power of law

power of law

Facts

Even if you are not required to submit a list of facts in your answer, it is a good idea to write one. This will help you sort through the facts you have been given and determine which facts are relevant and how you are going to use them. The following is a list of questions that may help you do this

Who is involved? (identify parties specifically by name, if possible)
Who suffered?
How?
Why? (was is avoidable?)
What is the known (relevant) information?
Is there any missing information?
Include specific details like dates and monetary figures
Note: Reread the question at the end of the case study. This will tell you what you are supposed to be doing and it will help you determine which facts are relevant.


Issues

Identify the problem: what has gone wrong and for whom?
Name each Plaintiff and Defendant and briefly describe their individual issues
Work out what area of law may govern the resolution of the problem.
This could include, but is not limited to the following bodies of law
Contract law (be specific about which part)
Trade practices (e.g. misleading conduct)
A company law issue (e.g. breach of director’s duty)
Negligence Criminal Law
Constitutional Law
Partnership Law
Assignments generally relate to one area of law but the assignment will usually raise a number of issues within that general area.
Identify any conflicting or troublesome facts
Note: Assessment tasks are set around the work that you have done in class or will do in class. You are not expected to go outside the content of the unit but you are expected to explore it

Rules and relevant Law

Set out the legal principles that will be used to address the problem.
Source legal principles from cases and legislation.
Note: Make sure you are specific when stating the relevant law/rules that apply, and always make sure to support propositions with case authority.


Application

Explain in detail why the Plaintiff’s claims are (or are not) justified,...

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