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Home Board of Directors/ Administration
The Moot Court Honor Society Temple University - James E. Beasley School of Law 1719 N. Broad
St. Phone Number: © 2006 Moot Court Honor Society |
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CONSTITUTION
Section 1 – Sponsorship and Funding. The Moot Court Honor Society is sponsored and funded by The James E. Beasley School Law at Temple University. Section 2 – Purpose. The Moot Court Honor Society is an organization devoted to the development of excellence in legal advocacy. In pursuing this goal, the Moot Court Honor Society shall require the highest standards both as a condition of earning membership, and as a condition of maintaining membership. The Moot Court Honor Society shall afford all qualified students the opportunity to participate in advocacy-related activities. Section 1 – Method of Selection. Students participating in the Polsky Competition, or other selection event to be determined by the Moot Court Honor Society and the Moot Court Faculty Advisor, shall be invited to join in accordance with a scoring scheme, determined in advance by the Competition chairs and approved by the Moot Court Honor Society Board of Directors. The Board shall determine the number of participants to be invited to join the organization. No fewer than 12 and no more than 20 participants earning the highest combined scores (for their briefs and oral arguments) shall be invited to join the organization. Section 2 – Extended Invitations. If the number of eligible participants is fewer than twelve (12) due to the scoring scheme threshold, or for other related reasons, the Board may extend invitations to join to the participants having the next highest scores in order to bring the total number of invitees to twelve (12). Section 3 – Scoring. Scores for each participant in a selection event shall be determined by combining a participant’s scores for his or her brief and oral arguments. Each score shall account for fifty (50) percent of the total score. Section 1 – Eligibility for Membership. Any student who participates in the selection event specified in Article II may be eligible for membership in the Moot Court Honor Society. Section 2 – Membership. Any student accepting an invitation to membership of the Moot Court Honor Society shall become a member thereof. Membership status may be maintained only if the student fulfills the requirements for academic credit as set forth in Article III, Section 3 and performs all Member duties as set forth in Article III, Section 4, absent compelling circumstances approved by a majority vote of the Board of Directors. Members may, under such circumstances, request a partial waiver of duties and requirements by request to the Moot Court Board of Directors. Section 3 – Academic Credit. Students may receive academic credit for their participation in the Moot Court Honor Society. 1. A student must successfully complete the first year of the academic program in which the student matriculates, and must be invited to and accept membership in the Moot Court Honor Society. 2. A student must fulfill all of the requirements in Article III, Sections 3 and 4, in order to receive academic credit in any academic year. A maximum of three academic credits (two graded, one ungraded) may be awarded during a student’s second year of Moot Court membership. A maximum of two academic credits (ungraded) may be awarded during a student’s third year of Moot Court membership. 3. A student must successfully complete the following requirements in order to maintain membership in the Moot Court Honor Society: a. Requirements for students in their second and third years of Moot Court membership: 1. The student must satisfactorily serve on one Moot Court Committee, as needed, or on the Moot Court Board of Directors; 2. The student must serve satisfactorily during all Moot Court Honor Society functions as set forth by the Board of Directors. 3. The student must serve satisfactorily as a Moot Court Honor Society “judge” during practice oral arguments for members competing in outside competitions. The number of times a student shall so serve shall be determined by the Board. Students shall be notified of this requirement as soon as practicable by the Director of Competitions. 4. The Moot Court Faculty Advisor and the Moot Court President shall determine, at the end of each academic year, whether a member has fulfilled the academic credit requirements specified in Article III, Section 3. A full academic year of participation is required for credit in all cases. 5. The student receiving credit may distribute those credits to the Fall or Spring Semester of the academic year during which credit is earned with the permission of the Faculty Advisor. 6. Moot Court Honor Society participation satisfies the Law School’s upper level Research Writing requirement, by participating in the Appellate Advocacy class during the student’s second year of Moot Court membership, and attaining the minimum passing grade required by the Law School. 7. The student must attend the final arguments for the Polsky and Stern Competitions. 8. The student must attend a sufficient number of general membership meetings of the Moot Court Honor Society, to be determined by the Board of Directors. 