...and dismissing Jones’ claim for damages. An appeal was granted and heard on September 29, 2011, to address the issue of Ontario law not recognizing the tort of breach of property. The following is a briefing of the court report released January 18, 2012, summarizing the primary facts, issues, and conclusions as detailed by Robert J. Sharpe J.A. FACTS Jones and Tsige were both employees of BMO, with Tsige in a position to access the personal account information of clients. Tsige and Jones were not known to each other, although Tsige was involved in a financial dispute with Jones’ former husband. Over the course of four years, Tsige accessed Jones’ account records at least 174 times, with the intention of determining whether Jones’ former husband was paying child support. Tsige admitted that this was not a legitimate reason for invading Jones’ privacy, apologized, and was subsequently disciplined by BMO. No action was made to directly compensate Jones, who asserted that her privacy protection in financial matters had been “irreversibly destroyed,” and claimed damages totalling $90,000. Justice Kevin M.V. Whitaker dismissed Jones’ claims, holding that Ontario law does not recognize a cause of action for invasion of privacy. ISSUES The primary issue is whether Ontario should recognize a common law right of action regarding cases involving the “intrusion on seclusion.” While Ontario judges have often refused to dismiss claims based on violations of privacy...
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...Brian Eco Law 202 Law & Evidence Title of Case: In Re Winship Legal Citation: 397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970) Procedural History: The District Federal Court found the defendant guilty due to the evidence that was obtained and showed during the trial. The Circuit Court of Appeals over ruled the Federal District Courts ruling because of lack of proof beyond reasonable doubt which 99% of probable cause is needed. The United States Supreme Court upheld the decision of the Circuit Court of Appeals that the need of proof beyond reasonable doubt is under the Due Process Clause which is under the fourteenth amendment. Questions: Is it necessary to need proof beyond a reasonable doubt for Due Process when a juvenile delinquent is charged with a crime that is considered an adult offense? Facts: Mr. Winship was charged with a crime of Larceny. However, Mr. Winship is a twelve-year-old boy so he would be considered as a juvenile and that larceny crime would never be charged to him. However, Mr. Winship was found guilty of the Larceny as an adult. The Circuit Court of Appeals ruling was overruled due to the lack of proof beyond a reasonable doubt. Decision: The United States Supreme Court ruled in favor of the defendant split decision to show proof beyond a reasonable doubt even being a juvenile charged with an adult offense. Judgement: The Courts found that the lesser court’s decision was correct because of the constitutional requirements for juveniles as...
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...HOW TO BRIEF A CASE [OR–WHY DIDN’T I CHOOSE TO GO TO MEDICAL SCHOOL] By Dana L. Blatt, Esq. You are just about to start law school. You buy all of your required casebooks [they are about two feet thick–only “slightly” intimidating], and you receive your first assignment. You are simply told, “read the first 100 pages in each book and BRIEF all of the cases!” O.K., you know how to read [hopefully], but what does it mean to “brief” a case? You have heard of “briefcases,” but that is something that you carry around. The last time you sang at a karaoke bar someone may have asked you to be “brief,” but instinctively you know that that is not the kind of brief that is being discussed here. And you may even be wearing “briefs.” But, what is a brief of a case? For that matter, what is a case? The purpose of this article is to teach exactly what briefs are, why they are important, and how to draft them. You will learn most of the various ways to brief a case, the basic elements of each brief, and how briefs are used in various contexts. Additionally, you will read sample cases and briefs of those cases in every format. By the time you finish reading this, you will be so sick of briefs, that you will wish this writing were much briefer! So, now let’s get down to business. What is a case? A “case” starts out as a lawsuit between two or more people. The parties to the lawsuit have a trial and one party wins while the other loses (or possibly there is no...
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... Bourland 724 F. 2d 1142 Case Brief Instructions Please note that, unlike the case you have been assigned, the cases in the text have been stripped down to a fundamental legal issue related to the chapter of study and do not contain much of the procedural aspects you may find in your case. DECIDE ON A FORMAT AND STICK TO IT: Structure is essential to a good brief. It enables you to arrange systematically the related parts that are scattered throughout most cases, thus making manageable and understandable what might otherwise seem to be an endless and unfathomable sea of information. There are, of course, an unlimited number of formats that can be utilized. However, it is best to find one that suits your needs and stick to it. Consistency breeds both efficiency and the security that when called upon you will know where to look in your brief for the information you are asked to give. Be mindful that the operative word is “brief”; ideally the case brief should be about one page in length and never over two pages. Nevertheless, it is important that a brief contain the following: TITLE AND VENUE: Identify the case name and citation in the correct format. RULE OF LAW: A statement of the general principle of law that the case illustrates in the form of a statement. Determining the rule of law of a case is a procedure similar to determining the issue of the case. Avoid being fooled by red herrings; there may be a few rules of law mentioned in the case excerpt, but usually only...
