What to know and Wally Brogue Case
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HOmework - Files
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Homework
Case Study Report
Law 12 - Mr. Liu
Case Study Write Up Guideline
This is your case study report for your mock trial. Your case study report will be approximately two pages typed single space (12 size font Times New Roman OR Adobe Garamond Pro) -2 if in a different format. Complete this report depending on which side you have been assigned.
Section 1: Opening Statement: Introductions, Hook, Case Background, Pleas /5
Section 2:
· Facts of the case (what transpired between the parties involved before the case was brought to court) What evidence pieces have been collected and why they are important
· Explain the situation, process, location and time. You must carefully set out a plan. What will be observed or investigated? /5
Section 3: Your plan on how you will proceed - The language you use in your plan must be clear. The terminology and vocabulary must be identical to those used in the criminal code / Precedents cases you’ve researched. /5
Section 4:
For each of the six witnesses prepare one paragraph
Include the questions that you would address in front of the court in this specific case - for each Witness Crown and Defence.
What would you include to trap them, or prove the defendant’s innocence? /20
TOTAL /35
Test Thursday Chapters 7-8
Questions will come from your 3 note Packages and some portions of the textbook
Key Sections in Chapter 7:
- 7.2 Appearance Notice, Summons, 7.4 Rights on being detained, Rights upon arrest,
7.7 Disclosure pros and cons, Court Appearances, The plea, Preliminary Hearing,
Key Sections in Chapter 8:
8.2 Court roles, 8.3 Juries and pros and cons of a jury system, stay of procedings (219) 8.3 Advantages of Judge vs Jury, Jury selection 8.4 Arraignment,
ALL 3 Note Packages
Including the following below
Objections:
Leading question – A question that suggests to a witness a particular answer. Such a question is not allowed during direct examination. During cross examination it is allowed only if it pertained to previous testimony.
Hearsay statements – Evidence given by a witness based on info received from someone else rather than personal knowledge. Inadmissible in court!
Opinion statements – A witness cannot be asked their opinion on something unless they are an expert in the field.
Immaterial/Irrelevant questions – A question that has no bearing on the case.
Non-Response answers – When a witness doesn’t answer the question given, and has to be directed to do so by the judge.
"Objection, your Honor, the question is ambiguous."
A question is ambiguous if:
It may be misunderstood by the witness. It is objectionable on the ground that it may take on more than one meaning.
"Objection, your Honor, the question is argumentative."
A question is argumentative if:
It is asked for the purpose of persuading the jury or the judge, rather than to elicit information.
It calls for an argument in answer to an argument contained in the question.
It calls for no new facts, but merely asks the witness to concede to inferences drawn by the examiner from proved or assumed facts.
"Objection, your Honor, the question has been asked and answered."
A question may be objectionable on the ground that
The witness has already answered a substantially similar question asked by the same attorney on the same subject matter.
"Objections, your Honor, the question assumes facts not in evidence."
A question assumes facts not in evidence if:
It presumes unproved facts to be true. Example: "When did you stop beating your wife?" This question assumes that the person has beaten his wife.
"Objection, your Honor, the question is compound."
A question is objectionable on the ground that it is compound if:
It joins two or more questions ordinarily joined with the word "or" or the word "and."
"Objection, your Honor, the question is too general."
A question is too general, broad, or indefinite, if:
It permits the witness to respond with testimony which may be irrelevant or otherwise inadmissible. Each question should limit the witness to a specific answer on a specific subject.
"Objection, your Honor, the question is hearsay."
A question is hearsay if:
It invites the witness to offer an out-of-court statement to prove the truth of some matter in court. There are many exceptions to the hearsay rule.
A question is irrelevant if:
It invites or causes the witness to give evidence not related to the facts of the case at hand.
"Objection, your Honor, the question is leading."
A question is leading if:
It is one that suggests to the witness the answer the examining party desires. However, this type of question is allowed on cross-examination of a witness.
"Objection, your Honor, the question mis-states the evidence."