9. Moot Court Honor Society members shall keep abreast of Moot Court activities by regularly checking their Law School e-mail accounts, the Moot Court website, and Moot Court posting locations. b. Requirements for students in their second year of Moot Court membership: 1. The student must satisfy all of the requirements set forth in Article III, Section 3(3)(a). 2. The student must satisfactorily complete the Appellate Advocacy course, including completion of an appellate brief as required by the course professor. Moot Court members, during their second year of membership, will be automatically registered for the course. 3. The student must compete in the Stern Competition during the Spring Semester. The student’s oral argument during this Competition shall be judged by the Appellate Advocacy professor(s) and shall comprise the oral argument requirement of the Appellate Advocacy course. 4. The student must attend a sufficient number of “guest lectures” as determined by the Board of Directors. Students shall be notified of this number by the Board as soon as practicable. c. Requirements for students in their third year of Moot Court membership: 1. The student must satisfy all of the requirements set forth in Article III, Section 3(3)(a). 2. The student participating in an outside competition must submit an appellate brief for such competition to be reviewed by a designated faculty member. This brief must be certified as “satisfactory” by such faculty member prior to the student’s further participation in the competition. The student must present this faculty member’s certification to the Moot Court Board in order to receive academic credit. 3. The student participating in an outside competition must participate in a minimum of four (4) practice oral arguments in the presence of at least one (1) Law School faculty member prior to the competition. Section 4 – Powers and Duties of Members. 1. The Moot Court Honor Society membership shall comprise the major decision and policy-making body of this organization. 2. The duties of each member shall include: a. To know and satisfy all academic credit requirements as specified in Article III, Section 3. b. To serve on one Moot Court Honor Society Committee, as needed, or serve on the Board of Directors. Such service shall consist of aiding the appropriate committee chairperson in planning and implementing the committee-sponsored activity. c. To serve at all Moot Court Honor Society functions, as determined by the Board. d. To avoid conduct that violates the Law School’s Honor Code or Article VI of the Moot Court Constitution. Section 5 – Notice to Moot Court Membership. All Moot Court members shall sign a form designated by the Moot Court Board of Directors, acknowledging acceptance of their obligation to comply with Moot Court Honor Society academic requirements and Member duties as stated in this Constitution. Section 1 – Board Membership. The Moot Court Honor Society Board of Directors shall be composed of the President/Chief Justice, the Vice-President/Associate Justice, the Treasurer/Associate Justice, the Secretary/Associate Justice, and the Director of Competitions. Judicial titles shall be used only during mock court exercises, rehearsals, or demonstrations. Section 2 – Powers and Duties of the Board. 1. The Board of Directors shall manage the day to day operations of the organization, and shall formulate policies to be presented to the Moot Court Honor Society membership for consideration and approval. The Board shall work closely and meet periodically with the Moot Court Faculty Advisor. The Board shall implement all Moot Court Honor Society policies and decisions. The Board shall conduct business, address matters, and decide issues consistent with Article VI of this Constitution. 2. The Board may conduct business electronically via e-mail without convening a Board meeting, consistent with Article VI of this Constitution. 3. The Board shall strive to work closely with the Law School’s writing professors towards the betterment of the Moot Court Honor Society. 4. The Board shall confer with the Moot Court Faculty Advisor on Moot Court matters, decisions, and actions. 5. The Board may, by majority vote, seek the advice and counsel of the Moot Court Discipline Committee. The Board shall inform the Moot Court Discipline Committee of matters, decisions, and actions as necessary for it to function pursuant to Article VI. Section 3 – Duties of Board Officers. 1. President/Chief Justice: a. To convene and preside over Board meetings and general membership meetings; 2. Vice-President/Associate Justice: a. To carry out the duties of President in the President’s absence; 3. Treasurer/Associate Justice: a. To keep and maintain the Moot Court Honor Society bank account; 4. Secretary/Associate Justice: a. To record minutes from all Board and general membership meetings; 5. Director of Competitions/Associate Justice: a. To inform members of available outside competitions in a timely manner; Section 4 – Appointment of Committee Chairpersons. The Board shall appoint committee chairpersons, as needed, to serve during the term of the Board. 1. A member of the Board shall serve as a liaison to each committee and report the activity of that committee to the entire Board. 