RESR 1311: Law - Westlaw - R. V. Morgentaler - Case Study Assignment Help

Law Case Study Assignment Help

• You are to explore in either CanLII, Westlaw or Quicklaw the following case:
  • R. v. Morgentaler, [1988] 1 SCR 30
• And complete the following written portion. Ensure to answer each question in your own words:  

• In FULL BLOCK, inter-office memo format, complete a case brief. Review the attached hand-out for additional information. Must be completed in the following format using headers:  

1. 1. 1. Provide Style of Cause and correct citation.
      2. Outline procedural history:

• Include judges who handed down the decision.
• Provide a brief overview of the history of the proceedings.
• Provide the initial case citation. (You’ll find this by noting up).

1. 1. 1. Facts: What are the facts of the case? What got this case to the level of court it is at? Follow the parties, events, claim (PEC) method. If there is appeal level history, be sure to include this here. Review case brief in content section.
      2. Issues: What issues did the judge decide?
      3. Law: These may be referred to as “authorities”.  State what statutes, regulations and decisions are referred to by the justice, and how they were dealt with.
      4. Decision: Explain the decision(s) that the judge(s) came to. Was there a majority decision? Any dissent

• Ratio Decidendi (Reasons for Decision): What is the ratio? Quote it word for word (verbatim).
• Reasoning/Analysis: This portion of the case brief summarizes the court’s rationale for its decisions. Summarize, in your own words, how the court interpreted and applied the law to the facts of the case.
• Consider: what is the rule(s) the court relied on to make its decision?
• Do not simply copy and paste legislation, rule or legal test that applies in this case.
• Do not include your own personal opinions about the decision or the court’s reasoning.
• Avoid lengthy, verbatim sentences from the court’s decision.

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