MEDIA REPORT ANALYSIS Referencing styles Chicago Referencing Style: Taylor, Belle. 2012. Baby heartbreak.

The Western Australian, 7 February 2012. [WORD COUNT:] (a) Identify aspects of the media report that relates to the law (2marks)

This article reports on the prosecution of Vanessa De Bari and Matthew Silvestro, a man with a history of domestic violence who caused an accident. (ini unnecessary dan keliatan rada dipaksain, kalau mau Matthew Silvestro, the man who caused an accident and has a history of domestic violence. Im trying to find an alternative way to say it but I cant think of any atm ._.

Civil law Civil law is related to this article, due to the fact that Silvestro, as a car driver should ensure the safety of the (his would be better instead of the, but the is ok too) passengers, but the car driven by Silvestro had an accident (abit redundant, but still ok) thus Vanessa De Bari suffered very severe injuries that caused brain damage and her unborn baby died (and the death of her unborn baby). Moreover, Matthew also forced Vanessa to stay with him when Vanessa wanted to move to her mothers house.

Criminal law Silvestro also admitted that he felt guilty for the accident. It was included in criminal law. Related to the article, Belle said, Vanessa tried to leave the four-years abusive relationship numerous times but was threatened by violence". The violence can lead to impaired Vanessa's mental.(vanessas impaired mental?)

Tort law In this incident, tort law also include in this article because Silvestro was driving dangerously. The statement is shown in the phrase, a man with a history of domestic violence who drove his car into an oncoming vehicle". The accident caused Vanessa hospitalized for 81/2 months due to Vanessa suffered(suffering, somehow it sounds

better using ing after due to permanent brain damage and Vanessa must learn to walk again.(the phrase is a bit awkward but its still ok)

National law There are many aspects that relates to national law. In the article mentioned Under WA legislation, a baby must be born alive to be considered a human for criminal purposes. This is related to national law because in a car crash involves a baby in Vanessas womb miscarriage. Therefore, Vanessa cannot sue Silvestro. (b) Find examples in the report of how the law does the following things: (3 marks) I. Allows people to organize and plan National law is appropriate in this function of law. In this article (This article mentioned, or in this article, it was mentioned) mentioned that Western Australia have a law that an unborn child cannot be said as a "human". Therefore with the national law cannot sue Vanessa Silvestro in vain and make people more in consider in taking an action

II.

Encourages or discourages particular activities "The four-year abusive relationship numerous times but was threatened by violence". The statement is shown in the article, where Silvestro violence against Vanessa (violence is a noun not a verb). Violence showed that Silvestro is not responsible for partner relationships and Vanessa should be able to prosecute Silvestro for acts of violence. It could show the function of criminal law. Government can reduce crime and violence by using the function of criminal law.

III.

Creates rights and duties that can be enforced These functions include the function of civil law because Silvestro did not carry out his duties as a driver's (driver aja) properly, where Silvestro drove dangerously that caused an accident. Vanessa has the right to get to the destination safely. Moreover, Vanessa as a former partner, she also has the right to determine what Vanessa would do (this sentence is abit weird, Vanessa has the right to determine what Vanessa would do?). In the article (read above)

mentioned that, Vanessa would move into her mother's house so that the function of civil law by Vanessa can enforce her rights.

IV.

Provides remedies when right are interfered with or duties are not discharged Tort law is an appropriate illustration of this function of law. For example from this article is a car driven by Silvestro had an accident caused by drove dangerously. (lots of ways to fix this, For example in this article, a car driven blablabla, or An example in this article was a car blablabla) Thus, it is also causing(it also caused) permanent brain damage to Vanessa and her unborn baby died. (see above) With the tort law, Silvestro imposed a fine of $ 8,000 and banned from driving for two years.

(c)

Describe why is it important to know the law in these circumstances (2marks) The law is important in these circumstances because with the law, people can be more careful in act(what they do?). Then, the people also know the risks that will be obtained if they break when the law and the people also will know which ones should be done and not to do(should not be done) ?. This article tells us that someone does not carry out the duties as a driver and a partner relationship.

The law also gives us a solution, for example, Silvestro as a driver did not do his duties properly thus caused an accident that resulted Vanessa injuries. Then, Silvestro had to pay fine of $8000 and banned from driving for two years. In addition, Australia has a law that the unborn baby cannot be counted as a human in criminal purposes so with the law people know that people cannot prosecute someone about unborn baby.

1. In which court was the reported case decided? In court of appeal was the reported case decided(the reported case was decided in the court of appeal). Before claiming to the court of appeal, Clark filed a lawsuit to the Halifax County Court but the claim was rejected because the case could be resolved between the student and the university.

2. Will this decision be treated as either binding or persuasive by a Western Australian State Supreme Court and why? This decision be treated as persuasive because the UKs hierarchy and Western Australias hierarchy are different thus only can use persuasive. (a little weird but im tired D: )

3. What were the names of the judges who heard the case? The names of the judges who heard the case were Lord Woolf MR, Ward and Sedley LJJ.

4. What were the full names of the parties? What are those parties called and why? The claimant was Joanne Elizabeth Clark and the defendant was the University of Lincolnshire and Humberside. Joanne Elizabeth Clark sued the University of

Lincolnshire and Humberside because Clark did not accept that the marking paper for final examination get zero.

5. What were the material facts of the reported case? The material facts of the reported case were Clark failed makes a back up copy for her work and Clark got zero for her marking paper for final examination. Moreover, the university considered that Clark did plagiarism. Then, for the degree classification, Clark got third grade and Clark did not accept it.

6. What was the main legal issue to be decided? The main legal issue to be decided was Clark prosecute University of Lincolnshire and Humberside because Clark did not accept that her marking paper for final examination was zero.

7. What was the decision of the Court? The decision of the court was Clark allowed to appeal but Clark should resolve the problem first with the university. If Clark did not accept the decision of the university, Clark can appeal again.

8. Concentrating on the judgment of how would you express the ratio decidendi of the reported case (the reason)? Clarks problem gave it back to the university because the problem inappropriate with the existing law. According to the regulation 6.5.4, the person who is given a second chance can only get a degree classification no higher than third grade. Therefore, Clark did not accept that Clark just get a third grade because it is not good for her future career choice.

9. How many precedents can you identify in the decided case? How important are the decisions from courts of other jurisdictions? In the(the decided case) decided case has 7 precedents and the decision from courts of other jurisdictions is important because it is to ensure that the result is fair and equal.