How do you serve an ex parte notice?
How do you serve an ex parte notice?
The court may grant ex parte relief without notice to the opposing party. An ex parte application presented without notice must be accompanied by a declaration that, for reasons specified, the applicant should not be required to inform the opposing party.
What motions can be heard ex parte?
Ex Parte Motions An Ex Parte Motion is when one side gets to meet with the judge without the other side there. This can be to ask for an order. For example, if you cannot file and serve a Motion within the time limits required by law, you can ask the court for an Order Shortening Time For Service of Notice of Motion.
What kind of case is Molefe v Mahaeng?
(2) Molefe v Mahaeng 1999 (1) SA 562 (SCA): This is a civil case.
How do you summarize a court case?
- Title and Citation. The title of the case shows who is opposing whom.
- Facts of the Case. A good student brief will include a summary of the pertinent facts and legal points raised in the case.
- Issues.
- Decisions.
- Reasoning.
- Separate Opinions.
- Analysis.
What type of case is SV Makua?
This is a Criminal Case. South African Criminal Law Reports only deals with criminal lawcases, thus S v Makua was reported in the SACR.
What are the 4 steps in legal reasoning?
I. Legal Reasoning – Generally
- Issue – What specifically is being debated?
- Rule – What legal rule governs this issue?
- Facts – What are the facts relevant to this Rule?
- Analysis – Apply the rule to the facts.
- Conclusion – Having applied the rule to the facts, what’s the outcome?
What is a rule in a case brief?
8. Rule of Law or Legal Principle Applied: This is the rule of law that the court applies to determine the substantive rights of the parties. The rule of law could derive from a statute, case rule, regulation, or may be a synthesis of prior holdings in similar cases (common law).
What is rule in IRAC?
IRAC stands for the “Issue, Rule, Application, Conclusion” structure of legal analysis. An effective essay follows some form of the IRAC structure where it is organized around an “issue”, a “rule”, an “application”, and a “conclusion” for each and every issue and sub-issue identified as a legal problem.
How can we solve legal problems?
Seven steps – How to solve an everyday legal problem
- Introduction.
- Step 1 – What’s your problem?
- Step 2 – Know your rights (and responsibilities)
- Step 3 – Understand your options (and know what you want)
- Step 4 – Know who to speak to.
- Step 5 – Communicate effectively.
- Step 6 – Get organised!
- Step 7 – Know when to get help.
How do you compare two legal cases?
Although there is no uniform formula for a case comparison, effective case comparisons share a basic structure: (1) identify and explain the legal rule; (2) present the facts, holding, and reasoning of a precedential case; (3) explicitly compare the facts of the precedential case with the facts of the current case; and …
What is Application law?
The phrase “application of law” may be used to designate employment of a legal rule to aid in the decision of a specific case.
How do you answer a problem question in law?
6 Top Tips For Answering Problem Questions In Law
- Read the question carefully.
- Find a way to break down the question.
- Show what you know.
- Reason, reason, reason!
- Get the structure and presentation right.
- Reaching a conclusion.
How do you introduce a problem question in law?
Offer a brief introduction identifying the relevant area of law and any major legislation or cases that will be relevant. Identify relevant issues – do not repeat the question or the facts.১৩ মে, ২০২০
How do you raise a problem in law question?
General organisation
- Facts. (a) Start with the facts.
- Let the facts guide you in identification of the relevant legal issues. I.e. what is it that the person(s) in question wishes to know?
- Deal with one issue at a time.
- Discuss the law relevant to the issue.
- Apply the law to the facts.
- Avoid irrelevancy at all costs.
