This week you will write a formal legal brief in the case of Stewart v. Dutra, 543 U.S. 481 (2005). Your brief must be structured as follows:
CASE NAME AND CITATION: As a header on the first page of your brief, you should state the name of the case, identify each party’s role in the case, and give the full Bluebook style citation to the case.
FACTS: Who did what to whom? Include all facts the court considered significant. Summarize in your own words. DO NOT cut and paste from the opinion.
PROCEDURAL HISTORY: Who is asking the court to do what? How did the case procedurally get before this court?
ISSUE(S): What question or questions did the court have to answer in order to make their decision? Your issue(s) should be stated in the form of a question. Make sure you address ALL the issues in the case.
HOLDING: Which way did the court answer the questions posed in the issues? What did they decide?
REASONING: Why did the court decide the case the way it did? What legal standard did they use or establish? What prior cases did the Court rely upon and why?
DECISION: This section gives the Judgment rendered by the court. Describe the final disposition of the case. Did the court affirm the lower court’s decision, reverse it, and/or remand it for additional proceedings?
COMMENTS: Is there anything else that should be mentioned about this case? Is it a “landmark” case? Was the court “divided”? Were there any weaknesses/discrepancies in the court’s opinions?
Legal case names should be done in standard “Blue Book” format. Example: York v. Smith, 65 U.S. 294 (1995). For further info, please visit the Briefing Court Opinions section of the Legal Studies Writing Guide. The research requirement does NOT apply to this assignment. Just use the case that I have provided. I want the brief to be in your own words, so do NOT include long quotes from the opinion itself. Your brief should be no more than 2 pages in length.
Due Date
Jan 24, 2021 11:55 PM
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Rubric Name: LSTD Legal Studies Case Brief Rubric UG 300-400 Level
This table lists criteria and criteria group name in the first column. The first row lists level names and includes scores if the rubric uses a numeric scoring method.
Criteria
Exemplary
Accomplished
Developing
Beginning
Did not attempt
Criterion Score
Case Name & Case Citation
5 points
Case name is correctly stated and parties correctly identified by name and by their role in the litigation; citation to the case itself is complete and accurate and comports with Bluebook format.
4.25 points
Case name is present and parties are identified; citation to the case is given; jurisdiction is evident; errors are minimal.
3.75 points
The Opinion can be located based on the information provided and the court which rendered it can be discerned, but elements of the case name and/or citation are missing.
3.25 points
The Opinion cannot be accurately identified based on the information given and/or the parties’ role in the litigation cannot be discerned.
0 points
The required element does not exist in the brief or is unrecognizable in the brief.
/ 5
Facts
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 and without error or confusion.
8.5 points
Most key/relevant facts are provided; irrelevant facts are omitted; statement of facts is understandable to the reader.
7.5 points
Important facts are missing and/or unnecessary detail is included; reader is confused by the presentation.
6.5 points
Factual statement is incomplete or erroneous, rendering the brief unusable to the reader, at least in part.
0 points
The required element does not exist in the brief or is unrecognizable in the brief.
/ 10
Procedural Posture
10 points
All essential information concerning the history of the case (origin, sequence of case events in various courts, and current posture) is included; courts’ names, jurisdictions, and actions are provided and are accurate.
8.5 points
The history of the case (where it started and how it came to this court) is presented with minimal errors in sequence or process.
7.5 points
Gaps in the history of the case or errors in case sequence or case events exist.
6.5 points
Procedural history does not enable the reader to understand the history of the case and/or how it arrived in this court.
0 points
The required element does not exist in the brief or is unrecognizable in the brief.
/ 10
Issue
10 points
The legal question or questions before this court are correctly and succinctly stated and the Issue if framed in terms of a question.
8.5 points
The legal question is presented accurately, but lacking in precision and/or is not framed as a question.
7.5 points
The legal issue is identified as a general topic and/or is stated in an overly broad manner; precision is lacking.
6.5 points
The legal issue is incorrectly stated.
0 points
The required element does not exist in the brief or is unrecognizable in the brief.
/ 10
Holding
5 points
The court’s resolution of the legal issue is correctly and succinctly stated and is not confused with the Judgment or procedural disposition of the case; Issue and Holding “match”.
4.25 points
The court’s resolution of the legal issue is accurate but is lacking in precision.
3.75 points
The court’s resolution of the legal issue is overly broad or is inaccurate in some regard.
3.25 points
The court’s resolution of the legal issue is incorrectly presented and/or the Holding of a different court is presented, thus presenting an inaccurate picture of this court’s decision.
0 points
The required element does not exist in the brief or is unrecognizable in the brief.
/ 5
Judgment/Disposition
5 points
The disposition of the case and the relief, in any, granted by the court is accurately and clearly stated.
4.25 points
The disposition of the case is accurately stated, but lacks precision.
3.75 points
The disposition of the case can be discerned but is unclear to the reader.
3.25 points
The disposition of the case is erroneously presented.
0 points
The required element does not exist in the brief or is unrecognizable in the brief.
/ 5
Rationale/Analysis
25 points
The court’s reasoning, analysis, and rationale are presented in a complete, succinct, and understandable manner. All relevant considerations are included.
21.25 points
The court’s reasoning and rationale are accurately presented; some analytical detail may be missing, but there are no errors.
18.75 points
The court’s reasoning is presented in only general terms which are not instructive to the reader.
16.25 points
The court’s reasoning is erroneously presented, thereby misleading the reader.
0 points
The required element does not exist in the brief or is unrecognizable in the brief.
/ 25
Dissent/Comment/Significance/Impact
10 points
The student made a correct decision concerning whether there is additional information or commentary which should be conveyed to the reader, including information about a Dissenting opinion; the information is conveyed in a clear and accurate manner. Impact on society, if any, is conveyed.
8.5 points
The student correctly noted the existence of a Dissenting opinion, if any, and accurately described it; information/comments, if any, relate to the opinion in a logical manner.
7.5 points
The student noted a Dissent and/or the significance of the case but described same in an unclear manner.
6.5 points
The student failed to present necessary information about a Dissent or about the significance of the case or presented same in an inaccurate or misleading manner.
0 points
The required element does not exist in the brief or is unrecognizable in the brief.
/ 10
Writing Standards
10 points
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. Headings are used and correspond to the required elements of the case brief.
8.5 points
Student demonstrates consistent and correct use of the rules of grammar usage, punctuation and spelling, with a few minor errors. Headings are used and correspond to the required elements of the case brief.
7.5 points
Paper contains several grammatical, punctuation, and/or spelling errors. Language lacks clarity or includes some use of jargon and /or conversational tone. Some headings are missing or fail to correspond to the required elements of the case brief.
6.5 points
Paper contains numerous grammatical, punctuation, and spelling errors. Language uses jargon or conversational tone; OR brief fails to use Headings.
0 points
The required element does not exist in the brief or is unrecognizable in the brief.
/ 10
Citation of Sources
10 points
Student accurately quotes, paraphrases, and cites information in ways that are true to the original context with no errors.
8.5 points
Student quotes, paraphrases and cites information correctly and consistently, using information in ways that are true to the original context, with minimal errors.
7.5 points
Student quotes, paraphrases and cites information mostly correctly and consistently, in ways that are largely true to the original context.
6.5 points
Student quotes, paraphrases and cites information but may have many errors of use the information out of context.
0 points
The required element does not exist in the brief or is unrecognizable in the brief.
/ 10
Rubric Total Score
Total
/ 100
Overall Score
Overall Score
Exemplary
90 points minimum
Accomplished
80 points minimum
Developing
70 points minimum
Beginning
60 points minimum
Did not attempt
0 points minimum
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