Facts

Even if you are not required to submit a list of facts in your answer, it is a good idea to write one. This will help
you sort through the facts you have been given and determine which facts are relevant and how you are going to
use them. The following is a list of questions that may help you do this

Who is involved? (identify parties specifically by name, if possible)

Who suffered?

How?

Why? (was is avoidable?)

What is the known (relevant) information?

Is there any missing information?

Include specific details like dates and monetary figures

Note: Reread the question at the end of the case study. This will tell you what you are supposed to be doing and
it will help you determine which facts are relevant.

Issues

Identify the problem: what has gone wrong and for whom?

Name each Plaintiff and Defendant and briefly describe their individual issues

Work out what area of law may govern the resolution of the problem.

This could include, but is not limited to the following bodies of law

Contract law (be specific about which part)

Trade practices (e.g. misleading conduct)

A company law issue (e.g. breach of directors duty)

Negligence Criminal Law

Constitutional Law

Partnership Law
Assignments generally relate to one area of law but the assignment will usually raise a number of issues
within that general area.
Identify any conflicting or troublesome facts
Note: Assessment tasks are set around the work that you have done in class or will do in class. You are
not expected to go outside the content of the unit but you are expected to explore it

Rules and relevant Law

Set out the legal principles that will be used to address the problem.

Source legal principles from cases and legislation.

Note: Make sure you are specific when stating the relevant law/rules that apply, and always make sure to support
propositions with case authority.

Application

Explain in detail why the Plaintiffs claims are (or are not) justified, based on the body of law pertaining
to the case.

How will this law be used by each party to argue their case?

Use relevant precedent cases or Legal Principles to support each answer.

You may also choose to use Legislation, when applicable.

There are often several Plaintiffs involved. Take the time to examine each case individually and analyse
why their claims are (or are not) valid.

Legal Principals and precedent cases are used in each analysis, even if there is overlap among
Plaintiffs (the same precedent can be applied to both parties, if appropriate. See example 2).

It is acceptable to refer the reader to another point in the paper, rather than rewriting it word for word, if
the situation calls for the same legal recommendation. (See example 1 and 2)
Note: Take time to discuss the contentious aspects of the case rather than the ones that are most comfortable or
obvious.

Conclusion

Stand back and play the judge.

Choose the argument you think is the strongest and articulate what you believe to be the appropriate
answer.

State who is liable for what and to what extent.

Consider how parties could have acted to better manage their risks in order to avoid this legal problem.