwise helping with Megahed, Heffernan, or 1L Tryouts.
1 service credit for every hour spent brief grading, bailiffing, or otherwise helping
with the Evans Competition.
1 service credit for every hour spent practice judging a team preparing for a Moot
Court Board competition, up to a maximum of six (6) credits per year.

 1 service credit for every hour spent practice judging a team preparing for a
different student organizations moot court competition, up to a maximum of two
(2) credits per year.
1 service credit for every hour spent bailiffing for a Moot Court Board
competition, up to a maximum of two (2) credits per year. This only applies to
members who have yet to compete.
1 service credit for every hour devoted to Moot Court Board activities approved
by a member of the Executive Board.
.5 service credit for attendance at Moot Court Board Meetings.
-1 service credit for unexcused absences at Moot Court Board Meetings.
B. Each competitor must complete two (2) service credits bailiffing for a team preparing for a
Moot Court Board competition. This requirement must be satisfied prior to the competitors
respective competition.
C. Each member of the Board must complete the required number of service units in order to
maintain his or her membership on the Board for the following academic year. Failure to
complete the required number of service units may jeopardize the receipt of academic
credit. The Executive Board may make priority accommodations as needed for members
who study abroad, graduate early, or are otherwise away from the law school for part of the
academic year. Members who join the Board mid-year via the Megahed Competition shall
complete one-half of the full service unit requirement during that academic year. Members
who join the Board mid-year via the petition process in Article V, 1(e) of the Constitution
shall complete the full service unit requirement during that academic year.
D. Generally, one service unit shall be awarded for approximately one hour of service to the
Board. The Executive Board may adjust the award of service units where appropriate,
given the nature of the task. Where appropriate and practical, service units shall be awarded
in increments up to two decimal places (e.g., hundredths of a service unit). Service Units
may be satisfied by any combination of the following:
1.
2.
3.
5.
6.
7.

Judging for team practices.

Assisting in the preparing and running any competition hosted by the law school.
Participation on a committee or subcommittee.
Serving as a bailiff during any competition hosted by the Moot Court Board.
Grading of briefs for any competition hosted by the Moot Court Board.
Attending Moot Court Board Meetings. Persons attending Moot Court Board meetings shall
receive one half (.5) of a service unit. An unexcused absence at a meeting will result in a
negative service unit (-1). An unexcused absence occurs when the member does not
communicate to the Executive Board, by the deadline set by the Executive Board, that she
or he will not attend the meeting.
8. Judging at Megahed, Heffernan, or First-Year Tryouts. To judge during a tryout, the
member must have already competed in an intercollegiate competition.
9. Assisting in Moot Court activities that are approved by a member of the executive board or
faculty advisor.

E. Each member shall have the responsibility of completing service units. The Executive
Board shall approve and log the units. Any member not fulfilling the requirement in a given
academic year shall be notified by the Executive Board of his or her deficiency.
F. Failure to fulfill the service unit requirement in any academic year may result in any of the
following penalties applicable:
1. third-year members will not be eligible to coach any team if they do not complete their
service units requirement during the second year;
2. any member who does not complete his or her service units requirement during any
academic year may face penalties within the Executive Boards discretion, up to and
including removal from the Board.
G. When members are removed for failure to meet the service units requirement, they may
appeal to the entire Board, as provided in the Constitution Art. V, Sec. 5, by showing
extenuating circumstances.
H. Vacancies created when team members are removed may be filled by alternates or by
students who participated in try-outs but were not invited to join the Board.

VI. Three Strike Policy

(1) Any member of the Moot Court Executive Board may, with the consent of the President and
Membership Chair, issue a strike to a Board Member for failure to perform their responsibilities
as a Board Member. A strike may be issued for the following:
(a) Insubordination to an Executive Board member or coach
(b) Unexcused absence from a mandatory Moot Court Board event
(c) Failure to comply with any directive of an Executive Board member or coach
(d) Any other action not specifically covered above but deemed appropriate by the
Executive Board
(2) Strikes shall be issued in the following manner:
(a) The first strike shall consist of a written warning to the Board Member
(b) The second strike shall consist of a meeting between the Board Member, the
President, and the Moot Court Board Faculty Advisor
(c) The third strike shall consist of a meeting with the Board Member, the entire
Executive Board, the Moot Court Board Faculty Advisor, and the University of
Wisconsin Law School Director of Student Life. After asking questions of and
listening to the Board Member in question, the Executive Board may decide to take

any of the following non-exhaustive actions through two-thirds majority approval:

