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Case Research and Analysis
Cases are the third primary source of law. Just as with statutes and regulations, it is important that you know how to read and understand case law. (1 mark each)
1. Jennifer has utilized several useful secondary sources. This research has led her to _________ sources that can either favour or go against the client. Jennifer will need to update and note up the sources to make sure the law is still good.
a. primary
b. persuasive
c. binding
d. secondary
2. Each province has a Court of Appeal. A provincial Court of Appeal decision
a. binds other provincial appeal matters only
b. binds all court matters in that province or territory
c. binds all court matters in all provinces and territories
d. is not binding unless consent of the court has been granted
3. If there is an appeal case, where there are majority opinions and a dissenting opinion,
a. the case is not binding
b. the case is considered persuasive
c. only the majority ratio is binding
d. only a definitive case is binding
4. Stare decisis is a Latin term meaning
a. to decide based on things decided
b. to apply based on things decided
c. to enforce based on things decided
d. to stand by things decided
5. Persuasive law is law that
a. determines a cause of action
b. must be followed by a court or tribunal
c. a court or tribunal is permitted to follow
d. might be followed by a court or tribunal
Case Review (10 marks)
Former CBC personality, Jian Ghomeshi, was before the courts on a criminal matter. Locate the case using your research techniques to answer the following questions.
1. What is the correct citation for this case? (1/2 mark)
2. What is the purpose of the case as stated by the Judge?
3. What were the facts?
4. What were the issues that were addressed?
5. What were the �laws� referred to by the judge? (2 marks)
a. Provide the proper citation for any legislation.
b. Provide the proper citation for any case law cited.
6. Provide the proper citation of another case involving the same legislation in your answer in number 5(a).
7. What was the ratio decidendi?
8. What was the decision? (1/2 mark)
9. What was the disposition? (1/2 mark)
10. Provide an example of a secondary source related to this case.
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