Preview

COMMLAW LAW ASSIGNMENT

Good Essays
Open Document
Open Document
653 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
COMMLAW LAW ASSIGNMENT
COMM 393 – COMMERCIAL LAW

COURT ASSIGNMENT 10%

DUE: MARCH 20TH

This assignment can be done in groups of not more than 3 (or individually). If you are working in a group please hand in one assignment only. You may work with students in another one of MY sections if you wish. PLEASE INDICATE THE NAMES OF YOUR GROUP MEMBERS CLEARLY ON THE TITLE PAGE OF THE ASSIGNMENT AND SECTION NUMBERS FOR EACH GROUP MEMBER. LATE ASSIGNMENTS ARE NOT ACCEPTED.

Attend the trial of your choice (civil or criminal) at the B.C. Supreme Court at the Law Courts at 800 Smithe Street, Vancouver for at least one hour and then answer the following questions in approximately 1,200 words. . DO NOT go to Chambers Hearings, Bail Hearings, Sentencing Hearings, Small Claims Court and cases that are being heard by the Court of Appeal.

1. Where possible, state the following regarding the trial you watched (this part may be answered in point form)
The name of the case (x v. y)
The date(s) you attended
The name of the Judge hearing the case
The names of the lawyers for each party
A brief summary of what was going on in the trial while you were watching.

2. From your observations and from what you have learned in class about trials, would you say that trials are more co-operative or adversarial in nature?

3. From your observations and from what you have learned in class would you say that the processes and procedures used by the courts are a good way to arrive at the “truth”? Explain, with reference to specific examples, from the trial you watched. If you don’t think the process is a good way to arrive at the “truth”, please provide possible alternatives.

(Please remember that the trial will begin with an opening statement given by the plaintiff, then the plaintiff will begin direct examination of witnesses (this is where the plaintiff and his/her witnesses will be permitted to explain the plaintiff’s position on the issues). The defendant will then be able to

You May Also Find These Documents Helpful

  • Powerful Essays

    The principal piece of the trail procedure would be the first appearance. In this the litigants are brought under the steady gaze of a judge to be given forma notification of the charges against them, to be educated concerning their rights, to be given the chance to hold a legal advisor or to have one named to speak to them, and maybe to be managed the open door for safeguard. The respondent if taken into authority must be offered an in court…

    • 976 Words
    • 3 Pages
    Powerful Essays
  • Good Essays

    Zero Tolerance Case Study

    • 1984 Words
    • 8 Pages

    1.In 1967 in In Re Gault the U.S. Supreme Court stated that “the condition of being boy does not justify a kangaroo court” thus ruling that the constitution applies to proceedings in the juvenile court. The term “kangaroo court” refers to judicial proceedings that have the appearance of fairness but are not because outcomes are predetermined in advance of the trial. Describe how Judge Civarelli denied juveniles their constitutional rights.…

    • 1984 Words
    • 8 Pages
    Good Essays
  • Good Essays

    B Describe two significant legal ISSUES that this movie brought up. (Remember that FACTS are not the same as legal ISSUES. For example, in the movie THE ACCUSED, the character played by Jodie Foster is raped in a tavern. That is one of the FACTS of the case. One of the legal ISSUES was the use of PLEA BARGAIN - the prosecutor was willing to let the rapists "plea bargain" to lesser crimes.)…

    • 1009 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Both sides gave their opening statements and both were long, but really good. The prosecution side gave their statement first and they did a good job at trying to tell the jury why Friar Lawrence was guilty. The defense side gave their statement next, they had a really good speech about how Friar Lawrence was not guilty. Then came the questioning of the witness and this is the time to get all you can for your case. The prosecution questioned their first witness, then the defense questioned that witness. This happened for all the prosecution witness, then it was the defense’s witness to be questioned. The defense would call up one of their witness to the stand and began questioning him/her, then the prosecution team would get to question the…

    • 157 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    3. List three pieces of evidence against the boy on trial, and then tell how the jurors prove those pieces of evidence wrong.…

    • 125 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    The film begins with opening statements and other generic courtroom stuff, none of which is particularly interesting, but things start to heat up shortly thereafter when witnesses start taking the…

