LAW 1501 Lecture Notes - Lecture 6: International Wheelchair And Amputee Sports Federation
2017 exam revision
Sometimes you will be given two people or maybe even just one person to talk about make
sure to address all people who are mentioned.
Take mcquaire dictionary or oxford dictionary
Question 1
Clients: Albert and Brian
Jurisdiction: SA DO not reference Commonwealth acts (K- Generation)
Issues:
For Albert- Was there an authorised direction under s 5
For Brian-Whether he can defend his charge under s 4
Make sure read last bit of the facts e.g with Albert he is seeking advice about whether or not
he has meet section 5
Brian seeking advise about section 4
Use IRAC to help lay out answer and it goes through all the steps, use it as a checklist if not
as a structure.
Albert- (CHECK IF FACTS MATCH WITH SECTION AND WITHER IT APPLIES)
E.g if there was no time given you say this does not apply as there is no specified time
I- Was there an authorised direction
-What are the specified time?
He was told to deliver it no later than 2pm
-Was there specific information?
Was stated in the facts
Reasonableness (when is something going to be reasonable)
-Explanatory (second reading speech expands on reasonableness)
Acts interpretation s 22 and K-Generation tell us we can use extrinsic material to further
define an act
-McQuire dictionary defines reasonableness
-Was it vital for the minister to have this information from Albert and did he need to know
this information
-Minister wants to know why because something is shutting down, therefore it is
reasonable for the minister to require the information.
I-was it in a reasonable time?
Definition of reasonable- Not exceeding the limit prescribed by reason; not excessive
S 5 does apply to the facts and it While the vital information was reasonable the vital times
was not reasonable as it was a very minimal time frame given to the company.
Presumption- This presumption helps deal with it
Beck With presumption (basically says where there Is an offense opposed on one it should
be in favour of Albert).
Because it was not a reasonable time s 5 1 has not been probably used and therefore, does
not apply.
Conclusion- there is no authorised information therefore it does not apply to Albert
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Sometimes you will be given two people or maybe even just one person to talk about make sure to address all people who are mentioned. Jurisdiction: sa do not reference commonwealth acts (k- generation) For albert- was there an authorised direction under s 5. For brian-whether he can defend his charge under s 4. Make sure read last bit of the facts e. g with albert he is seeking advice about whether or not he has meet section 5. Use irac to help lay out answer and it goes through all the steps, use it as a checklist if not as a structure. Albert- (check if facts match with section and wither it applies) E. g if there was no time given you say this does not apply as there is no specified time. He was told to deliver it no later than 2pm. Reasonableness (when is something going to be reasonable)
