Identify the problem: what has gone wrong? Identify each party and briefly describe their… 1 answer below »

1. Issues

Identify the problem: what has gone wrong? Identify each party and briefly describe their individual issue(s), work out what area of law may govern the resolution of the problem, identify any conflicting or troublesome facts. Note that the task may relate to one area of law but it will usually raise a number of issues with that area of law.

2. Rules or Relevant Laws

Set out the legal principles that will be used to address the problem; source legal principles from cases and legislations, bearing in mind that law can be different from country to country (and, as far as Australia is concerned, the law may be different from State to State) and hence locating the law of correct country / territory to apply to the scenario is crucial.

4. Application

This is perhaps the most important part where you demonstrated your understanding of the rules or laws. While the explanation of the rules or laws in the earlier part may be taken out from textbooks or relevant statutes, this application part is where you elaborate on your knowledge. In this part, you should explain in detail why the claim is or is justified, based on the body of law pertaining to the case; use relevant precedent cases or legal principles laid down in the earlier part to support each answer; you may choose to use legislations, where applicable.

5. Conclusion

Stand back and play “the judge”, choose the argument you think is the strongest and articulate what you believe to be the appropriate answer; state who is liable for what and to what extent.

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