Question 1: 100 Points

You have recently been hired by the Ministry of the Attorney General's office and are working closely with one of the Crown Attorneys named Alex. Alex has approached you with the following fact scenario:

Julie was at a fraternity party attended by numerous students, many of whom she knew. There was a lot of alcohol and numerous students were smoking marijuana. There are several witnesses who have stated that they witnessed Julie being quite intoxicated but still able to walk.

Julie spent approximately an hour talking with Dan, a guy she has been attracted to for a long time. After about an hour, they started kissing in the hallway in plain view of numerous other party-goers. After about 15 minutes or so, they went upstairs to one of the bedrooms. Julie was stumbling a bit but was able to make it up the stairs.

A couple of hours later, Julie's friend Holly was looking for her. She found Julie upstairs, in bed, half dressed and passed out with a strong odour of alcohol. When Julie sobered up, she tearfully confided in Holly that she had a hazy memory of trying to push Dan away from herself but being too intoxicated and weak to do so. She then passed out but was certain Dan did not stop his advances.

The following morning, Julie contacted the police claiming that she was sexually assaulted by Dan. When he was interviewed by the police, Dan admitted they had been intimate but stated that it was consensual. He claimed that although they had both been drinking, Julie was a willing participant.

The police officer in charge of the investigation has charged Dan under the Criminal Code (Canada). Alex is considering whether he should proceed with the charge laid by the police. He has asked you to conduct some research to determine whether there is a good chance of securing a conviction against Dan.

INSTRUCTIONS a legal memo summarizing the facts, issues, legal research, discussion and conclusion

FACTS

- incomplete presentation of facts; irrelevant facts included

- most of the relevant facts included; awkward wording; run-on sentences

- all relevant facts included; no irrelevant facts; concise and well written

ISSUES

- irrelevant issues included; missing key issues

- most relevant issues included; good wording; use of the word "whether"

- all key issues specified; well written; clear and to the point

LAW

- some of the relevant law found; irrelevant law included

- most of the relevant statutes (if any) and key cases found and properly cited

- well researched and thorough; key provisions and cases properly identified

DISCUSSION

- irrelevant cases and statutes nor properly applied; incoherent presentation

- good application of the statutes and cases to the facts; clear understanding of theratios

- complete application of the relevant law to the facts; clearly and concisely written

CONCLUSION

- conclusion does not flow from the analysis; awkwardly worded

- good conclusion but not completely supported by the research and facts