(i) No action if the Executive Board believes the Board Member will
no longer cause issues on the Board
(ii) Refer to the Moot Court Faculty Advisor a request to submit a
grade of Unsatisfactory (U) if the Board Member is receiving
credit during the semester when the third strike is issued.
(iii) Permanently Remove the Board Member from the Moot Court
Board
(iv) Any other action the Executive Board deems appropriate after
consultation with the Moot Court Board Faculty Advisor and
Law School Administration
(3) A request to issue a strike must be communicated via e-mail to the President and
Membership Chair and must state reasons why issuing the strike is appropriate. In the event
that the President or Membership Chair request issuance of a strike, each shall require
approval from the other before issuing the strike.
(4) Prior to the issuance of a strike, the President or Membership chair shall provide the Board
Member in question with written notice that a strike may be issued against them. The
notice must detail the conduct in question giving rise to the strike. The Board Member will
be given two days to respond to the notice, allowing the Board Member an opportunity to
explain their conduct. After the President and Membership Chair have received such a
response, they shall determine whether a strike should be issued based on all the
information received.

VII. DISPUTE RESOLUTION PROCEDURE

A. All grievances brought by participants in Appellate Advocacy II or members of the Moot
Court Board will be resolved through the following three-step procedure:
1. A grievance must initially be presented orally. When the grievance concerns the operation
of a team, the grievance will be presented to the coach of the team. If the grievance
concerns one of the coaches of the team, it will be presented to the Executive Board. Any
other grievance will be presented to the Executive Board. A grievance must be presented
within seven (7) days of the action or event that gives rise to the grievance. Seven (7) days
are allowed in which a written response may be made.
2. If the dispute is not resolved at the first step, the aggrieved member may present the
grievance to the Executive Board by delivering a written statement of the grievance to the
President. If the grievance is against the President, it will be presented to one of the Vice

Presidents. If any member of the Executive Board is implicated in the grievance, that
member will not be involved in its initial evaluation. The written grievance must be
presented within seven (7) days of receipt of a written response or the expiration of the time
limit specified in the first step.
3. The member of the Executive Board to whom the grievance was presented will call a
special meeting of the Executive Board within seven (7) days to consider the grievance, and
will make copies of the grievance available prior to the meeting. A copy of the grievance
will be provided to all parties implicated, and those parties will be invited to attend the
meeting and to present their views. At the discretion of the Executive Board, the parties may
be heard at separate meetings. The Executive Board will respond in writing to the grievance
within fifteen (15) days after the parties have been heard. The decision of the Board is
binding, except as provided by step 3.
4. If the dispute is not resolved at the second step and is based upon an allegation of
discrimination because of age, ancestry, arrest record, color, conviction record, creed,
handicap, marital status, national origin, parental status, political affiliation, race, religion,
sex, or sexual orientation, the aggrieved member may bring the grievance to the Associate
Deans' office pursuant to University of Wisconsin Law School Rule 12.01. Any other
unresolved dispute will be presented for consideration to the Faculty Advisor for the Moot
Court program.
B. Nothing in the section precludes any member from concurrently following appropriate
grievance procedures as established by University of Wisconsin or Law School rules.

VIII. AWARDS
A. Awards From Competition
All plaques, trophies, and monetary awards received at competitions entered into on behalf
of the Moot Court Board are, and shall remain, the property of the Board. The Executive
Board shall arrange for these awards to be permanently and properly displayed.
B. Milwaukee Moot Court Award

1. This award is given to the person or persons providing the greatest service or contribution to
the Moot Court program.
2. Nomination and selection for the recipient(s) of the award shall be made in writing, by any
active Moot Court member, prior to April 1.
3.

Nominations shall be forwarded to the Membership Chair, who will prepare a ballot
containing the names of all nominees, and make one ballot available to each active Moot
Court member.

