Question
Carry out a search of decisions relevant to your jurisdiction, and prepare case briefs for three different cases related to a single issue (e.g., negligent
Carry out a search of decisions relevant to your jurisdiction, and prepare case briefs for three different cases related to a single issue (e.g., negligent misrepresentation). Use the case brief format set out in Lesson 1 of the course manual for your briefs. As a part of your report, briefly discuss the theory of precedence, and how this is or is not reflected in the decisions you briefed. Choosing cases: You are welcome to choose an area of law that is of interest to you, for example, host liability. Along with cases from the provincial courts in your province, it is allowable to use decisions from administrative tribunals (e.g., Property Assessment Appeal Board, Expropriation Board, etc), as long as they are written decisions and enough facts are present to allow you to do a case brief. Tip: While you must brief three separate cases, you may find it interesting to review cases at the Supreme Court of Canada level or at the BC Court of Appeal, to see how successive courts differ in the application of law. Tracing a decision backwards can make the project both interesting and informative also, you will find that lower court levels will often provide more information about the parties and the facts. However, if you choose to do this, note that tracing a single case through multiple levels of courts only counts as ONE of the three case briefs required.
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