    • 87 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The documentary “Presumed Guilty” embodies various elements of how criminal procedure works in an inquisitorial legal system. In an inquisitorial system the accused is automatically assumed to be guilty (Ministry of Justice, 2013). It is through the evidence, investigations by court, the screening process, and Prosecutor the truth will evolve. The court plays an active role in determining the facts of a case and the conducts of the trial (Reichel, P., 2013, p.170). The judge is in charge of gathering the evidence, calling on the witness, questioning the witness, and the overall process and preparation . He or She is able to call on any witness while the Prosecutor and defense parties can ask follow up questions. In some cases, the judge allows the lawyers to present oral argument in public. The roles of admissibility of evidence may also allow the judge to act more like an inquisitor rather than an attributor of justice. As the trial is going on all statements are written down just as in a civil law system, but the judge can in his discretion decide what's admissible or not (LawTeacher, 2013. The typical criminal proceedings are divided into three phases: the investigate phase, the examining phase, and the trial (Ministry of Justice, 2013).The principle is to punish the guilty and protect the innocent.…

    • 1195 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Courts Real vs Fiction

    • 1613 Words
    • 7 Pages

    This same belief extends to Americans’ knowledge about the law and the judicial system of the nation. There are many things that fictional accounts of lawyers, judges, and courts confuse or create simply to meet the needs of the fiction or make a specific point. Because the intricacies of the legal profession are not well known or explained in school or by the media, unfortunately, people often only have fictional accounts of the law to educate them. The result, unfortunately, is that the majority of Americans have incorrect beliefs of the law, judges, courts, and the persons that interact with them. One of the main differences between fictional portrayals of the court process and real court processes is how the trial is portrayed. In reality, trials are long, boring procedures where attorneys debate, present evidence, and ask questions that have legal value for the judge or jury to arrive at a decision (CA). Many things are said and many witnesses may be brought in to make statements (CA). Only rarely in that process will anything exciting happen. If one were to believe the portrayal of the trial sequence, however, seems as if every minute is interesting or exciting. Trials presented in movies such as My Cousin Vinny or To Kill a Mockingbird, although one is a comedy and one a drama, represent trials as a place where shocking facts are discovered and quick thinking attorneys make major differences in trial outcomes.…

    • 1613 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    law assignment USA

    • 1767 Words
    • 6 Pages

    Answer all questions in detail (At least 15 lines AND no more than 50 lines for each answer – including sub sections). Provide your justification based on earlier cases or other supporting material. Structure and presentation of your answers will affect the points. (Cite your references in the body of the answers if needed)…

    • 1767 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    2. From what you know of this case, do you think the jury arrived at the correct decision? If not, why not? If so, why?…

    • 511 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Mock Trial Analysis

    • 1368 Words
    • 6 Pages

    It was a great way to test our skills in throwing questions out right off the top of your head. You really had to think hard for you should be four or five questions in when you ask your first question, and you must portray a sense of confidence to get the truth out. A great way to make this experience better is to have more prep time in terms of the two, prosecution and defense councils, to get a better understanding of the case at hand and also have time for them to prepare more thought out and in depth questions. Then the trial would not stop every so often and it would be a pretty smooth way to proceed. Since our class is already so small it was not hard to get the roles distributed and to ensure everyone is in a main role. This was the best part of the trial and we were able to be right in the mix away from the other distractions a full class would have.…

    • 1368 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Court Room Visit Report

    • 920 Words
    • 4 Pages

    Judge Michael T. Smyth made eye contact with me once I had opened the the door to the chamber. I returned eye contact with him and he nodded me in the trial. Once I had take my seat, I felt a rush of authority coming though me. The way the chamber was organized and how the judge was above everyone else made him seem powerful. Everyone in “the bar” was professionally dressed and ready for the trial. Every single one had bags under their eyes, showing stress and hard work to be where they are today. The Defense attorneys spoke with clarity for the one to receive their words would understand, But they had a broad vocabulary that some would not even understand. Both judge and attorneys understood the law and gave their thoughts on how Mr. Dang should be charged.…

    • 920 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Pre-Trial Conference 10. Service of Process 11. Summons 12. Verdict 13. Voir Dire Dean’s List #3 – Trial Procedures…

    • 18216 Words
    • 73 Pages
    Powerful Essays
  • Powerful Essays

    References: American Bar Association. How Courts Work – Steps in a Trial – Presentation of Evidence by the Defense. Retrieved on April 15, 2007 from American Bar Association http://www.abanet.org/publiced/courts/defense.html…

    • 2687 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    Two of the court staff stayed at a lower desk, one taking notes, the other assisting in confirming the authenticity of the document. At first it was hard to understand what this was for and why the rest of the proceedings went on as they did and so I just stayed there with my neck craned forward in a futile attempt to catch the witnesses’ barely audible voices, my eyes wide as they took in the festive Christmas decorations still attached to the wall, the deceptively relaxed posture of the judge. As the case progressed though and more familiar words like chattel mortgage started to get strewn into the exchange (I found myself nodding at this), it was easier to relax. And I was surprised to realize how much I enjoyed watching.…

    • 1065 Words
    • 5 Pages
    Good Essays