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...HOW TO BRIEF A CASE I. Distinctions A. B. II. A case brief is a dissection of a judicial opinion -- it contains a written summary of the basic components of that decision. Persuasive briefs (trial and appellate) are the formal documents a lawyer files with a court in support of his or her client’s position. Functions of case briefing A. Case briefing helps you acquire the skills of case analysis and legal reasoning. Briefing a case helps you understand it. B. Case briefing aids your memory. Briefs help you remember the cases you read (1) for class discussion, (2) for end-of-semester review for final examinations, and (3) for writing and analyzing legal problems. Do not try to memorize case briefs. Learning law is a process of problem solving through legal reasoning. Cases must be read in light of the series of cases with which they appear in your casebook or on the class syllabus. III. Briefing a case: The steps Although the exact form of your briefs may and can vary from case to case, the following parts should appear somewhere in your brief in a way that helps you understand the case and recall the needed information. 1. Read through the opinion first so you will understand the overall story and identify important facts, etc., before beginning to brief the case on paper. 2. Heading: a. b. c. d. Case name (to identify the parties) Court name Date of the decision Page number where the case appears in the textbook ...
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...Briefing a case for Business Law Briefs are written by lawyers in preparation - for exams, mediation, and trials. The purpose of a good brief is for you and your audience to be able to discern what the “meat of the coconut” in a case, quickly easily and in a short period of time. A brief contains three parts, a short statement of the facts, the decision and the reasons for the decision. a short statement of the facts The first thing to put in the brief is a short statement of the facts, answer the questions Who, What, Why, When and How. Think of yourself as a reporter trying to get “just the facts mam, just the facts”. 1. Who sued who? Who was the Plaintiff? Who was the defendant? Were their multiple parties? Who was the judge? 2. What were they arguing about? Money? Property? A legal issue? What Court were they in? 3. Why are the facts important to the case? What seem to be the most significant facts? 4. When did the case occur? If a case is very old it may no longer be current law. 5. How did the events unfold, who did what to who? In some cases will be easy to describe the facts, in others it will be more difficult, but determining the facts are where all cases begin, our system is fact based. The Holding of the Court Also known as the “Decision and Remedy.” What did the Court decide? Who won the case? Did the Court hold for the Plaintiff or Defendant? What was the court’s order? Did the Court order a new trial? Affirm the court below...
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...of the most important skills you will learn in this course is how to “brief” a case. Judges interpret the law to resolve a dispute between two parties in a civil trial. This interpretation is documented in an “opinion”. These opinions are indexed in volumes and online. Opinions can be complex and address a variety of issues in the plaintiff’s claims or claims. Using case “briefs” will help you to understand how the court interpreted the law and how that interpretation may apply to another situation. A brief of a case will contain the parties involved, the relevant facts of the case, the issue the court is deciding, the rule of law, and the courts conclusion and rationale. Instructions: Use the Temple’s online library to search for this citation: “88 F.Supp.2d 116” Access this database by following these steps: 1. Access TU Portal 2. From TU Portal, select TU Library link on the left 3. In TU Library, select Databases, and then All Databases A-Z 4. Open the LexisNexis Academic Database 5. Select Look up a Legal Case 6. Search for citation: 88 F.Supp.2d 11 This will allow you to access this cases opinion, read the opinion in entirety and answer the following questions. Question 1: What court is issuing this opinion? UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Question 2: Provide a brief description of a plaintiff? Who is the plaintiff in this case? JOHN D.R. LEONARD is plaintiff. He saw the AD which was made by Pepsi...
