Case brief assignment.

The case you must locate and summarize is:  R. v. Mohan, [1994] 2 S.C.R. 9 Source: https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1131/index.do Breakdown of Marks and Criteria: Case and citation - 1 mark the type and Level of Case - 1 mark Author of the decision - 1 mark Facts - 4 marks Issues(s) on Appeal (or questions) - 3 marks A. Substantive issue(s): 

A substantive statement of the issue consists of two parts: i. the point of law in dispute ii. the key facts of the case relating to that point of law in dispute (legally relevant facts) You must include the key facts from the case so that the issue is specific to that case. Typically, the disputed issue involves how the court applied some element of the pertinent rule to the facts of the specific case. Resolving the issue will determine the court's disposition of the case. 

1A. Procedural issue (s): What is the appealing party claiming the lower court did wrong (e.g., ruling on evidence, jury instructions, granting of summary judgment, etc.)? Judgement, here please identify and resume elements of the test: - 5 marks This is the court's final decision as to the rights of the parties, the court's response to a party's request for relief. Generally, the appellate court will either affirm, reverse, or reverse with instructions. The judgment is usually found at the end of the opinion. 

Reasoning: summarize the essence of the Judgement - 5 marks (Reasoning is the way in which the court applied the rules/ legal principles to the particular facts in the case to reach its decision. This includes syllogistic application of rules as well as policy arguments the court used to justify its holding--why the decision was socially desirable.) Total out of 20 marks

 

max 750 words

Answer rating: 100% (QA)

Case R v Mohan 1994 2 SCR 9 Type and Level of Case This is a criminal case heard by the Supreme Court of Canada Author of the Decision The decision wa... View the full answer