law questions (2 Viewers)

[donkeydrop]

Hello,

Can somebody explain to me what does this sentence means:

"leave to appeal to the Full Court of the Supreme Court of South Australia was refused"

thank you,

 

[hfis]

It means that whoever lost the case in question was denied an appeal; that is, they cannot appeal the verdict of the case.

 

[melsc]

:uhhuh: yep what hifs said - the person was seeking leave (aka permission) to appeal to the full court was refused, meaning that that person could not appeal, they must not have had a good reason to appeal or something, I think you can only appeal based on severity of sentence, error in the application of law...and there is another thing...I think but I cant remember

 

[donkeydrop]

aha! Thanks a a lot melsc & hfis.

Another quick question. Im looking for a additional information (casenote? or any commentary which will help me to understand the case a little bit better.

Its a fairly recent case:

Behrooz v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs [2004] HCA 36

Ive used google to locate some infor but had only limited luck. Ive been told to use the "law journals"? Cause they might contain "additional commentary" on the case? To locate these "law journals" do I have to use Lexis Nexis

Thanks again

p.s. library lesson didnt cover this question

 

[melsc]

Do you have the ratio and/or obita? Is that what you are after???If so try www.austlii.edu.au
For additional info your best to ask the law students, coz I am not one...yet LOL
My legal teacher was saying something about butterworths...he gives us photocopies of them sometimes...they kinda simplify the ratio and make it a lil more understandable
Good luck

 

[donkeydrop]

yep,
i have ratio and/or obita. But i need something that "simplifies the ratio and makes it a lil more understandable"

ill have a look at butterworths

 

[melsc]

where are the law students when we need them...Frigiddddd, Santaslayer....

 

[hfis]

yep,
i have ratio and/or obita. But i need something that "simplifies the ratio and makes it a lil more understandable"

ill have a look at butterworths

I don't get how you can 'simplify the ratio'. If what you have can be simplified further, it probably isn't the ratio.

But yes, law journals are a good place to look for commentary, as are casebooks - but as its a fairly recent case, you're better off checking out the law journals. Your uni should provide you with either the hardcopies or electronic access to them, check out the library.

(I'm assuming you're at uni, anyway - your HSC year is displayed as 03)

 

[melsc]

I think he means when its just a very simplified version of the ratio...like a summary, probably like the small case studies we get in our legal textbooks - when you dont want to read the 100s of pages...just an outline - the cliffs notes of cases??? I think butterworths will help

 

[donkeydrop]

Thats what im trying to do. I found the names of the articles published in the Law Journal through Lexis Nexis. However, i can not access them
Ive sent e-mail to librarian so hopefully she can help. I found these articles on the net but the greedy Law Journal web-site charges about $8 per article.

p.s. I guess, sometimes you dont get what you want

 

[ManlyChief]

Thats what im trying to do. I found the names of the articles published in the Law Journal through Lexis Nexis. However, i can not access them
Ive sent e-mail to librarian so hopefully she can help. I found these articles on the net but the greedy Law Journal web-site charges about $8 per article.

p.s. I guess, sometimes you dont get what you want

Lexis is hard to navigate and does not include some important Australian journals. Given you are looking for a casenote on an Australian case, you are probably looking for an Australian publication. My advice:

(1) Have you tried AGIS?

(2) Do an Austlii search and limit it to searching law journals and periodicals.

(3) Often the best casenotes are in the University law school journals (e.g. the Sydney Law Review, UNSW Law Review, etc etc).

(4) Your case is reported in the Commonwealth Law Reports, yes? Perhaps just rely on the headnote from the report. The judgements are usually always explained well in the CLR headnotes.

I don't recognise the name of the case, was it a significant decision on an important point of law? If it was not, the chances that it was discussed in journals diminishes, but there should still be a headnote in the CLR.

On another point, does not your university library subscribe to the e-journals? I don't understand why you would have to pay ...

Good luck.

 

[ManlyChief]

Melsc: I like your posts, BTW. You do seem ever so keen to join the throng of law students Such dedication to legal studies ...

OshKoshB'Gosh! Your location informs us that you are "chasing ambulances in the Inner West"! I hope this is not true! Ambulance-chasing is unlawful in the good state of New South Wales!

No, quite seriously, top posts

 

[melsc]

Melsc: I like your posts, BTW. You do seem ever so keen to join the throng of law students Such dedication to legal studies ...

OshKoshB'Gosh! Your location informs us that you are "chasing ambulances in the Inner West"! I hope this is not true! Ambulance-chasing is unlawful in the good state of New South Wales!

No, quite seriously, top posts

awww thanks...you do realise I am living throught you guys at the moment

well I had to have a location suiting to my jersey

please tell me you know who lionel hutz is

 

[ManlyChief]

awww thanks...you do realise I am living throught you guys at the moment

well I had to have a location suiting to my jersey

please tell me you know who lionel hutz is

Who dosen't know Springfield's most upstanding member of the Bar?

