Legal Problem-Solving Exercise
Order Code: 437233
Question Task Id: 0
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You must complete the following legal problem-solving exercise. You must analyse the problem and present solutions, explaining your reasoning. In addition, you must reflect on your thinking and work process, describe your problem-solving process, and explain the decisions you made to reach your conclusions.
Your reflection on your problem-solving process should be approximately 200 words in length and should use first-person languages like I or my .
- Identification of legal issues;
- Identification and analysis of relevant law;
- Ability to apply the law to a factual scenario;
- Ability to provide clear, supportable conclusions;
- Effective communication and referencing;
- Ability to reflect on the problem-solving process.
The marking rubric is available on Moodle.
Complete the following exercise:
Alex and Blake have applied for admission to the legal profession in Queensland.
Alex was previously employed as a paramedic. In 2015, Alex accessed hospital records to obtain the telephone number of a patient. Alex attempted to contact the patient by telephone25 times until a restraining order was issued. In 2016, at the request of their employer, Alex completed a Graduate Certificate in Ethics and Law in Paramedic Practice. In 2017, Alexaccessed hospital records to obtain the home address of a patient. Alex visited the patient, who registered a complaint with the hospital. Alex was dismissed from their employment.
Alex is currently employed as a law clerk by Blighton Chambers. A Barrister practicing in those chambers provided an affidavit for Alex's application, which reads: No one works harder than Alex. Alex disclosed all matters to the Legal Practitioners Admissions Board (LPAB), and provided an affidavit reading: I have made mistakes in the past, which I only fully understood after I completed my Bachelor of Laws. I won't do it again.
Blake, aged 45, was penalized by the Australian Tax Office in 2018 for late lodgement of their income tax returns. They disclosed this penalty in a 2019 application for admission to the legal profession in Victoria that was subsequently withdrawn, but not in the current application for admission to the legal profession in Queensland. Since obtaining Blakes's application for admission in Victoria, the LPAB has not requested any additional documents or information, and in written submissions to the Supreme Court described Blakes's behavior as outstandingly reckless.
The LPAB has recommended that both applications be refused.
Advise Alex and Blake.
Use the authorities provided and what you have learned in LAWS11057 Introduction to Lawton to address these matters. Undertake further research to help you understand and use the provided authorities. The provided authorities, rather than any other law, should be the focus of your research and your answer.