What is a MEMORIAL and how to write one?Your primary task before any MOOT in the Polish format is to prepare two memorials, one for the petitioner and one for the respondent.Learn More About Polish FormatA good memorial must have the following characteristics:- It must address all the issues under dispute from the case file.
- It must offer a clear and law-based argumentation of why the issues from the case file should be decided in favor of your side.
- It shall NOT contain any speculation regarding the circumstances.
- It shall NOT contain any false, misrepresented or taken out of context precedents, laws, regulations (opposing council or the judges will know, trust me).
- It should be written in formal legal language, but at the same time remain grammatically and linguistically sound, relatively simple and comprehensible. (Basically, if you have to read a sentence more than once to understand it you should change it)
Memorial structure:There is no one correct format to write your memorials; however, these are the elements your memorial can/should include in my experience. (Remember always check your conference study guide/statute/rules of procedure for formal requirements)- Introduction
- State your names and side you represent.
- Statement of Facts
- Brief of the relevant and undisputed facts.
- Opening speech (optional)
- Request for relief/request to dismiss the lawsuit.
- Clearly state what you want the court to do.
- Arguments on jurisdiction
- In some cases where the regulations of the conference automatically grant jurisdiction this step may be omitted.
- If you are the claimant you have to prove that this court can decide the issue you have brought before it.
- Submissions (as many as there are issues)
- Issue - you should make clear which one of the issues is being tackled in this particular submission.
- Law and application - This is the most important part of your whole memorial; it is the place to state your best arguments and back them by law.
- Conclusion - always remember to finish the submission by stating how the argumentation on the issue, you have proven your side to be correct, impacts the legal position of your side.
- Closing Speech or Conclusion
- Your closing arguments should briefly restate the biggest issues of the case, why these issues go in your favor, and on what bases do they go in your favor.
- Restate what on that bases what you want from the court and why you are justified in asking for it.
Below you can find some examples of solved case files:From PolMOOT 2023: (these memorials have been altered for the oral stage, but you can get the general idea)- Case file
- Memorial claimant
- Memorial defendant
From PozMOOT 2023:- Case file
- Memorial claimant
- Memorial defendant