9:15 - 11:50 B Block Human Geography
12:30 - 3:05 C Block Legal Studies
B Block Human Geography - Today we'll look at the Key Question: Why Do Religions Organize Space in Distinctive Patterns? We'll look at places of worship, organizational structure, holy places, calendars, and cosmogony. Generally speaking universalizing religions are more likely to consider places holy that are associated with key events in the founder’s life, whereas ethnic religions’ holy places are tied to physical features present in their hearths, such as mountains, rivers, or rock formations. So here are a few things to consider:
Tomorrow we'll look at the key question "Why Do Territorial Conflicts Arise Among Religious Groups"?
C Block Legal Studies - For the afternoon, we're off to the library for researching charges, defenses to charges, finding out punishments and beginning to write 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 from the cases as you understand them - AND explain how they connect to the potential charges. 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 from the cases as you understand them - AND explain how they connect to the potential charges. 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
TO: Crown Counsel Young
FROM: You
DATE: Monday, June 14. 2021
RE: R. v. Forrest (2021) - Preference of Criminal Charges
FROM: You
DATE: Monday, June 14. 2021
RE: R. v. Forrest (2021) - Preference of Criminal Charges
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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