Case Note MORRISON v JENKINS (1949) 80 CLR 626

Case Note MORRISON v JENKINS (1949) 80 CLR 626 Case Note On MORRISON v. JENKINS (1949) 80 CLR 626 (Whose baby case) Name of Court: High Court of Australia Name of Case: MORRISON v. JENKINS Citation: (1949) 80 CLR 626 Parties to the Action: Alberta Gwen Morrison, the Appeallant Jessie Jenkins, the Respondent Nature of Case: Civil Matter (Family Matter) Date of Judgement: Date of Decision: 22nd December, 1949 Bench: Five Judges Bench (Large/Full) including Chief Justice. Mr. Latham CJ, (dissenting) Mr. Rich J, Mr. Dixon J, Mr. McTiernan J, (dissenting) Mr. Webb, J. Facts and Summary: Mrs. Alberta Gwen Morrison gave a birth of a baby girl on 22nd June 1945 in the ‘Kyneton Hospital’ in Victoria. On that same day, within five minutes another lady named Mrs. Jessie Jenkins also gave a birth to a baby girl in the same ward. Mr. and Mrs. Morrison claimed that their baby girl had been swapped in the ward with the baby girl of Mrs. Jenkins. And Mrs. Jenkins had left the hospital with their baby (baby named Nola Jenkins). After four years, this matter reached to the high court with completion of all lower court proceedings. Mr. and Mrs Morrison wanted the back of their baby Nola, but the Jenkins family did not want to return Nola because they were convinced that they Nola was their baby and they had brought a child right from the hospital. At that time, there was no DNA testing, but from the report of blood test showed that Mr. Morrison could not be father of the baby which they had had from the Victoria Hospital. After that, the Supreme Court of Victoria held in this matter that the baby girl (Nola) was the daughter of Mr. and Mrs. Morrison and Jenkins Family should be return Nola to custody of her real parents. The decisions and judgments of judges in the high court were divided. On the one part, Mr. Justice Rich and Mr. Justice Dixon said that the status of parentage of a child is so much doubt ful as wll as itfavorable be in the favourable circumstance for the child to return child to her original parent from persent custody parent. On the second part, Mr. Justice Webb did not agree with the decision of the tarial judge that the baby girl belonged to Morrisons’ family. There was an evidence which included another fact which was that the within twenty four hours there was more children born and might be one of those have been given to Morrison family. On the third part, Chief Justice Latham and Mr. Justice McTiernan said that Nola should be given back to Morrison family. According to Mr. Justice McTiernan, blood test is a enough evidence for proving that Nola is the child of Mr. Morrison. He also explained that The test of â€Å"best-interest-of-the-child† only applied when parents fight with each other for the custody of minor, but in this situation parents are together and real parents are natural and lawful guardian of their own child and also have an absolute legal right to the custody of their own child. The majority of judges’ decision were that Jenkins family should retain the custody of Minor child Nola and Morrisons’s family should retain custody of Johanne. And in the result, the appeal was refused. Brief Judgement/Decision of Trail Court/High Court: The decision by the supreme court of Victoria (Barry.J) regarding above said matter is that Nola was the daughter of Mr. Morrison and the welfare of children is that to leave and brought up with her own real parent because real parent can take care better than others. Nola should in the custody of her real parents. According to Herring C.J, the writ of habeus corpus is un suitable of this proceeding because this is a proceeding for the determination of the parentage of child but application for the habeus corpus is much suitable procedure because oarents wants to obtain the custody of their own child. According to Fullage.J. there is benefit of doubt as the parantge of the child even no order should be made if a slightest doubt is occurring. Low J. Agreed by all other members of the bench. Relevant law: Legitimacy Declaration Act 1858 section 1 The Marriage Acts 1928-1941 (Vict.), s. 136 are derived from the English Guardianship of Infants Act 1925 Halsbury, Laws of England, 2nd ed ., vol. XVII., p. 666 Section 136 of the Marriages Acts 1928-1941 (Victoria) provide that the court have power to decide the question of custody of minor regarding the welfare as the first essentio consideration. Halsbury, Laws of England, 2nd ed ., vol. XVII., p. 666 stated that â€Å"a father, whose infant child is not in his custody, and a