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Momentum Tutoring Law131 Group Tutorial Week One

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LAW131 <strong>Group</strong> <strong>Tutorial</strong><br />

- <strong>Week</strong> <strong>One</strong><br />

<strong>Momentum</strong> <strong>Tutoring</strong>


Syllabus<br />

● Legal Opinion - 30% (Plussage)<br />

● Exam - 70% or 100%<br />

○ Case Law<br />

○ Statutory Interpretation


Case Law Practice<br />

●<br />

Analysing Material Facts


CASE LAW PRACTICE - SCENARIO #1<br />

A young Mother aged 19 was in an abusive relationship. <strong>One</strong> evening she was scared and went and hid in<br />

her car at night from her partner. She took her baby with her. The baby was three months old. Throughout<br />

the night her partner kept coming outside and kept hitting the car and yelling at her. About 1am he left<br />

her and the baby alone.<br />

Overnight the temperature dropped significantly. The baby ended up dying. After a couple hours of<br />

realising the baby was dead she called the ambulance and explained to them that it had died in the cot<br />

inside the house.<br />

We are trying to figure out who killed the child


SCENARIO #2 - Construction Site<br />

<strong>One</strong> day a father calls up his wife and asks her to bring herself and the kids to his workplace for a picnic<br />

lunch on his break. Once the family enters the work site they walk into an administration building to sign<br />

in. Upon entering this building it is evident that there are many signs around instructing people to put<br />

hard helmets on before entering the site. The wife and her children sign in and negligently were not<br />

offered hard helmets.<br />

Upon entering the site one of the children is hit by a falling brick on top of his head and dies. The mother is<br />

hit by a truck backing out of the site and is severely injured.


SCENARIO #3 - Hospital<br />

A patient requires constant monitoring and suddenly passes away. On the patients notes it is noted that<br />

the patient must be checked on every half an hour. On the patient records it is noted that patient had<br />

been checked on every half an hour. The patient also liked to watch a lot of tv and liked to draw pictures in<br />

their spare time. So the hospital staff were always bringing her lots of videos, pencils and paper. The<br />

patient ended up passing away 22 minutes after their last check up.<br />

Two days prior to their passing the hospital had signed off to lessen the dosage of medication that they<br />

were on.

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