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 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: ___________________

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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