mother, where she is entitled to the custody, may, in the absence of good reason to the contrary, obtain the custody of the child by a writ of habeas corpus According to Issue: The main issues in this case were that: Whether is this matter relating to guardianship or parentage? Whether is it the welfare of child or not to change the guardianship? Whether is there defacto relationship has existed between child and present guardian? Whether appeal should be allowed or not? Which parents have custody right on the child? Whether comman law applied on this matter? Whether Nola is legitimate child of Mr. and Mr. Morrison? Ratio Decidendi: There are two points in which determines the judgment of all judges that is: That the welfare of child is more important than anything and welfare of child is a paramount consideration. That the Parentage of child is ligitimate. According to Mr. Latham, that this is a welfare of the child that he or she should be brought up with and by its real parents not other than and should be in the custody of her real parents. And Mr Latham fully supports the judgment of Mr. Barry J the Judge of Supreme Court of Victoria. He also mentioned the affidavit of Mr. Morrison in the trial court proceedings that Mrs. Morrion gave evidence that she never ever had any sexual relationship with any person except her husband. And Johanne Lee is not a child of her husband. Mr. Rich J, stated that the one thing which is more important after parentage issue that is welfare of child. In this matter the de-facto relationship has formed between the both parents and children and they have also defacto relationship exists between siblings and other family members. McTiernan J. relied on the scientific evidence which was blood test. He also mentioned that the natural parents are the lawful guardians of their own child and have right to custody. And they have the right of habeas corpus. He also state that the in the interest of welfare of child it is most important thing that parent should take care of their own child. Mr. Webb J. mentioned that both children are well developed and attractive but he was not able to check and observe the features of resemblance with parents and that kind could placed reliance on them. Mr. Dixon J. gives the opinion that this matter donot have any question of law and have only question of fact. According to him welfare of a child as a paramount consideration and never be neglected. He also fully support the view of the High Court that the whole future happiness and welfare of both child is on stake. Obiter Dicta / Notes: After the hearing of both parties; the leave to appeal dismisses by a a majority of three to two judges, Mr. Rich, Mr.Dixon and Mr.Webb JJ; Mr.Latham CJ and Mr. McTiernan J dissenting. All judges of court describe and set the standard of proof at very high level. Mr. Rich J. He stated that the Morrison must exclude ‘every other reasonable hypothesis’[1] Mr. Dixon J. He expressed his agreement with the view of the Victorian Full Court.[2] â€Å"the further inference or conclusions which have been drawn as to the precise manner in which the babies were handled and exactly by whom are doubtful and in some respectsspeculative and they are unsafe.†[3] Mr. McTiernan J. He stated that ‘all reasonable doubt’ must be excluded. [4] Mr. Webb J. He was not prepared to go so far. His Honour stated that while a court cannot change the standard of proof, ‘it can and should insist on exact or cogent proofs on issues of grave importance like that of parentage’.[5] Mr. Latham CJ , that the appeal should be allowed with costs, that the decision of the Full Court should be set aside and that the order of Barry J. should be restored.[6] Conclusion: In my point of view, This case is a family matter of guardianship as well as parentage. Morrison family wanted return their baby from the Jenkins family. There was sufficient evidence for proof that Mr. Morrision was the father of baby girl but the majority of judges of high court did not allow to gave custody of baby. So that guardianship of baby girl remaind status Quo. The evidences proves that the baby born on 22nd June 1945 and beloged to Mrs. Morrison. Affidavits and cross examinations as well as blood test of baby and Morrison also proves that the Nola is a legitimate child of Mr. Morrison but after all of these was not in the favour of child to change the guardianship and return to her real parent because there was defacto relationship existed and if court change the custody of the child then it may be harmful effect on child. This is very unusual