4. The person receiving the highest number of the votes cast shall receive the award.
5. A nomination or vote may specify that the award should be equally divided among more
than one person.
6. The Executive Board may opt to allow the faculty advisor to select the member of the
Board he or she deems most appropriate. If this option is exercised, the Membership Chair
shall deliver all nominations to the faculty advisor.
C. Mathys Memorial Award for Appellate Advocacy
1. This award is provided for excellence in appellate advocacy by an oral advocate in an
intercollegiate Moot Court competition.
2. Nominations for the award will be made by the coach or coaches of each team. Each coach
may nominate one (1) or two (2) persons from each competition he or she supervised.
3. Selection of the recipient(s) of the award will be made by the faculty advisor, with the
assistance of the President, if so requested. The faculty advisor may select any number of
persons to receive the award, and apportion the award between the recipients as he or she
deems appropriate.
D. Certificates
1. Each officer of the Moot Court Board will receive a certificate commemorating his or her
service as an officer. The certificate will indicate the name of the officer, the position held,

and the academic year(s) of service to the Board.

2. Each active member will receive a certificate commemorating his or her service and
participation on the Board. The certificate will indicate the name of the member and the
academic year during which he or she served.
3. Certificates will be procured by the Membership Chair after obtaining proper approval for
any expenditures required, unless the responsibility is delegated to another member or to a
committee.
E. The Roster of Moot Court Board Members
1. Each year the Membership Chair shall compile a complete and accurate roster of active
Board members, including the names of each Executive Board officer, and the office held.
2. The roster shall be prepared in a manner suitable for framing and permanent display.
3. Prior to the end of the academic year, the Membership Chair shall have the roster framed in
a manner substantially similar to the rosters framed in previous years.
4. After presenting the framed roster to the Board for its inspection and approval, the roster
shall be prominently displayed in the Law School as near to the other rosters as practically
possible.
F. Other Awards.
1. Each year an award should be given to the following students:
a. the participant in the first year try-out competition receiving the highest score on his or her
appellate brief;
b. the participant in the first year try-out competition receiving the highest score on his or her
oral argument;
c. the winner of the oral advocacy competition, to be held in the fall semester, if held; and
d. any other Moot Court member or other to whom the Board votes to present an award.

2. Every possible effort should be made by the Executive Board to receive the necessary
approval for naming any of the awards described in section F(1) in honor of a person or
institution deserving of such an honor.)
G. Annual Awards Reception.
1. Each year the Executive Board should make every practical effort to hold an awards
reception at the end of the academic year.
2. If held, all awards should be presented at the reception, including the certificates described
in section D, and the framed roster described in section E.

IX.
A.

DIVERSITY POLICY

This plan shall be designated the Diversity Plan (the Plan).

B. The goal of the Plan is to ensure the bringing together of qualified students from diverse

backgrounds. Combining students with a variety of diverse backgrounds, such as, but not
limited to, cultural, racial, political, geographic, sex, gender, sexual orientation and socioeconomic, for the purpose of engaging in a practical learning experience through legal
research, writing, and oral communication helps to foster an enriched environment for
learning, in addition to helping board members develop the necessary skills to serve a
diverse range of future clients from the local, national, and international communities.
C.

The Plan shall be administered and implemented as follows:

1.

The Plan shall consist of a voluntary questionnaire that all potential applicants will
be asked to fill out and return with their try-out brief.

2.

The Plan shall be administered and implemented by the Moot Court Board President,
in consultation with two (2) Moot Court Board members nominated by the President and
approved by the Moot Court Board. Special consideration should be given to the
Membership Chair of the Moot Court Board and the person responsible for tabulating
the results of the Moot Court Boards spring try-outs. Every questionnaire shall be read
and evaluated by these three (3) individuals, resulting in an averaged diversity score.

3.

The questionnaire shall be evaluated in light of the goal stated in subsection B of

Section VIII, and against the following factors:

Under-represented race or ethnicity

Unique/under-represented cultural background

Geographically under-represented background

Overcame socio-economic barriers to performance

Overcame physical/linguistic barriers to performance

Foreign Language

Unusually interesting/needed future career plans

Unusual/valuable life experience or prior job experience

Other

Every factor is considered to be of equal importance and shall be weighed equally.

4.

Applicants will be eligible to receive bonus points to be added to their raw brief and
oral score prior to final selection. Bonus points shall not exceed five (5) percent of
applicants total raw score.

