You will be assigned another case brief to review and comment on. You must also use the rubric to assess each part of the case brief.
Notes on your peer review:
The reviews are anonymous, so you won’t know whose brief you’re reviewing, and you won’t know who reviewed yours.You’re not assigning grades, but you’re reviewing the case brief against the standards set out in the rubric below.Make sure to use the rubric in your evaluation—both for assessment and in your comments.Be constructive with your comments. What is good about the case brief? What could use some improvement or additional attention?
Kyllo v. US rubric –
Criteria RatingsThis criterion is linked to a Learning Outcome FactsWho are the parties to the case? What is the underlying crime that led to this case? How did the case get to the Supreme Court?Full creditAnswer summarizes, in the student’s own words, all of the relevant facts and the procedural history of the case. This section is focused only on the factual summary and not the other sections in the case brief.Partial creditAnswer includes most of the facts and the procedural history of the case, but may miss some key facts or rely heavily on quoting from the case itself rather than summarizing in own words.Needs improvementSummary of the facts and procedural history is missing key elements, is unorganized, or missing.This criterion is linked to a Learning Outcome IssueWhat is the basic legal question regarding what specific provision of law the court must address in this case?Full creditAnswer provides a concise statement of the legal question that the court must address and resolve. This section focuses only on the legal issue and not the other sections in the case brief.Partial creditAnswer addresses the legal question in part but may not be complete or may include discussion of other sections of the case brief.Needs improvementAnswer does not address the legal question or may focus on factual issues that aren’t related to the law.This criterion is linked to a Learning Outcome AnalysisThe court’s analysis of the existing laws and prior cases that may apply to this new case. In this section, summarize the court’s review of prior laws and its discussion of whether those laws must evolve and why.Full creditAnswer summarizes, in the student’s own words, the court’s review of older laws that relate to this case and its discussion of whether those laws must change. Identifies why the court created any new rule that it is going to apply in this case. This section is focused only on the court’s summary of the law, and not the other sections in the case brief.Partial creditAnswer addresses the prior laws and summarizes the court’s legal analysis in part. Answer may stray to other sections or rely heavily on quoting from the case itself rather than summarizing in own words.Needs improvementSummary of the court’s legal analysis is missing key elements, is unorganized, or missing key details.This criterion is linked to a Learning Outcome ApplicationHow does the law that the court has distilled in its analysis apply to the facts of this case? If the court created a new rule, how does it apply to these facts? The summary of the court’s application should consider the facts of the case that were important to the court’s conclusion.Full creditAnswer summarizes, in the student’s own words, the court’s application of the law to the facts of this case. Details the facts that the court identified as important in reaching its conclusion or holding. This section is focused only on the court’s application of the law to the facts, and not the other sections in the case brief.Partial creditAnswer summarizes the court’s application of the law to the facts, but with less detail or explanation. The answer may stray to other sections or rely heavily on quoting from the case itself rather than summarizing in own words.Needs improvementSummary of the court’s application of the law to the facts of the case is missing key elements, is unorganized, or missing key explanations.This criterion is linked to a Learning Outcome HoldingWhat did the court decide to do with this particular case (i.e., affirm or reverse) and what is the court’s answer to the basic legal question posed in the issue section of the case brief?Full creditAnswer reaches the correct outcome of the case and addresses the legal question posed in the issue statement. This section is focused only on the holding and not the other sections in the case brief.Partial creditAnswer addresses the outcome without explanation of the legal question.Needs improvementDoes not state the outcome or misstates the court’s holding. May not address the legal issue.This criterion is linked to a Learning Outcome RuleWhat rule of law is announced in this case? The rule should be stated as an abstract, general principle that can be applied to future cases involving this issue, using this case as precedent.Full creditAnswer identifies the new rule that the court has created and states it in a concise way that can be applied to future cases with similar issues. This section is focused only on the rule and not the other sections in the case brief.Partial creditAnswer identifies a rule, but the restatement of it addresses facts of this case, or it is missing elements of the rule.Needs improvementThe summary of the court’s legal analysis is missing key elements, is unorganized, is missing key details, or is too general.This criterion is linked to a Learning Outcome Dissenting argumentWhat is the reasoning of the dissenting judges? How do they differ from the majority? Do they differ in the new rule or how it was applied or both?Full creditAnswer summarizes, in the student’s own words, the dissenting opinion and fully explains why those justices disagreed with the majority and what the dissenting justices would do differently.Partial creditAnswer addresses dissenting opinion in a cursory manner. Might rely heavily on quoting from the case itself rather than summarizing in own words.Needs improvementSummary of the dissenting opinion is missing key elements, is unorganized, or missing key details.
