Must follow instructions carefully please. Must also be put in own words instead of copying case words.
Microsoft Word - B6D050B7D6F7E5BA3D8B2D7FF603E99C.docx Case Brief’s for Legal Memo Student Name: ___________________________ Criteria Unsatisfactory (0-5.9) Satisfactory (6.0 – 6.7) Very Good (6.8 – 7.9) Excellent (8.0 – 10.0) Weight Total Mark Structure and Formatting Brief MISSING most or all of the following: PDF Format Cover page 10 pages of written content Headings to separate topics in the brief Brief includes SOME of the following: PDF Format Cover page 10 pages of written content Headings to separate topics in the brief Brief includes MOST of the following: PDF Format Cover page 10 pages of written content Headings to separate topics in the brief Brief includes ALL of the following: PDF Format Cover page 10 pages of written content Headings to separate topics in the brief /0.3 /3 Clarity and Comprehension Writing style is MISSING most or all of the following: Clear and complete sentences Well-developed paragraphs Free from spelling and grammatical errors Writing style includes SOME of the following: Clear and complete sentences Well-developed paragraphs Free from spelling and grammatical errors Writing style includes MOST of the following: Clear and complete sentences Well-developed paragraphs Free from spelling and grammatical errors Writing style includes ALL of the following: Clear and complete sentences Well-developed paragraphs Free from spelling and grammatical errors /0.7 /7 Case Briefs Briefs are MISSING most or all of the following: Citation (1) Relevant facts are succinctly summarized (3) Issues are clearly set out (1) Decision is correctly noted (1) Reasoning/analysis demonstrates students understanding of the law (4) Briefs includes SOME of the following: Citation (1) Relevant facts are succinctly summarized (3) Issues are clearly set out (1) Decision is correctly noted (1) Reasoning/analysis demonstrates students understanding of the law (4) Briefs includes MOST of the following: Citation (1) Relevant facts are succinctly summarized (3) Issues are clearly set out (1) Decision is correctly noted (1) Reasoning/analysis demonstrates students understanding of the law (4) Briefs includes ALL of the following: Citation (1) Relevant facts are succinctly summarized (3) Issues are clearly set out (1) Decision is correctly noted (1) Reasoning/analysis demonstrates students understanding of the law (4) /2 /20 TOTAL /30 PDF Format: Off Cover page: Off 714 pages of written: Off PDF Format_2: Off Cover page_2: Off 714 pages of written_2: Off PDF Format_3: Off Cover page_3: Off 714 pages of written_3: Off PDF Format_4: Off Cover page_4: Off 714 pages of written_4: Off Headings to separate: Off Headings to separate_2: Off Headings to separate_3: Off Headings to separate_4: Off Clear and complete: Off Clear and complete_2: Off Clear and complete_3: Off Clear and complete_4: Off Welldeveloped: Off Welldeveloped_2: Off Welldeveloped_3: Off Welldeveloped_4: Off Free from spelling and: Off Free from spelling and_2: Off Free from spelling and_3: Off Free from spelling and_4: Off Citation 1: Off Relevant facts are: Off Citation 1_2: Off Relevant facts are_2: Off Citation 1_3: Off Relevant facts are_3: Off Citation 1_4: Off Relevant facts are_4: Off Issues are clearly set: Off Issues are clearly set_2: Off Issues are clearly set_3: Off Issues are clearly set out: Off Decision is correctly: Off Decision is correctly_2: Off Decision is correctly_3: Off Decision is correctly_4: Off Reasoninganalysis: Off Reasoninganalysis_2: Off Reasoninganalysis_3: Off Reasoninganalysis_4: Off Mark CC: Mark CB: Mark SF: Mark TOTAL: 0 CASE BRIEF’S FOR LEGAL MEMO Rationale: This assignment will provide students with an opportunity to read and synthesize case law. The law is not black and white, instead it is shades of grey. Each case turns on its individual facts. Briefing cases will allow students to become familiar with the law and understand the nuances of a judicial decision.Students will also get to see how legal concepts are applied to real-world problems. This assignment is worth 20% and is due on February 24, 2021. Your assignment should be submitted in PDF Format on VIULearn by 11:59 pm on the due date. Unexcused, late assignments will not be accepted and will receive no marks. The Case Brief Assignment is the first part of a two-part assignment (the second part is the Legal Memo Assignment). For these assignments, students will take on the role of Internship Student in a Law Firm. Students will read and brief all the cases assigned in the Memo from your Senior Partner. A case brief is not a descriptive essay. It is a concise document that summarizes the relevant points in a case and sets them out in a clear, structured format. Headings should be used to separate the topics in your brief. This is not a research assignment; no additional research is required. You are simply to synthesize the case material and present it succinctly in your brief. It is not acceptable to simply copy and paste from the cases into your brief. You must summarize and synthesize the case material in your own words. If you fee a direct quote from the cases is necessary, make sure to use quotation marks and include the paragraph number in brackets at the end of the quote. Each brief should be 2 pages per case for a total of 10 pages. FORMATTING Your case briefs should be formatted using the following headings. This is not a trick. Simply note the heading (Citation, Facts, etc) and then write your content underneath each heading. Criteria Marks (How much is it worth) Citation: Provide the case name and citation. 