2019 Competition Questions

 

QUESTION: Are guests and spectators able to attend the comepition?

ANSWER: Yes.

  • The Statehouse has security measures.  No backpacks are permitted in the Statehouse.  All visitors will be screened, to include metal detectors and bag searches. Purses, computer satchels, etc. are OK but will be checked.
  • Sixteen teams will advance to Saturday’s single elimination rounds at the Supreme Court of Ohio.  For security purposes, we must provide the Court in advance with a list of all individuals seeking admission.  Please provide to me the names of any and all individuals including team members, coaches and guests(spectators) I should include on the guest list for your school.
  • Please provide me with your travel plans (driving/flying; when arriving; which hotel) and a cell phone number in case we need to contact you for some reason during your trip.
  • If you need to get in touch with me after work hours on Thursday or any time Friday or Saturday during event week, I will have my phone with me at all times.  My cell phone number is 740-359-8652.

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QUESTION:

In the Capitania Statutes, 22.220.44(6) states:
"(6) Notwithstanding paragraphs (2)(a) and (3)(d) of this section and Section 22-220.22 Recreational Usage of Marijuana, no patient under eighteen years of age shall engage in the medical use of marijuana unless..."

However, there is no section (3)(d) in the statute.  Can you please let us know how you would like us to address this in our oral arguments?

ANSWER:  In order to rectify the likely typographical error in Capitania Statutes, 22.220.44(6) It should be noted that the corrected statute shall read:

(6) Notwithstanding paragraphs (2) and (3) of this section…..

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QUESTION: The problem asks competitors to apply federal law. Are competitors to assume, in scenarios like this, the Capitania abuse of discretion standard is identical to the federal abuse of discretion standard?

ANSWER: Yes, you may assume the same abuse of discretion standard as federal.

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QUESTION: 33-400.5(B) states an abused child includes a child who "is endangered as defined in the Revised Code." The trial court found the minor to be abused under §33-400.5(B), but the statutory definition for "endangered" was not provided. Does §2919.22 of the Ohio Code provide the relevant definition of "endangered"?

ANSWER: It should be that the child was found abused. Should there be a need to define endangered, you may choose to look at Ohio code or another state’s code to make arguments for or against the proposition you are advocating for. Since this case does not involve any criminal aspects and rather merely the finding of abuse you may or may not see the need to expound on that aspect.

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QUESTION: Should speaker 1 assume procedural due process for a temporary custody order requires clear and convincing evidence, and, if not, what are the appeals procedures/remedies available to the parents?

ANSWER: Yes you should assume clear and convincing evidence standard. The remedy available to the parents is the appeal that they filed to contest the court’s findings and raise any constitutional or procedural arguments that their attorneys find applicable to raise. That is the openness of the question.

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QUESTION: In the Opinion and Order on page 8, it says that there is evidence that K.F.'s grades and behavior have improved since March 2016. Shouldn't that say May 2016? Earlier in the packet, it says that the parents started the medical marijuana treatments on May 23, 2016.

ANSWER: To remain consistent, I would agree that it should be May 2016 and not March 2016 on Page 8. The sentence should read: There was evidence that his grades and behavior have all improved since May 2016.

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QUESTION: Can you please tell me when the Rules were posted? 

ANSWER: The rules were posted on the moot court website in July 2018.

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QUESTION: Do our competitors write for Petitioner or Respondent?

ANSWER:  The rules for the competition lay this out. I have cut and pasted from the Rules. This topic is covered in Article Seven-Briefs-Paragraph 1 found on page(s) 4/5.  If you are competing as an individual team you may write a brief on either side. If there are two teams from the same school, there must be a brief for each side completed. Hope this helps. I have included our tech person in this email. She typically posts any questions and answers for posting to the website. I would ask that she does so with this question and answer to help all teams that may have a similar question.

Article Seven Briefs

  1. A team may choose to write its brief on behalf of the Petitioner or Respondent.  If two teams from the same school enter the competition, one team must submit a Petitioner’s Brief and one team must submit a Respondent’s Brief.

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If you have any questions or need further explanation, please contact us at mootcourt@law.capital.edu.