SLSS1001 Lecture Notes - Lecture 5: Legal Realism, Blood Transfusion, Blackletter
26 Jul 2018
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Week 5: how to read a case and legal reasoning. Readings: yorta yorta, textbook, case analysis in the exam, case note summary, issues, facts. Tutorial reading 1: textbook ch 2 what is the law itself p 74-97. Common law cases: cases in which the legal principles themselves have dev across a number of decisions in an area where there is no relevant legislation on point. Citation: it is a unique identifier that should enable the holder to locate the exact case (like a street address or url) Parts of a citation: in example smith v jones (2014) 215 qlr 56. Title: this is the names of the parties: smith and jones (common in civil cases) or crown against jones (common in criminal cases) never smith verses jones. The party initiating the action is named first and the responding party second. Year: this is the year the decision was reported, which is usually the same as the year of the judgement.
