English 220.003.

Major Writing Assignment #1: The Case Note

First Draft Due: Monday, September 16 (5 points) Final Draft Due: Monday, September 23 (10 points)
Rhetorical Situation: Pretend you are a first year law student. As a part of your torts class, your professor asked you to draft a short Case Note on a recent Opinion from the New Mexico courts. Your professor has explained that the purpose of this assignment is threefold: to demonstrate your ability to understand this type of legal text by asking you to summarize and explain the Opinion; to strengthen your critical thinking skills by asking you evaluate the merits of the legal reasoning used by the judge or judges in the case; and to develop your legal advocacy skills by asking you to consider the legal, political, social and economic implications of the ruling. Your professor has asked that you specifically consider these three purposes when drafting your Case Note. However, you are aware that the Case Note you draft can be used as a part of your application to the schools law review next semester. As such, you will want consider this potential audience and purpose in drafting your paper, as well. Writing Assignment: In this assignment, you are being asked to write a Case Note about one, from among four, recent New Mexico judicial Opinions that I have placed on BlackBoard Learn. Each of these cases involve elements of tort law that you will use in your later two Major Writing Assignments. Case Notes are one of the first genres that new law students encounter in their studies. Case Notes are used to summarize and analyze recent Opinions of the courts. They are sometimes published in law reviews (legal scholarly journals) and used by law students and lawyers in the field to help them quickly understand new developments in the law. Case Notes generally contain the following sections: An Introduction where the judicial opinion is introduced and situated within the context of the relevant legal, political, social, economic, or other historical background. A Summary and Exposition which contains: o A summary of the material facts of the case and procedural history of the lawsuit o An explanation of the ruling or holding of the Opinion, including a discussion of the reasoning relied upon by the judge in arriving at this ruling. o An explanation of any dissenting opinions, including an identification of the specific points on which the judges disagree. o A statement of the disposition (end result) of the case. A Commentary and Analysis which offers a critical analysis of the issues and reasoning of the Opinion. The Commentary also discusses the significance and potential implications of the decision. A Conclusion that sums up the important elements of the Case Note and posits future developments. Your paper must contain at least 1,000 words. It may be formatted in any way that you wish, but please remember to cite your sources according to accepted conventions. Grading Rubric: You are not being tested on whether or not you fully understand tort law in this assignment, although you should do your best to extract the relevant law from what you have read.

English 220.003. Major Writing Assignment #1: The Case Note

First Draft Due: Monday, September 16 (5 points) Final Draft Due: Monday, September 23 (10 points)
Instead, you are being asked to develop your critical reading, writing, and reasoning skills by summarizing and analyzing a legal text. Do your best to explain the Opinion, critically evaluate the judges logic and reasoning, and consider the legal, social, political, or economic implications from the case. The better you explain the case, its reasoning, and your critique of the Opinion, the better you will do on this assignment. This assignment is worth 15% of your final grade. Five percent (5%) will be based on timely submission of your First Draft and active participation in Peer Review. The remaining 10% will be allocated to your Final Draft, which will be evaluated according to the following rubric: Content: 30 25 points 24 20 points 19 0 points Summary and The Case Note offers a cogent The Case Note explains the The Case Note does not Exposition and insightful explanation of facts, procedural history, satisfactorily explain the the facts, procedural history, rulings, and reasoning of the facts, procedural history, rulings, and reasoning of the Opinion, but the summary rulings, and/or reasoning Opinion such that a reader and exposition needs further of the Opinion. This could easily understand the development. content needs significant issues involved in the case. development. Content: 35 30 points 29 20 points 19 0 points Commentary The Case Note contains a The Case Note analyzes the The Case Note does not and Analysis cogent and insightful critique reasoning and broader adequately analyze the of the reasoning and broader implications of the Opinion, reasoning and/or broader implications of the Opinion but the Commentary and implications of the such that a reader could easily Analysis need further Opinion. This content understand the significance of development. needs significant the case. development. Organization 10-8 points 7-5 points 4-0 points Ideas are presented clearly Ideas are presented logically, The paper lacks clarity and logically so that the but the papers organization due to flaws in structure reader can easily follow the needs development. Sections and organization. writers reasoning. Sections are labeled but not clearly are clearly labeled and organized. organized logically. Tone and Style 10-8 points 7-5 points 4-0 points Style is graceful, compelling, Style expresses clear ideas Style is unclear or and effective. Tone is but needs development. Tone ineffective. Tone is engaging, consistent, and is generally appropriate for inappropriate for the appropriate for the context. context. context. Grammar and 10-8 points 7-5 points 4-0 points Mechanics All paragraphs and sentences There are some distracting There are numerous are free or mostly free from surface errors. surface errors which distracting surface errors. distract the reader. Formatting 5-4 points 3-2 points 1-0 points The paper is formatted There are some errors in There are numerous errors professionally and sources are formatting. in formatting which cited according to accepted distract the reader. conventions.

English 220.003. Major Writing Assignment #1: The Case Note

First Draft Due: Monday, September 16 (5 points) Final Draft Due: Monday, September 23 (10 points)