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Legal Process 2016 Short Answer Test
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Added on 2019-09-26
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The Legal Process 2016 Short Answer Test is worth 20% of your assessment for this unit. Read the explanatory memoranda and answer each question with the help of our study material. The first question requires you to create a syllogism that accurately distils the essence of a supportable argument in your major assignment. The second question tests your knowledge of, and ability to apply, fundamental principles of statutory interpretation in a process of legal problem solving.
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LEGAL PROCESS 2016 SHORT ANSWER TESTSemester 1(worth 20% of your assessment for this unit) ANSWERS ARE TO BE SUBMITTED ON THE LINK VIA THE ASSIGNMENTS AREAON BB – DUE 2355 20 October 2016All references to facts, circumstances and entities in this paper are fictional andany resemblance to any person or entity or circumstance is entirelycoincidental and unintended.For convenience, the bare questions and the explanatory memoranda (whichmust be read for guidance) have been separated. You should read them bothcarefully.ANSWER EACH QUESTION Question 1Create ONE syllogism that would accurately distil the essence of a supportableargument in your major assignment.The absolute word limit is 300 words.This question is worth 7 marks.Question 2A small mammal known as a minkette used to be very commonplace in theBlackstump National Park (let's call it “the Park”) as of the turn of the 20thcentury. As the name suggests, a minkette is a mammal with a strongresemblance to a mink, and whose coat is just as luxurious, only a minkette isslightly smaller.1
The minkette was very prolific in the Park until hunted to the point of nearextinction in the early 1950s by hunters after it for its fur. Blackstump NationalPark became associated with minkettes generally and, in the 1950s, there evenused to be an upmarket restaurant in the Park named The Blue Minkette.Visitors would quite often go there for meals, dressed in minkette fur, inkeeping with the ‘minkette’ theme generally. The Blue Minkette was renownedfor being a glitzy, glamorous place where the rich and famous dined.In desperation, due to concerns about the impact that hunting the minkette forits fur, Parliament in the early 60s, passed an act with the express purpose ofprotecting minkettes. The Act was called An Act for the Protection andPreservation of Minkettes (let's call it “the Act”). Part of the Act includedprovisions directed to the prohibition of wearing minkette fur within theBlackstump National Park. This was to de-popularize the wearing of minkettefur in the hope that this would, in turn, lead to a reduction in the popularity ofhunting minkettes for their fur. Separately, the Blue Minkette is forced to shutdown. Relevant provisions of it were as follows:An Act for the Protection and Preservation of Minkettes ........................Wearing apparel in the Park is an offence, for which the penalty is $800.00............. 13.In this Act:A.“Park” means the Blackstump National Park.2
B.“Apparel” means any shirt, coat, or sweater, made of the fur of theminkette, or any other garment.It is now 2016, and due to the success of the Act, the population of minkettesin the Blackstump National Park has recovered significantly. The Blue Minkettehas reopened.A party is held at the Blue Minkette recently. The following takes place:Philippe is an ex minkette hunter, whose livelihood was destroyed by theimplementation of the Act. As a form of protest, he attends the party dressedas a frontiersman wearing a coonskin cap of the type that Davy Crockett mighthave worn1) made entirely of minkette fur. He also carries with him a rucksack,which is best described as resembling the type of thing that an Americanfrontiersman might have used for carrying prey which had been shot as foodback to camp. It too is made entirely of minkette fur. To complete the imageof a frontiersman, he carries a rifle, modelled on the type that a frontiersmenmight have carried in the early 1800s. Discuss the criminal liability in respect of Philippe’s wearing the coonskin capand the rucksack purely as a question of statutory/legislative interpretation,and applying the methodology of conventional problem solving as has beenstudied throughout the module. You must include in your answer aconsideration of: the literal approach, the purposive (common law andstatutory) approaches; and the maxim ejusdem generis – but also confine youranswer to such.The absolute word limit for the question in total is 550 words excludingfootnotes.2It is to be assumed (to the extent you consider relevant) that establishing thepurpose of the enactment, and the mischief it is intended to redress, will not1 https://en.wikipedia.org/wiki/Coonskin_cap2 The major assignment question contains guidance on the conventional, and proper, use of footnotes. These remain applicable.3
