You have to make 3 different documents. I have providedlots of documents for you to look at to help understand the assignment.
A. Essay – Fraud and in personam exception
Consider the following quote:
A fine line exists between the in personam and the fraud exception
(Webb & Stephenson, 2020, p 297)
You are to write a 800-word essay analysing the elements of the fraud and in personam exception. Refer to at least four relevant cases (precedents) in your analysis. Your essay is to be structured with an introduction, body and conclusion.
When doing the essay, please do not use the cases mentioned in the assignment notes document. You are more than welcome to mention their significance but rather use cases similar to them or cases that mentioned them a lot ( I prefer this option). Please use 5 cases and maybe 2 academic articles.
B. Case note – Zekry v Zekry
You are to write an 800-word case note for Zekry v Zekry [2020] VSCA 336Links to an external site.. [1]
Your case note should include the following:
an introduction
a brief summary
the questions addressed by the courts
the legal principles enunciated in the cases (including ratio decidendi)
the courts’ decisions (including any separate judgments or dissenting opinions).
Further guidance on structuring your case note
The introduction:
As with legal academic essays, the introduction of your case note should be short and functional. The introduction orientates the reader to the issues raised by the case, the court’s reasoning and the author’s opinion of the decision.
The summary:
The summary should be succinct and should not attempt to set out every separate opinion of dissent in extensive detail. The separate opinions and dissents should only be considered (if relevant or of particular interest) in the analytical section. You must save the majority of words for your analysis.
The analysis:
The analysis should form the largest part of your case note and will be where the most marks are allocated. Here, you are evaluating the court’s reasoning. As part of that evaluation, consider whether significant factors, principles or approaches were overlooked or undervalued, whether some sources of international law or rules were given due consideration or distinguished appropriately, and whether the court’s conclusions were justified by its reasoning. You may also wish to identify significant implications of the case that go beyond the specific effects of the judgement. For instance, did the court adopt a particular approach to interpreting the law? Was this in keeping with previous cases? Is this significant? Such an evaluation goes beyond the narrow scope of the litigation whilst bearing in mind that court decisions are, as you know, binding on lower courts.
The conclusion:
The conclusion should be brief and succinct, summarising your opinion and reasoning about the case. You should refrain from introducing any new material at this point in the paper.
C. Court of Appeal decision analysis – Zekry v Zekry
You are to write a 600-word analysis, discussing whether you agree with the Court of Appeal decision in Zekry v Zekry [2020] VSCA 336. Ensure you have clearly stated your reasoning.
Structure and format
The assignment must be typewritten and comply with the following:
Double-spaced in Times New Roman, font size 12.
You may use default left and right margins on Microsoft Word.
To avoid plagiarism, you are required to provide a reference in accordance with AGLC4 guidelines whenever you include information from other sources in your work.
Total word count is 2200 words, including footnotes but excluding the reference list.
