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Presentation/PPT
27/08/2022
Locate, read and do a case analysis on A v Hayden based on the High Court of Australia judgment (Full Court) and provide the following information, using the prescribed structure for this assignment:
1,000 words, excluding footnotes and bibliography – a 10% leeway applies. Do not use dot points. Marks are awarded for legal style, including citation and referencing in accordance with AGLC4.
This is the link for AGLC4 for citation and reference https://drive.google.com/file/d/14fRQZ-U68Zwe6UQEBXykR5o8Xbo1jTTI/edit
1. MATERIAL FACTS
Describe the facts relevant to proceedings before the High Court. You will need to revise this section after you have analysed the decision.
Tip: What are the material/legally significant facts of the case?
2. PROCEDURAL HISTORY
Explain the procedural history of the case. Include the full citation for each prior decision and provide additional information requested in assessment task 2 instructions.
Tip: If this is not a decision of first instance/decision of the originating court, you need to determine how this case has advanced through the court system to the point it is now. What proceedings have preceded it? Which court? Refer to AGLC4 to ensure you cite the cases correctly.
3. ISSUES IN DISPUTE AND EACH PARTY’S OPPOSING ARGUMENT
Explain the main issues that the High Court had to decide as well as main argument of parties.
Tip: This requires you to identify the main legal question(s) that the court is answering. Identify the relevant area(s) of law and incorporate the specific legal question that the court needs to answer with respect to the facts. Outline each party’s opposing argument concerning the issues. If there are multiple plaintiffs or defendants you may make a concise, cohesive statement that outlines the opposing argument(s) generally as far as it is possible to do so.
4. FINAL DECISION AND ORDERS
Explain the orders made by the Court.
Tip: Look for the way the court disposed of the case. Court orders usually require the carrying out of certain steps by one or more parties to a case. Parties are bound by the order.
5. ANALYSIS OF DECISION
Analyse the reasoning behind the judgment(s); consider major statement(s) of principle; provide any personal comments in relation to decision.
Tip: The reasoning section is a very important part of the Case Analysis. It carries more marks than other sections. To understand the court’s reasoning try to see how the court explained the applicable legal rule or principle and how the rule applies to the facts of the case. While it is appropriate to quote from the judgment(s), do not over quote or quote large tranches from the judgment(s) without attempting to provide some explanation of what the quoted material means. Your personal comment on the case should be provided in this section.
6. RATIO DECIDENDI AND OBITER DICTUM
Explain ratio decidendi of the decision and any significant obiter.
Tip ‘Ratio’: Look for the pronouncement of a legal principle necessary for the judge or judges’ decision on the facts of the case. The ratio has the status of binding precedent on courts lower in the same hierarchy and is derived from those novel parts of legal reasoning within a judgment on which the outcome of the case depends. As the ratio determines the dispute currently before the court, look for the legal principle that the court is using to decide the issue in contention. It is a good idea to quote the ratio or part of it. Consider readings at Ch 7.1 of The New Lawyer and tutorial exercises on finding the ratio.
Tip ‘obiter’: Look for passing judicial remarks or observations that are not strictly necessary to the decision. Consider readings at Ch 7.1 of The New Lawyer and tutorial exercises on finding obiter.
BIBLIOGRAPHY
Tip. Refer to AGLC4 rule 1.13
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