Legal Writing: Letters of Advice and Jurisdiction
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Questions and Answers

What did the author use to organize the content of their letter of advice?

  • Headings (correct)
  • Bullet points
  • Paragraphs
  • Footnotes

    • The author was already experienced in writing letters of advice before this assignment.

    False

    What was the author's main strength related to the task?

    Familiarity with costs disclosures and agreements

    The author found it difficult to remain within the __________ limit while writing.

    <p>word</p> Signup and view all the answers

    Match the following strengths and weaknesses of the author:

    <p>Strength: Familiarity with costs = Weakness: Lack of experience writing letters Strength: Detailed knowledge of disclosures = Weakness: Difficulty being concise Strength: Organized approach = Weakness: Information overload</p> Signup and view all the answers

    What issues did the author struggle with while drafting the letter?

    <p>Conciseness and detail management</p> Signup and view all the answers

    The author believes that drafting a letter of advice is a fundamental skill for lawyers.

    <p>True</p> Signup and view all the answers

    Why does the author think drafting a letter of advice will be beneficial in their career?

    <p>It is relevant for every matter a lawyer handles.</p> Signup and view all the answers

    What is one strength mentioned by the individual in drafting Statements of Claim?

    <p>They draft Statements of Claims daily in their job.</p> Signup and view all the answers

    The individual felt confident in drafting pleadings and particulars from the start.

    <p>False</p> Signup and view all the answers

    What online tool does the individual use for calculating interest when drafting Statements of Claim?

    <p>Interest rate calculator</p> Signup and view all the answers

    The District Court has jurisdiction to hear matters for up to $______ million.

    <p>1.25</p> Signup and view all the answers

    Match the following court jurisdictions with their monetary limits:

    <p>District Court = $1,250,000 Local Court - General Division = $20,000 - $100,000 Local Court - Small Claims Division = Less than $20,000</p> Signup and view all the answers

    What must be determined before commencing legal matters according to the text?

    <p>Prospects of success</p> Signup and view all the answers

    Proceedings for amounts of less than $100,000 should be directed to the Local Court.

    <p>True</p> Signup and view all the answers

    What is a key opportunity for the individual concerning their legal drafting skills?

    <p>Gaining experience in different areas of law</p> Signup and view all the answers

    Which of the following types of privilege can be claimed in court?

    <p>Journalist privilege</p> Signup and view all the answers

    What is an interlocutory application?

    <p>An application in a proceeding already started</p> Signup and view all the answers

    Evidence of settlement negotiations is excluded from court proceedings.

    <p>True</p> Signup and view all the answers

    An interlocutory application must be served on other parties at least 5 days before the hearing.

    <p>False</p> Signup and view all the answers

    What document must accompany an originating application in Federal Court if the applicant seeks relief including damages?

    <p>A statement of claim prepared in accordance with Form 17</p> Signup and view all the answers

    What must an interlocutory application specify?

    <p>Each interlocutory or interim order sought</p> Signup and view all the answers

    In Federal Court proceedings, the party claiming relief is called the ______.

    <p>applicant</p> Signup and view all the answers

    In which situations must proceedings be brought against a person's registered name?

    <p>If the business name is registered and the register provides the person's name and address</p> Signup and view all the answers

    A party is considered to be in default when they fail to comply with a court order or _____.

    <p>attend a hearing</p> Signup and view all the answers

    What was the purchase price of the aircraft in Kane's Hire Pty Ltd v Anderson Aviation Australia?

    <p>$253,660.00</p> Signup and view all the answers

    Match the following privileges with their descriptions:

    <p>Client legal privilege = Confidential communication between a client and lawyer Journalist privilege = Protection of sources and unpublished materials Professional confidential relationship privilege = Confidentiality in communication between professionals Religious confessions privilege = Confidentiality of confessions to religious leaders</p> Signup and view all the answers

    The Court supported the practice of using 'words to the effect of' to protect witnesses during cross-examination.

    <p>False</p> Signup and view all the answers

    Affidavit or statement of claim must be filed and served with the originating application.