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...Business Law- In this unit you, Click Link Below To Buy: http://hwcampus.com/shop/business-law-in-this-unit-you/ In this unit you, you will select a case law pertaining to the topic of business entities. Each case law analysis allows you to express yourself as clearly and fully as possible in dissecting a court decision. The purpose of the assignment is two-fold: 1. To give you the opportunity to read a real court decision. 2. To challenge you to think about how you would have decided the case. In your case law analyses, you must be able to navigate the court's decision and summarize it; you are not expected to act as a judge or an advocate. Using your selected court decision, prepare an analysis that responds to the following: 1. Articulates the importance, context, purpose, and relevance of law in a business environment: • Identify the parties who are before the court. • Provide a brief background to problem. Summarize the facts in no more than 2–3 paragraphs. • Identify what is the specific disagreement between the parties. • Explain the ruling of the court in no more than 1–2 paragraphs. 2. Evaluate legal options to create a business entity. • Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision. • Compare to other types of business entities-would the party have been in a better position if they formed as a different type of legal business entity? • Do you agree with the...
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...Business Law- In this unit you, Click Link Below To Buy: http://hwcampus.com/shop/business-law-in-this-unit-you/ In this unit you, you will select a case law pertaining to the topic of business entities. Each case law analysis allows you to express yourself as clearly and fully as possible in dissecting a court decision. The purpose of the assignment is two-fold: 1. To give you the opportunity to read a real court decision. 2. To challenge you to think about how you would have decided the case. In your case law analyses, you must be able to navigate the court's decision and summarize it; you are not expected to act as a judge or an advocate. Using your selected court decision, prepare an analysis that responds to the following: 1. Articulates the importance, context, purpose, and relevance of law in a business environment: • Identify the parties who are before the court. • Provide a brief background to problem. Summarize the facts in no more than 2–3 paragraphs. • Identify what is the specific disagreement between the parties. • Explain the ruling of the court in no more than 1–2 paragraphs. 2. Evaluate legal options to create a business entity. • Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision. • Compare to other types of business entities-would the party have been in a better position if they formed as a different type of legal business entity? • Do you agree with the...
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...Criminal law 1 IN T R O D U C TI O N This chapter explains the two main sources of criminal law in the UK: legislation, that is, Acts of Parliament (or statutes), and case law. It will give you an overview of the process by which Acts of Parliament come into existence as well as introducing you to European Union legislation and the European Convention on Human Rights, both of which have an influence on the law in the UK. You will also gain an understanding of the criminal courts in which cases are heard and the systems of law reporting which allow access to the judgments of those courts. As well as exploring the sources of law, this chapter will show you how to find legislation and case law using a variety of online resources. Finally, the chapter will give a brief introduction to finding the criminal law of overseas jurisdictions. An understanding of the criminal law is important to the study of criminology as it is the criminal law that defines certain forms of conduct as criminal. This criminal law can be contained in both statute law and case law, so it is essential that you understand the origins of both and the ways in which they interrelate. You should see that the criminal law is constantly changing and evolving in response to social, political, and technological influences which manifest themselves in new statutes or judicial interpretation of existing law. If you are studying criminology as an option on a law degree, then the content of this chapter should already...
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...Precedent and the Court Structure The law in the UK is made up of primarily two sources: statute and precedent. Although judges are required to apply statute - interpretation of statute follows common law principles including precedents. Precedents are a concept in common law (England and Wales and other English speaking countries – US, Canada (except Quebec), Gibralter, Hong Kong etc) whereby a previous case if similar (in facts) is used to provide a consistent basis for decisions. Precedents are "binding" on a lower court that is to say they must be followed by a lower court if the decision was made by a higher court. They should also be followed by that court itself. The Latin term Stare Decisis (to maintain what has already been decided) is used to define this. When a judgement is handed down by a judge it is in two parts 1. the ratio decidendi (the reason why) and 2. the orbita dictum (said by the way). The ratio decidendi is binding. The orbita dictum can be cited as persuasive but is not binding. Similarly a lower courts decision can be persuasive to a higher court but is not binding. The general concepts of the above are referred to as "case law" and help to develop and modify the law. Subsequently a great part of the work of a lawyer in a trial is to show how the facts of the particular case differ or resemble other cases to make their points of law in front of the court. In civil law precedent is not followed in the same way and judges theoretically use...
