EXAM

Instructions: Answer all questions in this examination. Please submit a hard copy to Elizabeth Sanford and an electronic copy to BBLearn by 17:00 on October 8, 2013.

Resources: Please use the resources on the class webpages. Please do not collaborate with classmates.

Format of this examination: The examination is based on the Cornell case we discussed in class. Assume that after the Supreme Court's decision in Cornell (2010 SCC 31), Robert sued the police force for damages for negligence arising from the search conducted upon him. Robert lost in the Ontario Superior Court of Justice. He appeals to the Court of Appeal. Here is the first draft of his appellant's factum.

Question one: Dropping the facts that you consider to be unnecessary, what facts would remain and how would you structure them? To answer that question, set out the headings and subheadings you would use in a re-worked draft of the facts section. Phrase them and order them in the most persuasive way possible.

Question two: Is there anything wrong with the law section? What would you change?

Question three: Following the writing tips given last Friday, redraft paragraph 14.

Question four: Writing exercise. In fewer than 100 words, how would you evaluate the overall quality of this factum? Your objective is to persuade me it is a bad factum. Use the writing tips given last Friday.