Reference no: EM133588215

Problem: Using the case Vriend v. Alberta, [1989] include the issues of the case. "The summary should contain a clear statement of the legal issue addressed in the decision. To the extent that a court decision purports to resolve a dispute between the parties on the basis of a legal rule, the legal issue in the case involves an identification of the appropriate legal rule to apply to the resolution of the dispute. It is often appropriate to state the legal issue in the form of a question, such as "where is a contract formed when the acceptance is communicated by fax?" Another example might be: "Does the guarantee of freedom of expression in the Charter of Rights preserve a union's right to engage in picketing?" One problem that arises in identifying the issue is that the court often purports to raise and answer several questions. In many cases there is one central issue on which the resolution of the dispute revolves, and in that situation, it is desirable to only state that one issue. However, if it is clear that the court is basing its decision on several issues, then by all means feel free to include them in the summary. The statement of each issue, however, should normally be no longer than a sentence. The key to identifying the issues in a case is to reflect upon who wants what, did they succeed or fail in getting it, and thinking of the issue in the case as explaining why they may have succeeded or failed."