The separate opinions and dissents should only be considered (if relevant or of particular interest) in the analytical section.

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AGLC4 referencing style Write a critical review of the following two cases based on their similarities and differences: Case 1: IMM v R (2016) 257 CLR 300 (analyse only the judgment by French CJ, Kiefel, Bell, and Keane JJ) File : IMM v The Queen (2016)_257_CLR_300.pdf Download IMM v The Queen (2016)_257_CLR_300.pdf AND Case 2: R v Bauer (a pseudonym) (2018) 266 CLR 56 File : R v Bauer (a pseudonym) (2018)_266_CLR_56-1.pdf Download R v Bauer (a pseudonym) (2018)_266_CLR_56-1.pdf The essay should include three parts: two case note sections (roughly 500 words each) and a comparison section (roughly 500 words). Each note should include: An introduction A brief summary of relevant facts The questions addressed by the courts The legal principles enunciated in the cases (including rationes decidendi) The courts’ decisions (including any separate judgments or dissenting opinions) The third section highlights the research component of this assignment. In this section, you need to go beyond the two cases on which the assignment is based. Your research could include, for example, other cases and peer reviewed journal articles. Whatever resources you use, they should zero in on the evidence issues raised by the two cases. This section should also include: Your analyses of the courts’ decisions and conclusions in the two cases, and How the decisions/principles compare or contrast between the cases. You will be expected to use other authorities, including cases, outside the two given cases. Further Guidance Introduction: As with legal academic essays, the introduction of a case note should be short and functional. The introduction orients the reader to the issues raised by the case, the court’s reasoning and the author’s opinion of the decision. Summary: this should be succinct and should not attempt to set out in extensive detail every separate opinion or dissent. The separate opinions and dissents should only be considered (if relevant or of particular interest) in the analytical section. You must save the majority of words for your analysis. Analysis: This section should form by far the largest part of your case note and is where the most marks are allocated. Here, you are evaluating the court’s reasoning. As part of that evaluation, you may wish to consider whether significant factors, principles or approaches were overlooked or undervalued; whether some sources of international law or rules were given due consideration or distinguished appropriately; whether the court’s conclusions were justified by its reasoning. You may also wish to identify significant implications of the case that go beyond the specific effects of the judgement. For instance, did the court adopt a particular approach to the interpretation of the law? Was this in keeping with previous cases? Is this significant? Such an evaluation goes beyond the narrow scope of the litigation, whilst bearing in mind that court decisions are, as you know, binding on lower courts. Conclusion: this should be brief and succinct, summarising your opinion and reasoning in relation to the case. You should introduce any new material at this point of the paper. Detailed Criteria for Assessment of Assignment Thought, Content, Argument and Analysis • Demonstrates understanding of key materials and concepts related to the selected topic. • Develops arguments or ideas logically and persuasively • Supports arguments/ideas with evidence and reasons • Critical analysis of issues discussed • Originality Structure/Organisation • Organises material in a clear, logical manner to support ideas and/or argument(s) • Coherently linked ideas • Effective use of sections, paragraphing and/or headings Research Skills and Use of Source Materials • Uses an appropriate range of relevant sources, including sources beyond the required readings • Demonstrates close reading of source materials Expression and Presentation • Uses accurate grammar, spelling and punctuation • Communicates ideas clearly • Engagingly and effectively communicates understanding and argument • Acknowledges all sources appropriately • Accurate referencing/citation

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