Scoring for each component will be done on a 4.0 scale. Below is a brief explanation of what I look for in each category.
|Complaint, summons, cover sheet||35%|
|Exhibits to complaint||15%|
Civil complaint: body of complaint, summons, cover sheet (35%). Scoring considerations include:
- Does the complaint include a proper caption and numbering as required by Rule 10?
- Does the complaint comply with the pleading requirements of Rule 8(a)(1), including allegations regarding the parties, jurisdiction, and venue?
- Does the complaint state proper claim(s) against any and all parties pursuant to Rule 8(a)(2) and pleading cases such as Iqbal and Twombly?
- Does copyright law support the claim(s)?
- Are separate claims handled as separate counts?
- Does the complaint make appropriate prayers for relief pursuant to Rule 8(a)(3) and copyright law?
- Have a civil cover sheet and summons been supplied along with the complaint?
Exhibits to complaint (15%). Scoring considerations include:
- Clean organization and numbering of exhibits.
- Effective use of exhibits as a way to support your claims.
- Appropriate and correct citation of exhibits in the complaint.
Memorandum (50%). In a double-spaced letter/memorandum format of no more than ten (1) pages, written to managing partner Ira Steven Nathenson. Scoring considerations include:
Writing & organization: Is the memo well-written and organized? Is it written with the audience (the managing partner) in mind? Keep in mind that the managing partner has been studying copyright law recently, but may not know as much of it as you do. However, the managing partner is an experienced litigator, so he does know the law of procedure extremely well.
Procedural discussion. Your explanation of where you have chosen to sue in light of strategy, subject-matter jurisdiction, personal jurisdiction, and venue. Will we prevail if any of the defendants makes a challenge to any of these issues?
Substantive discussion. Your discussion of the client’s likelihood of success under copyright law. You may organize this portion as you see fit, but issues generally ought to include analysis of the likelihood of success of each claim regarding each defendant.
Other discussion. Anything else you see fit to address.
Revised Oct. 19, 2015