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Law Exam Review.doc

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LAWS 1000
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CLN4U EXAM REVIEWCASESRVS OAKES REASONABLE LIMITS CLAUSEOakes was charged with unlawful possession of a narcotic for the purpose of trafficking hashish oil and he challenged the validity of the Constitution The case helped to establish what came to be known as the Oakes Test the criteria in Section 1 of the Charter that makes it clear that our rights and freedoms are subject to reasonable limits To establish that a limit is reasonable two central criteria must be satisfied1 The objective must be related to concerns which are pressing and substantial in a free and democratic society2 The means chosen must be reasonable and demonstrably justified i Rational Connection The law must be rationally connected to the objectiveii Minimal Impairment The law must not infringe a right more than is necessary to meet the objectiveiii Detriment vs Benefit The law must not have disproportionately severe effectTherefore after applying the Oakes test to the case the court found that there could be no logical conclusion that a small amount of narcotics equates to traffickingRVS DUNLAP AND SYLVESTER ABETTINGThere was a gang rape of the complainant in an isolated area where members of a motorcycle club were having a party The result was that mere presence at the scene of a crime is not enough to ground culpability as something more is needed Presence at the commission of an offence can be evidence of aiding and abetting if there is prior knowledge of attendance that there is a purpose of encouragementRVS BLAUE CHAIN OF CAUSATIONBlaue raped and stabbed a Jehovahs Witness woman She was rushed to the hospital and would have lived had she not refused the blood transfusion due to the fact that her religion abhorred the idea of prolonging human life Defense argued that the chain of causation was broken as her refusal to accept medical treatment is what ultimately caused her death The cause of death was ruled to be bleeding caused by stabbing not refusal of transfusion You take your victim as you find them He who inflicts a wound which results in death could not excuse himself by pleading that his victim could have avoided death by taking better careRVS HUMMEL STARE DECISISThe principle of stare decisis states that all lower courts in the judicial system must follow the precedent set by other courts higher in the judicial heirarchy In this case the judge had considered the same issue as the Hummel prosecution before His decision was overturned by the District Court and yet when Hummel presented himself before the court Judge Perkins held his same reasoning as in the prior case therefore deliberately ignoring the doctrine of stare decisisRVS LADUE MISTAKE OF FACTHe was convicted of fucking a dead human body claiming to have not known that the woman was dead You cannot use mistake of fact as a defense as the intent is not innocent consent could not have been obtained either way If he did not know the woman was dead he was still raping her1
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