law notes uni.docx - Law Notes 1 First tutorial R v N...

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Law Notes 1) First tutorial, R v N, between Her Majesty The Queen and Chantal Lefebvre for the crown -Ontario Superior Court of Justice -6 day trial, 4 different charges: sexual assault, unlawful confinement, sexual assault w/ a weapon, assault w/ a weapon -Accused was living separated from wife (complainant) but remained in same home -After talking about separation, accused lured complainant upstairs to computer room -Defence: his actions meant reconciliation even though no consent -Crown: 2.5-3 years in penitentiary, defence: reformatory term of 15-18 months -At start of sentencing, complainant said he learned his lesson (bc owned same shop, can’t afford to pay new employee, share 3 kids) -Favourable pre-sentence report (PSR) is favourable, but accused has lack of responsibility for his actions **2 years Facts: explicit part Issues: legal issues for the court when the judge starts their analysis to respond to the questions Based off of the questions that the judge is responding to 1) Was this an act of domestic violence? NOT VERY GOOD 2) Was it consensual GOOD 3) Is he likely to reoffend???? GOOD MUST RESPOND TO ISSUES IN ANALYSIS 4) HAS THE ACCUSED TAKEN RESPONSIBILITY FOR THEIR ACTIONS GOOD RATIO MASEEH SAID IN CLASS 1) The seriousness of the offence will influence the amount of time the accused spends in jail was this violent in nature 2) Is the convicted person a first time offender & led otherwise a good life LIST AT LEAST 3 ISSUES *your ratio number doesn’t need to match the number of issues Rule: what does the case stand for? Finally, in cases of sexual assault involving forced intercourse with a spouse or former spouse, sentences generally range from 21 months to four years: s ??? did not understand extent of his actions (DID NOT TAKE RESPONSIBILITY) -first time offender -seriousness of offence Analysis: how did the judge apply the rule? 2 years in prison Conclusions: who won? Who lost? Remedy? Tutorial Notes: [email protected] maseeh haseeb Case brief point: super concise, 2-2.5 pages Facts: only the ones pertinent to the case e.g. irrelevant if they had a cold prior Procedural History Rule, ratio, decision judge makes??? *rule and ratio are the same thing ratio: the rationale for the decision e.g. judge deciding age of consent is 14 years old in underage situation *not in the decision. Even if there is no past rule, you need to list the rationale -can give multiple ratios Analysis: the decision – you can either mention it with the rules and ratio or you can mention it in the conclusion what other cases did the judge use to come to that ratio in the previous step 1-2 paragraphs entire analysis Conclusion: 3 lines to the point no adjectives
Module 1a: The Role of Lawyers in Canadian Society Lawyers: politicians, policy makers (gov, NGOs, international orgs), private practice/in-house counsel, judges, academics Law: a system of enforceable rules that governs the relationship b/w the individual members of a society & between those members & the society itself Types of Rules that Make up the Law: 1) General norms/standards of behaviour:

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