Brief Guidelines for writing a Memorial

Introduction

Participation in Moot Court Competitions consists of an oral and a written part, the memorials. Through the years, many counsels and researchers 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.

Why such an emphasis on presentation? Is the legal reasoning not the most important issue in this competition?

Certainly so, but you should also realize that 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. It is almost unnecessary to add, that with trying to prepare good memorials, you will train writing and presentation skills that will be highly useful in your future (legal) career.

Guidelines

1. Read the Rules of Procedure on this matter very carefully.

2. Start writing your memorials well in advance before the deadline. This guideline may look obvious, but many persons have struggled with deadlines. The first thing to suffer from working against a deadline is the presentation of the document.

3. Before you start writing the memorial, select a set of editing rules based on the memorial rules that you are going to use throughout the memorials. Once you have done so, apply those rules from the start, instead of adapting an already finished document to a set of editing rules. It will save a lot of work.

4. per section:

(a) Table of Contents: This should contain a list of the chapters and paragraphs that are included in your memorial, as well as the page numbers on which these chapters/paragraphs can be found.

(b) List of Abbreviations: This list should contain all the abbreviations used, with the full meaning of each abbreviation. As for the use of abbreviations in general, make sure this is consistent as well; use the same abbreviation throughout the Memorial.

(c) List of Sources: Make a distinction between the sort of source, e.g. book/periodical/jurisprudence etc. Most important is that the reader should be able to find the document or book referred to, without problems. As with everything in the Memorial, be consistent in the way you refer to the source throughout the Memorial.

(d) Statement of Relevant Facts: Here, a brief summary of the, for the submission relevant, facts has to be written.

(e) Issues: Extract the legal issues form your arguments and put them down in a logical order. (Preferably under the heading/chapter/division number under which you have placed them in your arguments)

(f) Summary of Arguments: Put a very brief summary of your arguments down again in a logical order.

(g) Jurisdiction of the Court (Most times for International moot court memorials or when the issue of jurisdiction is in contention in a municipal court): Here the (grounds for) jurisdiction of the Court should be clearly stated.

(h) Arguments: This chapter contains the legal arguments that will back up your submissions. It is the most important part of the memorial. Make sure your arguments are written down in a logical, clearly understandable manner. Just pretend that the document is going to be read by someone who knows virtually nothing about the case. Ideally, the document should be written such, that the reader is convinced that what you have written is simply the only way one could understand and judge this case. To aid this person, use comprehensible language. Perfect English is not required, you do not get penalty points for spelling mistakes, but the document should be in understandable English. Make sure that you put down in writing exactly what you want to communicate to the judge.

(I) Submissions: In your submissions you put down what you want the Court to decide upon your case, a prohibition or, declaratory judgement? Make sure you do indeed put down what you want.

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