Legal Institutions - Assignment 1

Legal Institutions - Assignment 1

Question Two:

Read Thomas v Harris [1947] 1 All ER 444. After reading the case, answer the following questions:

1. Identify each element of the case citation and explain why square brackets are used instead of round brackets?  
2. Who is the Appellant?  Who is the Respondent? 
3. At first instance:
   1. Who was the Plaintiff?                  
   2. Who was the Defendant?             

1. In which court was the case decided?  
2. When was the case heard and when was it decided?  Was judgement reserved?  What is your reason for this answer?
3. Who were the judges in the case? 
4. Who represented each party in the case – solicitors and barristers? 
5. What are the relevant facts? (What facts will it be necessary to consider when framing or using the ratio from this case?) 
6. What are the issues of law? 
7. Are there any issues of fact?  If not, why not? 
8. What is the ratio decidendi? 
9. What are the obiter dicta (if any)? 
10. Were there any cases distinguished or followed?        
11. What was the decision?