Fav Hutz quotes:

Well, he's kind of had it in for me ever since I accidentally ran over his dog. Actually, replace "accidentally" with "repeatedly," and replace "dog" with "son."

This is the greatest case of false advertising I've seen since I sued the movie The Never Ending Story.

Mr. Simpson, I don't use the word 'hero' lightly, but you are the greatest hero in American history.

Lost of laughs A role model for any aspiring lawyer

 

[melsc]

Who dosen't know Springfield's most upstanding member of the Bar?

Fav Hutz quotes:

Well, he's kind of had it in for me ever since I accidentally ran over his dog. Actually, replace "accidentally" with "repeatedly," and replace "dog" with "son."

This is the greatest case of false advertising I've seen since I sued the movie The Never Ending Story.

Mr. Simpson, I don't use the word 'hero' lightly, but you are the greatest hero in American history.

Lost of laughs A role model for any aspiring lawyer

Use of the word bar - you know how many people I have said that to and they think I wanna work IN a bar

You would be suprised, so many people asked me abt it grrrr...My legal teacher said "Is that a good thing, wanting to be like him" LOL
You forgot some gold ones:
"I've argued infront of every judge in this state...often as a lawyer"

"Good for you son, what america needs is more lawyers, can u imagine a world without them" *shudders*

"Can I have one of those bad court thingies....thats why ur the judge and I'm the law talking guy"

 

[ManlyChief]

"I've argued infront of every judge in this state...often as a lawyer"

"Good for you son, what america needs is more lawyers, can u imagine a world without them" *shudders*

"Can I have one of those bad court thingies....thats why ur the judge and I'm the law talking guy"

Ha ha ha I totally forgot about that last one. Love it
Although I have seen barristers who are almost as incompetent ... indeed, I once worked for one. Kept flirting with female members of the jury in one trial I attended while the other barrister was making his closing remarks. On another occassion he left 2 arch-lever folders of highly sensitive case material and confidential notes in the food court underneath Myer in the city. I kid you not. He is now an SC.

 

[melsc]

Ha ha ha I totally forgot about that last one. Love it
Although I have seen barristers who are almost as incompetent ... indeed, I once worked for one. Kept flirting with female members of the jury in one trial I attended while the other barrister was making his closing remarks. On another occassion he left 2 arch-lever folders of highly sensitive case material and confidential notes in the food court underneath Myer in the city. I kid you not. He is now an SC.

LMAO at the flirter

I was saying in a thread I watched a case where the Crown told the judge "to hold on a second!" - I was sitting there shocked as I had just learnt court ettiquette and was wondering why it wasnt "May I have a moment to confer" or at least a "your honour" on the end of it!

I also saw a DPP chuck a hissy fit bcoz his video evidence worked at his office but not in the court room

 

[ManlyChief]

LMAO at the flirter

I was saying in a thread I watched a case where the Crown told the judge "to hold on a second!" - I was sitting there shocked as I had just learnt court ettiquette and was wondering why it wasnt "May I have a moment to confer" or at least a "your honour" on the end of it!

I also saw a DPP chuck a hissy fit bcoz his video evidence worked at his office but not in the court room

DPP They try ever so hard, poor dears, I can understand the need for the odd hissy fit Thank goodness few members of the public ever actually observe court proceedings - faith in the justice system would be shot to pieces!

 

[melsc]

DPP They try ever so hard, poor dears, I can understand the need for the odd hissy fit Thank goodness few members of the public ever actually observe court proceedings - faith in the justice system would be shot to pieces!

LOL exactly, I went back to my legal teacher and told him, how dare the judges in mock trial criticise on me saying "yes" in said of "yes your honour" when I was ready to tell the judge were to go with him not upholding my b&d objection whne real lawyers do it all the time!

My friend did work experience with a journalist, she went court reporting with him and the barrister objected so much without reason that she told him "just sit DOWN!"

I also saw this lady attempted to represent herself at work experience...she tried to read a speech she had written about justice, the judge got so anoyed and told her that he obviously knew what justice was

 

[ManlyChief]

I also saw this lady attempted to represent herself at work experience...she tried to read a speech she had written about justice, the judge got so anoyed and told her that he obviously knew what justice was

In first year law at USyd you get a "court observation" assignment upon enrolment and part of it is to look at the plight of unrepresented litigants. I remember the most heartrenching things I have ever seen were:

(1) a man trying to represent himself in a custody dispute in the Family Court, while his ex-wife was represented by a barrister. The man got so emotional, he didn't know when he was allowed to talk, what to say, what he could ask witnesses etc. At one point the emotions just spilled over and he broke down before the judge; and

(2) an Iranian asylum-seeker was seeking leave to appeal to the High Court at a special leave hearing in Sydney. Gummow and Kirby JJ were presiding. As the unrepresented Iranian started to stammer at the begining of his speech about the "justice of Australia" everyone in the courtroom could tell by the looks on Gummow and Kirby's faces that they had already decided not to grant leave. Quite sad, really.

Shove the cross-city tunnel and Iraq: more money for legal aid!