u/Aggravating-Voice

Hi everyone!

Just a quick Q on advocacy structure (I literally have no idea what I am doing). Does this look right?

Opening 

Applicant: May it please the court, I appear on behalf of the applicant (X) on this matter. My friend represents the respondent. Judge, may I check where you have had the opportunity to read the papers or whether you would like a brief summary of the facts? 

Respondent: May it please the court, I appear on behalf of the respondent. I’m grateful to my friend for providing a summary of the facts. Judge – is there anything additional I can assist the court with in that regard? 

 

Summary of the facts: 

Judge, etc. summarize the main facts of the argument: 

-              Limit the facts to what the court will need to know to decide the application 

Set out the legal test: 

Moving now to the test for the application. 

The test for X is set out in X: 

Test: List the test: 

 

Submissions on each of the relevant limbs of the test: 

I am going to make my submissions according to the limbs of the test in X in turn: 

-              Turning now to the first limb of the test: X

o   I have X submissions: 

§  Go through each submission 

·      My first submission is X: cite from bundle – apply, conclude 

-              Moving now to the second limb of the test: X

o   I have two submissions: 

§  Firstly: 

How to refer Judge to the papers: 

Judge, if I might refer you to para X of X’s (whatever the document is), you will note that… 

 

How to close: 

Judge, unless I can assist the court any further, those are my submissions 

Does this look right?

Hi everyone!

Am trying to prepare for tomorrow and am a little confused on board minutes. I get that when resolution are passed you say IT WAS RESOLVED that....

Do you include the types of resolutions that are passed?

So for incorporation of a company from scratch, would you say:

IT WAS RESOLVED that:

• A general meeting be convened for the purpose of passing a special resolution to change the company name to [new name]
• [Name] be appointed as a director of the Company with immediate effect
• The letters of resignation of [Name] as director be accepted with immediate effect
• [Name] be appointed as company secretary of the Company with immediate effect
• The letter of resignation of [Name] as company secretary be accepted with immediate effect
• The registered office of the Company be changed to [new address]

Or would you need to include the types of resolutions:

• A general meeting be convened for the purpose of passing a special resolution to change the company name to [new name] - SR
• [Name] be appointed as a director of the Company with immediate effect - BR
• The letters of resignation of [Name] as director be accepted with immediate effect - BR
• [Name] be appointed as company secretary of the Company with immediate effect - BR
• The letter of resignation of [Name] as company secretary be accepted with immediate effect - BR
• The registered office of the Company be changed to [new address] - BR

This is kind of silly and i might be overthinking it lol. But if you are writing a client letter (LW), should you write out the full AR and MR for the client?

For example:

Theft:

AR: appropriation of property belonging to another

MR: dishonesty + intention to permanently deprive

Or would you 'dumb it down' and say something like in order to meet the requirements for theft, you need to have performed a certain act, as well as had a corresponding state of mind? The actual phrases actus reus and mens rea are latin and legalistic, so would you need to just dumb it down for simplicity's sake?

Thanks in advance! I CANNOT wait for this to be over.