Objective of Case Brief:
1. Case briefing helps students to extract laws from facts and understand the legal concepts.
2. Case briefing helps the student acquire the skills of case analysis and legal reasoning.
3. Case briefing aids helps student to remember the case for writing and analyzing legal problems and for examinations as well.
Guidelines:
1. Citation/Name: case name, court and date of decision.
2. Facts: the facts and procedures of the case (a small summary of the events)
3. Legal Issue: a) specific (pertaining the case) and b) general (about judicial independence) ….. the legal issue in this case is whether,….
4. The Court decision: What decision was made by the Court? (as if you are answering the legal issue question in a short sentence)
5. Analysis:
a. the Law/ the Rule and
b. how you apply it on the case => Why and how the Court came to this decision. You will give details by explaining the law and how it was applied on this case => THE MOST IMPORTANT PART OF THE CASE BRIEF
6. Conclusion: What is the significance of this case?
Case Brief Rubric:
Unsatisfactory
D level qualities
(60-69) Minimal
C level qualities
(70-79) Effective
B level qualities (80-89) Outstanding
A level qualities
(90-100)
Statement of Facts:
Brief Description of the facts surrounding it up to its arrival in the Court.
3 points Neither the case name nor the citation appears at the top of the case brief OR both case name and citation are incorrect.
Relevant facts are omitted or lost in discussion of unrelated information.
No procedural history is presented. Complete case name is provided but no citation is given.
Irrelevant facts are included. Lack of logical organization.
Some procedural history is presented Complete case name is provided but citation is incomplete.
Facts are relevant to the question being answered but lack coherence or organization
Procedural history of the case is presented but chronology is confusing Complete case name and properly formatted citation appear at the top of the case brief.
Operative facts are relevant to the issue being examined by the court and are logically organized.
Procedural history of the case is clearly and logically presented in proper chronology
Legal Issue:
Identification of legal issue and description of the legal problem(s) that need to be addressed
2 points The legal issue is not articulated and the relevant area of law is not identified The area of law is correctly identified but the statement does not clearly articulate the legal issue. The area of law and the legal issue are identified but the description of the issue is not clear or are incomplete. The area of law and the legal issue to be addressed are identified and clearly and completely described
Includes all elements (applicable law, issue being examined and relevant facts) in a well crafted, grammatically correct question.
The Court Decision:
Description of the decision of the court/ opinion of judge
0.5 point The Court decision was not included The Court decision is not clear The Court decision has been identified The Court decision has been identified and was linked to the legal issue
Rule/Law:
Inclusion of law in questions for this case/Landmark cases.
Identification of the relevant legal principles and their source of authority.
2 points
No relevant legal principles have been identified. => Rules of law are omitted from answer or incorrect law is used Some identification of relevant legal principles but the correct sources have not been cited. => Rules of law are used in providing answer, but it is unclear if writer understands the law and is properly applying it.
All or most of the relevant legal principles and their correct source of authority have been cited but the explanation of the principles is not clear or is incomplete. => Law is correct and is relevant to the question being answered, but is not paraphrased
All relevant legal principles are clearly explained and the court sources have been identified => Law is correct and is relevant to the question being answered. Rule(s) of law succinctly paraphrased rather than quoted.
Analysis
The Application of legal concepts to the case and their relevance to the facts and examination of how those concepts will address the legal Issue.
2 points The discussion of the facts does not refer to any relevant legal principles.
No analysis of the law is given. The discussion considers some of the relevant legal principles but does not apply those principles to the key facts to support logical arguments about how the Issue(s) will be resolved.
Analysis is unclear, causing the reader to question whether the law is correct. The discussion considers the application of most of the relevant legal principles to the key facts but the arguments are not clear or are incomplete.
=> Law is applied to the facts, but the underlying rationale is not clear The discussion is a clear and comprehensive analysis of the relevant legal principles and their application to the facts to support logical arguments about how the Issue(s) will be resolved
The court’s reasoning is presented in a clear and logical fashion, leading the reader to an understanding of the rationale behind the law.
Conclusion
The Conclusion is stated and provides an overview of how the arguments in the Application section address the Issue(s)
0.5 point The Conclusion is not stated or is not supported. The Conclusion is supported by some of the arguments but does not explain how they address the Issue(s). The Conclusion is supported by most of the arguments but the explanation of how those arguments address the Issue(s) is not clear or is incomplete The Conclusion is well supported by arguments in the Application section and clearly explains how those arguments address the Issue(s).
Last Completed Projects
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