2016 JOHN BLACK RESEARCH MEMORANDUM
TO:
FROM:
RE:
2016 John Black Moot Court Competition Competitors
The Advocates
Supplemental Competition Information and Closed Research List
Executive Summary
This memorandum contains supplemental information regarding the 2016 John Black Moot
Court Competition as well as the list of authorities for this closed-research competition. The memo
addresses the court who will be hearing the matter, how to handle internally cited cases, and provides
the list of permissible authorities, as well as details about how to petition to add an authority. If you
have questions about the Competition, please contact the Competition Director, J.T. Reinert, at
jereiner@central.uh.edu.
I. Court Hearing Appeal
This appeal will be heard by the The Fifteenth Court of Appeals of Texas.
II. Internally Cited Cases
Cases cited by the listed authorities are referred to as “internally cited cases.” If a case, statute,
or other authority is cited by a listed authority, you may refer to that authority, but only for
propositions cited by the listed source. You may not utilize the cited authority for any other purpose.
As a hypothetical example: Smith v. Jones, a listed source, states: “A cause of action in negligence
‘does not require a Plaintiff prove intent.’ Thompson v. Johnson, 123 S.W.2d 456 (Tex. 1999).” Thompson
is not on the list, however, you may argue, for example, “As indicated in Smith by their favorable
reference to Thompson, a plaintiff seeking to prove negligence does not have to show intent.”
Because this competition is CLOSED RESEARCH, when presenting your arguments you
may use only the materials cited in this Memorandum and outside research is NOT PERMITTED.
III. List of Permissible Authorities
The list below is the pool of permissible authorities that you may use in preparing your
arguments. As you prepare your arguments you may discover other authorities that are necessary or
important that are not on the list. You may propose to the Competition Director that these authorities
be added to the list. If, in the course of the competition, the Competition Director sees fit to add an
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authority, competitors will be notified of the addition via email so that all may have an opportunity to
evaluate the authority for inclusion in their arguments.
2016 John Black Moot Court Competition Legal Authority List
1.
Tex. R. Civ. P. 166a
2.
Restatement (Second) of Contracts §§ 241, 242, 265, 267
3.
Tex. Bus. Orgs. Code Ann. §§ 152.052, 152.203
4.
Centex Corp. v. Dalton, 840 S.W.2d 952 (Tex. 1992)
5.
Fletcher v. Edwards, 26 S.W.3d 66 (Tex. App.—Waco 2000, pet. denied)
6.
Formosa Plastics Corp. USA v. Presidio Eng’rs and Contractors, Inc., 960 S.W.2d 41 (Tex. 1998)
7.
Harris v. Ebby Halliday Real Estate, Inc., 345 S.W.3d 756 (Tex. App.—El Paso 2011, no
pet.)
8.
Hughes v. St. David’s Support Corp., 944 S.W.2d 423 (Tex. App.—Austin 1997, writ denied)
9.
Ingram v. Deere, 288 S.W.3d 886 (Tex. 2009)
10.
Ludlow v. DeBerry, 959 S.W.2d 265 (Tex. App.—Houston [14th Dist.] 1997, no writ)
11.
Mustang Pipeline Co., Inc. v. Driver Pipeline Co., Inc., 134 S.W.3d 195 (Tex. 2004)
12.
Schlumberger Tech. Corp. v. Swanson, 959 S.W.2d 171 (Tex. 1997)
13.
Stone v. Lawyers Title Ins. Corp., 554 S.W.2d 183 (Tex. 1977)
14.
Valence Operating Co. v. Dorsett, 164 S.W.3d 656 (Tex. 2005)
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