9:15 - 11:50 C Block Social and Environmental Sciences
12:30 - 3:05 B Block Legal Studies
C Block Social and Environmental Sciences - Today, with Benton, the focus will be on Mountains, Ice and snow. Today you'll look at succession rates connected to ecosystems and energy flow (primary production and then also succession). To help:
With Young today we'll try to answer why mountains are sacred and find out why Mauna Kea is an example of a clash of worldviews. You'll have three things to read for me this week:
The Heart of the Hawaiian Peoples’ Arguments Against the Telescope on Mauna Kea By Doug Herman
Sacred Mountains Sources of Indigenous Revival and Sustenance by Edwin Bernbaum
A New Way for Stewardship of Mother Earth: Indigeneity by Doug Herman
and then these will help too:
Hundreds Continue to Gather at Mauna Kea by Chris Swartz
Indigenous Religious Traditions Sacred Land Project Mauna Kea
The Heart of the Hawaiian Peoples’ Arguments Against the Telescope on Mauna Kea By Doug Herman
Sacred Mountains Sources of Indigenous Revival and Sustenance by Edwin Bernbaum
A New Way for Stewardship of Mother Earth: Indigeneity by Doug Herman
and then these will help too:
Hundreds Continue to Gather at Mauna Kea by Chris Swartz
Indigenous Religious Traditions Sacred Land Project Mauna Kea
After we get a sense of where the Hawaiian Islands are and the people who first inhabited them. Kanaka Maoli (Native Hawaiians) are the aboriginal people (and their descendants) of the Hawaiian islands. Their ancestors were the original Polynesians who sailed to Hawai’i and settled the islands around the 5th century AD. For Kanaka Maoli , according to tradition, the roots and fruits that provide for the next generations come from “Wao Akua”, the realm of the gods, the upper forested regions of the island watersheds...from places like Mauna O Wakea. Yesterday we talked about Mauna Kea being sacred because it is the piko, or umbilical cord that connects the Creator to the people of Hawai’i. It is the place where the sky god, Wakea, met with Papahānaumoku, the earth goddess, leading to the creation of the islands. What is myth? From PBS
So, several hundred Kanaka Maoli and Hawaiian rights activists have been camped at the foot of Mauna Kea, blocking the only road to the top of the mountain. That has kept construction equipment from reaching the summit to start building a $1.4 billion Thirty Meter Telescope, and it has forced other scientific facilities at the summit to shut down. Protesters say the construction of the other telescopes on Mauna Kea desecrated the mountain, and they do not trust promises that the Thirty Meter Telescope will be the last one built — assurances they say they have heard before. They are concerned about any further alterations to the summit. It's not all about Wao Akua...so what's it about?
Today, I'll give you some articles to take a read together. You should make notes on the sides so we can answer some questions on Thursday.
Myths are stories that are based on tradition. Some may have factual origins, while others are completely fictional. But myths are more than mere stories and they serve a more profound purpose in ancient and modern cultures. Myths are sacred tales that explain the world and man's experience. Myths are as relevant to us today as they were to the ancients. Myths answer timeless questions and serve as a compass to each generation.
Today, I'll give you some articles to take a read together. You should make notes on the sides so we can answer some questions on Thursday.
B Block Legal Studies - To start today, in order to help with your project, we'll continue our look at violent crimes this time focusing on assault. In Canada, there are three levels of assault, based on the level of severity and corresponding penalties:
Level One: assault (max penalty 5 years)
Level Two: assault causing bodily harm (max penalty 10 years)
Level Three: aggravated assault (max penalty 14 years)
These levels are identified in section 265 of the Criminal Code. All assaults have two common elements:
1. The accused must have intent to carry out the attack and cause harm.
2. There must be no consent by the victim (for example, as in a boxing match).
To help...
CC 265 Assault
Any unwanted application of force against another person
Level 1 simple assault
Level 2 assault causing bodily harm
Level 3 aggravated assault
PLEASE REMEMBER...we are a high school law class and not in first year law at university. If you would like, you can check out The Canadian Legal Research and Writing Guide which has a section on writing legal memorandums (they even have a sample memorandum of law you could look at for formatting or you could check this sample here too).
Implying death ( bodily harm or burning property (burn/destroy) *Must be
believable and Must be imminent
CC 265 Assault
Any unwanted application of force against another person
Level 1 simple assault
Level 2 assault causing bodily harm
Level 3 aggravated assault
For the remainder of the block we're off to the library for researching charges, defenses to charges and punishments for your case memo assignment. Here's the format...