2. Committee chairpersons, appointed by the Board, have the following individual duties and responsibilities: a. To organize and preside over meetings with their committee members; Section 5 – Appointment of Committee Members. The Board shall, by majority vote, form committees to address Moot Court matters, appoint committee members, and establish rules consistent with this Constitution by which a committee shall accomplish its goals. All committees shall provide advance notice of dates, times, and places of committee meetings, including those held by the Discipline Committee and the Moot Court Board of Review, to the Moot Court membership. The Moot Court Honor Society Faculty Advisor shall be appointed by the Dean of the Law School from among the faculty of The Beasley School of Law at Temple University. If the incumbent Faculty Advisor resigns from the post, or is otherwise unable to serve, a replacement shall be appointed by the Dean of the Law School. Section 1 – Parties. 1. The Moot Court Honor Society Discipline Committee shall consist of the Moot Court Faculty Advisor and two Moot Court student members. 2. The Moot Court Honor Society Discipline Committee student members shall be selected, as necessary, by the Moot Court Board of Directors, in consultation with the Moot Court Faculty Advisor, at the beginning of the Fall semester. 3. The Moot Court Board of Review shall consist of two Law School faculty members, including one (1) writing professor, and the Dean of the Law School or his or her appointee. No person who serves on the Moot Court Discipline Committee may serve on the Moot Court Board of Review. 4. The Moot Court Board of Review members shall be appointed by the Dean of the Law School or his or her appointee, who may consider the recommendation of the Moot Court Board of Directors. Section 2 – Notice to Moot Court Members. 1. Neither the Board of Directors nor the Discipline Committee is obligated to give warnings to Moot Court members who violate Moot Court constitutional provisions. 2. The Moot Court Discipline Committee may discipline any member for cause if the member’s conduct rises to the level of conduct described in Article VI, Section 3, and if the matter cannot be otherwise resolved through oral or written warning by the Moot Court Board of Directors. 3. Appropriate disciplinary action may be taken after a member who is suspected of a violation is given notice and afforded a fair hearing before the Moot Court Discipline Committee. Section 3 – Conduct Subject to Discipline. Any member who engages in conduct that violates the Law School’s Honor Code or that interferes with the purpose of Moot Court as stated in Article 1, Section 2, including but not limited to misusing Moot Court finances or failing to meet membership requirements as specified in Article III, Section 3, shall be subject to discipline, including but not limited to, expulsion from the organization. Section 4 - Disciplinary Proceedings. 1. When any member of the Moot Court Honor Society suspects or determines that a member has engaged in conduct proscribed in Article V, Section 3, such member shall, within five (5) calendar days of discovery of the alleged conduct, notify a Board Member in writing detailing the alleged misconduct. 2. The notified Board Member shall then convene a Board meeting for the purpose of determining whether probable cause exists for the allegation. Upon a majority vote, the Board shall decide either to dismiss the complaint, or to notify the Discipline Committee for further proceedings, as soon as practicable. 3. Upon a majority vote, if the Board decides to notify the Discipline Committee, a Board Member shall do so by delivering to each Committee member a written complaint, stating: (1) the name of the member suspected of engaging in the alleged misconduct, (2) a detailed statement describing the alleged misconduct. The Board of Directors may issue a non-binding recommendation for disciplinary action, including but not limited to, expulsion. 4. The Discipline Committee must schedule a Hearing to take place no later than ten (10) days upon receipt of a complaint from the Board. 5. The Discipline Committee must, in no fewer than ten (10) days prior to the scheduled hearing date: a. Draft a Notice to Appear, listing: 1. the name of the Moot Court member suspected of the alleged misconduct; b. Serve such Notice on the member suspected of the alleged misconduct. 6. The Moot Court member who is the subject of the Hearing shall be afforded one (1) opportunity to reschedule the Hearing at least two (2) days before the originally scheduled Hearing date. The rescheduled Hearing date shall be as soon as is practicable, but with expediency. If the member fails to appear for either the originally scheduled or rescheduled hearing, the Discipline Committee shall hold a Hearing in absentia and determine the matter on the evidence and testimony available. 7. The Hearing shall be held in a room on the Law School premises that affords privacy during the Hearing, and shall be deemed the Hearing room. Witnesses shall be segregated from the Hearing room until called by the Disciplinary Committee, and shall leave the Hearing room upon the conclusion of their testimonies. Witnesses shall not discuss their testimonies or any other Hearing proceedings. 8. During a Disciplinary Committee Hearing, the Moot Court member who is the subject of such Hearing shall be afforded the opportunity to explain his or her conduct, to question the complaining party and other witnesses, and to examine, inspect, and introduce pertinent evidence and testimony. The member has the right to bring an advisor. The Hearing shall be limited in duration to two (2) hours unless the Committee, by unanimous vote, determines that an extension of time is necessary. A record of the Hearing shall be kept and retained for two (2) years in the Office of the Dean or suitable places designated by the Dean of the Law School. 