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Docu-Course Content

About this Course
The Foundations of the Canadian Justice System
Discovering the Supreme Court of Canada
On the Bench: Supreme Court Justices
The Hearing
The Supreme Court Throughout its History
The Supreme Court's Reach in Canada and Abroad
Imagining the Supreme Court of the Future
Closing Arguments

Preparing for a Case: The Factum

The Written Blueprint of a Case

Preparing for a Case: The Factum

Before the hearing, a written legal document, called a “factum“, must be submitted by each party.

The factum must outline the case and the party’s arguments. It contains:

  • LIst itema summary of the facts of the case
  • the legal issues to consider
  • the party’s detailed legal arguments
  • the laws, cases, and other legal references supporting the party’s arguments
  • the specific decision and remedy the party is asking the Supreme Court to grant

This document usually cannot exceed 40 pages.

First, the appellant submits its factum to the Court and the respondentThe respondent then has eight weeks to submit his or her factum to the Court and to the appellant.

As time is very limited during the hearing, the factums ensure that all the justices and parties have a clear understanding of the case and legal arguments in advance.

Instructions

Take a moment to explore this factum, then answer the questions below.