LAW - case assignment (1 Viewer)

[Ozz^E]

Howd ppl do with the case assignment?? I found it more straightforward then the court assignment but i guess it depends on how its marked.

 

[timmii]

true, but i hated it...

I think it's because it is something totally new to me. No matter how much i read and re-read and thought and re-thought, nothing i have ever experienced before in my education has taught me what should be a legal issue/ratio...Plus my tutor is so vague and i have noooooo idea what they want from us *argh*

 

[kini mini]

Speaking of ratios - in the UNSW law assessment, the judge's decision consisted mainly of reaffirming previous cases - does this form part of the ratio? See this discussion I had with James (his question and my response). I suppose we'll find out when we get it back!

Hi James

I was looking at what you said the ratio was in your notes, and to an extent
I agree that the ratio should only be points of law decided in the case. But
to my mind, this must include points that were reaffirmed in the case as
well - like the point from House v The King. If a relevant precedent exists,
I think a judge must choose to agree or disagree, and the decision joins the
body of common law - so it is significant that Stein JA reaffirmed that test
of discretion. Otherwise, I can't see that we'd have a ratio to talk about
at all because as far as I can see all the points of law in the case were
ruled upon with regard to established guidelines. Hope that reassures you
.


> Bit of a late response -
>
> With regard to the first point of your ratio, is that actually a point of
> law that was decided in this case? It seems as though Stein JA is merely
> following guidelines that have been previously established (e.g. House v
The
> King). It seems like a valid point... can you please justify the inclusion
> of it to me? I need it to sit well in my mind. =)

 

[Ozz^E]

Originally posted by timmii
true, but i hated it...

nothing i have ever experienced before in my education has taught me what should be a legal issue/ratio...

huh?....how bout the last few weeks at uni. You must have gone over wat legal issues/ratio were?

Briefly, the legal issues are the questions of law that the justices have to answer. The ratios are the answers to these questions. An example from the assignment.

1. Legal Issuel: Can women constitute a particular social group.

1. Ratio: Women may constitute a particular social group.

Now, the judges use a lot of reasoning to come up with the decision and that all comes under ratio (technically) but we only identify a succint answer. Note there also, that the legal issues have CORRESPONDING ratios. So if you have 3 issues, u get three ratios.

Hope that helps. Its not strictly applicable though, its one way of going about it.

 

[timmii]

Hehe thanx...Yeah we did go over it briefly. What I meant is that after several years of schooling i can judge if an english essay or a history essay or an economics essay are good, and if i have fulfilled the criteria and used the correct terminology etc...I'm totally uncertain about my law stuff. But i had one of my rationes the same as you at least

 

[jessika]

can someone please post the assignments that usyd people do, I want to know what your assignments are like.