University:
California State University, Northridge
Course:
CJS 320 | Introduction to Criminal Law and Legal Analysis
Academic year:

2023
Views:

12

Pages:

2
Author:

Mahmoud M.

Intro to Law notes Important steps in identifying a case: 1. Remember the case name and information 2. To make it easier to understand where you fit in the hierarchy, it is important to clarify the history of case and note that the appeal is. . Or the first hearing 3. To investigate important facts related to legal issues 4. Problems and consequences arising from disclosure of important facts 5. See the reason for deciding on 6. Distinguish ratios The right to use ratio product is expressed as general rules. This can be used later. Practical precedents: - Look at the decision and act quietly = leave the decision unchanged and don't bother to solve the problem - Two judges can use the same ratio, compare different results Blomley - Ryan (1956) Story 1 The goods were sold at a low price by Ryan (old and often drunk). Blomley knew he didn't want to do business, but he did. Attorney conducts the business on behalf of both parties and does not know the specific situation and real value of property. 2 one. Question Can one of the parties being drunk hinder justice? 3. Conclusion The objection is rejected and the contract is terminated. 4. Odds Circumstances include drunkenness for one party to the detriment of the other, when the powerful use the unjust or unjust for good, and where justice will affect the termination of the contract . Commercial bank of Australia Ltd - Amadio (1983) Story 1 Amadios gave a guarantee and loan to the bank to secure the debts of his sons company. They are not Australian and do not have English and business skills. Their son was in debt and told his family that the guaranteed amount for 6 months was $ to $50000 (but didn't say how it worked). Neither the son nor the bank manager was disclosed to the parents when they were asked to sign form. After his son's company went into overdraft, company went into liquidation and the bank asked (the parents) for a security deposit. Issue 2 Is it unreasonable for the bank to ask Amadio as collateral? 3. Result Repeat