Briefly discuss the executive action, in terms of s 327 of the CPA, which may be taken by the State President after the court has evaluated the accused’s petition, and the (procedural) consequences of the State President’s decision.

Kara became a legal assistant after working as a legal secretary for many years in a general practice law office. After she received her legal assistant degree where she felt she could have taught the classes at times, the firm placed her name on letterhead, gave her business cards, and put her name on her […]

A local newspaper reporter calls to inquire whether your attorney is representing a person charged with misappropriating funds in connection with a recent charitable fund raising project. How do you answer the question?                         Tell him your attorney is representing the client but that you cannot give him any information.                         Tell him your attorney […]

After conviction and sentence in the district court, X decides to lodge an appeal on both the conviction and the sentence. A, his attorney, advises X that they need to approach the regional court, which has higher jurisdiction than the district court, to hear their appeal.    Briefly discuss the workability of A’s strategy.

    Apply structure: 

IMM v R (2016) 257 CLR 300 (analyze only the judgment by French CJ, Kiefel, Bell, and Keane JJ) Apply structure:  1) Introduction 2) A brief summary of the relevant facts and procedural history in each case 3) Issue(s) in dispute/the question(s) addressed by the courts 4) The parties’ arguments 5) The courts’ decisions 6) Summary of the judgments (including […]

2.1 During an altercation with his neighbour, Feisty Belligerent in the year 2000, Ed Crook allegedly ‘slapped the complainant across the face with an open hand’, and also ‘urinated on his lawn’. Feisty subsequently laid charges of assault and malicious damage to property. Feisty did not suffer any physical injuries. 2.1.1 Briefly discuss, in the […]

Bolstered by their recent success, Shirley and Vivian intend to source aggressively for new clients and projects but are concerned that the rapid expansion of their business may give rise to risks. They propose to change the form of their business organisation so as to address this issue. Shirley and Vivian hope that the new […]

                                  a substantial cause                                 a superseding cause                                 a concurrent cause                                 an intervening cause   QUESTION 2 A land owner has a duty to warn of and make dangerous conditions safe to this class of people:                                 a known trespasser                                 a trespasser                                 a licensee                                 an invitee   QUESTION 3 […]

After the first state witness gives evidence-in-chief, the magistrate, M requests the for the witness to be to cross-examined. P who led the evidence-in-chief of the same witness, stands up to start cross-examination. Provide a brief explanation of the process of cross-examination with specific reference to  i. the party who can/ must conduct cross-examination ii. […]