Rules Questions

Questions pertaining to the Rules should be addressed to nelmcc@law.pace.edu. The NELMCC board will respond with answers to all teams on a weekly basis via the 2013 NELMCC ListServ email. Rules Q&As will also be posted weekly on the NELMCC website. There is no deadline for Rules questions.

Q&As

Q1:  Would it violate competition rules to have members of the team meet with a member of our legal writing faculty for a refresher class on brief writing AFTER the Problem has been distributed, even if the instructor is not given access to the Problem and students are not permitted to raise any questions involving any aspect of the laws or standards involved?

A1:  As for receiving a refresher class on brief writing after the Problem has been distributed, I would like to refer you to Rule VI. Rule VI is strictly interpreted. It states that a team may not receive assistance of any kind prior to filing their brief, including research, writing, or any aspect of preparing the brief. You may not receive assistance in reference to this year's NELMCC Problem from any non-team member during the brief filing period.

Q2:  If we register a three-member team, will each of us have the opportunity to argue? Our understanding was that in past years, three members argued and one member assisted with writing the brief but did not argue.

A2:  Please refer to Rules III (A), IV (A) and V (D)(1). The rules state that with three-member teams, “each member must argue at least once during the [three] preliminary rounds.” In answer to the second question, “[o]nly the members of the Team who will actually be arguing may participate in writing the brief.” You cannot have a member who only participates in writing the brief and does not participate in the oral arguments.

Q3: Our team would like to know if they will be able to choose to write their brief for any side, or if will they be assigned a side later?

A3: In regards to choosing the side for which to write your brief, I refer you to Rule IV (A). The rule states that each team may choose which side to write for the brief. Please note that for oral arguments, in accordance with Rule V (B), each team will argue a different party position each round.

Q4: Does the Certificate of Compliance section count towards the page limits?

A4: I would like to direct you to Rule IV subsections (B)(1) and (4).  The total length does not include the Table of Contents, Table of Authorities, and Appendices. As an attachment, the Certification is also excluded from the page count and should only be attached to the Measuring Brief. 

Q5: Would it violate Rule VI for the team contact, who is not a member of the competing team, to copy, bind, mail or otherwise submit the brief after it has been written and prepared by the team members?

A5: It would not violate Rule VI to have a team contact copy, bind, and mail the brief, as long as they do not read or comment on the brief before mailing it.

Q6: Rules IV (C)(1)(b)-(c) state that “[b]riefs shall be sent in one single package bearing the Team name and number and postmarked no later than November 29, 2012,” and “[t]he package shall be sent using expedited delivery from a shipper or postal service so that it arrives at the NELMCC office no later than three days from the date of the postmark.” Are these three business days or three calendar days from the date of the postmark?

A6: Three business days.