9. The Disciplinary Committee shall deliberate in private. All deliberations shall remain confidential. The Committee’s decision shall be made by unanimous vote. The Committee may take disciplinary action consistent with this Constitution. The Committee shall render its decision within three (3) days of the close of the Hearing, and transmit its written decision by registered U.S. mail to: (1) the member who was the subject of the Hearing; and (2) the Moot Court Board of Directors. 10. A summary of the Hearing outlining the alleged violation or misconduct, the name of the subject of the Hearing, and the date and outcome of the Hearing shall be retained by the Moot Court Board of Directors. The Discipline Committee’s decision may not be overturned or amended by the Board. 11. A Moot Court member may appeal the Discipline Committee’s decision to the Moot Court Board of Review. The Board of Review shall either affirm or overturn the Discipline Committee’s decision by a majority vote, unless the matter involves expulsion, for which a unanimous vote is required. The decision rendered by the Board of Review is final with no further appeals. 12. If a disciplinary matter must be resolved in an expedited manner, such as when a Member’s conduct appears to violate the requirements of Article III, Sections 3 and 4, the Board of Directors or the Moot Court President in conjunction with the Moot Court Faculty Advisor, shall notify the Discipline Committee within three (3) school days. The Discipline Committee shall make a decision on the matter, and render appropriate disciplinary action, including but not limited to expulsion, in an expedited manner. Section 5 – Withdrawal. A Moot Court member who cannot complete the academic credit requirements and member duties stated in Article III, Sections 3 and 4, may withdraw from the Moot Court Honor Society without being subject to expulsion, provided that the Member submits a written request for withdrawal to the Board prior to the last day of class during the Fall semester. Section 6 – Reporting Status. The President shall report the full name of any member who withdraws or is expelled from the Moot Court Honor Society to the Moot Court Board of Directors, the Moot Court Faculty Advisor, the Office of the Registrar, and the Office of Career Services. Section 1 – Board of Directors Meetings. Meetings of the Moot Court Board of Directors shall be held as often as necessary to effect the efficient management of the organization, but no less frequently than once per month during a school year. Advance notice of three (3) school days for Board meetings shall be given, except in emergencies. Section 2 – General Membership Meetings. All meetings shall be called by the President of the Moot Court Board of Directors, but upon written request of at least fifty (50) percent of the membership, the President shall be required to call a meeting. Advance notice of three (3) school days for general membership meetings shall be given, except in emergencies. Section 3 – Notice. Advance notice of Board and general membership meetings shall include the date, time, and location of the meeting, and shall be posted or transmitted in the most expedient manner available. Electronic mail distribution satisfies this obligation. Section 4 - Quorums. 1. No Moot Court Board of Directors meeting shall be conducted without a majority of the Board members in attendance. 2. A two-thirds (2/3) quorum is required for general membership meetings when business is being conducted. 3. No quorum is required for general membership informational meetings. Section 5 – Voting. 1. All members of the Moot Court Board of Directors shall be permitted to vote on any matter raised in any Board meeting, as well as any general membership meeting. A favorable majority of the entire Board shall be required to effect passage of any motion or resolution, except as otherwise provided in this Constitution. If the Board does not determine the effective date of the approved action, the action shall become effective immediately upon passage. 2. All members of the Moot Court Honor Society shall be permitted to vote on any matter raised in any Moot Court general membership meeting. A favorable majority of those voting shall be sufficient to effect passage of any motion or resolution, except as otherwise provided in this Constitution. Section 6 – Proxy Votes. 1. A vote by written proxy on any question, election, or Constitutional amendment before the Membership or the Board of Directors that is posted in advance of the meeting at which a vote is to be taken is to be delivered to a Board Member and reasonably accommodated, including absentee and electronic-mail ballots. 2. A member may not give general proxy power to another member to vote on questions that are not posted in advance of the voting meeting. 3. Proxy votes shall not be counted towards the fulfillment of a quorum. Section 7 – Minutes. Minutes shall be taken at every Moot Court general membership meeting, and shall be reported to the Membership within three (3) days. A copy of the Minutes shall be kept on file in the Moot Court Honor Society Office. Section 8 – Procedure. All Board and general membership meetings shall be conducted according to Parliamentary Procedure. Section 1 – Proposals. Any Member of the Moot Court Honor Society may propose amendments to this Constitution by submitting such amendment to the Moot Court Board Secretary. Section 2 – Procedure. Any proposed amendments to this Constitution shall be voted upon at a Moot Court general membership meeting. Before such meeting, the proposal shall be posted in an accessible area or distributed by electronic mail no fewer than five (5) days before such vote is taken. Section 3 – Passage. 