If the law is unclear you are welcome to make an argument about which direction

If the law is unclear you are welcome to make an

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If the law is unclear, you are welcome to make an argument about which direction is more favorable for the law to take, but be clear that this is your argument and not the law as it stands. This also does not mean that you should not try and find creative ways AROUND the law if it would assist in your answer. But do not conflate your opinion and the law. B) ADVICE TO A CLIENT 1. Your client does NOT want to hear (and pay for) everything you know about the law in general. 2. Your client wants to know the narrow law (legislation, principles and cases) as directly applicable to her case. 3. Explain the legal issue faced by your client, identify the narrow laws that apply to her case and how they impact on her position. 4. If legal precedent does not support her case, can you find a legally-sound way around this, using legal principles and reasoning, other cases and any gaps or substantial differences in the facts of your client’s case that might distinguish her case from the facts and outcome of the precedent/leading case? 5. Importantly, creative arguments do not mean your opinion about what the law should be. They are a means of using the law to get around the law. Look back to Tutorial 1 and the means by which Mr Jacobs could get around the court’s ruling in Mkontwana.
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If so, then advise your client about the precedent situation (ie advise her on what the law says even if it is not in her favour) but then explain and set out that there is possibly a way to advance her case (on the basis of the alternative way around the law). Make sure you conclude clearly in this respect. C) LEGAL OPINIONS 1. Identify the issue. 2. Traverse the relevant law – this means discussing the relevant law, legal principles and cases, as they’ve been developed, drawing attention to any inconsistencies and gaps.
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