    <p>True</p> Signup and view all the answers

    In the case of Wild v Meduri, what was the primary issue concerning the will?

    <p>The validity of a deceased’s will</p> Signup and view all the answers

    What section of the Evidence Act deals with objections to the adducing of evidence based on privilege?

    <p>Part 3.10</p> Signup and view all the answers

    Match the case with its key issue:

    <p>Kanes Hire Pty Ltd v Anderson Aviation Australia = Breach of contract and misleading conduct Wild v Meduri = Validity of a deceased's will</p> Signup and view all the answers

    What does the court require to determine if personal service is practicable?

    <p>There must be evidence of a real possibility of personal service resulting in frustration of proceedings.</p> Signup and view all the answers

    Impracticability in service means that it is impossible to serve documents to the respondent.

    <p>False</p> Signup and view all the answers

    What was the main issue in British American Tobacco Australasia Ltd v Taleb (No 1)?

    <p>Infringement of the applicant's WINFIELD trade marks by the respondents.</p> Signup and view all the answers

    The court held that evidence of actions, steps, and circumstances supporting an inference will satisfy the requirements at the ______ level.

    <p>balance of probabilities</p> Signup and view all the answers

    Match the following cases with their relevant principles or outcomes:

    <p>British American Tobacco Australasia Ltd v Taleb (No 1) = Infringement of trade marks Atkinson v Crowley = Substituted service claims Substituted service criteria = Evidence of real possibility Impractical service = Not sensible or realistic</p> Signup and view all the answers

    Substituted service was successfully completed according to the Rules in the Atkinson case.

    <p>False</p> Signup and view all the answers

    Which of the following statements about substituted service is true?

    <p>Service may be considered impracticable if it is not realistic.</p> Signup and view all the answers

    What does substituted service allow for when traditional service methods are unsuccessful?

    <p>It allows for alternative means of serving documents to a party.</p> Signup and view all the answers

    What must the affidavit in support of the motion identify?

    <p>Persons in occupation of the land</p> Signup and view all the answers

    An affidavit does not need to provide details about costs claimed.

    <p>False</p> Signup and view all the answers

    What is one situation in which a writ of possession may be useful?

    <p>When the judgment debtor has land that is not being used.</p> Signup and view all the answers

    If a person was in occupation under a residential tenancy agreement, the affidavit must contain a statement to that effect and indicate their __________.

    <p>occupation status</p> Signup and view all the answers

    Match the following requirements of the affidavit with their descriptions:

    <p>Identify occupiers = Includes persons with rights of occupation State source of knowledge = Explains how the deponent knows the information Details of costs claimed = Indicates if costs are claimed and their amount if fixed Details of default in payment = Gives particulars regarding money owed</p> Signup and view all the answers

    According to Rule 39.3(2) of the UCPR, if the claim for possession arises from an amendment, what should the affidavit state?

    <p>The amendment date</p> Signup and view all the answers

    The affidavit must confirm that persons in occupation will not be disturbed unless certain conditions are met.

    <p>True</p> Signup and view all the answers

    What must the affidavit reveal about the person’s occupation status?

    <p>Whether they are still in occupation, no longer in occupation, or have been served with a notice.</p> Signup and view all the answers

    Study Notes

    Task 1.1 - Assessing the Merits of a Case – Proofmaking Model

    • The assignment involved reviewing practice papers to understand contract formation and identify key facts/evidence.
    • Strengths: Prior legal knowledge (contract law) was helpful in quickly identifying key elements. Summarizing responses made them concise and avoided overcomplication.
    • Weaknesses: Minor errors like not using the correct defendant name were noted.
    • Opportunities for Development: Creating and using the proofmaking table is a valuable skill that should continue to be used in future legal work. Understanding breaches of contract is important, especially in practice.
    • Relevance to Career: The task was relevant as the student deals with contract breaches, particularly in rental agreements and recovery of costs situations. Strengthened the student's understanding of contract disputes and prepared them for advanced scenarios.

