Mr. Smith Allegedly Beat Case Study - Law Assignment Help

Assignment Task:

Task:

Summary of Facts [Good example]

In February of 2012 Mr. Smith allegedly beat up his wife. He had been drinking all evening at the bar. When he came home that night his wife complained about how often he drank. He got angry and shoved her against a wall. When she continued arguing, he punched her. The neighbours heard the commotion and called the police. The police reported that … [Bad example] Mrs. Smith says that her husband was drunk all the time. Then she says that he came home drunk and does so all the time and is mean to her, so she does not like this, she should leave him. After she says she is scarred so she tries to go to the bathroom to escape. Then Mr. Smith follows her in the bathroom. He yells “You bitch” and then he shoves her. She tries to, you know, get the hell out of there but he hits her hard…. Defendant’s Argument [Good example] Mr. Smith argued that it was Mrs. Smith who started the fight. He claimed that when he arrived home she started yelling at him and was the one who first became physical. She pushed him repeatedly before he pushed back in defence. He did not deny that he hit his wife, but testified that it was only a last resort after she had hit him numerous times. He also stated that he never actually punched her, but only pushed her against the wall one time. -The defendant is providing a reason why they are not guilty of the crime [or why they deserve to win the case]. You need to listen and figure out what they need to prove or disprove and what information they are providing in support of this. [Bad example] -Repeating exactly what was written in the Summary of Facts -Writing everything the Defendant said Decision and Reasons The Defendant was found guilty. He will not receive his sentence until next week. The judge did not believe the defendant’s testimony. He found that Mr. Smith was guilty of assault and battery since he threatened and physically attacked his wife.

Part B – Impressions [Good example]

The first thing that surprised me was how informal the proceedings were. I had expected the lawyers to be enemies. However, prior to the hearing they were outside the courtroom talking about their vacations. Furthermore, the judge actually made a couple of jokes in the courtroom, apparently to make people more comfortable. I noticed how beneficial it was for a party to hire a lawyer. In another hearing the defendant was representing himself and spent most of the time arguing with the judge. He did not ask very good questions and did an ineffective job.

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