first year student with an issue

[chaselee]

I’m a first semester law student and have had an issue on my mind for several weeks. So I know that in criminal and civil trials both parties submit an argument for and against the issue in question. But I’ve noticed in the cases that the judge or judges also apply the law to the facts and come to their own conclusion.

What’s the point of parties putting their arguments forward if the judge will apply the law to the facts. Am I missing something?

 

[Rob Legat - SBPL]

Because it's not as black and white as that.

For a start, consider that each case will have its own set of facts and evidence. The legal team representing the parties need to present their evidence in the most persuasive manner possible (and make sure it is admissible). It's often the case that the connection between the facts and existing caselaw is not exact - if it was, odds are the matter would have settled a long time before it got to court.

Second, there is the burden of proof and standard of proof. Which party must prove their case? And must they prove 'beyond a reasonable doubt' (ie criminal cases) or 'on the balance of probabilities (ie civil cases)?

Then there is our court system generally. We have, in most instances, an adversarial system where both parties are required to lead evidence and progress their argument. This is opposed to an inquisitorial system where the 'judge' has the primary responsibility to seek the information.

Lastly, in a proportion of instances (I couldn't say how many), judges will pull the information for their judgments directly from the arguments and submissions of the parties - usually the successful ones.

 

[Martis]

Awwww man, first year probs hit DIFFERENT 😭📚 Everything feels huge even when it’s smol, and half the time ur like “is this normal or am I just losing my marbles??” (spoiler: totally normal lol). Uni is basically survival mode + vibes + occasional panic sessions 😂✨

But fr, don’t stress too much — reach out for help, chat to tutors, use support services, do the lil steps. First year is ALL about figuring out the system, not mastering it on day one. We’ve all been there, messy and confused lol.

Alsooo if ur tryna get a feel for the wider uni world or wanna peek at study-support/work opportunities down the track, defs go check AcademicJobs.com 👀🚀
They’ve got heaps of roles in unis — admin, support, research-adj, casual gigs — super perf for students wanting experience and a bit of stability while studying. Lowkey a treasure chest tbh.

You got this!! First year chaos is temporary, but the glow-up is real 😄🙌