Legal Cases

[Ace_KSCCC09]

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Hey im doing legal and my teacher tells me to remember 2 or 3 cases for the exam. Can anyone make recommendations to which cases i should remember?

[JonathanM]

For questions regarding precedent:
Donoghue v. Stevenson
Studded Belt Case
Trigwell Case

For questions regarding High Court interpretation:
Franklin/Tasmanian Dams case 1983
Mabo Case 1982

For questions regarding delays:
Beljajev Case


Give years of the cases if you can and have a quick read up on each of them so you can expand on what they are about if you have to. Don't remember the years for the first 3, sorry.

[Ace_KSCCC09]

Originally Posted by JonathanM

For questions regarding precedent:
Donoghue v. Stevenson
Studded Belt Case
Trigwell Case

For questions regarding High Court interpretation:
Franklin/Tasmanian Dams case 1983
Mabo Case 1982

For questions regarding delays:
Beljajev Case


Give years of the cases if you can and have a quick read up on each of them so you can expand on what they are about if you have to. Don't remember the years for the first 3, sorry.

thank you i seriously appreciate it

[Dermy]

It also might be worth looking up Brislan's case 1935 in terms of High Court interpretation, as well.

[Ace_KSCCC09]

Originally Posted by chris92

How about cases pertaining to implied rights?

i.e, Theophanous vs Herald and Weekly Times = Unlimited right to freedom of political speech in political debates and matters etc.

Australian Capital Television vs The Commonwealth = Right to freedom of political communication.

Vicky Roach case = Right to vote on the proviso that you aren't in prison for an indictable offence with a sentence longer than three years.

We all know these??

haven't heard of any of those honestly i have only ever heard of the ones JonathanM mentioned

[JonathanM]

Originally Posted by chris92

They're high court interpretations relating to human rights that you really should know dude.

My advice is to at least know the right to freedom of speech for political debates and matters.

I know the last two you posted but I never use them. You only really need case examples for the extended response and there are essentially only 3 possible extended response for each Unit, so you only need to remember the cases relevant to these questions.

[Gmac_0]

Originally Posted by chris92

They're high court interpretations relating to human rights that you really should know dude.

My advice is to at least know the right to freedom of speech for political debates and matters.

Nah you wouldn't need to know those specific ones I reckon. Different textbooks have different examples, Franklin Dams case is probably the best one I reckon, the television/radio communication one isn't bad either, but in any case you could use a number of different cases.

[JonathanM]

Originally Posted by chris92

I normally manage to squeeze these examples into all my answers for the Commonwealth Constitution's comparison with the USA/SA.

Question 11 - 2007

Australia's approach to the constitutional protection of democratic and human rights is different from, and
not as effective as, the approach adopted in the United Kingdom, the United States of America, Canada, New
Zealand and South Africa..
Compare Australia.s approach to the constitutional protection of democratic and human rights with the approach adopted in

one of the countries listed above. In your answer, evaluate how effective the Commonwealth of

Australia's Constitution is in protecting democratic and human rights.

That's a question where you almost certainly have to incorporate the aforementioned examples in order to repudiate the notion that the Commonwealth Constitution is in some way inferior to these other countries. To my way of thinking, these examples will complement any such answer and will help achieve full marks.

Hrmm. I usually pull out an example like the Mabo Case to display the relationship between the courts and parliament in law making, but I can see how that would work. I doubt you'd get the above comparison question for this years exam for anything above 8 marks though, and that is pushing it. I shall eat humble pie if I am wrong