From "The Room" by Brass
The aim of this series is to practice judge's skills in writing Facts Found, Conclusions and Rules Applicable, and Decisions as required by rule 65.1.
These are not intended to be 'difficult' rules problems: concentrate on the writing skills. You are not expected to 'discuss' the rules or the scenarios, or enter into 'what-if' considerations.
I suggest you write against the clock, and include a note of your time taken when you post your answers on LTW, to compare with others.
You are the scribe for the protest committee of the LTW Yacht Club, which races in the Liberty River. You have received the written protest as shown, decided it is valid, and have heard both parties and witnesses, and have recorded the Facts Found as shown.
You realize that you do not have sufficient Facts Found to decide the protest. What questions do you need to ask parties and witnesses to discover the necessary missing facts? You might like to refresh your memory about questions by re-reading Judges Manual 9.18.
Suppose you receive consistent replies to your questions to enable you to decide the protest. Write the additional Facts Found, Conclusions and Rules Applicable and the Decision for this protest.
Please post your effort on LTW, for us all to share and learn. Don't be shy.
Protest Form Section 7 – Description of Incident
- Approaching the bend in the river bank Dublin Delight gybed from Starboard onto Port clear ahead of Copenhagen Charmer, who then also gybed onto Port.
- Copenhagen Charmer sailed into the gap between Dublin Delight and the shore and hailed for room to pass the obstruction.
- Dublin Delight luffed Copenhagen Charmer into the river bank so that there was contact and both became stuck in the mud.
Partial Facts Found
- Dublin Delight and Copenhagen Charmer were running towards a bend in the river bank on port tack with Copenhagen Charmer clear astern of Dublin Delight.
- After her gybe Dublin Delight leaves a gab between her stern and the shore.
- Copenhagen Charmer becomes overlapped between Dublin Delight and the shore and calls for room to pass.
- Dublin Delight responds by luffing and there is contact between the boats which results in damage.
- Both boats hit the shore and get stuck.
You must write two additional facts before you can get to a conclusion. Decide those facts one way or another, and write your protest
As an additional exercise you can think about the questions you need to ask the parties to get to those two missing facts.
Brass will comment after a few days.