• Loemons
    the role of the Magistrates court in relation to criminal cases.(14 marks) There are three main categories which are used to decide how serious the offence is. If it is a minor offence such as driving without insurance it is called a Summary offence. If it is an offence which is not minor nor serious...
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  • Judges
    previous decisions. Once a point of law has been decided in a particular case, that law must be applied in all future cases containing the same material facts. For example in the case of Donoghue v Stevenson[1932] AC 562, (Case summary). The House of Lords held that a manufacturer owed a duty of care to...
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  • Civil Ligation Process
    required to file and serve his defence on the plaintiff 14 days after the time limited for entering an appearance, or after service of the statement of claim, whichever is later. A defendant may make a counterclaim in the same action brought by the plaintiff in the defence. A plaintiff must serve on the...
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  • Legal Studies
    voL.5 NO. l0 NOV 20il niio$ By Mohan Dholl, Legol Studies Teocher, PLC Croydon, NSW Critrle - Evidence and Defences The State has much power and the citizens of a State must be protected fiom the arbirary abuse of power by the State. The law enforcemenr arm of the State can detain people...
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  • Mental Illness vs. Mental Disorder
    offences that do not require mens rea and to which the accused can offer no defence  Strict liability offences – offences that do not require mens rea but to which the accused can offer the defence of due diligence (the defence that the accused took every reasonable precaution to avoid committing a particular...
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  • Court Report
    What kind of hearing did you attend?(e.g. sentence, summary trial, committal hearing, jury trial, mention, call-over etc.) I attended an appeal against sentence. This is when the accused feels the sentence they were given is too severe, in which case a request is put forth to a higher court for the review...
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  • Wilson vs Pringle
    defendant had committed a trespass to the person of the plaintiff. In his defence the defendant admitted that he had indulged in horseplay with the plaintiff and on the basis of that admission the plaintiff applied for summary judgment under RSC Ord 14. The registrar refused to enter judgment but on...
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  • Reports
    anything you observe as accurately as possible. Try to note the key figures in the case and their roles as the legal drama unfolds in front of you. Try to right down some of the discussion, especially the key points of the case. Make sure to report the verdict, if there is one, and the reaction of those in...
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  • Legal Studies Crime Notes
    occur. Usually heard in the district court and higher. * Summary Offences - A summary offence is a less serious charge, such as shop stealing or drink driving. These cases are heard by a magistrate in a local court, without a jury. Summary offences are brought on a charge called a ‘summons’ and carry...
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  • Defamation
    vindictive? Evidence of malice is relevant to counteract some of the defences that might be raised by INJ under the 2009 Act. f) Did the extent and manner of publication exceed what is reasonable? This is relevant to the defence of “Fair and Reasonable Publication” under the 2009 Act. g) Did INJ...
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  • Rubbish
    000 or less QCAT Civil cases which involve small amounts of money less than $25 000 District Court Amounts from $150,000 to $750,000 in the District Court Supreme Courts $750’000 to unlimited amount in the Supreme Court Summary offences (Magistrate courts) Summary offences are matters that...
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  • Civil Litigation
    issue proceedings. (iv) If you are instructed how will costs be kept to a minimum. (8 marks) (i) The size of the debt affects the track the case will be entered to, with the options being the small, fast or multi track. Since the debt in question is £4,500 then the claim will be entered into...
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  • Legal Crime Notes
    driving. These offences are dealt through the courts with the obligation of large fines, suspended or cancelled licenses or even imprisonment for severe cases and repeat offenders. - Regulatory Offences Regulatory offences are breaches of laws that are imposed on society and seek to protect the best...
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  • hello
    as a defence o The plaintiff has raised a matter which they should talk about it the reply Question 1.3 - Under r23.03 Summary judgment for the defendan can be given by the court at any time if the defendant has a good defence on the merits o This rule only applies when Plaintiffs case absolutely...
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  • Criminal Law Unit Review
    liability- culpability based on the commission of an actus reus and inability to prove the defence of due diligence. Crime Scene Investigation- Crime scene evidence alone does not establish guilt on its own in most cases. Source or physical evidence, police secure the scene, follow proper protocol, properly...
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  • Legal Studies Crime
    the action anyway Manslaughter is the killing of someone in circumstances less culpable than murder. It can be voluntary manslaughter e.g. self-defence, provocation or diminished responsibility. It can also be involuntary manslaughter. E.g. a result of negligence Infanticide is the killing of a...
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  • Crime
    victims, crimes are prosecuted by the state, i.e. it is not the role of the victim to prosecute the person(s) committing the crime. Accordingly, criminal cases in Australia are reported as R v Jones….with the R standing for Regina (Latin for Queen, representing the Crown and therefore the state) and Jones being...
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  • Towards Ethnorelativism - Milton J Bennett
    read the Article: Organisational Behaviour Week #: Session 5: Culture Author of summary: Date of Summary: 17/01/2013 Towards Ethnorelativism: A Development Model of Intercultural Sensitivity. High Level Summary: Organized into six “stages” of increasing sensitivity to difference, the article...
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  • Legal Notes Civil Procedure
    * This whole process is designed in a way to manage litigation to bring cases to an early and economical end consistent with the needs of justice * Adversarial system * The parties are in control of their own cases * The role of the independent judge * Joan and the Australian...
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  • Articles: Cross-Examination In Summary Trial
    Cross-examination is a very important process in summary trial. The main object of cross-examination is to find the truth and defection of falsehood in human testimony. It is design to destroy or weaken the force of evidence a witness has already given in person or elicit something into your favour which...
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