A question misstates the evidence if:
It misstates or misquotes the testimony of a witness or any other evidence produced at a hearing or at a trial.
"Objection, your Honor, the question calls for speculation."
A question is speculative if:
It invites or causes the witness to speculate or answer on the basis of conjecture.
Direct evidence – testimony by a witness to prove an alleged fact. (EYEwitness)
Circumstantial evidence – indirect evidence that leads to a reasonable inference of the defendant’s guilt. To be admissible the defendant’s guilt must be a conclusion drawn from the evidence.
Character evidence – establishes the likelihood that the defendant is the type of person who either would or would not commit a certain offence. The Crown is not allowed to attack the defendant’s character but the defence is allowed to show the defendant’s good character. Once done however, the Crown can rebut this evidence by using the defendant’s past convictions.
Voir Dire - A trial within a trial where the jurors are excluded while the admissibility of evidence is discussed
Appeals
The ability to appeal is an important safeguard in our system.
Notice of an appeal must be filed quickly, usually within 30 days.
An appeals court hearing the case can affirm the lower court’s decision, reverse it or order a new trial.
Both the defence and the Crown can appeal a case it considers improper. They can appeal the decision or the sentence.
The side that files the appeal is called the appellant, the responding side is called the respondent.
-=-=-=-=-=-=---=-=-=-=-=-=--=-=-=-=-=-=---=-=-=-=-=-=--=-=-=-=-=-=---=-=-=-=-=-=--=-=-=-=-=-=---=-=-=-=-=-=--=-=-=-=-=-=---=-=-=-=-=-=--=-=-=-=-=-=---=-=-=-=-=-=-
Due Thursday: Page 209 #1-10
Chapter 4,5,6 Test on Wednesday
What are the stipulations of a crime:
- action that harms others
- action violates the basic values of society
Criminal Code: What is it? - Defines specific offences that are considered crimes
- Summary convictions (2000$/6 months in jail) vs Indictable offence (Serious offences - Max Life)
- Hybrid Offences (count as both) page 107
Terms for Chapter 4 : Elements of a Crime
Knowledge, Motive, Recklessness, Attempt, Conspiracy, Aiding and Abbetting, Accessory after the Fact,
- Actus Reus (Action) vs Mens Rea (Evil Intent)
Chapter 5: Homicide (Culpable cs Non-culpable)
- 1st Degree Murder (Planned and Deliberate) vs 2nd Degree Murder (Non-Planned)
- Assault and the Levels (Assault, Assault Causing Bodily harm, Aggravated Assault)
- Abduction, Robbery = theft involving violence),
- Weapons (Prohibited vs Restricted)
- Obscenity (Exposure of self, degraded or dehumanizing another human being)
-Arson (Fire)
- Theft
- Break and Enter
- Fraud
Chapter 6
What counts as...
- Possession
- Double Doctoring, Prescription Shopping
- Trafficking
- Importing / Exporting
-=-=-=-=-=---=-=-=-=-=---=-=-=-=-=---=-=-=-=-=---=-=-=-=-=---=-=-=-=-=---=-=-=-=-=---=-=-=-=-=---=-=-=-=-=---=-=-=-=-=---=-=-=-=-=--
Page 158 #1-5abcdef
Criminal Code Worksheet and Glossary Matching due tomorrow: April 3rd
Homework March 6th Page 113 #1-9
Homework: March 5th
Page 105 #1-5
Chapter 2
- Human Rights (Justify the Importance)
- Bill of Rights
- What it is, When It was enacted, What ties to other counties, Why was it important at that time?
- (Diefenbaker's role in the Bill of rights)
Canadian Charter of Rights and Freedoms (Who was involved in creating it, When it was)
- How it is different that the Bill of Rights (Which is better and Why)
- Not Withstanding clause and when it's been used in Canadian history
- Sections Titles and Title Numbers
- Differences between: Prejudice, Discrimination, and Stereotyping
- Intention Discrimination, Unintentional Discrimination
Entrenched, Infringed,
Page #62 #1-5
Homework Page #47 Questions 47 at the bottom of the page
Homework Page 60 #1-5
Finish BLM 2-3, 2-7
Test Wednesday: Chapter 1Law and Its Functions
- Clearly distinguish between a rule and a law, using examples to support your answer.
