LAWS1201 Final: LAWS1201-Foundations-of-Australian-Law
Document Summary
Basic purpose of case citation: used as reference to identify specific case which we are referring to, gives authority to our proposition. Fundamental skills of law: reading and analysing cases, interpret legislation. Differents between authorised and unauthorised report: authorised means court and tribunal has approved the headnote. Round brackets or square brackets: round brackets mean when the decision was handed down, square means year of publication. Case names should be italicized: but can be underlined in exams. In australia we do not say v" we instead say and": in criminal cases it is crown against. High court became highest possible appeal (e. g. couldn"t appeal to british privy council) in 1986. Hart v rankin demomstrates importance of appeal and importance of searching every legal avenue: starting with strongest point, wasn"t driving, excessive sentence, understanding plea. Obiter dictum- useful as while ratio is binding, it can often be quite narrow. Obiter = reasoning, discussion, expounding of legal rules.
