CRIM 330 Lecture 5 Feb 7, 2022
Case Brief Assignment
- Style of cause
- Facts
o Story that took place that brought the case to court
o Summarize any relevant stuff
- Issues
o Legal issues the courts is asked to answer
o “weather”
o If appeal
Any relevant part from lower courts, can be brief statement
How the case got to the SCC
- Ratio
o The law that’s being applied to resolve the questions
o The ratio is not connected to the facts
o Ratio is the general law
o Any statue or principal law that is being used
o “the rule”
- Reasons
o Explaining how it was applied
o How that law is connected
o Response to legal issues
- Disposition
o The decision of the court
o Briefing what became the law
- Commentary
o Anything in the case that wasn’t in the case brief but is worthy of discussion
o Focus on the impact of the case regarding section 8 of the Charter
o Some things the judges said that may be worth of commentary
o Commentary should not simply be an opinion
o Opinion not backed up is not good commentary
o Shouldn’t need outside resources or research
- For citing use paragraph numbers (Para. 1), do not cite from head notes
Admissions, Confessions, and Compelling of Witnesses
- Section 10 of the Charter
o Everyone has the right on arrest or detention: (i) to be informed promptly of the
reasons therefor; (ii) to retain and instruct counsel without delay and to be
informed of that right; and (iii) to have the validity of the detention determined by
way of habeas corpus and to be released if the detention is not lawful.
o
Case Brief Assignment
- Style of cause
- Facts
o Story that took place that brought the case to court
o Summarize any relevant stuff
- Issues
o Legal issues the courts is asked to answer
o “weather”
o If appeal
Any relevant part from lower courts, can be brief statement
How the case got to the SCC
- Ratio
o The law that’s being applied to resolve the questions
o The ratio is not connected to the facts
o Ratio is the general law
o Any statue or principal law that is being used
o “the rule”
- Reasons
o Explaining how it was applied
o How that law is connected
o Response to legal issues
- Disposition
o The decision of the court
o Briefing what became the law
- Commentary
o Anything in the case that wasn’t in the case brief but is worthy of discussion
o Focus on the impact of the case regarding section 8 of the Charter
o Some things the judges said that may be worth of commentary
o Commentary should not simply be an opinion
o Opinion not backed up is not good commentary
o Shouldn’t need outside resources or research
- For citing use paragraph numbers (Para. 1), do not cite from head notes
Admissions, Confessions, and Compelling of Witnesses
- Section 10 of the Charter
o Everyone has the right on arrest or detention: (i) to be informed promptly of the
reasons therefor; (ii) to retain and instruct counsel without delay and to be
informed of that right; and (iii) to have the validity of the detention determined by
way of habeas corpus and to be released if the detention is not lawful.
o