and interesting case because this case treated as special case because there is no question of law included in this case. The case is depends upon question of fact rather then question of law and treated as a special case. Because in normal circumstances, father and mother fights for custody of the minor but in this case two different families were fighting for custody of the child. The Majority of judges agreed after examined the evidence that Mr. Morisson was a father of child but they focus on welfare of child rather than legitimacy of child. [1] Morrison v Jenkins [1949] HCA 69 (22 December 1949) page 640 [2] Morrison v Jenkins [1949] HCA 69 (22 December 1949) page 646 [3] Ibid page 643 [4] Ibid page 648 [5] Ibid page 654 [6] Ibid page 637

How to Survive Your Freshman Year in College

How to Survive Freshman Year in College College is the perfect intersection of freedom and young adulthood. Never again will a person be allowed to have that much fun while being responsible for so little. But as generations of students have learned the hard way, it’s easy to get overwhelmed by that freedom and go overboard. Students who’d never had a problem doing homework find themselves failing tests when there’s no one around to motivate them to attend class. People who’d always managed to have a thriving social life discover they’re constantly in solitary.It’s a fun but intimidating time, and the best way to get the most out of freshman year is to remember a few key things meet new people, go to the library, don’t go crazy during the week, go to class, and get involved in a club. Meeting new people is probably the most important step in order to have a successful first year at college, and it is also probably one of the easiest. I t doesn’t matter if you’re living in a dorm or living with your parents, there are plenty of ways to meet some people that share common interests.For starters, there are anywhere from 10-200 other people in your classes. Start talking to your neighbor. Not only can they help get through the long hour of your horrible class, but also you might have something in common with them. Also, go to the library with this person and cram for the final together. Who knows, the two of you might just stay in contact once the semester is over! ?  ? Upon hearing the word â€Å"library†, what probably comes to mind is, â€Å"That’s the last place I’m going to go† but, reconsider that thought.Trying to study in a dorm can be distracting, and studying at your house can be even harder because this is your â€Å"comfort zone†. In the library, the only distraction you’ll have is the cute boy sitting at the table across. And, if a snack is needed, there is a coffee shop located inside of the library. ?  ? I know it’s temping, but try not to go to parties or the club during the week. It is really easy to get behind on schoolwork, and by going to the parties and clubs only makes the situation worse.College is a lot different that high school, which means effort, has to actually be put in to all of the work that is done. Two days are given to celebrate all of your hard work, sleep in, and forget what was being studied in Biology class. Once Monday arrives, though, what time your class starts better be remembered! The thing that everyone complained about most in high school was the attendance policy. Now that you’re in college, not all professors take roll however, they will do things to make sure everyone attends.For example, a professor might give out a â€Å"pop quiz† ten times during the semester. This, in turn, will count for 100 points. Imagine getting a zero on a test you’d probably have a hea rt attack. Other professors will not post the lecture notes on their website, which intervenes with studying for the final. Bottom line: go to class and your GPA will reflect your effort. The old saying is true â€Å"Time flies when you’re having fun! † Getting involved in a club or activity will make the semester go by so much quicker.There are always booths on the promenade that are promoting clubs, and this is a good way to get more information on them. This is also another great way to meet people. At the end of the year, you should realize that you survived your freshman year! Making that adjustment from high school to college can be treacherous, but don't lose heart or give up. Even though it will be stressful, much different than what was expected, and there will be times when you will want to give up, college actually is fun. They say these are the best times of our lives, and this saying is only true if the best is made of it.