How to Write and Format a Legal Memo - The legal memorandum is the most formal, polished, and comprehensive written document for reporting the results of legal research. It summarizes and analyses the relevant law and applies it to a particular fact situation. In practice, the memorandum can be a crucial document to a case or file. It explains a specific area of law, analyzes a given fact pattern in light of the law, and makes a recommendation for a course of action based on the analysis. Writing a legal memorandum requires that you think like a lawyer. Accordingly, given its importance and potential uses, your memorandum should adhere to the hallmarks of excellent legal writing, including organisation. A well-organised memorandum conveys a lucid, methodical way of thinking about the problem. When structuring your memorandum, you should show that your writing is a transparent window into your thoughts. There is no one right way to organize a memorandum; you can appropriately structure your memorandum in many ways. For the purposes of this assignment, however, you can use the following template
Legal Memo Model Template Memorandum
TO: Assigning Lawyer
FROM: You
DATE: When Memo is Due
RE: [Case/Matter Number] [Client Name] [Matter Name] – [Subject of Memo]
Summary of Assignment: This is a brief summary regarding the memo. Lawyers are often busy, juggling dozens of cases at once. They might not immediately recall why they asked you to investigate the matter at hand. A quick summary will help jog their memory. Describe the context. State briefly what you have been asked to do and why (e.g., upcoming court appearance, client seeking legal opinion, legal question arising from draft agreement, proposed legislation, bench memo for a pending case).
Here is an Example: [As per our discussion on (date)]/[In response to your email request on (date)], this is a discussion on the state of the law regarding…
Issues Presented
1. Whether [issue X applies to this situation]
2. Whether [issue Y applies to this situation]
Short Answers
1. Yes, [short explanation].
2. No, [short explanation].
These are short answers. Often new lawyers want to expand, clarify, and qualify themselves here. This is not the place for that. This is where you take a stand and state your opinion in two or three sentences. There will be time to address all aspects of the issues in the main portion of the memo.
Facts: Present an overview of the case/matter at hand. State the legal question(s) asked or the issue(s) considered in the memorandum. They map your approach to the problem. Make sure to include details that are of importance to the specific issues presented. Summarize all legally relevant facts as you understand them. If appropriate, do so in a chart, table, or diagram. In any case, be concise and precise. Chronological order is often most helpful (unless another order seems more logical and makes the information clearer, such as grouping sets of facts that raise separate issues). Separating and numbering the facts might make them more understandable. If there is some disagreement or uncertainty about the facts, say so and state both sides. Articulate briefly, clearly, simply, concisely, precisely, and accurately. Break down each question into all relevant sub-issues. Present separately issues and sub-issues as questions. Deal with pivotal issues first. List issues and related sub-issues in a logical order.
Discussion: Describe the relevant law (e.g., legislation, cases) and commentary on the law (e.g., texts, encyclopedias, policy statements), then apply them to the facts of your case. Analyse each issue separately. Show your reasoning, using a step-by-step approach. Address fairly any arguments on both sides of an issue. Identify any pertinent missing information and potentially outstanding issues. Anticipate what positions and counterarguments might be advanced by the opposing side. Make any suitable recommendations about a course of action. Be creative. Think strategically. Focus on getting results. Give an opinion on the strengths and weaknesses of your position. Present persuasively the best arguments based on any relevant legislation and common law principles. Show your reasoning. Reach a conclusion. Ensure that it is supported by the law. [Subheading – first issue] Generally speaking, always lead with the most important issue first. [Subheading – second issue] Address second issue here.
Conclusion: This part is a terse summary of your answers to the issues you have identified above based on your assessment of the likely application of the law to your case. Answer the question(s). Be direct, clear, and complete. Do not be indecisive, hesitant, or inconclusive. Take a stand. Identify any doubts about the outcome. Any qualifications of your opinion should be based on reason and supported by the law. Do not reiterate your legal analysis. Do not introduce “new” information (i.e., information that does not appear in your discussion). Wrap it up with a statement of what you expect happen. “Given the case law and the facts of this particular matter, issue 1 should…”
How to Write and Format a Legal Memo - The legal memorandum is the most formal, polished, and comprehensive written document for reporting the results of legal research. It summarizes and analyses the relevant law and applies it to a particular fact situation. In practice, the memorandum can be a crucial document to a case or file. It explains a specific area of law, analyzes a given fact pattern in light of the law, and makes a recommendation for a course of action based on the analysis. Writing a legal memorandum requires that you think like a lawyer. Accordingly, given its importance and potential uses, your memorandum should adhere to the hallmarks of excellent legal writing, including organisation. A well-organised memorandum conveys a lucid, methodical way of thinking about the problem. When structuring your memorandum, you should show that your writing is a transparent window into your thoughts. There is no one right way to organize a memorandum; you can appropriately structure your memorandum in many ways. For the purposes of this assignment, however, you can use the following template
Legal Memo Model Template Memorandum
TO: Assigning Lawyer
FROM: You
DATE: When Memo is Due
RE: [Case/Matter Number] [Client Name] [Matter Name] – [Subject of Memo]
Summary of Assignment: This is a brief summary regarding the memo. Lawyers are often busy, juggling dozens of cases at once. They might not immediately recall why they asked you to investigate the matter at hand. A quick summary will help jog their memory. Describe the context. State briefly what you have been asked to do and why (e.g., upcoming court appearance, client seeking legal opinion, legal question arising from draft agreement, proposed legislation, bench memo for a pending case).
