need to write about this assignment

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timer Asked: Apr 28th, 2018

Question Description

Building on Assignment 1, you are required to prepare, in proper format, a Legal Research memorandum (LegRW-HO-MemoHowTo) directed to your instructor based on the facts of The Curvesco Affair..

Assignment 2 Course Code: LegRW Course Name: Legal Research &Writing Version:November 2015 Assignment: Case Briefs Materials and Resources Textbook: Legal Research: Step by Step, 4thEdition Software: Microsoft Ofice Handouts: How to Prepare a Legal Memorandum Assignment Description Building on Assignment 1, you are required to prepare, in proper format, a Legal Research memorandum (LegRW-HO-MemoHowTo) directed to your instructor based on the facts of The Curvesco Afairrr Assignment steps • Identify the relevant facts • Identify the legal issues • Research the legal problem • Apply the analytical tools • Predict the outcome(s) • Prepare the legal memorandum using the following format: Introduction / Purpose Why are you writing this memo? Facts The relevant facts are as follows: [in chronological order] Issues What problem(s) have to be solved? (ensure that each issue is in the form of a question) Short Answer Based on your research, answer the issue(s) questions very briefyr (irer yes/no if applicable) Discussion Analyze the law (legislation, regulations, case law) against the facts of your situationr What did you fnd? You can include such information here as: does the current state of the law support the hypothesis you started with? Why or why not? Are there any trends or developments in the law which we need to be aware of? Is there an entire body of case law (line of cases) which has established the law on this point? Conclusion Based on your research, what is your best prediction in terms of the result for the client? • Your memorandum should be no longer than 6 pagesr The memorandum is to be typed, double-spaced and you shall use Times New Roman font, 12ptr Ensure that your name and date is contained within the heading of the Memorandum, like this: MEMORANDUM TO: FROM: DATE: RE: INSTRUCTOR’S NAME STUDENT’S NAME DATE OF SUBMISSION LEGAL RESEARCH MEMORANDUM Begin your memorandum here . . . • Submit the memorandum to your instruction at the end of class on Day 7r Evaluation Breakdown – 30% of Final Grade Criteria Marks How to get top marks: (40 Total) Introduction / Purpose 5 The introduction clearly and concisely states the intended purpose of the memor Facts 5 The relevant facts are identifed and listed in chronological orderr Issues &Short Answer 10 The problems needed to be solved in the case have been identifed in the form of questions, and very brief, reasonable/accurate answers to the questions have been providedr Discussion 15 The analysis of the case is reasonable and thorough; generally speaking, the questions in the “Discussion” portion of Step 6, above, have been considered and addressed where applicabler Conclusion 5 The conclusion clearly and concisely summarizes the likely outcome of the case, based on your analysisr
Assignment 1 Course Code: LegRW Course Name: Legal Research &Writing Version:November 2015 Assignment: Case Briefs Materials and Resources Textbook: Legal Research: Step by Step, 4thEdition Software: Microsoft Ofice Handouts: How to Prepare a Legal Case Brief Assignment Description Using the information on The Curvesco Afairr prepare briefs for the cases referenced in the problem. You will be required to submit a package of 6 case briefs on Day 5 of the course. Assignment steps • Review the fact situation and cases related to The Curvesco Afair. • Review the guidelines for creating a case brief in the handout (LegRW-HO-CaseHowTo). • Prepare a case brief for each of the following cases: R. v. Jobidon R. v. Bolduc and Bird R. v. Ssenyonga R. v. Cuerrier R. v. Petrozzi R. v. Thornton Ensure that each case brief includes the following elements: • Style of Cause / Parties • Procedural history • Facts • Issues • Decision • Reasons • Ratio • Follow appropriate formatting guidelines and ensure you use correct Canadian spelling and grammar - ensure each case brief is no longer than one page • Submit the case briefs to your instruction at the end of class on Day 5. Evaluation Breakdown – 30% of Final Grade Each of the case briefs will be marked on the following: Style of cause &parties have been accurately identifed. (1 mark) Procedural history has been accurately identifed. (1 mark) Facts have been accurately outlined. (2 marks) Issues have been accurately outlined. (2 marks) Decision has been accurately outlined. (2 marks) Reasons have been accurately outlined. (2 marks) The rationale for each brief is conciser logicalr and well-supported. (5 marks) Total marks per case brief: 15 Total marks for the assignment: 90
