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LAW 122 Legal Systems: Assignment

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Legal Systems Assignment (LAW 122)

   

Added on  2020-05-04

LAW 122 Legal Systems: Assignment

   

Legal Systems Assignment (LAW 122)

   Added on 2020-05-04

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Running head: LEGAL PROBLEM Legal ProblemName of the StudentName of the UniversityAuthor Note
LAW 122 Legal Systems: Assignment_1
1LEGAL PROBLEMDiscussion According to the case study the issue has been arises whether Rianna has committed anyoffence of breached the section 5 of the Small Birds Act or not? The section 5 of the Small Birds Act has defined the facts that any man maiming, injuringor killing a small bird is guilty of an offence and then that person will be finned with $500.According to the section 3 of the Small Birds Act the section 3 has defined that the bird isrepresents an animal which is covered with feathers. The cruel has defined the inflict pain ordeath. The suffering has defined the distress. In the case of Regina v. Ojibway (8 Criminal Law Quarterly 137 (1965-66)1 is afamous Canadian case where a member of the First Nations of Canada had relieved a pony whichwas wounded due to the gunshot therefore that person was charged with section 2 of the SmallBirds Act2. According to the act of Small Birds Act has defined the all the two legged, feather-covered animals are birds according to the meaning of definition here in this of Regina v.Ojibway the pony is also defined as the birds but that does not signifies as a actual bird but herethe two legged is the minimum requirement. The two legged along with feather is alsorequirement for completed the elements. The government council has described that the SmallBirds Act has naturally statues the small animals with are naturally covered with soft feather.According to the fact of the case here the horse or the pony is basically covered with feather onits back therefore it has signified as bird or small bird in the Small Birds Act. 1 Regina v. Ojibway (8 Criminal Law Quarterly 137 (1965-66)2 Small Birds Act
LAW 122 Legal Systems: Assignment_2
2LEGAL PROBLEMThe case has been acquitted of charged with the allegation under the Small Birds Act,R.S.O., 1960, c.724, s.2. Fred Ojibway who was an Indian person was riding with his pony in theQueen’s Park on January 2, 1965. On that day the horse was improvised and was forced topledge the saddle and placed in the downy pillow on the saddle. Then the pony was hurt andbreaks his foreleg which caused him pain. Therefore the accused who was believer of IndianCustoms then shot the pony for relieving him from the awkwardness of pain. This kind of actionmakes the allegation of charges due to the breach of the section 2 of the Small Birds Act3. Thesection 2 of the Act has defined that if any person injured or killed any small birds therefore hewill be charged with the offences and could be fined with minimum $2004. The magistrate of the court has subjected the fact that the accused has killed his pony notany small bird which does not make any sense. According to the section 1 of the Small Birds Acthas cleared the concept of the small bird which has motioned that a two-legged animal coveredwith feathers. Therefore the case should focus on this particular part about the definition of thebird where the accused has charged with the section 2 of the Small Birds Act5. In accordance with the case facts the council of the court has argued several facts wherethey focused on the killing and injuring the animals and guilty for the offences but along withsuch facts they also added that the pony was an animal not a bird. Therefore the issue has arisesabout the existence and the definition about any animal whether it will defined as an animal or abird. First it is important to clear the facts about the definition of the animal and bird. If the ponyis animal then how it will be long or is it short and if it was a bird it is also included to prove thefacts whether it will a long or short bird. They also added that if it is has defined as bird whether3 Small Birds Act4 Yates v. United States5 Small Birds Act
LAW 122 Legal Systems: Assignment_3

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