Law: Legal Analysis in a Business Context PART I: BRIEFING CASE (10 marks) You are required to
Question:
Law: Legal Analysis in a Business Context
PART I: BRIEFING CASE (10 marks)
You are required to making a Case Brief of the case Rogers v. Rogers Communications
Inc., 2021 BCSC 2184 available at:
https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc2184/2021bcsc2184.html
In working on the Case Brief you may not consult any other sources (electronic or print)
except legal dictionaries. The Case Brief cannot make reference to any source other than
the case being briefed and the sources to which the case itself refers. The Case Brief must
be a product of your own work.
The Case Brief 250 300 wording. Use the attached Case Brief
Outline to structure your Case Brief.
PART II: RESEARCH AND IDENTIFYING LEGISLATION (30 marks)
Your client is a high-profile social influencer. He is surfing the internet and comes across
explicit images of themselves. They do not have any memory or recollection of taking or
sharing those images. The website using the images is generating revenue from people
accessing and viewing the images. What should your client do?
Write a short opinion, including the questions that you would like your client to answer,
and how those answers shape your response. Think about practicality in your advice.
Please refer to at least one media article in preparing your response.
Please also identify and summarize the relevant legislation (2 specific statutes) - only
summarize legislation and do not refer to any other sources, including case law. Identify
and summarize how the legislation applies and outline any issues and questions that you
have for your client that will help you determine the application of the legislation.
The opinion writing 450 500. Use the headings below to structure
your opinion.
• Summary of Advice
• Your Legal Issue
• Summary of the Specific Law that you think applies
• Summary of the relevant statutes
• Application of Law to Circumstance
• ConclusionPART III: ANALYZING ACADEMIC ARTICLES (10 marks)
You were assigned the following reading in the syllabus:
• Friedmann, W., Stare Decisis at Common Law and under the Civil Code of
Quebec, Canadian Bar Review 1953.
Using one other journal article, you are required to read, summarize and offer critique
of this article. The additional article is:
• 2012, Stare Decisis and the Rule of Law: A Layered Approach, Jeremy
Waldron New York University Michigan Law Review Volume 111 Issue 1
You will be evaluated based on your ability to summarize the main thesis argument, the
supporting arguments and examples, and the recommendations of the author. You will
also be evaluated based on your ability to provide a brief (max 2 paragraphs) critique of
the article (i.e. problematic assumptions, differing conclusions) using at least one other
journal source.
You will be evaluated based on your ability to:
1) identify a thesis and supporting argumentation in a research paper,
2) identify what information and examples are used to support the
argumentation,
3) identify what is the non-essential information,
4) reword other's arguments succinctly (without losing the depth of the
argument and supporting examples),
5) synthesize critical opinion, and
6) write clearly.
450 500 wording.
Case Brief Outline
[Case Name]
[Case Citation]
Facts:
Prior/Lower Court Proceedings:
Statement of Issue(s):
Arguments:
Ratio Decidendi:
Analysis (Reasons For Judgment):
Conclusion (Held):
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill