Task
This assignment requires you to select any TWO of the THREE cases below. Read it carefully and produce in your own words a summary of the facts, the legal issues which arise, what the court decided and the reasoning it used to reach that decision. Please follow the outline for the briefing below and take a look at the sample brief provided.
The length of your case briefing should be between 1,250 to 1,500 words. The deadline for submission is 27 May 2013 in class.
P.P. v. PUNG CHEN CHOON (1993)
LIM GUAN ENG v. P.P (1998)
MARK KODING v. P.P ( 1982)
EXAMPLE OF FORMAT.
Title and Citation
Madhavan Nair v. P.P
[1974] HCA 33
Facts
The accused ( or name ) is a New York-headquartered publishing company that operates
WSJ.com, a subscription-based news web site with its servers in New Jersey. WSJ.com
provided access to content from Barron’s Online, which reproduces articles and images
from the print version of Barron’s magazine, a Dow Jones publication. An article
published in Barron’s Online on October 28, 2000 made references to the respondent,
Joseph Gutnick, a resident of state of Victoria in Australia. Gutnick alleged the references
to him were defamatory under Australian law.
Gutnick filed a suit in the Supreme Court of Victoria against Dow Jones claiming
damages for defamation. Process was served on Dow Jones outside Australia in
accordance with Rule 7.01(1) of the Supreme Court (General Civil Procedure) Rules
1996.
The High Court judge in the case disagreed and dismissed the application by Dow Jones on grounds that the statements by Dow Jones had been published in Victoria when subscribers there accessed them
online.
Dow Jones appealed to the Court of Appeal, which refused to hear the appeal
on the grounds that the lower court’s decision was “plainly correct.”
Issues
Whether online materials written in the United States and stored on servers in New Jersey
may be deemed to have been published in Victoria, Australia when accessed through the
World Wide Web there, whether such materials may be subject to the defamation law of
Victoria and whether the courts of Victoria are an appropriate forum for the litigation of a
defamation claim related to such materials.
Reasoning
Chief Justice Gleeson / Justices McHugh ruled that for the purposes of defamation, a statement may be deemed to be “published,” and defamation therefore occurs, in the place where the statement is comprehended by a third party, rather than in the location where the publisher initially issues or releases the statement. The court rejected Dow Jones’s argument in favor of a “single publication”
rule for online materials in favor of the standards that apply to more traditional modes of
communication under established common law precedents.
Held
The court was unanimous in its decision to dismiss the appeal by Dow Jones, holding that the lower court did not err in refusing to stay the proceedings against Dow Jones, and ordered Dow Jones to pay costs. The ruling allowed Gutnick’s suit against Dow Jones to proceed in the court of first instance in Victoria.
Try it now!
How it works?
Follow these simple steps to get your paper done
Place your order
Fill in the order form and provide all details of your assignment.
Proceed with the payment
Choose the payment system that suits you most.
Receive the final file
Once your paper is ready, we will email it to you.
Our Services
Custom Writings Help is a Quality-Oriented Company in Online Writing as a result of hiring exceptional professionals to execute clients' tasks.
Essays
At Custom Writings Help,We understand the struggle of research paper writing, and that is why at Custom WritingS Help, we are all out to help you. We pride ourselves on having a team of clinical writers. The stringent and rigorous vetting process ensures that only the 'BEST' Writers are chosen for the job. We have highly qualified Ph.D. and MA writers working with us; we equally offer these experienced writers specific bonuses and incentives to make them deliver highly original, unique, and informative content at reasonably low prices.
Admissions
Thesis Writing Service
Worlwide, Many Masters Students are struggling with Thesis Completion. A thesis is likely to be the longest and most challenging piece of work a student has ever completed. However, unlike essays and other assignments, a student can pick a particular interest topic and work on their initiative. Fortunately, we are there for you. At Custom Writings Help, you are assured of an authentic, imaginative, informative, linguistically great, and advantageous thesis that adheres to all your needs. So, why continue considering different writers when you have discovered the best in the field?
Editing
Custom Papers
Not a single student can avoid writing custom papers. However, a total lack of experience, skills, and time makes it very hard to produce a superb writing piece. Therefore, if you are seeking professional help, turn to us. Our specialized and experienced writers compose a variety of model papers, including custom essays, college term papers, research papers, book reports, MBA essays, executive summaries, dissertations, Ph.D. theses, admission essays, and research proposals for college and university students at any level.
Coursework
Essay Writing
Most of the students disregard the critical principles of essay writing and compose papers below sensible guidelines. Therefore, with Custom Writings Help, one should not worry about his/her essay. Our Writers compose informative and engaging content on all complexities and topics. We write meaningful and smart essays while prioritizing all aspects that bring about a good grade, such as impeccable grammar, proper structure, zero-plagiarism, and conformance to guidelines.
Coursework
Coourse Work Writing
Don't let the seemingly never-ending onslaught of writing assignments get you down. If you are looking where to get course work assistance online, the writers at Custom Writings Help are here to assist you with all of your writing needs. We undertake to unique delivery of papers that meet the professor's requirements. The content is proofread, edited, and checked plagiarism before submission to customers. No matter how big or small your work is, we will deliver on time. Try US Now! !
Coursework
Dissertation Writing Service
High-Quality Dissertation Writing Services are rare. They require Ph.D. academicians – not easily found. However, are an exception. The years, time, and resources we have invested in the dissertation world has given us a competitive advantage over others. Choose to come to Custom Writings Help; You will find perfect Ph.D. consultants who have written hundreds of dissertations theses ready to help you. Let our dissertation-writing services help you craft your dissertation, for you are assured we will give you the results.