Westendorp v. The Queen, [1983]

Written Assignment:
The written assignment consists of a case summary on a chosen topic below.

A case summary is an extended descriptive analysis on a particular court case. The aim is to assess only a particular case was decided by the court. The case comment is both a descriptive and interpretative essay which focuses on specific court case but is not restricted to a simple exposition of its details.

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Westendorp v. The Queen, [1983]
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Organizational Structure of a Case Summary:

Even though there is no established set of rules on how to write a case summary, the following suggestions might be useful;

1-Introduce the case (specifying your rationale behind selecting this case). Identify the problem or problems under review.

2-Outline the main legal issues and questions.

3-Survey the development of law in this particular area (case law referenced) and discuss the main issues raised in the case.

4-Summarize the judicial ruling on the case

TO FOLLOW:

– CANADIAN CONSTITUTIONAL LAW (Not American or UK)

– Objective: legal comprehension

– Describe Pith and Substance

– Use narrative form in a plain, spoken way to tell the story of said case

– Identify key issues such as the law at conflict, key players, decision

– Be descriptive, as if you were telling a person a story in a conversational tone

– Do not evaluate, just describe

– Use numbers and statistics of decision, i.e., give majority position (ratio decendi)

– Qualify key legal terminology in case (i.e, ultra/intra vires, ratio decendi, amending formula, matter, colourability, sui generis, principle of subsidiarity/exhaustiveness, federalism, POGG power, classification/characterization, purpose/effect, double aspect doctrine, etc.)

– Identify principles court used to make decision

– BE CLEAR AND CONCISE

The expected length of this written assignment is roughly 6-7 pages.

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