THE TWENTIETH ANNUAL
JOHN MARSHALL LAW SCHOOL MOOT COURT COMPETITION
IN INFORMATION TECHNOLOGY AND PRIVACY LAW


REQUESTS FOR INTERPRETATION


Q1. In rule (4)(c), are footnotes or endnotes included in the definition of Appendices? If not, what are the requirements for footnotes and endnotes? Do they count toward the total word count or the page limit?

A1. Footnotes or endnotes to the summary of argument and argument sections are considered part of those sections, and they do count toward the length limitation.


Q2. Was the waiver on the back of the ticket mentioned on the website that sold the tickets?

A2. Consult the Record.


Q3. Was there a requirement that the credit card purchaser click to agree to abide by any conditions set forth later?

A3. Consult the Record.


Q4. Are there provisions similar to Restatement (Second) of Torts sections 583 and 652F (dealing with defenses to invasion of privacy) in the Marshall Revised Code or any other Marshall law?

A4. Those provisions are not mirrored in Marshall statutes, and have been neither adopted nor rejected by Marshall courts.


Q5. What information, if any, is associated with the picture of Allen Sanders in the FLK database?

A5. Consult the Record.


Q6. Section 1040(1) of the Rules states that the filing deadline for briefs is September 20, 2001. When read with the postmark provision in Section 1040(2), it means that, in order to be timely (and thus not attract penalties) briefs must be posted on September 20, 2001. For Australian teams, however, this amounts to us effectively losing a day, because of the International Date Line. (Close of business in Australia on September 20, 2001 corresponds to 2 am in the morning on the 20th, Chicago time.) We suggest that it would be fairer if Australian teams could submit the briefs to the Committee electronically on September 20, 2001 (Chicago time), yet be free to post the brief on September 21, 2001 (Australian time). This would enable Australian teams to spend the same amount of time working on their briefs as their American counterparts. Would Australian teams be able to submit their briefs in this manner without attracting a penalty?

A6. Yes, provided that the brief is mailed on or before the deadline date (Chicago time), and provided further that the postmark indicates the time as well as the date of mailing. (Thus, a brief that is mailed from New York before 1:00 am local time on the day following the deadline, with an appropriate postmark, would be considered timely.) The Committee recommends that all teams submit their briefs in advance of the deadline.


Q7. The problem includes Marshall Rule of Civil Procedure 56(c). First of all, shall we assume that the wording of Marshall Rule 56 in its entirety matches up with Federal Rule 56, or that Marshall Rule 56(c) matches up with Federal Rule 56(c)? Is the standard of review in Marshall the same for the Supreme Court as it is for the Intermediate Appellate Court?

A7. Marshall Rule 56(c) corresponds in all relevant respects to the federal rule. The standard of review is the same in both courts.


Q8. The Record refers to the Restatement (Second) of Torts. Are we then free to use the full restatement as the law of Marshall, and are cases interpreting or citing to the Restatement part of Marshall Precedent? Or should we use all cases (except for the U.S. Supreme Court) as only persuasive, not controlling. I am basically asking whether the use of Restatement and Federal Rules of Civil Procedure are more expansive than simply one rule and one section of the Restatement.

A8. See #4 above.


Q9. The rules do not appear to contain any statement on single-spaced headings, quotations or footnotes. The rules do indicate that the brief shall be double-spaced. Please tell us and the other schools: (1) if headings, quotations and footnotes may be single-spaced and (2) if single-spacing is allowed, how will it be counted against the 40 page limit.

A9. The rules do not require that headings, quotations, and footnotes be double spaced. The length limitation contemplates a simple page count. Thus, a page containing a 45-line single-spaced heading, block quotation, or footnote would count as one page.


Q10. Thank you for going to Times Roman. Would you also please tell us whether the command to use 12 point fonts eliminates the use of larger type on the cover, the inside fly and the address to the court page?

A10. You're welcome. It does not, but try not to get carried away.


Q11. Does Manatees only use 14 reference points, or do they use 80? Is it 80 reference points that gives similar accuracy of 99.3% or is it 14? This is quite crucial to our argument.

A11. Consult the Record.


Q12. What law can we cite to in the brief? More specifically, what law is controlling? We are unclear as to whether state or federal law is applicable.

A12. Consult the Record.


Q13. How do we know which side our team should brief?

A13. Consult paragraph 1020(1) of the Competition Rules.