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briefing

Page history last edited by abogado 9 years, 10 months ago

CASE BRIEF

GRADING RUBRIC

 

Outstanding

A

Proficient

B

Adequate

C

Inadequate

D/F

Case Name and Citation

 

Complete case name and properly formatted citation appear at the top of the case brief

Complete case name is provided but citation is incomplete

Complete case name is provided but no citation is give

Neither the case name nor the citation appears at the top of the case brief OR both case name and citation are incorrect.

Operative Facts

 

Operative facts are relevant to the issue being examined by the court and are logically organized.   

Facts are relevant to the question being answered but lack coherence or organization. 

Irrelevant facts are included.  Lack of logical organization.  

Relevant facts are omitted or lost in discussion of unrelated information.   

Procedural Facts

 

Procedural history of the case is clearly and logically presented in proper chronology.

Procedural history of the case is presented but chronology is confusing.

Some procedural history is presented.

No procedural history is presented.

Issue/Short Answer

 

Includes all elements (applicable law, issue being examined and relevant facts) in a well crafted, grammatically correct question.

Answer responds to question being posed.

Issue is separately articulated, but does not include all elements; applicable law, issue being examined and relevant facts.

Answer responds to question being posed.

Issue is not separately articulated, but implied through description of facts or discussion of law.

Answer does not respond to question being posed.

Issue is not articulated

 

No answer is given.

Law

 

Law is correct and is relevant to the question being answered.  Rule(s) of law succinctly paraphrased rather than quoted. 

Law is correct and is relevant to the question being answered, but is not paraphrased

Rules of law are used in providing answer, but it is unclear if writer understands the law and is properly applying it.

Rules of law are omitted from answer or incorrect law is used.

Rationale

 

The court’s reasoning is presented in a clear and logical fashion, leading the reader to an understanding of the rationale behind the law. 

Law is applied to the facts, but the underlying rationale is not clear.  

Analysis is unclear, causing the reader to question whether the law is correct. 

 

No analysis of the law is given.

Writing Mechanics

Sentence structure, grammar, punctuation are substantially correct.

Each component‘s material is logically organized and presented in a clear, concise manner.

Sentence structure, grammar, punctuation are substantially correct.

Organization is logical but needs better consistency and clarity.

Adherence to rules of writing is poor.

Material lacks organization and/or is unclear, making it difficult to understand.

Rules of writing are ignored or misunderstood.

No apparent logic to the organization of the material.  Writing lacks clarity.

**above adopted from case grading rubric - AAFPE.org website

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