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sept20, week2.odt

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Law & Society
Patricia O' Reilly

Crim Law in Canada September 20, 2012 Week 2, Thursday first midterm: mc and short answer second one: same but might be mini essays How to brief a case 1. style of Cause The name of the case. In criminal Law: Rex or Regina V. Defendant. (always underlined) Oakes Citation: R. v Oakes. [1986] 1 S.C.R. 103 Year = year of judgement. S.C.R. = Supreme Court Reporter page 103 2. Facts of the case: How did this individual or multiple defendants end up in court? Many in jail being charged with criminal offence. Agreed upon facts: facts that can be proven. 3. Nature of the dispute (or issues) issues are framed in the form of a question. Example: did Edwin Oakes breach section 356 when he was in possession of pot, heroin etc. Oakes: Criminal Law breach, Charter challenge. Nature of the dispute is what the court needs to discover and make a ruling on. 4. The decision 5. Ratio Decidedum Reasoning for the decision. Wha
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