BLAW30002 Final: Hypothetical Structure

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You need to employ a clear structure and, within that structure, address each issue in a logical order by applying the relevant legal rule to the facts of the problem. In short, you need to develop a process for answering legal problems. Application / analysis apply those legal principles or rules to the facts, for one side and then the. Whichever process you use or develop, the key to good answers involves the way in which you intertwine the facts with the legal principles, in an integrated manner. The best answers also operate within the shades of grey presented by the particular issues, and the shades of grey presented by the principles being applied. In a tax context, issues" are questions that determine a person"s tax liability. Some of the questions that need to be answered to determine a person"s legal position are straight forward that is, the answer is either yes" or no".

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