LAW 1501 Lecture Notes - Lecture 4: Shoplifting, Vintage Car
MIRAC=
•Mateial Fats- (Only mention facts that are relevant to the issue)
•Issues- (What are the main issues that the court is trying to decide)
•‘ules atio- (What are the reasoning for the decision)
•Appliatio of ules to fats (Look thought judgement and how judge has applied rules to
facts)
•Conclusion (What was the finding/ decision or outcome).
Sharon’s issue (refer to green or yellow book)`
Issues of law- Will Ss appliatio to e aditted e aepted the Boad of Eaminers?
Legal practioner rules
Fit and proper person
Good character
Academic requirements fulfilled pre-admission
Legal Practise rule
Supreme Court Admission Rules 1999 (SA) Rule 6 (A) states disclose any criminal charges,
convictions or acquittals, instance of academic misconduct.
Apply- Problem one- Shoplifting
- Was 15
- Wast haged
Advice- There is no need to disclose the shoplifting because she was not charged
Problem 2- Academic misconduct
- 1st year student
- Not a recent incident
- Might help her as it was a one of incident
- Doest speak to he haate, eause ot epeated
- Sign of immaturity
Apply/ advice- Must disclose academic conduct, but because of the above might be in her
favour.
Problem 3- Whaling incident
- S must disclose because she was convicted
- $20k fine, assuming it was paid off and/ or being dealt with. Would need more
information
- When did it happen, which summer holidays?
- Passionate about environment
- Teios Austalia defiitio s Japes defiitio
- Scale of danger
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