LETASA - A Case Citations PP

8/12/2019 LETASA - A Case Citations PP

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Case Citations

LETASA

Geof Bailey



Clarifying the terminologyCASE

A legal dispute before a court for reolution/adjudication.

CITATIONFrom the verb “ …to cite” (meaning to name)The legal name of a case.

CASE CITATIONThe name of a case using the parties’ names and/or titles.

CAUSE LIST A list of cases to be heard by a court on a particular day.

Case citations



Courts of original jurisdiction

Magistrates Court

Criminal citations

Police V West

The citation

Legal titles of the parties

1 Police prosecutor 2 Defendant/accused



Courts of original jurisdictionDistrict Court/Supreme Court

Criminal citations

3 DPP or R V West

The citation


4 R = CrownR = Rex (King)

R = Reginae (Queen)DPP Director of PublicProsecution

6 Defendant/accused



Courts of appellate jurisdictionCourt of Criminal Appeal

Criminal citations

West V DPP

The citation


7 Appellant 8 Respondent



Courts of original jurisdictionMagistrates Court/District Court/Supreme Court

Civil citations

Green V AB C L td

The citation


9 Plaintiff 10 Defendant



Courts of appellate jurisdictionFull Court of Supreme Court/High Court

Civil citations

AB C L td V Green

The citation


11 Appellant 12 Respondent





Full citation

Leeth v Commonwealth (1992) 174 CLR 455; 107 ALR 672 HCA

Leeth v Comm onw eal th - Name of the case

(1992) – Year the judgment was handed down

124 CLR 455 – The Law Report where the case can be accessedVolume 124 of Commonwealth Law Reports at page 455

HCA – The Court which heard the case. As it’s a constitutional case itwould be the Full Bench of the Australia



Pol ice v Blackbeard

General exercise

In which court would this case be heard?

Who initiated the case?

What is the legal title of “Police”?

What is the legal title of Blackbeard?

Where is this case likely to be listed?

What is the citation of this case?

Magistrates Court

Police prosecutor

Prosecution

Defendant/accused

Pol ice v Blackbeard

On the Noticeboard atthe Magistrates Court, not

The Ad ver t i ser



DPP (or R) v Green 2008

General exercise

In which court would this case be heard?

Who initiated the case?

What does “R” mean?

Who is defending the case?

What could be a common name for thiscase?

What does DPP mean?

District Court/Supreme Court

DPP

R = Crown (Reginae)

Green

Director of Public Prosecutions

Green’s case





Gold v B lue 2010 (Full Court of Supreme Court )

General exercise

What type of dispute is it?

What court jurisdiction?

What is Gold’s legal title?

Who initiated the appeal?

As what is Gold v Blue used?

When was the case heard?

Civil dispute

Appellate jurisdiction

appellant

Gold

2010

Precedent/authority

respondentWhat is Blue’s legal title?

Documents

LETASA - A Case Citations PP