Ddsds - gblbl bupb PDF

Preview

Summary

gblbl bupb...

Description

Pleadings is the step taken after identifying whether a summons or statement of claim is needed. The function of pleadings is to state the case that must be met and ensures the requirement of procedural fairness is met in the sense that parties should have the opportunity to meet the case against them by knowing the arguments which prosecution intends to raise. Under r 14.26, an allegation of fact made by a party in their pleading is taken to be admitted by the opposite party unless they traverse the allegation; and Poorly drafted pleadings are liable to being struck out. According to rule 14.36, if don’t deny statement or make statement of non- admission, then allegation is admitted.

Lexis -

The About This Document box in the right margin of your full-text case gives you fast access to vital litigation-related documents

-

Lexis has that search function where it basically highlights your relevant search terms in different parts of cases or treatises.

Austlii - Has a very specific Australian focus which can be useful if the you are looking specifically for Australian articles and work. Both Austlii and Lexis advance pacific are great if you are looking for research articles. Case notes -

Case notes are usually notes kept by the lawyer during a case and it is used by the lawyer or anyone else at the firm to understand exactly what happened in the case.

The intended audience is the lawyers themselves preparing the case- so its like keeping a file on what’s happening in the case and the decisions that where made and when they were made. Essentially it allows the lawyers to come back and clarify or perhaps refine their memory of a particular aspect of the case. legal databases are repositories, they have journal articles, cases, treaties, reports Usually during a case or studying, lawyers and students need to access legal databases as they are repositories containing journal articles, cases, treaties etc. Essentially rather than flipping through legal books, it is way easier to just use the search function to find related documents.

Outline key facts, identifying the ratio, analysing the decisions and some form of critical analysis of the case which is your own opinion on the case and judgement.

Right of the bat I would say that it contains irrelevant material such as she likes to play Bingo and has a dog called Pluto to keep her company. under r 14.8 of the UCPR, pleading must be as brief as the nature of the case allows it to be. Addition of the relief claimed is incorrect- it’s supposed to be $213,726. r 14.10- certain facts may not be pleaded -

There is no issue there the cheque was fraudulent

The Plaintiff’s provision of the Cheque to the Bank was unduly influenced by representations made by Neil Platts that the funds would be deposited into an interest-bearing account with the Bank for a period of not less than 3 months -

15.3 Allegations of behaviour in the nature of fraud A pleading must give particulars of any fraud, misrepresentation, breach of trust, wilful default or undue influence on which the party relies....