Happiness Is Real When Shared

This is one book which I have just finished reading. I don’t normally read biography, but came across the story while doing some random search on wikipedia (where one link can lead to another). I really got very interested in the true story of this young man who ended up dying in Alaska. I went to buy the book at Kinokuniya. In 1992, a young man by the name of Christopher McCandless from a well-to-do family in the US abandoned everything he possessed after graduating with honours from University. For the next two years, he lived off the streets, travelling from place to place, living on the bare minimum.Finally, he hitchhiked to Alaska with little food (only 5 pounds of rice) and equipment as he wanted to be in total isolation from human contact and go into the wild, in his words â€Å"to live off the land† – eating the animals he hunted and plants grown there. He actually managed to survive for more than 100 days in Alaska with this way until a series of unfortu nate accidents that caused him to die slowly (and painfully) of starvation on an abandoned bus. His decomposed body was found more than two weeks later. He was only 24 at the time of demise.All this while, his family didn’t know his whereabouts and was searching for him, until they received this piece of unfortunate news. In this book, Jon Krakauer explored the life of Christopher McCandless and try to understand the thoughts behind this young man who gave up everything he has in search of a life of adventure and meaning (to him), and also how the people around him were affected. He must had been a very charismatic person, as people he met along the way during his years on the streets really liked this guy a lot. Some actually asked him to settle down at the place he was at.But then his ultimate aim was to really live in the wild with only nature (and nothing else, human relationships was worthless to him) and commitment was the last thing on his mind. This story left a very deep impression in me, not just because of the tragic circumstances surrounding it, but I could identify with Christopher McCandless in that at his age, I was also sort of like him. Well, I might not have given up all my wealth (I admit, my family wasn’t as well-to-do as his) and go all the way out into the wild, but I did have certain anger or unhappiness about the way my life turned out and wanted to live a different sort of life.That was why at that time my results sort of fumbled (as I was half-hearted about the whole studying affair – to me, studying what I had no interest in was an â€Å"insult to my integrity†. ). I also wanted to get away from my family (which was one of the catalysts which caused Christopher McCandless to make such a decision, he was very upset by certain things he found out about his parents), so for a period of time I was staying in the hostel. During that time, I really planned to eventually leave my family once I have the financial means and stay outside.In fact, after I graduated from university, I went to Malacca for a few days all by myself to enjoy the isolation. Ha ha, until now, my parents weren’t aware this was what I did – and I can’t yet find the courage to inform them. (This is probably a secret I will bring to my grave). Okay, this was probably not so much of an adventure, but I did derive certain excitement out of this trip. Imagine me on a free and easy trip carrying just the map and walking around (and people who know me know I’ve a very, very poor sense of direction). I would not say I managed to find my sense of purpose in life during that very short trip.In fact, it was years after I graduate before I realised what was really important in my life. For Christopher McCandless, towards the end of his life, realised that â€Å"happiness only real when shared† which is what he wrote on his journal. When he finally got the isolation he yearned for in Alaska, someho w, he must have finally realised the importance of human relationships and that real happiness lies with being able to spend time with the one you care. Of course, the sad part is it came too late too as he was trapped in the wilderness which he had yearned for previously.Given time, I believe he would eventually return to his family and friends. For me, after years of working (and probably maturity over the years), I also realised the importance of treasuring the time with my familiy and friends. You do not have to go to the extreme (in my case, escape from my family) to change the state of your life. In fact, all that matters is your perception. I have to be responsible in what I do as it is not just about me, but whatever I do have repercussions on my loved ones too. I had probably hurt the people around me as much as they have hurt me.I remember there was one saying I read somewhere – people may not love you the way you want them to, but that doesn’t mean they donà ¢â‚¬â„¢t love you. Recently, I did have the urge to go backpacking alone somewhere (of course, with the intention of not letting my parents know), but I admit I did have second thoughts after reading the book, ha ha! But don’t think that will last for long, as by nature, I do like to â€Å"wander around† – I can’t be trapped for too long. In the end, I guess Christopher McCandless did manage to find peace with himself. His final note written on his journal was â€Å"I HAVE HAD A HAPPY LIFE AND THANK THE LORD.GOODBYE AND MAY GOD BLESS ALL! † Although he didn’t manage to go back to his loved ones, he appreciated all the love bestowed upon him by them. I would like to think that he did not leave this world with any regret. Currently, I am reading another book by Jon Krakauer about his experience during the 1996 Mount Everest climb. Another tragic tale of how harsh nature can be. I might want to catch the movie version of â€Å"Into The Wildâ⠂¬  directed by Sean Penn. Not sure if the film will evoke the same emotions in me (sometimes film adaptations can be disappointing).

Mnemonic Devices Help Students Retain Information