Cases in Law (1 Viewer)

[~ ReNcH ~]

As an HSC student, I have no idea about cases and interpreting them. But I just have a couple of questions anyway:
1. If you're asked to present a judgement on a case, is there any one response that you should give? (i.e. is there one correct response to a particular case or can the one case be interpreted in different ways as long as you support your argument)
2. Is there any chance that someone could post up an example of a case so that I can look at what I'd be up against if I did Law? (or are they too long and wordy to post?)

 

[Newbie]

law school doesnt automatically make you able to write judgments
we barely get by trying to understand whats going on haha

 

[Frigid]

1. i think you mean write a case note and identify the ratio?

well, umm, the ratio might be obvious, it might be unanimous, it might be ambiguous (different judges saying different things, leading into different conclusions).

but, most of the time, there are only a few right answers in analysing a judgment (judgment with one 'e').

2. here is this year's UNSW first-year law students' final assessment (60% weighting).

write a case note (consisting of a case brief and case commentary) (2000 words, footnotes inclusive) of the following case:

Cannon v Tahche [2002] VSCA 84; 5 VR 217 (32 pages)

it's not that hard once you've done almost one semester of foundations ^.^

edit: frigey recommend proto-law kids to read the following judgments post-HSC:

- Donoghue v. Stevenson [1932] A.C. 562

- The Queen v Dudley and Stephens (1884) 14 QBD 273

- Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256

 

[~ ReNcH ~]

(judgment with one 'e').

Can't judg(e)ment be spelt either way?

 

[~ ReNcH ~]

What exactly is a case note?
Is it just a summary of the case...who? what? when? where? etc. as well as your own judgment? ))

 

[Frigid]

essentially a case note are notes about a case. usually, it is a digest of the case, in a page or two, so that counsel is able to grasp all the important aspects without reading the case again.

there's no 'correct' way of setting out a case note but it might be something like:

Name,
Court, Citation
Judges,
Procedural History,
Facts,
Issues,
Arguments,
Analyses,
Ratio(nes),
Order,
Conclusion,
Commentary on significance of this case/principle(s) raised/affirmed.

allow me to illustrate a simple case note:

 

[MoonlightSonata]

What exactly is a case note?

I will post my casenote from Foundations, it may help give you the general idea --

http://members.iinet.net.au/~cgmhome/writings/law/casenote_hosking.pdf

 

[stamos]

man i wish we had've got that case

our one was 4 times that long i think

 

[Newbie]

your rape and rape again case was much more interesting and shorter than hoskings !

 

[Frigid]

again, john, i must remind you i don't do foundations. i read the 'rape and rape again' case for FUN