CMU Mock Trial Constitution and Bylaws

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1 CMU Mock Trial Constitution and Bylaws Article I. Principles of CMU Mock Trial and Sanctioned Practices 1a. CMU Mock Trial is an official Student Senate-recognized, student-run organization at Carnegie Mellon University. CMU Mock Trial is proud to be a member of the American Mock Trial Association (AMTA), an organization that has coordinated the mock trial program nationwide since CMU Mock Trial, in compliance with AMTA rules, receives and argues AMTA-produced cases each year. CMU Mock Trial shall not undertake any real-world legal case, nor argue a case for profit. 1b. CMU Mock Trial has been founded with the following purposes in mind: to allow students the opportunity to learn about law; to teach students about the judicial system (including areas such as the Federal Rules of Evidence and Procedure), with the hope that students will be able to utilize this knowledge in a future career such as a profession in the law field; to develop analytical and critical thinking skills, promote teamwork and leadership, and enhance communication skills; and to provide members with the opportunity to compete in the mock trial program nationwide. 1c. CMU Mock Trial shall meet as a whole team at least once a week (except for exonerating circumstances) to discuss case material, prepare for competition, and learn the specifics of arguing said cases. Regular weekly meeting times will be voted on at the end of the first meeting after the Fall Activities Fair. For the first one or two weeks until then, meeting times will be the same as the previous year at the discretion of the President. 1d. Terms used in the remainder of this Constitution shall be defined as follows: Simple majority: A majority (over half) of members present that vote to support or approve a measure. Tie votes do not meet simple majority and fail. Quorum: A majority of all CMU Mock Trial members in good standing present at the meeting and available to vote. Article II. Membership 2a. CMU Mock Trial shall have open, non-discriminatory membership to give all students the opportunity to learn about law and the judicial system. However, in accordance with AMTA rules, only undergraduate students are allowed to compete in AMTA-sponsored tournaments. 2b. As a member of AMTA, CMU Mock Trial receives one AMTA-produced case each year that serves as the basis for the trials that CMU Mock Trial argues in tournaments. Due to this year-long preparation process, members who wish to officially join CMU Mock Trial after October 1 st must contact the President(s) for consideration. Students considering joining CMU Mock Trial are welcome to attend meetings for observational purposes at any time. 2c. Members of CMU Mock Trial are required to pay dues. Dues will vary in value based on the needs of the club and will be set forth by the Treasurer. If a member is unable to pay dues as a result of financially constricting circumstances, all efforts will be made to assist that member in payment. 2d. Membership in CMU Mock Trial shall be defined through two categories: members in good standing, and members in bad standing. Returning CMU Mock Trial members are considered in good standing starting with the first meeting of each academic year. All

2 first-years become eligible for membership and standing immediately after the first invitational passing while they are a part of CMU Mock Trial; those who join in bad standing for attendance reasons do not need to send the President notification as listed in section 2g-1, but still must attend all meetings without unexcused absences for a month. 2e. Only and all members in good standing have voting rights and may run for or be appointed to office. Officers in bad standing may be removed from office at the President s discretion and the office declared vacant, triggering a special election. 2f. Transfer from good standing to bad standing shall be defined as follows: 1. members in good standing who have three combined unexcused absences from general and team meetings are demoted to members in bad standing; 2. members in good standing who have outstanding dues (i.e. failed to pay dues on time) are demoted to members in bad standing; 3. members in good standing who, at the President s discretion, act in a manner not consistent with CMU Mock Trial rules and regulations may be demoted to members in bad standing. Infractions may include unreasonable failures to respect deadlines for work, conduct detrimental to the team, etc. 2g. Transfer from bad standing to good standing shall be defined as follows: 1. members in bad standing because of unexcused absences must send the President acceptable notification explaining the absences, confirming their commitment to CMU Mock Trial, and certifying their intent to improve AND attend all general and team meetings without unexcused absences for a period of one month; 2. members in bad standing solely because of failure to pay dues become members in good standing upon payment of dues; 3. members demoted by the President will have their case reviewed for a vote by CMU Mock Trial members one month after the demotion. A simple majority is needed to renew good standing. 2h. If a member in bad standing continues to act in a manner not consistent with CMU Mock Trial rules and regulations or has continued to be frequently absent, he/she will be asked to leave the organization. 2i. Members of CMU Mock Trial can be either competitive members or noncompetitive members. This is at the discretion of the executive board and the team captains. Article III. Offices 3a. Official, permanent CMU Mock Trial officer positions will consist of: President (one) Vice President (one) Treasurer (one) Secretary / Public Relations (one) Webmaster (one) Members can hold multiple offices at once (for example, President and Webmaster), with the exception that the President and Vice President offices must be two different people. 3b. New offices can be created at the discretion of the President(s), including offices of Fundraising Head, Secretary, Tournament Coordinator, and others as needed. These offices are considered temporary, and initially the President may appoint only a member in good standing to fill a position. At the end of the semester during which an office was created, a referendum is held on whether to make that office permanent. A simple

