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22/08/2022
In this subject you will often consider common law cases and how they interpret and apply common law principles as well as how they interpret and apply statute law in the study of company law.
In doing this case study you will observe the judges legal reasoning and the application of the doctrine of precedent that you would have studied in Business Law. In addition to this you would have studied terms like ratio decidendi and obiter dictum and again you may observe the judgement applying these principles.
‘Ratio decidendi’ means literally ‘the reason for the thing having been decided.’ This is generally said to be the reason why a case was decided.
‘Obiter dictum’, means literally ‘a thing said by the way’. ‘Obiter’ is Latin for ‘by the way’ or ‘incidentally.’ A ‘dictum’ is something which has been said. This refers to other observations which are made by the judge in deciding the case but which were not necessary to decide it
In completing this case study task you will see how statements of law are applied to the facts of the case you are asked to consider. It requires critical and analytical thinking skill as you need to sift through the different aspects of cases and locate the key elements in them.
Further these critical and analytical thinking skills that need to be applied to various problem situations you will be asked to consider in research assignments, problem tutorial questions and exams in this subject.
In reading the designated case you will also acquire knowledge of certain legal terms and in some instances some key phrases – some legal jargon – and understanding of what they mean.
Before completing the Case Study:
Read the case as many times as you feel necessary to be enable you to identify the following:
a) Legal terms and their meanings relevant to the case
b) the major legal issues area(s) of law in dispute
c) the relevant law (cases and statutes) relied on by the judge in making his/her decision
d) the actual decision of the case.
There are two (2) tasks to complete with the online law report case study:
First Task: Write a 500 words summary of the case including:
a) the relevant facts of the case
b) the major legal issues
c) the relevant law relied on by the judge(s) in making their decision
d) the actual decision of the case.
The case summary should be written in your own words. Note there is no requirement to consider other cases, use footnotes or prepare a bibliography, nor is it necessary to do further reading outside the case report itself.
The written report must be handed in and also uploaded on the turnitin link on the VU Collaborate.
A hard copy of the written report must be put into the Assignment box outside the School of Law office on Level 3, Building A at the Footscray Park Campus.
Students at the Flinders Street Campus will be advised about submission of their case study.
Second Task:
When you have completed your 500 word case summary your task is to go online to VU Collaborate under “Assessments” and then go to Quiz option and you complete the multiple choice questions in the quiz. There are about 10-13 multiple choice questions. It is recommended that you have a hard copy of the case with you when they are answering the multiple choice questions.
You have 45 minutes to complete the case study Quiz and you only get one go at it. The Quiz will close off at 10.00pm on Friday the 11th of August 2017.
Marks will only be allocated for the Quiz which is out to 10, however, if you do not submit the 500 word case summary, half of the marks you obtain for the quiz will be deducted.
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The writer is very fast, professional and responded to the review request fast also. Thank you.
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