- Why are laws necessary in society?
- List and briefly explain the four main functions of the law.
Divisions of the Law
- Clearly distinguish between the terms substantive and procedural law.
- List and briefly describe the three types of public law. List and briefly describe the five types of private, or civil, law.
- In criminal law, who are the parties involved at trial? In civil law, who are the parties involved at trial?
- How does the burden of proof differ between criminal and civil trials?
The Early History of Law
- Why is Hammurabi’s Code important to our understanding of the history of law?
- How did Mosaic law differ from Hammurabi’s Code? In what ways were they similar?
- Clearly distinguish between the concepts of retribution and restitution.
- What is the Justinian Code? What is the Napoleonic Code? Why are the Justinian and Napoleonic Codes significant to law in Canada today?
The Development of Canadian Law
- What two legal systems exist in Canada today?
- Rule of precedent and its Pros and Cons
- What is a citation? How do you distinguish between a criminal law and civil law citation?
- What is meant by the term “Rule of Law”?
- Distinguish between the terms statute law and case law.
Know all Terms:
International Trade, Sovereignty, Independence, Freedom of the Seas, Defendant, Self-Defence, International Responsibility, The Protection of Nationals Abroad, Extradition and Asylum, Humanitarianism, Arms Control, Habeas Corpus, Crown Attorney, Bill, Precedents, Sanctions, Citation
Quiz Tomorrow: Know these Terms
International Trade, Sovereignty, Independence, Freedom of the Seas, Defendant, Self-Defence, International Responsibility, The Protection of Nationals Abroad, Extradition and Asylum, Humanitarianism, Arms Control, Habeas Corpus, Crown Attorney, Bill, Precedents, Sanctions, Citation
Homework: February 5th
Page 11 #1-2
Page 12 #1-3
Law 12 - Mr. Liu
Case Study Write Up Guideline
This is your case study report for your mock trial. Your case study report will be approximately two pages typed single space (12 size font Times New Roman OR Adobe Garamond Pro) -2 if in a different format. Complete this report depending on which side you have been assigned.
Section 1: Opening Statement: Introductions, Hook, Case Background, Pleas /5
Section 2:
· Facts of the case (what transpired between the parties involved before the case was brought to court) What evidence pieces have been collected and why they are important
· Explain the situation, process, location and time. You must carefully set out a plan. What will be observed or investigated? /5
Section 3: Your plan on how you will proceed - The language you use in your plan must be clear. The terminology and vocabulary must be identical to those used in the criminal code / Precedents cases you’ve researched. /5
Section 4:
For each of the six witnesses prepare one paragraph
Include the questions that you would address in front of the court in this specific case - for each Witness Crown and Defence.
What would you include to trap them, or prove the defendant’s innocence? /20
TOTAL /35
Test Thursday Chapters 7-8
Questions will come from your 3 note Packages and some portions of the textbook
Key Sections in Chapter 7:
- 7.2 Appearance Notice, Summons, 7.4 Rights on being detained, Rights upon arrest,
7.7 Disclosure pros and cons, Court Appearances, The plea, Preliminary Hearing,
Key Sections in Chapter 8:
8.2 Court roles, 8.3 Juries and pros and cons of a jury system, stay of procedings (219) 8.3 Advantages of Judge vs Jury, Jury selection 8.4 Arraignment,
ALL 3 Note Packages
Including the following below
Objections:
Leading question – A question that suggests to a witness a particular answer. Such a question is not allowed during direct examination. During cross examination it is allowed only if it pertained to previous testimony.
Hearsay statements – Evidence given by a witness based on info received from someone else rather than personal knowledge. Inadmissible in court!
Opinion statements – A witness cannot be asked their opinion on something unless they are an expert in the field.
