Law Case Study
Already has been done this assessment, But that assessment failed I send on bottom of this instruction an assessment Fail where you see the mistakes, please do not make the same mistake. Thank you
Also Assessment Instruction Please do not use any Resources from Overseas use from the state Queensland, Australia
You are employed as a law clerk by the Mt. Gravatt Law Centre in Queensland. You have recently been transferred to the Criminal Law Department. This department has a large legal aid criminal case load. Your supervising solicitor asks that before you commence working on these legal aid files that you familiarise yourself with the Legal Aid Queensland Case Management Guidelines located @: https://www.legalaid.qld.gov.au/about/policies-and-procedures/case-management-standards/pages/case-management-standards-criminal-law.aspx
The solicitor asks you to review the file of an existing client, Peter Jones. Mr. Jones has been charged with an offence of assault occasioning bodily harm after becoming involved in a fight outside a nightclub with Victor Black. The next hearing date is a committal hearing in the Magistrates Court at George St, Brisbane CBD. Peter Jones has instructed that Victor Black started the fight by verbally abusing Peter and then hitting him, and that Peter retaliated in self defence to protect himself. Peter instructs that he punched Victor in the head, and this punch broke Victor’s jaw.
Mr. Jones has received a grant of aid in this matter from Legal Aid Queensland.
You note that the following documents are on the file of Peter Jones:
• Charge Sheet detailing the charge against Peter Jones;
• Bail sheet detailing the terms that bail has been granted to Peter Jones;
• Transcript of interview between Peter Jones and Detective Stan Smith of Qld Police conducted 20th March 2013;
• Statement of Peter Jones sworn 20th March 2013;
• Statement of Victor Black sworn 19th March 2013;
• Records from Royal Brisbane Hospital dated 18th March 2013 regarding attendance of Victor Black;
• Statement of Charles Highpower, owner of Highpower Nites Nightclub, sworn 19th March 2013;
• Photographs of Victor Black taken 18th March 2013;
• Statement of witness Felicity Goodwill dated 19th March 2013;
• Letter from Mt Gravatt Law Centre to Qld Police requesting documents dated 24th March 2013;
Assessment instructions:
Using the information above you are required to commence the preparation of a draft instruction sheet and index to the brief to counsel to appear on the client’s behalf in a matter.
To assist in completing this assessment you are required to refer to the:
• Legal Aid Queensland Case Management Guidelines Legal Aid Queensland Case Management Guidelines located @: https://www.legalaid.qld.gov.au/about/policies-and-procedures/case-management-standards/pages/case-management-standards-criminal-law.aspx
• Resources for Element 3
• The relevant Mt Gravatt Law Centre Precedents
Assessment checklist:
Please ensure you provide the following document/s for this assessment.
• Instruction sheet
• Index to brief
This is the assessment has been done before from you and fail
Comments : This is a criminal law unit. The Plaintiff is a term from Civil Procedure.
Please resubmit this with an instruction to Counsel and an index to brief. This needs to be about the problem you are being asked to deal with regarding the scenario.
You are briefing a barrister in the instruction sheet, and providing him with the details in the index to brief.
.The instruction sheet is a letter of instruction to the barrister outlining you wants them to act for Mr Jones
Part A: Instruction Sheet; All the comment you see next to the mistakes
INSTRUCTION SHEET CRIMINAL CASE: Don’t know what this means a Plaintiff is a civil proceeding not criminal proceeding
3. Should your name have changed, please list it
Filing instructions:
1. No case will be accepted for filling unless all forms are completed signed and stapled
2. There should be verification for any petition
3. When all documents are Court Procedure
Ready for filing, they should be supplied to the prosecutor’s
Comment: this needs to be completed again this completely incorrect and is not an index to brief. Please look at the scenario and read the task you are being asked to do.
1. The Court will not proceed until the solicitor sends a response
2. The case takes approximately eight to twelve weeks
3. If you have any questions regarding the same please call Civil Unit at (3330 0430-2345
ii Index to Brief
IN THE MARGISTRATE’S COURT OF QUEENSLAND STATE
STATE OF QUEENSLAND,
Peter Jones-Plaintiff,
V
Victor Black-Apellant
PLAINTIFF’S OPENING BRIEF
David Lawyer #01110
davidjay@myfrm.com
[P.O. Box 3342, Brisbane]
Telephone: 1-314-665778
Attorney to Defendant
Warren Warrior #000001
warrenwarrior@state.au
State solicitor
Department of Justice
[2345, Brisbane]
Telephone: (321)0333-3222
BRIEF AND REQUIRED SHORT APPENDIX OF PETER JONES-PLAINTIFF,
INDEX
STATEMENT OF THE CASE
1.
Nature of the Proceeding………………………………………………………..1
2.
Indictment…………………………………………………………………………………..1
3.
Nature of the Judgment…………………………………………………………………1
4.
Jurisdiction………………………………………………………………………………….1
5
.
Notice of Appeal………………………………………………………………………….2
6.
Question
Presented……………………………………………………………………….2
7
Summary of Argument………………………………………………………………….2
8.
Statement of Facts………………………………………………………………………..3
6
CONCLUSION…………………………………………………………………………………………