Hart V Rankin Essay

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1. What does the citation - Hart v Rankin [1979] WAR 144 - mean? • Who are the parties to the proceeding? Answer this in two ways. What were their surnames? Describe them in a meaningful way in relation to the legal proceedings both at first instance and on appeal. Hart - and Rankin - • What year was the case reported? 1979 • What does WAR stand for? Western Australian Report Where did you find this information? • What does the 144 mean? 2. What court was the case heard in: • At first instance? • On appeal? Supreme Court of Western Australia 3. What sort of proceeding is this – civil or criminal? Seeking punishment, Mentioned in the catchwords. 4. What was the date of the hearing that has been reported? 15 September 1977 5. What was the date of the judgment that has been reported? 30 September 1977 6. Who was the judge that decided the case reported at [1979] WAR 144 and how senior in the court is he? Burt CJ 7. Identify the catchwords as they appear in the report, by stating the opening and closing words Criminal law and procedure, driving offence, motor vehicle – driver – Whether person in charge of motor car under tow driving a motor vehicle – Road Traffic Act 1974-1978 ss 49 (1), 5(1) 8. Identify the headnote that appears in the report by stating the opening and closing words 9. Who were the barristers who appeared in court and the solicitors who acted for each of the two parties? Hart – J G Picton-Warlow / Aboriginal Legal Service Rankin – GF Scott / State Crown Solicitor 10. Do any of the following appear in this report? • Case Lists • History of Litigation - None • Argument of Counsel - None Before you answer this question compare the form of the report in this case to the form of the reports in: • Harris v Grigg [1988] Qd R 514 • Donoghue v Stevenson [1932] AC 562 11. What does Cur adv vult mean?

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