Analyse the application of the rules to the facts in order to evaluate the judicial decisions and conclusion of the case.

You are required to locate the case; Rixon v Star City Pty Ltd [2001] NSWCA 265. Which relates to Torts. This case can be found at; http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWCA/2001/265.html. Provide the reader with an overview of the chosen area (Torts) and case (as above) as well as the key arguments you make in the case analysis section. Do not forget the case name and citation.

Case Note – Australian Law

Details

  • There is no set limit of references.
  • Legal text citations (footnote).
  • You should reference your case; Rixon v Star City Pty Ltd [2001] NSWCA 26 plus, any relevant cases and Acts that the judges rely on in your case.

 

Instructions

  • You are required to locate the case; Rixon v Star City Pty Ltd [2001] NSWCA 265. Which relates to Torts.
  • This case can be found at; http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWCA/2001/265.html

 

The Assignment Should Contain the Following Sections:

Introduction:

  • Provide the reader with an overview of the chosen area (Torts) and case (as above) as well as the key arguments you make in the case analysis section. Do not forget the case name and citation.

 

Case Summary:

  • Outline the formal and substantial details of the case, including the procedural history, material facts and the roles and responsibilities of the judge and parties in the case. This means that you need to explain what the facts of the case are and what has happened with the case beforehand (i.e. is this an appeal from an earlier trial).

 

Identification of Legal Issues:

  • Identify and explain the legal issues being contended (what is the relevant law at the centre of the case and what are the parties contending in relation to this), the judge’s reasoning (this is the judge’s commentary and logic as to how they have reached their decision), and the orders made in application of the relevant rules (the decision itself and what the court ordered).

 

Case Analysis:

  • Analyse the application of the rules to the facts in order to evaluate the judicial decisions and conclusion of the case. Consider whether a different outcome could have been reached if the law was applied differently. You may include discussion of some or all of the following:
  • Analysis of the legal arguments advanced by each party and the role these played in the outcome.
  • Analysis of the application of the rules to the facts in order to evaluate the judicial decision/s
  • Comparison of the judicial decisions (in the event that there is more than one judge in your selected case or draw comparisons between the appeal decision and decision at first instance if your case is an appeal).
  • Consideration of the strengths and weaknesses of the decision.
  • Identification of the broader policy implications of the decision, what does this mean for future cases and what is the impact on society?
  • Consideration of the possible alternative decisions available to the court and implications of such decisions.

 

 

Conclusion:

  • Re-state the key factors from the case itself and reinforce your main points from the case analysis.

 

Marking Criteria

Introduction (5%) 

  • Provided context and indicated themes for discussion.

 

Clarity of Writing (20%)

  • Use of academic English is consistent and accurate, with formal written expression and clear structure.

 

Case Summary (15%)

  • You have identified the case name and citation, material facts and other relevant information and have presented them in an integrated and logical manner.

 

Identification of Legal Issues (20%)

  • You have identified core legal issues in dispute in the case and demonstrated understanding of the law in this area.

 

Case Analysis (25%)

  • You have demonstrated control and inclusion of your own voice and provided informed critical discussion of the case.

 

Conclusion (5%)

  • You have provided a well thought out conclusion that provides a response to the question/task.

 

Referencing & Bibliography (10%)

  • Accurate legal citations and reference list provided.
 

"Is this question part of your assignment? We Can Help!"

Essay Writing Service