Case Brief

Powered by iRubric L egal Studies Case Brief 100 % Exemplary 4 ptsAccomplished 3.4 ptsDeveloping 3 ptsBeginning 2.6 ptsDid not attempt 0 pts Case Name & Case Citation 5 % Complete identification of case name and the parties to the case. Exemplary Case name is correctly stated and parties correctly identified by name and by their role in the litigation; citation to the case itself is complete and accurate and comports with Bluebook format. Accomplished Case name is present and parties are identified; citation to the case is given; jurisdiction is evident; errors are minimal. Developing The Opinion can be located based on the information provided and the court which rendered it can be discerned, but elements of the case name and/or citation are missing. Beginning The Opinion cannot be accurately identified based on the information given and/or the parties’ role in the litigation cannot be discerned. Did not attempt The required element does not exist in the brief or is unrecognizable in the brief.

Facts 10 % Key/relevant facts are fully provided and easily understandable. Exemplary All key/relevant facts are provided; additional facts provided only as necessary for the reader to understand the decision and the court’s analysis; facts are presented clearly and concisely and without error or confusion. Accomplished Most key/relevant facts are provided; irrelevant facts are omitted; statement of facts is understandable to the reader. Developing Important facts are missing and/or unnecessary detail is included; reader is confused by the presentation. Beginning Factual statement is incomplete or erroneous, rendering the brief unusable to the reader, at least in part. Did not attempt The required element does not exist in the brief or is unrecognizable in the brief.

Procedural Posture 10 % Demonstrated all essential information dealing with the history of the case. Exemplary All essential information concerning the history of the case (origin, sequence of case events in various courts, and current posture) is included; courts’ names, jurisdictions, and actions are provided and are accurate. Accomplished The history of the case (where it started and how it came to this court) is presented with minimal errors in sequence or process. Developing Gaps in the history of the case or errors in case sequence or case events exist. Beginning Procedural history does not enable the reader to understand the history of the case and/or how it arrived in this court. Did not attempt The required element does not exist in the brief or is unrecognizable in the brief.

Issue 10 % Proper statement and framing of the legal question/s. Exemplary The legal question or questions before this court are correctly and succinctly stated and the Issue if framed in terms of a question. Accomplished The legal question is presented accurately, but lacking in precision and/or is not framed as a question. Developing The legal issue is identified as a general topic and/or is stated in an overly broad manner; precision is lacking. Beginning The legal issue is incorrectly stated. Did not attempt The required element does not exist in the brief or is unrecognizable in the brief.

Holding 5 % Full restatement of the court's resolution. Exemplary The court’s resolution of the legal issue is correctly and succinctly stated and is not confused with the Judgment or procedural disposition of the case; Issue and Holding “match”. Accomplished The court’s resolution of the legal issue is accurate but is lacking in precision. Developing The court’s resolution of the legal issue is overly broad or is inaccurate in some regard. Beginning The court’s resolution of the legal issue is incorrectly presented and/or the Holding of a different court is presented, thus presenting an inaccurate picture of this court’s decision. Did not attempt The required element does not exist in the brief or is unrecognizable in the brief.

Judgment/Disposition 5 % Complete restatement of the court's disposition. Exemplary The disposition of the case and the relief, if any, granted by the court is accurately and clearly stated. Accomplished The disposition of the case is accurately stated, but lacks precision. Developing The disposition of the case can be discerned but is unclear to the reader. Beginning The disposition of the case is erroneously presented. Did not attempt The required element does not exist in the brief or is unrecognizable in the brief.

Rationale/Analysis 25 % Thorough explanation of how the court reached its holding. Exemplary The court’s reasoning, analysis, and rationale are presented in a complete, succinct, and understandable manner. All relevant considerations are included. Accomplished The court’s reasoning and rationale are accurately presented; some analytical detail may be missing, but there are no errors. Developing The court’s reasoning is presented in only general terms which are not instructive to the reader. Beginning The court’s reasoning is erroneously presented, thereby misleading the reader. Did not attempt The required element does not exist in the brief or is unrecognizable in the brief. Dissent/Comment /Significance/Impact 10 % Identification and presentation of additional information that is needed to present a complete picture of the case. Exemplary The student made a correct decision concerning whether there is additional information or commentary which should be conveyed to the reader, including information about a Dissenting opinion; the information is conveyed in a clear and accurate manner. Impact on society, if any, is conveyed. Accomplished The student correctly noted the existence of a Dissenting opinion, if any, and accurately described it; information/comments, if any, relate to the opinion in a logical manner. Developing The student noted a Dissent and/or the significance of the case but described same in an unclear manner. Beginning The student failed to present necessary information about a Dissent or about the significance of the case or presented same in an inaccurate or misleading manner. Did not attempt The required element does not exist in the brief or is unrecognizable in the brief.

Writing Standards 10 % Demonstrate the correct usage of grammar, spelling, and writing techniques. Exemplary Student demonstrates consistent and correct use of the rules of grammar usage, punctuation, and spelling. Language is clear and precise. Sentences display consistently strong, varied structure. Headings are used and correspond to the required elements of the case brief. Accomplished Student demonstrates consistent and correct use of the rules of grammar usage, punctuation and spelling, with a few minor errors. Headings are used and correspond to the required elements of the case brief. Developing Paper contains several grammatical, punctuation, and/or spelling errors.

Language lacks clarity or includes some use of jargon and /or conversational tone. Some headings are missing or fail to correspond to the required elements of the case brief. Beginning Paper contains numerous grammatical, punctuation, and spelling errors.

Language uses jargon or conversational tone; OR brief fails to use Headings. Did not attempt The required element does not exist in the brief or is unrecognizable in the brief.

Citation of Sources 10 % Proper usage of the BlueBook citation style. Exemplary Student accurately quotes, paraphrases, and cites information in ways that are true to the original context with no errors. Accomplished Student quotes, paraphrases and cites information correctly and consistently, using information in ways that are true to the original context, with minimal errors. Developing Student quotes, paraphrases and cites information mostly correctly and consistently, in ways that are largely true to the original context. Beginning Student quotes, paraphrases and cites information but may have many errors of use the information out of context. Did not attempt The required element does not exist in the brief or is unrecognizable in the brief.