Legal writing

You will submit 5 legal memos.  Your memos will be assessed on your accuracy and analysis.  Your memos should demonstrate clarity and precision, and, should include relevant (CanLii & CanLii Connects) legal research.  While the ‘McGill Guide’ is the preferred method of legal citation, I am happy to accept whatever citation method you are more comfortable with – please be consistent in your citations.  Please remember that you should not submit cases from the textbook, instead, please search for decisions of the BC Supreme Court (BCSC), the BC Court of Appeal (BCCA), or, the Supreme Court of Canada (SCC).  Please remember that your assignments provides additional options for your to consider, BCLRB for example.While each assignment provides you with options, you may consider additional legal topics that are not listed in your assignments, but might be of interest to you.  For example, ‘mergers & acquisitions’ is not an option, but, if ‘M&A’ is of interest to you, please let me know.  Just as landlord tenant disputes are not listed as an option, but, if judicial review of the BC Residential Tenancy Branch decisions are of interest to you, please let me know. As you prepare your legal memos, you may choose any format we’ve discussed from OJEN to the Canadian Legal Research and Writing Guide.  Ultimately, the format you choose will determine the final assessment.  You must however, identify your choice in your search box.  At the end of your memo, your search box should include the following -Search BoxFormat – CanLii Search terms & operators (eg. liability /p damages) -Style of cause & citation (eg. Mustapha v. Culligan of Canada Ltd., [2008] 2 SCR 114) Citied Cases, Treatment, NoteUp, or, Legislation -CanLii Connects search term & operators (Title, Lawyers & Law Firm) – More specifically- Your analysis should ultimately be focused, purposeful, and, provide insight into your analysis of the reasons for judgement.- Your writing should be persuasive and reflect your critical thinking.- Your analysis should consider the internal consistency and authoritative claims to knowledge.- Your assertions should be well supported with relevant facts or examples.- Your analysis should also reflect a logical and coherent flow of ideas.- The language of your analysis should reflect rules of grammar, spelling and punctuation.- You may choose any citation style you are most comfortable with.

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BLAW 1 – Marc Legacy

Legal Research

Style & Writing Guide

You will submit 5 legal memos. Your memos will be assessed on your accuracy and analysis. Your memos should demonstrate clarity and precision, and, should include relevant (CanLii & CanLii Connects) legal research. While the ‘McGill Guide’ is the preferred method of legal citation, I am happy to accept whatever citation method you are more comfortable with – please be consistent in your citations. Please remember that you should not submit cases from the textbook, instead, please search for decisions of the BC Supreme Court (BCSC), the BC Court of Appeal (BCCA), or, the Supreme Court of Canada (SCC). Please remember that your assignments provides additional options for your to consider, BCLRB for example.

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While each assignment provides you with options, you may consider additional legal topics that are not listed in your assignments, but might be of interest to you. For example, ‘mergers & acquisitions’ is not an option, but, if ‘M&A’ is of interest to you, please let me know. Just as landlord tenant disputes are not listed as an option, but, if judicial review of the BC Residential Tenancy Branch decisions are of interest to you, please let me know.

As you prepare your legal memos, you may choose any format we’ve discussed from OJEN to the Canadian Legal Research and Writing Guide. Ultimately, the format you choose will determine the final assessment. You must however, identify your choice in your search box. At the end of your memo, your search box should include the following –

Search Box

Format –

CanLii Search terms & operators (eg. liability /p damages) –

Style of cause & citation (eg. Mustapha v. Culligan of Canada Ltd., [2008] 2 SCR 114)

Citied Cases, Treatment, NoteUp, or, Legislation –

CanLii Connects search term & operators (Title, Lawyers & Law Firm) –

More specifically

· Your analysis should ultimately be focused, purposeful, and, provide insight into your analysis of the reasons for judgement.

· Your writing should be persuasive and reflect your critical thinking.

· Your analysis should consider the internal consistency and authoritative claims to knowledge.

· Your assertions should be well supported with relevant facts or examples.

· Your analysis should also reflect a logical and coherent flow of ideas.

· The language of your analysis should reflect rules of grammar, spelling and punctuation.

· You may choose any citation style you are most comfortable with.

Additionally

· Please be sure to review our ClassNotes for additional guidance.

Legal Research

Legal Research

Legal Writing

What to include in a case brief

Who was involved in the case?
What happened in the case?
Which courts have heard the case already?
What are the legal issues the court must decide?
How did the judge decide the case?
What legal principle does this decision stand for?
What is the explanation the court gave for its decision?

Format 1 Format 2 Format 3 Format 4

Facts
Issues
Conclusions
Discussion

Issues
Conclusions
Facts
Discussion

Facts
Issues
Brief answer
Discussion
Conclusion

Issues
Brief answer
Facts
Discussion
Conclusion (Source: The Canadian Legal Research

and Writing Guide)

Case Brief

Style of Cause
Facts
Procedural History
Issues
Decision
The Ratio
Reasons

Source: (OJEN 2013)

Which Format

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