 RELEVANT FACTS  Parties  Places and objects ( Where the facts arose and what objects were involved)  Basis of the case (legal issues arising from.

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Presentation transcript:

 RELEVANT FACTS  Parties  Places and objects ( Where the facts arose and what objects were involved)  Basis of the case (legal issues arising from the facts)  Any legal defence to the legal action?  What legal relief is being asked for? (Eg. Money claim, criminal charge – fine or imprisonment)

 What is the legal issue or question of law?  What does the client actually want to know?  STEPS TO FOLLOW: What branch of law is involved? What specific area of law within this branch of law needs to be looked at?  What question of law, or legal issue van be identified?

 Which legal rules is applicable?  Which of the following legal sources can help me solve the problem?  Does the constitution have any provision that should be taken into account?  Are there any relevant legislation on this matter?  Are there any cases reported on this matter?  What are the comman law provisions?  Compile a synthesised rule of law

 Apply the rule of law as stated to the problem.  Consider each one of the facts.  Weigh every detail of the problem up against the law.  Might not be straight forward similarities/ analogy.

 Must be based on the application of the law.  Answer the legal issue question that was asked in the beginning.  Comment when necessary eg law reform, equitable solution was obtained, policy changes needed ect.

 FACTS  ISSUE  RULE OF LAW  CONSTITUTION  LEGISLATION  CASE LAW  COMMON LAW/ CUSTOMARY LAW  APPLICATION  CONCLUSION