3 majority is needed to make the office permanent. Like other offices, this new office is up for election at the end of each academic year. 3c. The roles of the official offices are as follows: The President is responsible for day-to-day operation of CMU Mock Trial. This includes, but is not limited to, the following: organizing and running regular meetings, appointing team captains, working with team captains to set up initial teams, arranging competitions, and acting as a representative of Mock Trial to the University as well as outside entities, acting as the liaison between CMU Mock Trial and the coach (see section 5d). The President may delegate responsibilities as necessary. The Vice President is responsible for the organization of everything Mock Trial is involved in. This includes, but is not limited to, the following: keeping track of the team roster, reserving rooms for meetings, taking attendance, organizing hotel reservations and car rentals for competitions, and obtaining team supplies and demonstratives for competitions. In addition, the Vice President is to fulfill the duties of the President at times when the President is unable to do so. The Treasurer is responsible for CMU Mock Trial s budget and monetary activities. Duties include keeping track of the budget, collecting and keeping dues, processing receipts with Student Activities, attending necessary Student Senate and Joint Funding Committee meetings on behalf of CMU Mock Trial, and keeping the President informed of the budget. At the first meeting of each month, the Treasurer is responsible for a monthly report of the current budget status, including dues money collected and spent. The Secretary or Public Relations officer is responsible for promoting and representing CMU Mock Trial both inside and outside the university. This officer helps position CMU Mock Trial effectively to receive JFC and Student Senate money in coordination with the Treasurer. Additionally, this officer will be in charge of intra-club events, and will keep records of each executive board meeting. The Webmaster is responsible for maintaining and updating the CMU Mock Trial website, located at < and the dlists. In addition to the duties listed above, at the end of each invitational, the President, Vice President, and captains of all teams may decide to meet to discuss whether to switch team members for the benefit of the teams. Any member may express a desire to be placed on a different team, and if it is agreed upon and can be worked out, the switch will be made. 3d. The requirements of running for offices are as follows: All candidates must presently be members in good standing. President: must have at least one full year of experience with CMU Mock Trial and have ended the previous year as a member in good standing; must be a member of the most senior or next to most senior class represented in the club Vice President: must have at least one full year of experience with CMU Mock Trial and have ended the previous year as a member in good standing Treasurer: none Public Relations: none Webmaster: none Article IV. Elections and Voting 4a. At the end of each academic year, all offices of CMU Mock Trial are open for election. The election process occurs during one meeting and consists of referendums,

4 V. Coaches nominations, and voting, in that order. Announcements of this meeting must be made two weeks prior to the meeting. Elections may also be held during a semester if needed. 4b. Nominations and elections proceed in order of office hierarchy: President, Vice President, Treasurer, Secretary/Public Relations, Webmaster. 4c. Referendums consist of the following, in order: Any permanent offices may be removed by a 3/4 vote of the members present. Any temporary offices created during that semester come up for a vote on whether to make the office permanent. A simple majority vote is needed. Recognizing that experience is crucial to performance, each office comes up for a referendum vote. Unless the current officer wishes to change offices or step down, a simple majority vote is taken on whether to hold an election for each office. If a simple majority believes that an election for an office is not needed, then the current officer remains in the position for the next year. 4d. Nominations consist of the following: Any member wishing to run for an office must nominate himself/herself. Members wishing to run for an office but unable to attend the meeting must send prior notification to the President expressing a desire to be nominated. The President will then inform those at the meeting about those absent members wishing to run for office. 4e. Elections consist of the following, in order: The President is in charge of running the election process. Each candidate for the office currently being voted on leaves the room. One at a time, the candidates come in and have an opportunity to address the remaining members, who also can also direct questions to candidates. After all candidates have delivered their speeches, all members in good standing can vote to elect a candidate to office. Voting shall be done through paper ballots with numbers assigned to the candidates so that the votes of members shall not be obvious. For offices allowing two people, members may vote for one individual candidate or for a pair of candidates. After the ballots are collected they are counted and candidate receiving the most votes is declared the winner. In cases of tie votes the President has the tiebreaking vote. This process is repeated for all offices up for election in the hierarchy order. If a candidate does not win an election, that candidate may choose to drop down to another position and run again. This can only be done once per person. 4f. During the semester, votes may be taken as the President deems necessary on matters relating to the membership of CMU Mock Trial. A simple majority is necessary to pass a measure. In cases of tie votes the President has the tiebreaking vote. 5a. The coach will be defined as the official law advisor to Carnegie Mellon Mock Trial. 5b. To hire a coach, there must be a vote at a general Carnegie Mellon Mock Trial meeting. The motion needs a simple majority to pass. The coach will be part of Carnegie Mellon Mock Trial on an at will basis. This means that the relationship can be terminated at any time by either the coach or Carnegie Mellon Mock trial. This contract (written or verbal) is valid until the end of the academic year (May).

5 5c. The expectations of the coach are as follows: The coach must have knowledge of Mock Trial prior to being hired. The coach will be available and accessible to the teams. The coach should attend all tournaments if possible and desired by the team. The coach should attend the regional tournament if possible and desired by the team. 5d. The official liaison between the coach and Carnegie Mellon Mock Trial is established as the President of Mock Trial. The captains of teams within Carnegie Mellon Mock Trial may act as liaisons between the coach and their teams. The roles of these liaisons are defined below: The President will handle all official Carnegie Mellon Mock Trial business with the coach. This includes, but is not limited to: notification of hiring and termination, arranging seminars and official team scrimmages, and setting up other general events that include the coach. The President may make any decision regarding the coach in the best interest of the team. The Team Captains will handle specific business between their teams and the coach, and may utilize the resources and advice that the coach offers as they see fit for their team. Team Captains may arrange informal scrimmages with the coach, invite the coach to their meetings, and make reasonable requests of the coach to better prepare the team. Article VI. Amendments 6a. This Constitution must be passed by a 3/4 vote and takes effect immediately. The first full academic year during which the Constitution will be in effect is the academic year. Membership in good standing shall be retroactively conferred upon all members of CMU Mock Trial during the academic year. 6b. Amendments can be made at any time to the Constitution. They must be announced to the general membership for at least one week before a vote may be taken. There must be a quorum present to hold a vote on amending the Constitution. Amendments require a 3/4 majority vote to pass. Article VII. Statement of Assurance Carnegie Mellon Mock Trial abides by the CMU statement of assurance, as found here:

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