1.What is the situation with case law and the need to quote cases? We are not teaching the intricacies of law but a basic understanding – non-lawyers get hung up with cases and sections of Acts – we don’t expect students to know section numbers. Cases will get recognition and rewards but are not necessary – candidates should support their answers with analysis referring to cases – they can give examples and refer to cases without writing out the details of the case. Candidates should substantiate their points with references or examples.
9. Would candidates be given credit for knowing the new Companies Act contains lots more legislation on the area of corporate governance? Candidates are always rewarded if they know more detail than the basics that are expected.
8. What level of knowledge and appreciation of the new Companies Act is required? The new Companies Act will be examinable form June 2008. All of it will be examinable then.
10. If a candidate knows lots of cases for time allocation is it sufficient to just quote one case? One case is enough per issue. If they state the principle and cite the name the facts of the case aren’t necessary. Cases should be cited to support the law but they are not necessary – examples are fine too. They can be used to show the candidate understands the point of law.
7. In the Global paper if you had different jurisdictions how would you specify which jurisdiction governs a contract? I wouldn’t do this – we would assume there is no jurisdiction problem.
发表于 2008-9-18 14:41
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