1. Upon a favorable vote of a three-fourths (3/4) majority of the Membership, a proposed amendment shall take effect immediately, unless otherwise specified in the amendment. 2. The Board of Directors shall communicate the outcome of the vote to the Membership no later than one (1) day after passage by posting on a Moot Court bulletin board and via electronic mail. Section 4 – Filing. 1. The language of an amendment shall be incorporated hereto. 2. A revised copy of the Moot Court Honor Society Constitution, clearly stating the date of the most recent amendments, shall be posted on the Moot Court website no later than three (3) days after amendment. 3. A revised copy of the Moot Court Honor Society Constitution, clearly stating the date of the most recent amendments, shall be kept on file in the following locations: the Moot Court Honor Society Office, the Office of the Dean, the Office of Student Affairs, the Office of the Moot Court Faculty Advisor, and the Law Library. Section 1 – Interpretation. 1. Interpretation of this Constitution, in the event that a question of construction should arise, shall be reserved to the President of the Moot Court Board of Directors, subject to ratification by a majority of those members voting at a subsequent Moot Court Board meeting. In the event that such ratification is not obtained, that interpretation which obtains a favorable majority vote shall be deemed controlling. 2. Scope of Interpretation. In interpreting this Constitution, the interpretation must include a designation of its scope of applicability, in terms of topics and lengths of time. Any interpretation not so limited will be construed to be a general interpretation, and will be governed by Article IX, Section 1(3) below. 3. For an interpretation to become binding upon future meetings, it must be proposed as a Constitutional amendment and endorsed according to the procedures set forth in Article VIII. Unless an interpretation is incorporated into the Constitution, it will be considered open for revision by a majority of the Membership at any future meeting. This Constitution shall be adopted upon ratification by a three-fourths (3/4) majority vote of the Moot Court Membership and shall become effective May 20, 2000. This Constitution repeals and supersedes all prior constitutions of the Moot Court Honor Society. Section 1 – Adoption and Amendment. 1. The Moot Court Honor Society Bylaws are the operational guidelines for the Board of Directors of the organization. 2. The Moot Court Board of Directors, upon a majority vote, shall have the authority to promulgate Bylaws or amendments to Bylaws when deemed necessary, provided that: (1) the Bylaw or amendment to a Bylaw is consistent with the Moot Court Constitution, and (2) the Bylaw or amendment to a Bylaw is approved by a majority vote of the Moot Court Membership. 3. New Bylaws or amendments to Bylaws shall be reported to the Moot Court membership and other interested parties in the manner described in Article VIII, Section 4(2) and (3) of this Constitution. 4. New Bylaws or amendments to Bylaws shall take effect immediately, unless otherwise specified in the Bylaw or amendment to a Bylaw.
BYLAWS 1. The term “meeting” is defined as any gathering of the general Moot Court membership, the Moot Court Board of Directors, and the members of Moot Court Committees. 2. General Moot Court membership and Board of Directors meetings may be convened by the Moot Court President. 3. Moot Court Committee meetings may be convened at the discretion of the Committee chairperson(s). II. SELECTION OF THE BOARD OF DIRECTORS 1. The selection date of members of the Moot Court Board of Directors for the following academic year will be set by the Moot Court President, no later than the last day of classes of the Spring semester. 2. The selection shall be for the following offices: a. President/Chief Justice 3. Any Moot Court member in his or her second year of membership may apply for an office of the Board of Directors. Members shall apply for an office by delivering a letter of intent and a current resume to the incumbent Board. 4. The incumbent Board members shall interview each member who has submitted a letter of intent and a resume. 5. The incumbent Board members shall select the most qualified applicant for each Board position, considering qualities such as past participation in the organization, demonstrated leadership skills, knowledge, character, and integrity. 6. Upon selection of the new Board members, the President shall first notify all candidates of the selections. 7. The Moot Court membership shall be notified of the new Board members in a manner consistent with Article VIII, Section 4 of the Moot Court Constitution. 8. Power in all newly selected Board members shall vest upon the first Board meeting convened after the selection process. 9. Outgoing Board members shall assist the newly selected Board in the effective transition of the new Board members into office by handing over pertinent documents and records, and by offering advice on matters of administration.
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