COMMLAW 1004 Final: COMLAW All notes

• School: University of Adelaide
• Department: COMMLAW - Commercial Law
• Course: COMMLAW 1004
• Professor: ALL

Document Summary

Think about what parliament was trying to achieve. Terms of art (range of meanings of a word? use the one that suits the context) Change in meaning over time (everyday meaning of a word is preferred unless absurdity) What is the ratio? it is the reason for a decision, the principle of law that emerges from the case. You can derive it from the facts and the decision. Rule -> statement of the rules pertinent in deciding the issue stated (case precedent and statute). Application -> applies the rules developed in the rules section to the speci c facts of the issue at hand and explain or argue why a particular rule applies or does not apply in the case presented. Argue for both sides and then come to a conclusion. Conclusion -> directly answers the question presented in the issue section, provides nal answer.