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...1) Teddy’s Supplies’ CEO has asked you to advise him on the facts of the case and your opinion of their potential liability. He wants to settle the case. Write a memo to him which states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws which apply and any precedential cases either for or against Teddy’s case which impact liability. Include in the memo your suggested “offer of settlement” to Virginia. Back up your offer using your analysis of the case against Teddy’s. Ms. Pollard was involuntarily transferred to a different environment, working in a warehouse surrounded by all men. Although she was transferred because she needed to be in an environment in which she would not be making so many personal calls, she never asked to be relocated to the warehouse. Being that Ms. Pollard could not report the events to her direct supervisor because he was involved in the incidents, she attempted to file an anonymous complaint online but the website was not working. Teddy’s needs to ensure that their website is working properly at all times in order to avoid this type of situation. The case states that Ms. Pollard’s supervisor (Steve King) rarely enforced any of Teddy’s rules to include smoking, horseplay, foul language and sexual harassment. This does not vie well for Teddy’s because he is already known for being a lenient boss. It does not mention that Steve King’s supervisor ever had a conversation with him regarding...
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...Review the Virginia Pollard case information located at the beginning of this project: You Decide ES. (If you click here, you will return to the face-sheet of the project area. To return to this page, click the Begin button again. You can do this all week.) To do well on this project, study the readings for this week and consider the work we did in Week 5. You may want to do some outside research for this project as well, reviewing recent case law on discrimination and harassment and including that in your answers to the project. Do not discuss this project with your classmates. You should do the work on your own. This project is "pooled," meaning your classmates may have different questions than you do. This project is worth 100 points toward your final grade. You can access this area all week and continue updating your answers until the end of the week – be sure to hit "save answers" before leaving each time! When you are done working on the project, hit "Submit for grade," and then it will be available in the grade book for grading. Your role in answering the questions: You are the independent human resources consultant hired by Teddy's Supplies to help explain to the company what the case against them will entail. You have gleaned the facts from your investigations into the situation to date. You have never talked with Virginia Pollard. The case is currently in the appeals stage and the company executives have some questions for you. Answer them using the most recent legal...
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...Introduction to Law and Legal Reasoning Answers to Questions in the Reviewing Feature AT THE END OF THE CHAPTER 1A. PARTIES The automobile manufacturers are the plaintiffs, and the state of California is the defendant. 2A. Remedy The plaintiffs are seeking an injunction, an equitable remedy, to prevent the state of California from enforcing its statute restricting carbon dioxide emissions. 3A. Source of law This case involves a law passed by the California legislature and a federal statute; thus the primary source of law is statutory law. 4A. Finding the law Federal statutes are found in the United States Code, and California statutes are published in the California Code. You would look in these sources to find the relevant state and federal statutes. Answer to Debate This Question in the Reviewing Feature at the End of the Chapter UNDER THE DOCTRINE OF STARE DECISIS, COURTS ARE OBLIGATED TO FOLLOW THE PRECEDENTS ESTABLISHED IN THEIR JURISDICTIONS UNLESS THERE IS A COMPELLING REASON NOT TO. SHOULD U.S. COURTS CONTINUE TO ADHERE TO THIS COMMON LAW PRINCIPLE, GIVEN THAT OUR GOVERNMENT NOW REGULATES SO MANY AREAS BY STATUTE? BOTH ENGLAND AND THE U.S. LEGAL SYSTEMS WERE CONSTRUCTED ON THE COMMON LAW SYSTEM. THE DOCTRINE OF STARE DECISIS HAS ALWAYS BEEN A MAJOR PART OF THIS SYSTEM—COURTS SHOULD FOLLOW PRECEDENTS WHEN THEY ARE CLEARLY ESTABLISHED, EXCEPTED UNDER COMPELLING REASONS. EVEN THOUGH MORE COMMON LAW IS BEING TURNED INTO STATUTORY LAW, THE DOCTRINE...
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...Business Law 7/13/2014 Week 1 Professor McGovern Common Law is The ancient law of England based upon societal customs and recognized and enforced by the judgments and decrees of the courts. The general body of statutes and case law that governed England and the American colonies prior to the American Revolution. The principles and rules of action, embodied in case law rather than legislative enactments, applicable to the government and protection of persons and property that derive their authority from the community customs and traditions that evolved over the centuries as interpreted by judicial tribunals. Common-law courts base their decisions on prior judicial pronouncements rather than on legislative enactments. Where a statute governs the dispute, judicial interpretation of that statute determines how the law applies. Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law. Common-law judges find the grounds for their decisions in law reports, which contain decisions of past controversies. Under the doctrine of Stare Decisis, common-law judges are obliged to adhere to previously decided cases, or precedents, where the facts are substantially the same. A court's decision is binding authority for similar cases decided by the same court or by lower courts within the same jurisdiction. The decision is not binding on courts of higher rank within that jurisdiction or in...
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