Problem A: The Curvesco Affair Marc Curvesco tested positive for HIV in October 2008. When a public health nurse advised him to use condoms and to inform prospective sexual partners that he was HIV-positive, Marc became verbally abusive. He told her that he had no intention of following her advice. No one would have sex with him if his condition were known, he argued. Two weeks later, he met Kitty Hawk. Their relationship lasted 18 months, during which time the couple had unprotected sexual intercourse. Before the couple had inter• course, Kitty expressed her concern about sexually transmitted diseases to Marc, although she did •not ask him specifically whether he had HIV or AIDS. He assured her that he had tested negative for HIV eight months earlier. Kitty developed hepatitis and she was advised to have an HIV test. She and Marc were both tested for HIV in January 2009. In February, Kitty was informed that her test was negative, but that her partner had tested HIV-positive. She was advised to undertake subsequent tests to determine whether she had developed the virus. At this time, the public health nurse told Marc again that he must use condoms and inform his sexual partners that he was HIV-positive. This time, he argued that he would not use condoms until Kitty underwent another test. If she was not HIV-positive at that point, he claimed that he would end their relationship and start a relationship with an HIVpositive woman. For several more months Kitty and Marc continued to have unprotected sex. Kitty explains that she continued the relationship because she loved him and because she did not want to put another woman at risk. Their relationship ended in April 2010. Kitty maintains that had she known that Marc was HIV-positive, she would never have consented to unprotected sexual intercourse with him in the first place. When the public health nurse heard that the relationship between Kitty and Marc had ended, she delivered a letter to Marc ordering him to inform future partners that he was HIV-positive, and to use condoms. Shortly thereafter, Marc began to arrange dates through an escort service. He began to have regular appointments with one of the escorts, Holly Berry, for which he paid S150 a visit. Before engaging in sexual activities, however, Holly questioned Marc closely about sexually transmitted diseases. When Holly asked Marc about HIV specifically, he told her he was worried and was thinking about having the HIV test. Nevertheless, the couple had unprotected sex. When Holly discovered that Marc had HIV and had known that he had it, she confronted him. He apologized for lying. Holly claims that if she had known that Marc was HIV-positive, she would never have engaged in unprotected sexual intercourse with him. At the time this problem comes to your attention, neither Hotly Berry nor Kitty Hawk has tested positive for the virus. Use the steps below to analyze the potential legal ramifications for Marc in relation to his behaviour with both Holly and Kitty. C] Identify the Relevant Facts 1. List the key people and provide a description for each person. 2. Identify the actions, objects, or places relevant to potential legal action against Marc. 3. Identify any additional parties likely to be involved in potential legal action against Marc. C] Identify the Legal Issues 1. List the complaints that Holly and Kitty may have against Marc. 2. What legal principles or doctrines are likely to apply to such complaints? 3. What category of law is likely to apply? 4. What are the relevant legal questions or issues? 5. What facts might provide important background or additional information relevant to the issues raised? Research the Legal Problem Usually, at this stage, the lawyer follows the research methodology developed in Chapter 5 to find the legislation and case law that will govern the problem. Selected sources have been provided here to help you practise using the tools of legal analysis. Relevant Legislation Relevant sections of the Criminal Code, R.S.C. 1985, c. C-46, are reproduced below. Causing bodily harm by criminal negligence 221. Every one who by criminal negligence causes bodily harm to another person is guilty ofan indictable offence and liable to imprisonment for a term not exceeding ten years. Assault 265(1) A person commits an assault when 1. without the consent of another person, he applies force intentionally to that other person, directly or indirectly; 2. he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or 3. while openly wearing or canying a weapon or an imitation thereof, he accosts or impedes another person or begs. Application 1. This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault. Consent 1. For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of 2. the application of force to the complainant or to a person other than the complainant; 3. threats or fear of the application of force to the complainant or to a person other than the complainant; 4. fraud; or 5. the exercise of authority. Accused's belief as to consent 1. Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is suffcient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty ofthe accused's belief, to consider the presence or absence of reasonable grounds for that belief. Aggravated assault 268(1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant. Punishment (2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

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