Here is an Example: [As per our discussion on (date)]/[In response to your email request on (date)], this is a discussion on the state of the law regarding…
Issues Presented
1. Whether [issue X applies to this situation]
2. Whether [issue Y applies to this situation]
Short Answers
1. Yes, [short explanation].
2. No, [short explanation].
These are short answers. Often new lawyers want to expand, clarify, and qualify themselves here. This is not the place for that. This is where you take a stand and state your opinion in two or three sentences. There will be time to address all aspects of the issues in the main portion of the memo.
Facts: Present an overview of the case/matter at hand. State the legal question(s) asked or the issue(s) considered in the memorandum. They map your approach to the problem. Make sure to include details that are of importance to the specific issues presented. Summarize all legally relevant facts as you understand them. If appropriate, do so in a chart, table, or diagram. In any case, be concise and precise. Chronological order is often most helpful (unless another order seems more logical and makes the information clearer, such as grouping sets of facts that raise separate issues). Separating and numbering the facts might make them more understandable. If there is some disagreement or uncertainty about the facts, say so and state both sides. Articulate briefly, clearly, simply, concisely, precisely, and accurately. Break down each question into all relevant sub-issues. Present separately issues and sub-issues as questions. Deal with pivotal issues first. List issues and related sub-issues in a logical order.
Discussion: Describe the relevant law (e.g., legislation, cases) and commentary on the law (e.g., texts, encyclopedias, policy statements), then apply them to the facts of your case. Analyse each issue separately. Show your reasoning, using a step-by-step approach. Address fairly any arguments on both sides of an issue. Identify any pertinent missing information and potentially outstanding issues. Anticipate what positions and counterarguments might be advanced by the opposing side. Make any suitable recommendations about a course of action. Be creative. Think strategically. Focus on getting results. Give an opinion on the strengths and weaknesses of your position. Present persuasively the best arguments based on any relevant legislation and common law principles. Show your reasoning. Reach a conclusion. Ensure that it is supported by the law. [Subheading – first issue] Generally speaking, always lead with the most important issue first. [Subheading – second issue] Address second issue here.
Conclusion: This part is a terse summary of your answers to the issues you have identified above based on your assessment of the likely application of the law to your case. Answer the question(s). Be direct, clear, and complete. Do not be indecisive, hesitant, or inconclusive. Take a stand. Identify any doubts about the outcome. Any qualifications of your opinion should be based on reason and supported by the law. Do not reiterate your legal analysis. Do not introduce “new” information (i.e., information that does not appear in your discussion). Wrap it up with a statement of what you expect happen. “Given the case law and the facts of this particular matter, issue 1 should…”
Sources Consulted: List the authorities you reviewed, starting on a new page, or add a completed standard checklist of sources consulted. Include full, accurate citations for cases and secondary sources for current and future reference. Identify any helpful Web sites visited. List your sources in a logical order
PLEASE REMEMBER...we are a high school law class and not in first year law at university. If you would like, you can check out The Canadian Legal Research and Writing Guide which has a section on writing legal memorandums (they even have a sample memorandum of law you could look at for formatting or you could check this sample here too).
So for case 1 (Corley Forrest) consider this as a structure/start
Issues Presented:
- Whether Corley Forrest should lawfully be charged with Possession of a Prohibited Substance under the Controlled Drug and Substances Act of Canada. R.S.C. 1996, c. 19 , s. 4 (1)
- Whether Corley Forrest should lawfully be charged with Trafficking in a Prohibited Substance under the Controlled Drug and Substances Act of Canada. R.S.C. 1996, c. 19 , s. 5 (1)
Short Answers:
- Yes or No (think actus reus and mens rea here)
- Yes or No (think actus reus and mens rea here)
Your next section should be facts. Lay the facts out with a brief overview and in your own words... Then state the facts connected to the charge (so if yes to trafficking then what facts support that charge and if possession then what facts fit that charge). You don't need to address the defense issues in this section.
Next comes the discussion section. Here apply the actus reus and mens rea required for the charges you identify to the facts of the cases you are reviewing. What does the law require and did the people involved meet the threshold required to lay criminal charges moving forward? This is where you add information about possible defenses and how to address those with facts from the case. Also, suggest a punishment. What should the punishment be and why? Look for similar cases to identify similar penalties. Here is also where you can bring out the defense and also the "interests of justice". Make any suitable recommendations about a course of action against the defense arguments. Be creative. Think strategically. Can you find any case law to back up your opinions here (are there examples of R. v. person) that you can insert in this section to back up your points?
Lastly, in your conclusion answer the question(s) in the issues presented section. Be direct, clear, and complete. Do not be indecisive, hesitant, or inconclusive. Take a stand. State Corley Forrest should be charged with...as a result of... or not and why.
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