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Criminal Justice (LAWS1300)
Macquarie University
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Lawyer’s Skills
Representing a Client in Court
Activities for submission
TABLE OF CONTENTS
Proofmaking Model...............................................................................................................................
Case study.............................................................................................................................................
Outline of Submissions........................................................................................................................
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NOTE:
This Activity document is your workbook for the workshop and demonstrates your participation within the workshop. You are to complete the activities as directed by your lecturer throughout the workshop.
This Activity document is to be submitted via the submission page for this workshop. The link to the submission page is located on the Home page to Lawyer Skills course.
Proofmaking Model
Level 1 (Source of law): consumer law
Level 2 (Cause of Action / Charge):
Don’t understand this task with regards to the scenario
Level 3: Element Level 4: Facts Level 5: Evidence
Element 1 Mr Flashman refuses to pay for seafood as it was off?
Element 2
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Level 3: Element Level 4: Facts Level 5: Evidence
Element 6
Element 7
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Case study
Preparation for Examination-in-chief and Cross-examination
Prosecution : What is the theory of the case?
A man names James Blake was robbed around 11pm whilst he was going for a jog. The victim was attacked from behind and threatened with a knife by the attacked (Mr Hughes). The accused stole $25. The victim was able to identify the attacker as he saw his face and remembered what he was wearing. The accused denied the attack and said he was getting ice cream for his wife and its just happened to be wrong time wrong place.
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Examination-in-chief of (prosecution witness) __James Blake ____________
- Can you please state your full name
- What is your address
- What events took place on the evening of 2 March?
- What time did the incident happen?
- Where were you running? Along what streets?
- Can you describe the lane way? did you see anyone else in the lane way?
- Did the attack occur suddenly?
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Cross-examination of (defence witness) _______james Blake ______________
- If you can’t identify the witness who helped you how can you be sure it was Mr Hughes who attacked you
- Where were you when this incident took place?
- What were you doing there?
- Was it dark?
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Examination-in-chief of (defence witness) __Mr jack Hughes
- Full names and age
- Address and occupation
- What was your day like
- What happened at 11pm
- Where did you get this ice cream
- Where was this store located?
- What happened when you arrived to con grocery?
- What did you do next?
- Where did you intend to go
- Where is this store located?
- What was your interaction with the police officer?
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Cross-examination of (prosecution witness) ___Mr Hughes
- How much money did you have on you
- What notes was it in? $10, $20 $5?
- Why did you carry a knife
- What is the knife used for
- Why did you carry that amount of cash
- Isn’t it coincidental that you had the exact amount and same note sthat were stolen?
- You admitted to lying in you police statement, are you lying in court?
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6. Under [relevant rules], for the court to exercise its powers, the court must be
satisfied that:
a. The accused served off seafood to Mr Flashman
b.
7.
Reasonable basis for defending the Claim
8.
The Cross Claim or Claim documents did not come to the attention of the Party or
some other reasonable excuse:
9. The documents were believed to be provided to the solicitor by the assistant.
Reasonable basis for delay in making the application
10. Mr Flashman was not aware it hadn’t been given to his solicitor.
Dated: 14 January 2021
...........................................
Solicitor for the Applicant
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Course: Criminal Justice (LAWS1300)
University: Macquarie University
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