    Task 1.2 - Drafting an Initial Letter of Advice

    • The assignment involved drafting an initial letter of advice.
    • The student used headings to organize the contents, along with relevant practice papers, to find necessary information for the letter. Worked in small sections.
    • Strengths: Prior experience with costs disclosures and agreements was useful, as this was a common client concern. The student understood the importance of keeping the letter concise.
    • Weaknesses: The student had limited experience with drafting advice letters, going in "blind". Difficulty summarizing information in a concise manner; too much detail in some areas.
    • Opportunities for Development: Drafting advice letters is a critical skill that the student will need to refine and will occur regularly in future work.
    • Relevance to Career: Drafting advice letters is a fundamental skill for lawyers. The experience will benefit similar responsibilities in future work.

    Task 1.3 – Drafting Pleadings - Statement of Claim

    • The assignment involved drafting a statement of claim.
    • The student used practice papers, specifically Appendix 2, for reference and help with understanding the best way to word particulars.
    • Strengths: The student has prior experience in drafting statements of claim, familiar with its content. Using an online interest calculator was helpful.
    • Weaknesses: Limited experience in drafting pleadings and particulars made this task initially difficult for the student.
    • Opportunities for Development: The student will need to gain more experience in drafting different kinds of legal pleadings. The need for accurate and precise wording within complex legal situations will be needed.
    • Relevance to Career: Drafting pleadings is a crucial skill for lawyers as it forms the foundation of legal proceedings.

    Notes Task 1

    • Reasonable Prospects of Success: A test for determining whether a matter has merit. If not, disciplinary action could be taken against lawyer.
    • Monetary Limits to Jurisdiction: District courts have a higher limit than Local Courts for monetary amounts. Local Court has smaller claims division.
    • Disclosure of Costs: Clients should receive a written disclosure from the law practice as soon as possible after instructions are given. This disclosure should be in relation to things like the method of calculating the costs, a proposed estimate of all costs, the client's right to negotiate costs or billing method, a right to receive a bill or request an itemized bill if needed, and the right to seek help from a regulator if dispute about costs arises.

    Task 2 - Drafting Court Documents

    • Drafting Court Documents: Creating court documents like affidavits, notices, and memoranda. Failing to do things correctly wastes time, costs money, and may lead to a court ordering costs against the lawyer.
    • Substantive and Machinery Provisions: Substantive provisions deal with core issues (e.g., specific contract terms), while machinery provisions are procedural.
    • Consent Orders: Written agreements between parties, finalized by a court, about the resolution of a legal dispute.
    • Evidence: Must be admissible evidence. Important exclusionary rules (hearsay, opinion, tendency, credibility, and character) need to be considered.
    • Client Legal Privilege: Protecting confidentiality in communications between a client and lawyer or between lawyers regarding the same client is important.
    • Originating Process: All required details including name of court, division, nature of process are needed. If there is a lawyer involved their details must be provided.

    Task 3 - Enforcing a Judgment

    • Enforcement of Judgments: Garnishment orders are appropriate when a third party owes money to the judgment debtor. This compels the third party to pay the debt directly to the judgment creditor rather than to the judgment debtor. Debts that are attachable in the order of garnishment are also addressed.
    • Writs of Execution and Delivery of Goods: A writ allows a sheriff to sell property to satisfy a judgment. It is necessary to consider if the judgment debtor has relevant property to seize. There are different types of writs of execution such as a levy of property, possession of land, or delivery of goods. The affidavit detailing the enforcement must be sworn.
    • Obtaining Judgment by Default: If the defendant doesn't respond within a set time the court can grant judgment in the absence of defence. Documentation like a notice of motion, supporting affidavit, and an affidavit of service are required.

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    Description

    Test your understanding of the essential skills needed for drafting letters of advice in the legal field. This quiz covers the author's strengths, challenges, and insights on the importance of such skills in a lawyer's career. Additionally, explore court jurisdictions and relevant online tools used in legal drafting.

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