1 Facts: Provide a brief summary of the relevant facts of the case. 3 Issue(s): List is the issues that the court addressed that are relevant to your specific task. These are best presented as questions. Many cases provide the issues very clearly. 1 Decision: What was the decision about the relevant issues? 1 Reasoning/Analysis: Describe the reasoning that led to the court’s decision. 4 ORGANIZATION Your assignment should be organized as follows: · Cover Page · Case Briefs (10 pages) EXPECTATIONS Your assignment will be typed, double spaced in 12 font and should include 10 pages of written content (this does not include your cover page). If your brief does not satisfy the length requirement you will lose significant marks. Please submit your assignment in PDF Format. Your cover page should include: · your name, · your student number, · the course number, · my name, & · the due date: February 24, 2021 Each section of the brief has a number (#) beside it. That number indicates the number of marks each topic is worth. You can see that the Reasoning/Analysis section is worth more marks than any other section so make sure you allocate your content accordingly. You will be graded on your ability to synthesize the information from the cases and organize succinct briefs. Please see the assignment rubric for detailed information on how this assignment will be assessed. CRIM 230 Criminal Law Spring 2021 MEMO TO:Internship Student FROM:Kendra Waugh, Senior Partner DATE:January 11, 2021 RE:Case Brief’s for Legal Memo Our client has been charged with Possession of Cocaine for the Purposes of Trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act. This file has been set for trial where I anticipate arguing that the police investigation breached a number of our clients Charter rights. Specifically, I want you to assist me with two specific issues: The validity of our client’s strip search pursuant to s. 8 and the facilitation of his access to counsel under s. 10(b). The relevant sections of the Charter are as follows: · Section 8. Everyone has the right to be secure against unreasonable search or seizure. · Section 10. Everyone has the right on arrest or detention · (b) to retain and instruct counsel without delay and to be informed of that right; and As you can see, the statute law is very brief. As a result, much of the law on Charter breaches is common law and comes from case precedent. An associate has already completed the research for this assignment and identified the relevant cases. You can find these cases online on our firm’s VIULearn account. No additional research or cases are required. In our team meetings, we have already briefed R v. Golden, 2001 SCC 83 and R v. Taylor, 2014 SCC 50. These are the leading cases from the Supreme Court of Canada on these issues. Please brief all the remaining cases and submit your briefs to me online through VIULearn by 11:59 pm on February 24, 2021. It is important to note that these cases may also cover other issues in law. When you are briefing these cases, please focus only on the portions of the case that are relevant to our specific legal issues. To be clear, if a case is listed under s. 8, then you only need to focus on the strip search issues when briefing that cases – even if it also addresses 10(b) issues. s. 8 Strip Search: s. 10(b) Right to Counsel: · R v. Muller, 2014 ONCA 780 · R v. Fine, 2015 BCPC 3 · R v. Hamdan, 2017 BCSC 467 · R v. Montgomery, 2009 BCCA 41 · R v. Ashby, 2013 BCCA 334 FACT PATTERN FOR CASE BRIEF AND LEGAL MEMO ASSIGNMENTS On June 1, 2019, Nanaimo RCMP’s Drug Suppression Unit (DSU) received a tip that Eric MOLSON was selling cocaine in the Harewood Nanaimo area. The DSU set up a surveillance project to target MOLSON. Over the course of the next week, police observed MOLSON make a number of short meets with several different people. Police believed these meets were consistent with hand-to-hand drug transactions. After the first week, MOLSON appeared to be nervous, he was constantly checking over his shoulder and his driving pattern had changed. MOLSON was now routinely engaging in behaviour consistent with counter-surveillance or heat-checks: evasive and erratic driving designed to determine whether or not a person is being followed. In the weeks that followed, MOLSON was out driving less and less, instead it appeared potential clients were meeting him at