Apply: Apply the rules to the problem
Application involves applying the rules to the facts of the problem or question. It is an important part of your answer and the longest part. Application is essential to demonstrate your understanding of how the legal rules apply to the fact scenario.
This is where you state your evidence (relevant facts and law) and explain how you will arrive at your conclusion. Use relevant precedent cases, legislation, or statements of legal principles to support your answer.
Apply or distinguish the relevant case authority, with consideration of how the facts are similar or different to those in the cases.
You should consider both sides of the dispute and address counter-arguments where appropriate. If applicable, include discussion of cases that are contrary to your conclusion. Focus on any contentious issues. Give an indication of the weight of the arguments when setting out counter arguments (e.g. strong, good, poor, weak).
Order the issues in a sensible and effective way to lead the reader to your conclusion.
The example below establishes one element of our argument.
Example
Let’s see how to apply the law in the example discussed above: Matthew, a 50-year old independent contractor from Victoria, has been engaged for some work by X Pty Ltd (a company). Matthew attends a number of staff meetings as well as a training course provided by the company.
Application of the law:
The company requires Matthew to attend meetings and training, which shows they have a high level of control over him (Stevens v Brodribb and ACE Insurance v Trifunovski). These factors indicate that he is an employee (Hollis v Vabu).
Tips
|