Cold Case Cheat Sheet - Summary Introduction to Case Law PDF

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Summary

Test/Exam cold case...

Description

Case Name: Court: Citation

Reported Judgement: Year (1) Publication Page Unreported Judgement/Neutral: [Year] Court Decision#

Judge:

J

Issue Statement The issue is whether.... Party.... will be liable to [Party] for [action] when... Material facts....and subsequently … more material facts. The issue is whether.... Party.... Will be successful in a claim for... Remedy... For...cause of action... Against... Party name.... When... Material facts.... NOTES:  Cause of action… material facts… Key legal issue Ratio X (is [un]likely to / will [not] be) liable to Y for [cause of action] when [material facts] A plaintiff will [not] succeed in a claim of [cause of action] where [material facts] NOTES:  Cause of action  Material facts  Outcome - Related to the material facts in a way that describes the judge's decision. Procedural History: Case name

Court

Judge

Decision

Defence Arguments Structure 1. States law/Arguments made based on law. 2. Judge agrees/disagrees - How? 3. Application 4. Successful/Unsuccessful NOTES:  Argument terminology:  Argued, submitted, reasoned  Arguments can be found in the submissions section and the analysis section. (Submissions = Arguments)

Mini ILAC Issue

Issue statement: Whether X will be liable to Y in an action [cause of action] when X [material facts: [Contentious facts] but [Exception related facts]] Sub issues: Important:  States what needs to be proved for X to be liable.  2 defendants= 2 issue statements.(Defendant 1/Defendant 2)  2 types = 2 issue statements  1 issue per para/line.  Use subheadings.  Focus on grey areas/ contentious issues.  State the elements needed to prove liability.  Mention public interest considerations.

Law

Identify area of law and the sub law from the case. 1. Identify authority / Origin 2. Identify law statement 3. Identify additions to law

Applicatio n

Plaintiff

Defendant

Sub Conclusion:

Conclusion Based on these facts, Y [can/cannot] demonstrate that the requirements for a claim in [cause of action] are fulfilled. Therefore, it is [un]likely that X will be liable to Y in action of [cause of action]....