Exercise 025 | Law

Exercise 025

Possession of Land: Fyffe v State of Victoria [1999] VSCA 196 (18 November 1999)

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Easy questions

  1. What does the title tell you about the nature of the proceedings?
  2. What was/were the name/s of the judge/s?
  3. What was the date of the proceedings?
  4. What is the authority of the catchwords?
  5. What is contained in the headnote? Who prepares this? Is it a reliable summary of the facts and findings in the case?
  6. What were the names and arguments of counsel?
  7. What court decided this case?
  8. What is the meaning of the term Cur. adv. vult.?
  9. Was this a single judgment representing the view of one judge; a single view representing the unanimous view of all the judges hearing the matter; or more than one judgment where several judges disagree?
  10. What were the names of the solicitors for the parties?
  11. What was the name of the reporter (ie. the barrister who edited the report and wrote the headnote)?

More difficult questions

  1. What is the authority of a dissenting view by one or more judges?
  2. What is the order (the result) of the case? What form does it take in this case?

Complex questions

  1. Do you think there is a ratio decidendi in this case?