finding statements of law.. (1 Viewer)

[krisk85]

how do we find statements of law in cases? i've been hunting around the cases but can't seem to find them.. anyone able to shed some light/ thanks

 

[krisk85]

ahaha yer biz law..!! the statements of law are supposed to be in the cases tho? asin because its a common law system we have laws set by the courts? therefor they have to be in the cases?... somewhere?

p.s i love your napolean dynamite avatar

 

[Demandred]

how do we find statements of law in cases? i've been hunting around the cases but can't seem to find them.. anyone able to shed some light/ thanks

You mean the Ratio Decendi ?

Anyways, the problem with Law is that its encrypted in the whole judgement, you'd have to read the whole extract to understand what is the law that the Judge is espousing.

 

[LaraB]

You mean the Ratio Decendi ?

Anyways, the problem with Law is that its encrypted in the whole judgement, you'd have to read the whole extract to understand what is the law that the Judge is espousing.

The easiest way to find them is to go to Lexis nexis - search the case - at the top, it'll have the issues addressed in the case.

Go through the case and basically find the questions that related to these issues - the ratio/statement of law will be the answers to these questions

or you could search the net for a study guide/summary to use as a starting point

 

[krisk85]

serious natstar? wat did he get!

thanks guys i figured it out... to those doin law.. hope u like it lol, i dont

 

[LaraB]

serious natstar? wat did he get!

thanks guys i figured it out... to those doin law.. hope u like it lol, i dont

lol that's only coz you don't get to the interesting stuff

As a general rule - business/commerical related law is boring...

Crim and stuff are really interesting More interesting events, not just people bitching over lost money or shit products or one word in an employment agreement

 

[krisk85]

ahaha natstar, i thought your friend was like the one of 4 who got 14!! DISAPPOINTED!! :mad1: well he beat me i messed up 1st one

your right lara.. we just get the shitty stuff..

btw you guys wouldnt know where i can find a case (authority) or a statute that says what a simple contract and a formal contract needs to have and be?

for eg. our book says what it is, but gives no authority or statute

 

[melsc]

Generally you read through the judgement until you find the statement that supports what you are saying (make sure you are reading the majority judgement and not the dissenting ones). However if you arent used to doing it it might be easier to grab a textbook (i.e. in your case a contracts one) and look up your topic in the index, often they refer to sections or statements in the case that are important or authorative for a specific area.

 

[Shell]

LOL i got 0.5 for the second question for that assignment. hahah i suck at this unit

 

[BobB]

lol it's always easy to tell the difference between law students and non-law students coz you guys ask for the statement of law, wheras law students look for the controversial obiter because they know ratio doesn't exists hehe :wave: