Property Law Spring 2006 (1 Viewer)

[Angel45]

Heya all,

Just wondering, is ur case book 2003? Mine is the 2nd edition, as the outline says, but 2003, not 2002. Just making sure same version, though i guess it doesn't really matter...

Also, what's the difference between jnr counsel and senior counsel in terms of roles.. or do we just split our whole argument in half and do 10 mins each??

thanks for any help

 

[Jonathan A]

There has been some changes in the cases - although not too much. Butt's book has changed.

As for Counsels. Barristers start off as Junior Counsel and with more experience can be appointed as Senior Counsel (like a QC). In the moot, the SC is taken to start the submission and the Junior will end them.

 

[Angel45]

Thank Jonathan,

The casebook seems to be okay even though it says 2003 not 2002, I thought maybe it'd have bits missing and I should have gotten a diff one.

I have a quest for y'all....

Granted, I may be wrong, BUT say you can only find a case which seriously doesn’t help ur case, and in fact supports the other side’s case…even if you can distinguish it, or say the Crt isn’t bound etc, do u have to offer an alternative? Coz I can, but it’s compl. not based on any authority coz I can't find anything else on it! What to do, what to do…thought maybe someone knew what happens then

Thank you!!

 

[Jonathan A]

Granted, I may be wrong, BUT say you can only find a case which seriously doesn’t help ur case, and in fact supports the other side’s case…even if you can distinguish it, or say the Crt isn’t bound etc, do u have to offer an alternative? Coz I can, but it’s compl. not based on any authority coz I can't find anything else on it! What to do, what to do…thought maybe someone knew what happens then

Thank you!!

Depends what you are seeking. An alternative is a great strategy, it's like you have the answer the court should adopt. Proving a case does not apply for whatever reason is probably the first step, but it would be great and desirable if you can tell the magistrate what law DOES apply.

 

[Angel45]

Thanks heaps!!

Man, I have so many question on this!! Haha. haven't done one before

If we put the facts we're going to rely on in our submission, what do we cite as proof of them? The decision of the trial judge? If so, how do we cite it??there's no citation of anything

Also, sorry guys...what if the full text I find has no paras or pages and I wanna say "per judge so and so at ???".