1,627
13
Review, 4 pages (800 words)

Law exam review

Or the victim choosing not to have a blood transfusion? * Court Ruling: * Guilty. Thin skull rule Those who useviolenceagainst others must take victims as they find them Blaue had to take the victim as a Jehovah’s Witness * The defendant is not responsible if the victim dies as a result of an unrelated event If his actions led to the event, he is still guilty R v Hummel (Stare decisis- lower courts must follow higher courts) * Summary: Judge Perkins did not follow a binding decision of a higher court (contravening the doctrine of stare decisis) * Perkins struck down a section of the criminal code, in favour of the defendant * The crown appealed, and judge Clements disagreed with Perkins, allowing the appeal * Shortly after, Perkins had another ssimilar case, and refused to follow Clement’s judgment. He once again adopted his own reasoning as in the previous case. * Legal Principle: * Decisions of a higher court must be followed because that is what holds common law together.

Their decisions are “ binding decisions” * It doesn’t matter that Perkins could have been more intelligent than Clements * Rulings of higher courts bind lower courts R v Ladue (Does mistake negate mens rea? ) * Summary: * Woman at a party died from drinking too much alcohol * Forensics showed that Ladue had sex with her after he died * He couldn’t be charged with sexual assault because he was dead * He was charged with doing an indignity to a dead body * Used the defense that he did not know she was dead, so he had no mens rea

R v Bird and Bolduc (Doctorallowed friend to examine patient) * Summary: * doctor told a female patient that his friend was a medical intern * she gave consent for the friend to observe a medical examination * The fraud was as to the identity of the onlooker, not as to the act, of which she knew and understood. * Legal Principal: * Was consent obtained fraudulently as to the nature and quality of the act? * Court Ruling: * Bolduc did exactly what the victim understood he would do.

There was no fraud on his part as to what he was going to do * Victim knew that Bird was present and consented to his presence * Innocent: the fraud had nothing to do with the act, but with Bird’s identity * If he touched her, it would have turned into an assault R v Campbell and Mlynarchuk (Stripper case, mistake of law) * Summary: * Campbell was convicted of dancing naked * Previously, Alberta supreme court made dancing naked legal * Campbell did not know that the Court of Appeal overruled it * Legal Principle: Mistake of fact is a defense to a criminal charge, mistake of law is not * Court Ruling: * Campbell’s mistake was one of law She coincluded that the decision of the judge correctly stated the law, which it did not * Although this is not fair, it is necessary in order to prevent ignorance of the law as a defense * Out of the sense of justice, (naked dancing is not a prevalent problem), Campbell got an absolute discharge * Mistake of fact is a defense to a criminal charge, mistake of law is not R v Keegstra (Freedom of speechvs hate speech) * Summary: Keegstra was a schoolteacher who taught his sstudents anti-Semitism and expected them to use his teachings on exams. If they didn’t, their marks suffered * A few months after a paren’t complained, Mr. Keegstra was dismissed * Legal Principle: * S. 319 bans promoting hatred against an identifiable group * Charter protects freedom of speech * Court Ruling: * Court of Appeal states it was protected under s. 319 2(b), which protects innocent and imprudent speech (people who think that their hate speech is actually true) * Majority: Failed the Oakes proportionality test.

Hate propaganda contributes little to the quest for truth, or the protection and fostering of a vibrant democracy The infringement was justified R v Rabey (Automatism) * Summary: * Stabbed a woman after finding out that she doesn’t like him * Used the defense of non-insane automatism, stating that he had a blackout due to his rage (powerful emotional shock) * Legal Principle: * Was his dissociative state due to a disease of the mind? * Court Ruling: * His automatism was insane * Ordinary stresses and disappointments of life do not explain the mind alfunctioning * Rabey’s emotionalstressfrom the girl’s rejection is not reasonable It was due to his psychological or emotional make-up, thus constituting “ disease of the mind” R v Ruzic (Duress) * Summary: * Ruzic landed in Pearson airport with 2 kilos of heroin and a fake passport * She used the defense of duress, because a man in Serbia would kill her mother if she didn’t listen to him

Thank's for Your Vote!
Law exam review. Page 1
Law exam review. Page 2
Law exam review. Page 3
Law exam review. Page 4

This work, titled "Law exam review" was written and willingly shared by a fellow student. This sample can be utilized as a research and reference resource to aid in the writing of your own work. Any use of the work that does not include an appropriate citation is banned.

If you are the owner of this work and don’t want it to be published on AssignBuster, request its removal.

Request Removal
Cite this Review

References

AssignBuster. (2022) 'Law exam review'. 4 October.

Reference

AssignBuster. (2022, October 4). Law exam review. Retrieved from https://assignbuster.com/law-exam-review/

References

AssignBuster. 2022. "Law exam review." October 4, 2022. https://assignbuster.com/law-exam-review/.

1. AssignBuster. "Law exam review." October 4, 2022. https://assignbuster.com/law-exam-review/.


Bibliography


AssignBuster. "Law exam review." October 4, 2022. https://assignbuster.com/law-exam-review/.

Work Cited

"Law exam review." AssignBuster, 4 Oct. 2022, assignbuster.com/law-exam-review/.

Get in Touch

Please, let us know if you have any ideas on improving Law exam review, or our service. We will be happy to hear what you think: [email protected]