LAWS105 - Legal Foundations A - Areas of Law Section - Law Assignment Help

Assignment Task:

LAWS105: Law Assignment Help

BACKGROUND INFORMATION

This assignment requires you to create a fact scenario in which a fictitious client is facing a legal issue/s and write an internal memorandum of advice based on the
scenario. This assessment task is heavily embedded in the curriculum and the Subject Coordinator will be discussing it regularly in lectures. Following is a list of preliminary instructions:

 Choose a topic from the options below from the “Areas of Law” section.
 Start your research by utilising secondary sources such as textbooks and  journal articles to ‘get a feel’ for the area of law. The secondary sources will also
make reference to relevant legislation and case authorities in that area of law.

 Choose the area that interests you the most. You may refer to more than one case. Conduct the necessary checks to ascertain that the case(s) is still a good
authority i.e. has not been overruled.

 You do not necessarily have to apply the specific case that has been referenced for that topic. For example, you can find any case on vicarious liability in
Australia and work with that.

 Create a fictitious scenario that is similar to the facts of the main case that you are applying, but not so similar that the same result is certain. The idea is to construct facts upon which the case is arguably analogous, but also arguably distinguishable. The underlying purpose of this process is to encourage analysis of the relationship between rules, facts and issues. The objective is to create fictitious facts in the ‘grey zone’, that is, where there are strong arguments on both sides of the relevant issue(s) that you can explore.

•  Your fictitious scenario can be set in any Australian jurisdiction.
•  You are required to provide some information about your preparation in the Week 7 tutorial.

ASSESSMENT INSTRUCTION

Assume that you are a junior solicitor in a local law firm and that you have just conducted an interview with a new client. The partner in your firm (your boss) was
unable to attend and requested that you conduct the interview to elicit the material facts from the client. You are required to draft an internal memorandum of advice for
the partner to peruse and approve (NB: an internal memorandum is prepared by junior lawyer for a supervising senior lawyer for the purpose of exchanging/sharing legal research and analysis within the firm). Your memorandum should include the following:

(a) a ‘brief answer’ (a short summary of your final advice);

(b) a clear statement of the relevant facts;

(c) an outline of the legal issues;

(d) reference to, and explanation of, the applicable law (legislation and cases);

(e) application of the applicable law to the relevant facts;

(f) your advice to the client; and

(g) anything else that you deem necessary.

The partner (an experienced lawyer) is your ‘audience’. Accordingly, the memorandum should be written in plain English, but at an appropriate level of sophistication.
The Subject Coordinator will provide verbal instructions regarding how to draft an internal memorandum of advice and all other relevant aspects of the assessment task as
the semester progresses.

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