70102 -Foundations of Law & Social and Legal Theory Analyses - Law Assignment Help

Assignment Task

Task 

PART A 
You need to locate and read the most authoritative version of the case cited above. You need to write a case note in response to the following headings:

a) Introduction: This should include identification of the case name and citation, court and judge/s and some sentences (one or two) reflecting on the topic of the case, its significance etc.

b) Material Facts: What are the circumstances that gave rise to the dispute? Think about the facts that are relevant to the legal reasoning. You only need to provide enough factual information to explain how the legal issues arose; you do not need to present facts of no relevance to the legal issues. Identify the parties clearly and be consistent with how you refer to them throughout the assignment.

c) Procedural history: Provide an overview of the procedural history of the matter (if any).

d) Legal issues: What is the legal issue(s) (or legal questions) that the court has to answer?

e) Legal Reasoning: What did the judge/s decide and what were their reasons for that decision?
This is the most important section of the case note. You need to be able to explain each judges reasoning, including pointing to what precedents, legislation or other sources were key in supporting that reasoning.

f) Orders: What is the outcome of the case? What orders were made? 

PART B 
Critically evaluate the case by situating it in is social and legal context drawing on critical theory concerned with the law and Aboriginal and Torres Strait Islander peoples in Australia, and critical race theory more broadly.

This part can be given the sub-heading ‘Part B - Critical Analysis.’

Note that the required readings across the modules on the history of the Anglo-Australian legal system in Australia, Constitutional Law, recognition of Indigenous peoples, and critical legal theories will be useful to you to undertake this analysis – you are, however, expected to conduct some further research.
There is no fixed way in which to undertake this critical analysis and there are multiple different ways in which you might approach this part of the assessment task. For example, it is possible to focus on part of the judgment, a single issue in the decision, or you might draw on historical considerations of this area of law, or the implications of this area of law for future cases, and so on. Different students will indeed provide very different responses but still do well. You must ensure, however, that your analysis is connected to the case itself AND draws on critical theories/scholarship, particularly those that address Aboriginal and Torres Strait Islander people and their relationship to the Anglo-Australian legal system, or critical race theory more broadly. You might like to think of this section as a ‘mini essay’.

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