Tertiary and Continuing The Law Thread

[QS]

Can anyone here help with how to present a bail application? Not chasing content or arguments, that is up to me to devise, just some tips on how to structure it.
Have to record my submission.. acting as defence, so obviously trying to obtain bail for my mythical client.

 

[ssfc0203]

Can anyone here help with how to present a bail application? Not chasing content or arguments, that is up to me to devise, just some tips on how to structure it.
Have to record my submission.. acting as defence, so obviously trying to obtain bail for my mythical client.

Hiya. Not sure which state you're in but I could respond from a NSW perspective. I'm quite sure the considerations would be the same regardless of the difference in sections etc of the Bail Act (I'm considering the 1978 Act).

We had to perform a bail app in our first year and generally it was structured as follows:

1. List the charges, very briefly summarise how they relate to the alleged scenario
2. Presumption in favour of/against bail/any exceptions that rebut a presumption in favour of bail

3. s 32 criteria - likelihood to respond to bail (community ties, work history etc) and the risk their liberty poses to the community. If your jurisdiction's act is anything like the Bail Act, you'll have a huge list of criteria to consider. Consider and respond to all criteria, but only include the strongest criteria in your presentation. You prepare the others as as response to any questions from the judge.

4. Any conditions that you feel are necessary. Remember that this isn't really about winning or losing as much as it is about an amicable solution. Be reasonable, ie, you're not going to be looked on favourably for requesting bail with no conditions attached for a person accused of a domestic violence offense violent in nature with an element of drug abuse.

5. Know the problem scenario like the back of your hand and be prepared to be asked difficult questions. Preparation is the key to getting a great mark.

6. Remember to always say "we" not "I". Always "submit" or "assert" or "request" rather than "believe" or "demand" or "implore". Remember your bows and nods and general court procedure.

 

[QS]

Hiya. Not sure which state you're in but I could respond from a NSW perspective. I'm quite sure the considerations would be the same regardless of the difference in sections etc of the Bail Act (I'm considering the 1978 Act).

We had to perform a bail app in our first year and generally it was structured as follows:

1. List the charges, very briefly summarise how they relate to the alleged scenario
2. Presumption in favour of/against bail/any exceptions that rebut a presumption in favour of bail

3. s 32 criteria - likelihood to respond to bail (community ties, work history etc) and the risk their liberty poses to the community. If your jurisdiction's act is anything like the Bail Act, you'll have a huge list of criteria to consider. Consider and respond to all criteria, but only include the strongest criteria in your presentation. You prepare the others as as response to any questions from the judge.

4. Any conditions that you feel are necessary. Remember that this isn't really about winning or losing as much as it is about an amicable solution. Be reasonable, ie, you're not going to be looked on favourably for requesting bail with no conditions attached for a person accused of a domestic violence offense violent in nature with an element of drug abuse.

5. Know the problem scenario like the back of your hand and be prepared to be asked difficult questions. Preparation is the key to getting a great mark.

6. Remember to always say "we" not "I". Always "submit" or "assert" or "request" rather than "believe" or "demand" or "implore". Remember your bows and nods and general court procedure.

Thanks mate. WA. Very helpful thanks. In the scenario my bloke is screwed, but it's all about how it is presented. Fortunately I go first, prosecution second. Criteria isn't so bad actually basically just plots out
(a) whether, if the accused is not kept in custody, he may —
(i) fail to appear in court in accordance with his bail undertaking; or
(ii) commit an offence; or
(iii) endanger the safety, welfare, or property of any person; or
(iv) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person;
Unfortunately the offences are a blend of misuse of drugs and firearms, with the amount of cash and the drugs meaning the serious offence in the firearms act is triggered Should be enjoyable.. thanks for your help

 

[Impunity!]

Bust his ass out of prison

Shouldn't be hard here in WA

 

[QS]

Bust his ass out of prison

Shouldn't be hard here in WA

My job was to keep him out ... For now ;-)

 

[Colin D'Cops]

One down, another due Friday

 

[QS]

One down, another due Friday

Assignments?
I have done 2 written, one oral thus far, 1 in culling mode (need to drop 450 words.. ffs..) and contract law major paper to write.
I will be glad to finish contract law this year, I am over it and its technical nature. I did well in sem 1, but this sem is a little tougher..