D. The structure and contents of the Plan are available to the entire law school community;
however, the administration and implementation of the Plan shall remain confidential. In
addition, all questionnaires shall remain confidential and shall be destroyed following the
announcement of the new moot court board.

X. DISABILITY PARTICIPATION PLAN

A. In keeping with its commitment to diversity and equality of opportunity, the Moot Court
Board will make all reasonable accommodations to facilitate participation in Moot Court for
all interested persons with a recognized disability.
B. At no time, however, will the Moot Court Board make accommodations that will cause an
undue hardship on the board or any of its members.
C. Reasonable accommodations, designed to facilitate participation in Moot Court, will be
individualized. Recognizing the unique and individual nature of each person and each
individual disability, the Moot Court Board will make reasonable accommodations tailored
to each person.
1. Each year the President may appoint a committee of three (3), approved by the Executive
Board, to effectuate the purposes of this provision. The President shall appoint and activate
this committee upon a request for accommodations.

2. The committee will be responsible for designing programs that reasonably accommodate
individuals with disabilities.
3. The committee shall consult with the Dean of Students for the Law School to obtain the
information, financial support, and guidance in effectuating this provision.)
D. Disabled persons who seek to become a member of the Moot Court Board or participate in
Intramural Competitions, have an affirmative responsibility to inform the Board of the
nature of their disability so that reasonable accommodations may be made.
1. Notification must be made in writing, with copies being sent to the Moot Court Board
President and the Dean of Students for the Law School.
2. Notification shall be made no later than three (3) weeks prior to the competition or try-out
that the person will be competing in.

XI. RULES GOVERNING THE USE OF L351

A. L351 is available for use by all active Moot Court Board members for on a first-come, firstserved basis.
B. L351 may be used for any purpose not otherwise prohibited by Law School or University
rules.
C. If a conflict concerning the use of L351 does arise, the following order of priority shall
determine which Board member or members shall have priority for use:
1. Moot Court Board members who are also competing on a Moot Court team, and who need
to use the room for team purposes shall have priority over
a. those members on a Moot Court team who need to use the room for non-team purposes, and
b. those members not on a Moot Court team.
2. Those Moot Court Board members on a Moot Court team who need to use the room for

non-team purposes, and those members not on a Moot Court team shall have the same
priority.
D. Where the use of the Moot Court Board room does conflict, members shall use the room in
a manner that is respectful of the non-conflicting use made by other members.
E. Any dispute concerning the use of L351, not otherwise resolved by the users themselves,
shall be resolved by the Moot Court Board President, or in his or her absence, either of the
Moot Court Board Vice-Presidents.
F. If the Executive Board, by a majority vote, determines that a Moot Court Board member has
misused the Moot Court Board room, or otherwise used it in a manner contrary to the
priorities established by these rules, the member may be removed from the list of people
entitled to use the Moot Court Board room.
G. Each semester the Membership Chair shall provide the library with a current list of active
members who should be allowed to use L35 1.

XII. DRAFTING COMMITTEE

A. The President shall have the authority:
1. to create a Drafting Committee and subsequently appoints its chairperson; and
2. with the approval of a simple majority of a quorum of the Board
a. to recommend that the Committee be charged with a specific mission or goal; or
b. to recommend the Committee be disbanded; or
c. to change the Committee's mission, chairperson, or membership.
B. Committee Members
1. Members of the Executive Board will also be members of the Committee.
2. Any other active Board member who has not may join the Committee by informing the

Committee chairperson of his or her intention to so join.

C. The purposes of the Committee shall include:
1. consideration of amendments to the Constitution;
2. drafting possible amendment to the Constitution;
3. soliciting input from Board members concerning possible amendments;
4. presentation of possible amendments to the Board for approval.
D. Meetings
1. All meetings of the Drafting Committee shall be open to all active Board members, even if
not Committee members;
2. All meetings shall be publicized by posting a notice on the Moot Court bulletin board fortyeight (48) hours before the meeting time.
E. Voting
1. Each member of the Drafting Committee shall have one vote, except the Moot Court Board
President, who shall not vote except in case of a tie;
2. All Committee decisions shall be made by simple majority vote.