Instructions: 1. The purpose of this assignment is to develop your research and writing skills. During the course of your practice as a Paralegal, you will be required to research and write reports on various matters. 2. As a legal practitioner, you will be required to conduct research on various cases and prepare them for legal arguments. Many courts will require you to provide written submissions, also known as a factum, for the chases you choose to use in your argument. This assignment will help you gain a better understanding of how to draft those arguments and prepare your written submissions to the court. 3. For this assignment, you will be required to conduct legal research on 4 different subject areas. For each, you will prepare a legal memorandum with a summary of the case, the findings, and a written submission on whether you agree or disagree with the court decision and why. 4. Your legal memorandum must include the correct citation of the case, along with your findings (maximum 400 words per case) and the applicable laws and statutes. 5. Make sure that you check your spelling, the grammar and the relevance to the subject matter. Cases that do not apply or are not longer applicable will receive an automatic zero (0) for that specific section. 6. You must prepare a legal memorandum for each subject matter. Each memorandum will be worth a total of 20 marks. Please refer to the marking guideline to understand how you will be assessed. If you do not understand your assignment or what is required to complete this assignment, please speak to your instructor so that it may be clarified. Assignment 1. For your first memorandum or law, please research a case which deals with and provides a clear definition of “Punitive Damages”. Your case must deal specifically with the law and reasonings as to how and when punitive damages apply, along with situations when the court can go above the guidelines. 2. For your second memorandum of law, your must research and find a case that deals specifically with “interference of reasonable enjoyment of a Tenant or Landlord”. You must find a case which specifically outlines what constitutes reasonable enjoyment and when it is considered to have been contravened. Copyright © 2020 Cestar College of Business, Health and Technology Legal Memorandum 1: Category 10 Excellent 8 Good 6 Fair 4 Unsatisfactory Research Research was thorough and very well done Research was thorough Research was done but had some discrepancies Research was poorly done, incomplete, or inaccurate Relevance Memo content was relevant to assigned topic Memo content was mostly relevant to assigned topic Memo content was not always relevant to assigned topic Memo content was not relevant to assigned topic Cited Caselaw and Statute Case law used was relevant and binding and statute and section cited was specifically relevant Case law used was mostly relevant and statute and section cited was somewhat relevant Case law used was somewhat relevant and statute cited was correct, but incorrect section used Case law used was neither relevant or binding and statute cited had no relevancy to case Appearance and Formatting Memo was clean, neat, and professionally drafted and followed all formatting instructions and had no spelling, grammar, or punctuation errors Memo was mostly clean, neat, and professionally drafted and followed most formatting instructions and had one spelling, grammar, or punctuation error Memo had many areas that were not clean, neat, or professionally drafted and followed some formatting instructions and had at least two spelling, grammar, or punctuation errors Few to no areas of the memo were clean, neat or professionally drafted and did not follow formatting instructions and Had more than two spelling, grammar, or punctuation errors Memorandum 1:__________/20 3. Your third memorandum of law will deal with deficiencies which can cause a court of competent jurisdiction to quash an information. Specifically, you must find a case that deals with the power of a Justice of the Peace to quash a piece of information before the Provincial Offences court, and under what circumstances information can be quashed. 4. Your last memorandum of law must deal with a case from the LSO. Specifically, you must find a case which speaks about the definition of mitigation and aggravating circumstances for a license suspension for a Lawyer or a Paralegal. Remember that you will be required to provide your own opinion on the decision that was made in each case. When drafting arguments for submissions, one of the most important jobs of a Paralegal is to be able to properly argue the applicability, or lack thereof to the case at bar. Copyright © 2020 Cestar College of Business, Health and Technology Legal Memorandum 2: Category 10 Excellent 8 Good 6 Fair 4 Unsatisfactory Research Research was thorough and very well done Research was thorough Research was done but had some discrepancies Research was poorly done, incomplete, or inaccurate Relevance Memo content was relevant to assigned topic Memo content was mostly relevant to assigned topic Memo content was not always relevant to assigned topic Memo content was not relevant to assigned topic Cited Caselaw and Statute Case law used was relevant and binding and statute and section cited was specifically relevant Case law used was mostly relevant and statute and section cited was somewhat relevant Case law used was somewhat relevant and statute cited was correct, but incorrect section used Case law used was neither relevant or binding and statute cited had no relevancy to case Appearance and Formatting Memo was clean, neat, and professionally drafted and followed all formatting instructions and had no spelling, grammar, or punctuation errors Memo was mostly clean, neat, and professionally drafted and followed most formatting instructions and had one spelling, grammar, or punctuation error Memo had many areas that were not clean, neat, or professionally drafted and followed some formatting instructions and had at least two spelling, grammar, or punctuation errors Few to no areas of the memo were clean, neat or professionally drafted and did not follow formatting instructions and Had more than two spelling, grammar, or punctuation errors Memorandum 2:__________/20 Legal Memorandum 3: Category 10 Excellent 8 Good 6 Fair 4 Unsatisfactory Research Research was thorough and very well done Research was thorough Research was done but had some discrepancies Research was poorly done, incomplete, or inaccurate Relevance Memo content was relevant to assigned topic Memo content was mostly relevant to assigned topic Memo content was not always relevant to assigned topic Memo content was not relevant to assigned topic Cited Caselaw and Statute Case law used was relevant and binding and statute and section cited was specifically relevant Case law used was mostly relevant and statute and section cited was somewhat relevant Case law used was somewhat relevant and statute cited was correct, but incorrect section used Case law used was neither relevant or binding and statute cited had no relevancy to case Copyright © 2020 Cestar College of Business, Health and Technology Appearance and Formatting Memo was clean, neat, and professionally drafted and followed all formatting instructions and had no spelling, grammar, or punctuation errors Memo was mostly clean, neat, and professionally drafted and followed most formatting instructions and had one spelling, grammar, or punctuation error Memo had many areas that were not clean, neat, or professionally drafted and followed some formatting instructions and had at least two spelling, grammar, or punctuation errors Few to no areas of the memo were clean, neat or professionally drafted and did not follow formatting instructions and Had more than two spelling, grammar, or punctuation errors Memorandum 3:__________/20 Legal Memorandum 4: Category 10 Excellent 8 Good 6 Fair 4 Unsatisfactory Research Research was thorough and very well done Research was thorough Research was done but had some discrepancies Research was poorly done, incomplete, or inaccurate Relevance Memo content was relevant to assigned topic Memo content was mostly relevant to assigned topic Memo content was not always relevant to assigned topic Memo content was not relevant to assigned topic Cited Caselaw and Statute Case law used was relevant and binding and statute and section cited was specifically relevant Case law used was mostly relevant and statute and section cited was somewhat relevant Case law used was somewhat relevant and statute cited was correct, but incorrect section used Case law used was neither relevant or binding and statute cited had no relevancy to case Appearance and Formatting Memo was clean, neat, and professionally drafted and followed all formatting instructions and had no spelling, grammar, or punctuation errors Memo was mostly clean, neat, and professionally drafted and followed most formatting instructions and had one spelling, grammar, or punctuation error Memo had many areas that were not clean, neat, or professionally drafted and followed some formatting instructions and had at least two spelling, grammar, or punctuation errors Few to no areas of the memo were clean, neat or professionally drafted and did not follow formatting instructions and Had more than two spelling, grammar, or punctuation errors Memorandum 4: