LAW 1501 Lecture Notes - Lecture 5: Shoplifting, Vintage Car
MIRAC=
•Mateial Fats- (Only mention facts that are relevant to the issue)
•Issues- (What are the main issues that the court is trying to decide)
•‘ules atio- (What are the reasoning for the decision)
•Appliatio of ules to fats (Look thought judgement and how judge has applied rules to
facts)
•Conclusion (What was the finding/ decision or outcome).
Sharon’s issue
Issues of law- Will Ss appliatio to e aditted e aepted the Boad of Eaies?
Legal practioner rules
Fit and proper person
Good character
Academic requirements fulfilled pre-admission
Legal Practise rule
Supreme Court Admission Rules 1999 (SA) Rule 6 (A) states disclose any criminal charges,
convictions or acquittals, instance of academic misconduct.
Apply- Problem one- Shoplifting
- Was 15
- Wast haged
Advice- There is no need to disclose the shoplifting because she was not charged
Problem 2- Academic misconduct
- 1st year student
- Not a recent incident
- Might help her as it was a one of incident
- Doest speak to he haate, eause ot epeated
- Sign of immaturity
Apply/ advice- Must disclose academic conduct, but because of the above might be in her
favour.
Problem 3- Whaling incident
- S must disclose because she was convicted
- $20k fine, assuming it was paid off and/ or being dealt with. Would need more
information
- When did it happen, which summer holidays?
- Passionate about environment
- Teios Austalia defiitio s Japes defiitio
- Scale of danger
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Document Summary
Supreme court admission rules 1999 (sa) rule 6 (a) states disclose any criminal charges, convictions or acquittals, instance of academic misconduct. Advice- there is no need to disclose the shoplifting because she was not charged. Might help her as it was a one of incident. Does(cid:374)(cid:859)t speak to he(cid:396) (cid:272)ha(cid:396)a(cid:272)te(cid:396), (cid:271)e(cid:272)ause (cid:374)ot (cid:396)epeated. Apply/ advice- must disclose academic conduct, but because of the above might be in her favour. S must disclose because she was convicted. k fine, assuming it was paid off and/ or being dealt with. Apply- more information, but will defiantly have to disclose to the board. Conclusion- better to disclose because if the board find out if she does not disclose will not play in her favour. Given the timing of when the incidents happen you are likely to be admitted but after a while because the board would need more time on this.
