Professional Documents
Culture Documents
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 judges 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 students commentary on the case. It is NOT simply a summary of what has already been stated
elsewhere in the brief.)
Assignment
Business Law
Students names:
Date: ___________________
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.
3. Legal Issue(s):
general legal
question(s)
answered by or
illustrated within
the case.
1. Citation
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.
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 is addressed
competently, but certain
aspects of the ratio
decidendi have been
overlooked.
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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