Immaterial/Irrelevant questions – A question that has no bearing on the case.
Non-Response answers – When a witness doesn’t answer the question given, and has to be directed to do so by the judge.
"Objection, your Honor, the question is ambiguous."
A question is ambiguous if:
It may be misunderstood by the witness. It is objectionable on the ground that it may take on more than one meaning.
"Objection, your Honor, the question is argumentative."
A question is argumentative if:
It is asked for the purpose of persuading the jury or the judge, rather than to elicit information.
It calls for an argument in answer to an argument contained in the question.
It calls for no new facts, but merely asks the witness to concede to inferences drawn by the examiner from proved or assumed facts.
"Objection, your Honor, the question has been asked and answered."
A question may be objectionable on the ground that
The witness has already answered a substantially similar question asked by the same attorney on the same subject matter.
"Objections, your Honor, the question assumes facts not in evidence."
A question assumes facts not in evidence if:
It presumes unproved facts to be true. Example: "When did you stop beating your wife?" This question assumes that the person has beaten his wife.
"Objection, your Honor, the question is compound."
A question is objectionable on the ground that it is compound if:
It joins two or more questions ordinarily joined with the word "or" or the word "and."
"Objection, your Honor, the question is too general."
A question is too general, broad, or indefinite, if:
It permits the witness to respond with testimony which may be irrelevant or otherwise inadmissible. Each question should limit the witness to a specific answer on a specific subject.
"Objection, your Honor, the question is hearsay."
A question is hearsay if:
It invites the witness to offer an out-of-court statement to prove the truth of some matter in court. There are many exceptions to the hearsay rule.
A question is irrelevant if:
It invites or causes the witness to give evidence not related to the facts of the case at hand.
"Objection, your Honor, the question is leading."
A question is leading if:
It is one that suggests to the witness the answer the examining party desires. However, this type of question is allowed on cross-examination of a witness.
"Objection, your Honor, the question mis-states the evidence."
A question misstates the evidence if:
It misstates or misquotes the testimony of a witness or any other evidence produced at a hearing or at a trial.
"Objection, your Honor, the question calls for speculation."
A question is speculative if:
It invites or causes the witness to speculate or answer on the basis of conjecture.
Direct evidence – testimony by a witness to prove an alleged fact. (EYEwitness)
Circumstantial evidence – indirect evidence that leads to a reasonable inference of the defendant’s guilt. To be admissible the defendant’s guilt must be a conclusion drawn from the evidence.
Character evidence – establishes the likelihood that the defendant is the type of person who either would or would not commit a certain offence. The Crown is not allowed to attack the defendant’s character but the defence is allowed to show the defendant’s good character. Once done however, the Crown can rebut this evidence by using the defendant’s past convictions.
Voir Dire - A trial within a trial where the jurors are excluded while the admissibility of evidence is discussed
Appeals
The ability to appeal is an important safeguard in our system.
Notice of an appeal must be filed quickly, usually within 30 days.
An appeals court hearing the case can affirm the lower court’s decision, reverse it or order a new trial.
Both the defence and the Crown can appeal a case it considers improper. They can appeal the decision or the sentence.
The side that files the appeal is called the appellant, the responding side is called the respondent.
-=-=-=-=-=-=---=-=-=-=-=-=--=-=-=-=-=-=---=-=-=-=-=-=--=-=-=-=-=-=---=-=-=-=-=-=--=-=-=-=-=-=---=-=-=-=-=-=--=-=-=-=-=-=---=-=-=-=-=-=--=-=-=-=-=-=---=-=-=-=-=-=-
Due Thursday: Page 209 #1-10
Chapter 4,5,6 Test on Wednesday
What are the stipulations of a crime:
- action that harms others
- action violates the basic values of society
Criminal Code: What is it? - Defines specific offences that are considered crimes
- Summary convictions (2000$/6 months in jail) vs Indictable offence (Serious offences - Max Life)
- Hybrid Offences (count as both) page 107
Terms for Chapter 4 : Elements of a Crime
Knowledge, Motive, Recklessness, Attempt, Conspiracy, Aiding and Abbetting, Accessory after the Fact,
- Actus Reus (Action) vs Mens Rea (Evil Intent)
Chapter 5: Homicide (Culpable cs Non-culpable)
- 1st Degree Murder (Planned and Deliberate) vs 2nd Degree Murder (Non-Planned)
- Assault and the Levels (Assault, Assault Causing Bodily harm, Aggravated Assault)
- Abduction, Robbery = theft involving violence),
- Weapons (Prohibited vs Restricted)
- Obscenity (Exposure of self, degraded or dehumanizing another human being)
-Arson (Fire)
- Theft
- Break and Enter
- Fraud
Chapter 6
What counts as...
