Case Brief Template

Assignment Business Law Students names:

Date: ___________________

Citation:____________________________________________________________________________________ 1. Facts of the Case: (Here the student should outline the essential facts of the case, particularly those facts bearing upon or leading up to the issues in the next section. This section should outline the nature of the litigation, what occurrences transpired, and, if the case is an appeal, what happened in the lower court(s) and on what grounds the case was appealed. The facts of the case only include what happened up until the present deliberation. Facts do not include the present judge’s ratio dicidendi or the present court holding.)

2. Legal Issue(s): (Here the student should outline the legal issues to be resolved by this particular court. Issues may include matters of fact, or matters of law. In some cases, the appropriate applications of specific legal tests are being debated. In other cases, certain elements of the law need to be defined. Issues should generally be stated in the form of concise questions.)

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3. Reasoning for the decision: (Here the student should outline the court's reasoning behind its decision. The ratio decidendi should strictly address, in order, the issues outlined in the previous section.)

4. Court Holding: (Here the student should indicate the final decision of the court in this case.)

5. Analysis: (Here the student should evaluate the significance of the case, its relationship to other cases, its place in history, and what it shows about the Court, its members, its decision-making processes, or the impact it has on litigants, government, or society. It is here that the implicit assumptions and values of the Judges or Justices should be probed, the “rightness” of the decision debated, and the logic of the reasoning considered. This is the student’s commentary on the case. It is NOT simply a summary of what has already been stated elsewhere in the brief.)

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Assignment Business Law Students names:

Date: ___________________

Case Brief - Marking Rubric (Business Law)

Criteria

Level F

Level 1

Level 2

Level 3

Level 4

Mark = 0-40%

Mark = 50-59%

Mark = 60-69%

Mark = 70-79%

Mark = 80-100%

The citation is either not included or is completely incorrect. 2. Facts: synopsis The facts of the of only the case are either essential facts of not addressed or the case. are completely incorrect.

The citation is included, but it is partially incorrect.

The citation is included somewhat correctly, but the parties have been reversed.

The citation is included correctly, but certain details have been overlooked.

The citation is addressed correctly. All significant details have been included.

The facts of the The facts of the case are case is addressed, addressed somewhat but they are confused correctly, but key facts with other aspects of have been overlooked. the case.

The facts of the case are addressed correctly, but certain facts have been overlooked.

The facts of the case are addressed correctly. All significant facts have been included.

3. Legal Issue(s): general legal question(s) answered by or illustrated within the case.

The issues of the The issues of the case case are addressed, are addressed somewhat but they are confused correctly, but key issues with other aspects of have been overlooked. the case.

The issues of the case are addressed correctly, but certain issues have been overlooked.

The issues of the case are addressed correctly. All significant issues have been included.

1. Citation

The issues of the case are either not addressed or are completely incorrect.

Mark Awarded

4. Decision The ratio The ratio decidendi (Ratio Decidendi): decidendi is either is addressed, but it rationale not addressed or is quite confused reasoning of the is completely with other aspects court in arriving at incorrect. of the case. its decision.

The ratio decidendi is addressed somewhat correctly, but key facts have been overlooked.

The ratio decidendi is The ratio decidendi is addressed correctly, but addressed correctly. All certain aspects of the ratio significant aspects decidendi have been of the ratio decidendi have overlooked. been included.

4. Analysis: The analysis is either not Student's own interpretation of addressed or is the significance of completely the case and its unsupportable. bearing in the future. 5. Holding: The holding is either not addressed or is completely incorrect.

The analysis is addressed somewhat correctly, but key facts have been overlooked.

The is addressed competently, but certain aspects of the ratio decidendi have been overlooked.

The analyses are addressed competently. All significant aspects of the facts and ratio decidendi have been addressed.

The holding is addressed somewhat correctly, but unnecessary information has been included.

The holding is addressed correctly, but unnecessary information has been included.

The holding is addressed correctly. No unnecessary information has been included.

The brief is efficiently written but the language could be more clear and concise. Spelling is most often correct; sentence, paragraph, and essay structure are most often correct; but grammatical rules are often broken.

The brief is efficiently written in clear and concise language. Spelling is correct; sentence, paragraph, and essay structure are correct; but some grammatical rules have been broken at times.

The brief is efficiently written in clear and concise language. Spelling is correct; sentence, paragraph, and essay structure are correct; grammatical rules have been well followed.

6. Writing style. (Spelling, grammar, efficiency of language)

Notes/Total:

The analysis is addressed, but it indicates confusion regarding certain aspects of the case.

The holding is addressed, but it has been confused with the holding of another phase of this case. The brief is not The brief is not efficiently written, efficiently written, nor nor does it utilize does it utilize clear or clear or concise concise language. language. Spelling is incorrect Spelling is often at times; sentence, incorrect; paragraph, and essay sentence, structure are often paragraph, and incorrect; essay structure grammatical rules are are often not followed at times.

/4

/ 15

/6

/ 15

/ 10

/2

/8

/ 60

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