PART A “ Media report analysis (8 marks)
1. Identify aspects of your chosen media report (BELOW) that relate to the law with reference to the areas of
law listed in Chapter 1 of the FPBL Source Book. Not all of these areas of law will be relevant,
but each article involves at least three areas of law. Students should not just provide a bare
conclusion, but also explain why that particular area of law is relevant.
2. The law has various functions. It:
· Allows people to organise and plan;
· Encourages or discourages particular activities;
· Creates rights and duties that can be enforced; and
· Provides remedies when right are interfered with or duties are not discharged.
Demonstrate how the law functions in these various ways with reference to specific examples
within your chosen media report and the areas of law you identified in Part A, question 1. You
need only provide one example per point. However, you must discuss all four of these functions.
Where possible, each point should use a different area of law as illustration. Be sure to explain
specifically how and why you came to this conclusion.
3. With reference to the legal issues reported on in the chosen media report describe why it is
important to know the law in these circumstances?
PART B “ Case summary (8 marks)
Some of the answers to these questions will be quite straight forward and short. Others will require
more thought and will be longer.
Students should refer to the material that was covered in the seminar for topic two and the prescribed
readings and computer based tutorial. Students can also find further guidance by reviewing how the
case summaries are set out at the back of the First Principles of Law Source Book.
1. In which court was the reported case decided?
2. Will this decision be treated as either binding or persuasive by a Western Australian State
Supreme Court and why?
3. What were the names of the judges who heard the case?
4. What were the full names of the parties? What are those parties called and why?
5. What were the material facts of the reported case?
6. What was the main legal issue to be decided?
7. What was the decision of the Court?
8. Concentrating on the judgement of how would you express the ratio decidendi of the reported
case (the reason)?
9. How many precedents can you identify in the decided case? How important are the decisions
from courts of other jurisdictions?
Chosen Media Report
“Cold Chisel Convoy in Hot Water”
A senior constablehas been charged with reckless driving and two other police officers will get speeding fines after a speed camera allegedly caught them going to fast while taking Cold Chisel band members to their concert at Margaret River
The speed camera is not the only snap of the incident. A picture by Cold Chisel front man Jimmy Barnes published on twitter shows the singer smiling in the front passenger seat of the police car driven by the Dunsborough Sgt Craig Andeerson, who is expected to be fined.
The officers,based in the South West, were asked to drive the legendary Australian Rock Band from Busselton Airport to Sandalford Estate Winery at the weekend because they were running late.
Police usually refuse such escort requests, but they agreed to help Cold Chisel amid concerns that delays at the end of the concert may have caused problems with concertgoers and high school leavers who werre celebrating the end of exams.
The convoy included two marked police cars and a marked motocycle.
The officers activated the emergency lights on the vehicles but it was alledged they did not have the permission to drive under priority conditions, so they were required to stick to the speed limit.
Yesterday, the senior constable riding the motocycle was charged with reckless driving. It is alledged he was doing 129km/h in an 80km/h zone.
It is alledged Sgt Anderson and a constable were driving marked police cars at 110km/h and 116km/h.
The officers are also subject to internal disciplinary action.