Legal brief
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LegalStudiesProgramCaseBriefTrainingGradingRubric.pdf
Case Brief Rubric Possible 100 points; Deduction of 10% for lateness; Extension must be obtained from professor in advance.
Zero points awarded in any category: the required element does not exist in the brief or is unrecognizable in the brief
Beginning
Developing
Accomplished
Exemplary
Brief Format (10%) (maximum 10 points on a 100 point scale)
0-‐4 points: Prescribed format for the case brief not followed.
5-‐7 points: Elements of prescribed case brief format are missing or incorrect.
8-‐9 points: Prescribed case brief format is followed with minimal errors.
10 points: Prescribed case brief format is followed completely with no errors.
Facts (10%) (maximum 10 points on a 100 point scale)
0-‐4 points: Factual statement is incomplete or erroneous, rendering the brief unusable to the reader, at least in part.
5-‐7 points: Important facts are missing and/or unnecessary detail is included; reader is confused by the presentation.
8-‐9 points: Most key/relevant facts are provided; irrelevant facts are omitted; statement of facts is understandable to the reader.
10 points: 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 without error or confusion
Issue (10%) (maximum 10 points on a 100 point scale)
0-‐4 points: The legal issue is incorrectly stated.
5-‐7 points: The legal issue is identified as a general topic and/or is stated in an overly broad manner; precision is lacking.
8-‐9 points: The legal question is presented accurately, but lacking in precision and/or is not framed as a question.
10 points: The legal question or questions are correctly and succinctly stated and the Issue is framed as a question.
Holding (10%) (maximum 10 points on a 100 point scale)
0-‐4 points: The court’s resolution of the legal issue is incorrectly
5-‐7 points: The court’s resolution of the legal issue is overly broad or is
8-‐9 points: The court’s resolution of the legal issue is accurate but lacks
10 points: The court’s resolution of the legal issue is correctly and
Case Brief Rubric Possible 100 points; Deduction of 10% for lateness; Extension must be obtained from professor in advance.
presented and/or the holding of a different court is presented.
inaccurate in some regard.
precision. succinctly stated; issue and holding “match.”
Reasoning/Analysis (40%) (maximum 40 points on a 100 point scale)
0-‐8 points: The court’s reasoning is erroneously presented.
9-‐23 points: The court’s reasoning is presented in only general terms.
24-‐35 points: The court’s reasoning and rationale are accurately presented; some analytical detail may be missing, but there are no errors.
36-‐40 points: The court’s reasoning, analysis, and rationale are presented in a complete, succinct, and understandable manner. All relevant considerations are included.
Writing Mechanics (10%)(maximum 10 points on a 100 points scale)
0-‐4 points: Poor writing mechanics (grammar, punctuation, sentence and paragraph structure and spelling) render the brief unintelligible.
5-‐7 points: Marginal writing mechanics. Brief contains many distracting writing mechanics errors. Language lacks clarity or includes some use of jargon and /or conversational tone.
8-‐9 points: Good writing mechanics. Student demonstrates consistent and correct use of the rules of grammar usage, punctuation and spelling, with a few minor errors.
10 points: Excellent writing mechanics. 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.
Bluebook Citation ((10%)(maximum 10 points on a 100 points scale)
0-‐4 points: Citations either nonexistent, not in Bluebook format, or completely ineffective.
5-‐7 points: Citation is present and approximates Bluebook format. Reader can find case using the citation.
8-‐9 points: Citation is in Bluebook format with some errors.
10 points: Citation is in Bluebook format and error-‐free.
