書狀提交截止日期在即,組委會特推出本期推送以提醒各參賽賽隊:已完成書狀寫作的賽隊在最後時刻更要重視書狀的潤色修改,切勿放過最後的提升完善機會;尚未完成書狀寫作的賽隊應抓緊時間完成書狀,切勿因錯過書狀提交時間而遺憾失分。
依據《2019年國際刑事法院中文模擬法庭比賽程序規則》(修改版)(以下簡稱《規則》),書狀單元評分總規則如下:
各參賽隊伍的書狀單元得分由辯護方律師、檢方律師以及政府律師這三個角色的書狀得分組成,每份書狀總分為100分。
兩名法官依照本規則第二十一條之規定分別對每份書狀進行評分,評分結果的基礎上取平均數,並計總罰分後所得的分數,即為該份書狀的最終分數,進而構成該參賽隊伍書狀單元得分。具體公式為:
依據《規則》第六章第三十四條:為便於各參賽隊對罰分方面有更好的了解,現根據《程序規則》,將書狀罰分細則總結如下:
此外組委會從以下幾方面建議對各賽隊提出書狀修改的建議,僅供各賽隊參考以啟發思路,不具有賽事拘束效力:
「The legal memorandum is the most formal, polished, and comprehensive written document for reporting the results of your legal research and the process of your logic reasoning. 」
Every good lawyer knows that persuasion begins with framing the issue, and framing the issue begins with effective word choice. Nothing may be more important than the words chosen by the writer to convey the client’s argument. The last thing you want to do is misrepresent the facts or the law, because that won’t encourage the judicial reader to do anything in your favor.
● 重讀書狀內容,有無不妥詞句,有無不適當的暗示或引起歧義的偏向;
● 檢查語句結構是否符合基本語法要求,有無病句;
● 注意標點符號的規範使用。
A reference properly written in 「legal citation」 strives to do at least three things, within limited space:
✦ identify the document and document part to which the writer is referring
✦ provide the reader with sufficient information to find the document or document part in the sources the reader has available (which may or may not be the same sources as those used by the writer), and
✦ furnish important additional information about the referenced material and its connection to the writer’s argument to assist readers in deciding whether or not to pursue the reference.
● 重視腳註格式的內部統一和規範完整;
● 注意引注序號在正文中的規範擺放位置;
● 檢查「縮略語」、「同上注」、「同前注」等情況。
IRAC (Issue, Rule, Analysis, and Conclusion) forms the fundamental building blocks of legal analysis. It is the process by which lawyers think about any legal problem.
✦ ISSUE: What facts and circumstances brought these parties to court?
✦ RULE: What is the governing law for the issue?
✦ ANALYSIS: Does the rule apply to these unique facts?
✦ CONCLUSION: How does the court's holding modify the rule of law?
CRRACC is an elaborated form of IRAC(Conclusion, Rule, Rule Proof, Application, Counterargument, Conclusion).
✦ RR reminds you to state the relevant legal Rule as you have synthesized it from the sources of legal authority (i.e., constitutions, statutes, regulations, and decisional or common law), and then support this rule statement with some organized explanation and discussion of the legal authority upon which the rule statement is based (i.e., the Rule Proof).
✦ CC reminds you to raise important Counterarguments, i.e., contrary approaches to the way you have synthesized the rule or applied the rule to your facts, before stating your Conclusion.
● 重視重要案例的研讀和研究分析;
Questions to ask when reading a case:
What are the elements that prove the rule?
What are the exceptions to the rule?
From what authority does it come? Common law, statute, new rule?
What's the underlying public policy behind the rule?
Are there social considerations?
Which facts help prove which elements of the rule?
Why are certain facts relevant?
How do these facts satisfy this rule?
What types of facts are applied to the rule?
How do these facts further the public policy underlying this rule?
What's the counter-argument for another solution?
● 確認書狀論證的內在邏輯線索是否通暢;
● 檢查論證推導過程是否合理。
● 重視各級標題的長度、語句結構、信息量、簡潔性;
● 確認目錄對於書狀論證思路的明確反映。