- Possession
- Double Doctoring, Prescription Shopping
- Trafficking
- Importing / Exporting
-=-=-=-=-=---=-=-=-=-=---=-=-=-=-=---=-=-=-=-=---=-=-=-=-=---=-=-=-=-=---=-=-=-=-=---=-=-=-=-=---=-=-=-=-=---=-=-=-=-=---=-=-=-=-=--
Page 158 #1-5abcdef
Criminal Code Worksheet and Glossary Matching due tomorrow: April 3rd
Homework March 6th Page 113 #1-9
Homework: March 5th
Page 105 #1-5
Chapter 2
- Human Rights (Justify the Importance)
- Bill of Rights
- What it is, When It was enacted, What ties to other counties, Why was it important at that time?
- (Diefenbaker's role in the Bill of rights)
Canadian Charter of Rights and Freedoms (Who was involved in creating it, When it was)
- How it is different that the Bill of Rights (Which is better and Why)
- Not Withstanding clause and when it's been used in Canadian history
- Sections Titles and Title Numbers
- Differences between: Prejudice, Discrimination, and Stereotyping
- Intention Discrimination, Unintentional Discrimination
Entrenched, Infringed,
Page #62 #1-5
Homework Page #47 Questions 47 at the bottom of the page
Homework Page 60 #1-5
Finish BLM 2-3, 2-7
Test Wednesday: Chapter 1Law and Its Functions
- Clearly distinguish between a rule and a law, using examples to support your answer.
- Why are laws necessary in society?
- List and briefly explain the four main functions of the law.
Divisions of the Law
- Clearly distinguish between the terms substantive and procedural law.
- List and briefly describe the three types of public law. List and briefly describe the five types of private, or civil, law.
- In criminal law, who are the parties involved at trial? In civil law, who are the parties involved at trial?
- How does the burden of proof differ between criminal and civil trials?
The Early History of Law
- Why is Hammurabi’s Code important to our understanding of the history of law?
- How did Mosaic law differ from Hammurabi’s Code? In what ways were they similar?
- Clearly distinguish between the concepts of retribution and restitution.
- What is the Justinian Code? What is the Napoleonic Code? Why are the Justinian and Napoleonic Codes significant to law in Canada today?
The Development of Canadian Law
- What two legal systems exist in Canada today?
- Rule of precedent and its Pros and Cons
- What is a citation? How do you distinguish between a criminal law and civil law citation?
- What is meant by the term “Rule of Law”?
- Distinguish between the terms statute law and case law.
Know all Terms:
International Trade, Sovereignty, Independence, Freedom of the Seas, Defendant, Self-Defence, International Responsibility, The Protection of Nationals Abroad, Extradition and Asylum, Humanitarianism, Arms Control, Habeas Corpus, Crown Attorney, Bill, Precedents, Sanctions, Citation
Quiz Tomorrow: Know these Terms
International Trade, Sovereignty, Independence, Freedom of the Seas, Defendant, Self-Defence, International Responsibility, The Protection of Nationals Abroad, Extradition and Asylum, Humanitarianism, Arms Control, Habeas Corpus, Crown Attorney, Bill, Precedents, Sanctions, Citation
Homework: February 5th
Page 11 #1-2
Page 12 #1-3