 

[Colin D'Cops]

Yeah... all done (for now).

Finishing contract law myself this sem, don't mind it actually. Most of the course is pretty straight-forward but time consuming, pain in the butt!

 

[BILC]

Wasn't sure where to post this but just got a quick question for anyone that knows anything about law.

A man's gone and wrapped his brand new driver around one of the poles supporting the roof of a driving range, does he have a duty of care case for damages done to the club?

 

[checkraiseulite]

If i understand the question correctly, realistically it doesn't matter whether he does or not.

The cost of pursuing any action he theoretically has will almost certainly be > than any remedy he'd be entitled to assuming all he's done is damage his club.

 

[Impunity!]

Wasn't sure where to post this but just got a quick question for anyone that knows anything about law.

A man's gone and wrapped his brand new driver around one of the poles supporting the roof of a driving range, does he have a duty of care case for damages done to the club?

Isn't the question whether he is liable for the damage he has done to the range?

 

[checkraiseulite]

Isn't the question whether he is liable for the damage he has done to the range?

the answer's probably the same unless some serious damage has been done.

 

[the harry]

Wasn't sure where to post this but just got a quick question for anyone that knows anything about law.

A man's gone and wrapped his brand new driver around one of the poles supporting the roof of a driving range, does he have a duty of care case for damages done to the club?

He hit one of the poles at a driving range with his club? Of course he's liable for the damage. Send the prick a bill on a nice letter head from a lawyer.

 

[checkraiseulite]

He hit one of the poles at a driving range with his club? Of course he's liable for the damage. Send the prick a bill on a nice letter head from a lawyer.

that letter will likely run you $500+ so it'd want to have caused a fair bit of damage, and you'd want to be sure he's going to pay.

 

[the harry]

that letter will likely run you $500+ so it'd want to have caused a fair bit of damage, and you'd want to be sure he's going to pay.

Oh yeah, but I'm for more business for lawyers. This way everyone could win, by which I mean the lawyer will win.

 

[QS]

Yeah... all done (for now).

Finishing contract law myself this sem, don't mind it actually. Most of the course is pretty straight-forward but time consuming, pain in the butt!

what topics you covering this sem? most of ours revolves around unconscionability, deceptive conduct, undue influence etc.

 

[Colin D'Cops]

Agency, personal property, intellectual, securities and bailment - from top of my head.

 

[QS]

Anyone else find their style of writing has changed since studying law? Whilst not verbose, I find I drill too deeply into things, especially at work when it is not really required.

 

[Impunity!]

Anyone else find their style of writing has changed since studying law? Whilst not verbose, I find I drill too deeply into things, especially at work when it is not really required.

Keep it simple mate.

 

[QS]

Keep it simple mate.

I think that's a very good idea.

 

[Colin D'Cops]

Yeah it has advanced my analytical skills, no question.

Even in footy I like to drill deeper into list management and understand (and explain) the "inner sanctum", and why clubs make certain decisions.

 

[checkraiseulite]

My writing style has changed completely since beginning to practice law.

As a student my sentences were far too long and I used way too many commas. Much better for sentences to be short and concise, with one clear statement/idea.

Think hemingway, not f scott.

 

[QS]

Yeah it has advanced my analytical skills, no question.

This. I was never one to actually delve into an issue and address it; I would always skirt around the edges but get by because my writing style propped me up.
Now I am forced to hone straight in on what I am asked to address and then tackle that rather than the subsidiary stuff around it. Has helped immensely in my job as I think deeper about things more than others so you are always armed with good underlying knowledge of what you are about to say/propose/argue.

 

[davo99]

what topics you covering this sem? most of ours revolves around unconscionability, deceptive conduct, undue influence etc.

I'm doing contract law this sem. For our exam, it will be on deceptive conduct and undue influence, how you going in your unit? need much to pass?

 

[QS]

I'm doing contract law this sem. For our exam, it will be on deceptive conduct and undue influence, how you going in your unit? need much to pass?

Ah, good ol s 18, the provision the wannabe lawyers spout out on whirlpool every time someone is wronged. Undue influence is a good one, I quite enjoy that; Bester; Allcard etc..

Going okay, sitting on 82%, exam is out of 70, so I'd like to score 80% in it to stay above the HD line. How are you going? I do enjoy it so I will be taking it a step further and doing remedies as an elective next semester.