Briefing Rubric

Our grading of your legal briefs will mostly follow the steps in Delaney (pages 15–25 and as discussed in class), with an additional component based upon your overall writing quality. Note that you will combine the issue and holding, and omit the procedural history and judgment.

The grader will generally choose the lowest applicable score for each component. For example, a Facts component that contains all relevant legal facts, but also significant irrelevant information will likely be graded a 1 or 2, not a 3. Particularly for the less clear-cut components of the brief, such as Reasoning and Writing Quality, the items listed are guidelines and not absolutes.

Each brief is worth 11 points total.

1. Facts
   • 3 points: All relevant legal facts identified (parties and roles; plaintiff’s cause-of-action; elements that pose conflict; facts most relevant to element); defenses and element) in question; facts most relevant to elements). Minimal extraneous information.
   • 2 points: Majority of facts identified. Some irrelevant information may be present.
   • 1 point: Some facts identified. Significant irrelevant or incorrect information.
   • 0 points: Few (or no) correct facts present.
2. Issue and Holding
   • 2 points: One (or rarely, two) sentences determining the issue and holding of the appellate court, that contain the relevant key facts, the particular element or language of the rule that is the crux of the dispute on appeal, and the rule that requires the element.
   • 1 point: Most but not all components present. Some irrelevant information may be present.
   • 0 points: Most or all components missing. Significant irrelevant information present.
3. Reasoning
   • 3 points: All major arguments identified and clearly separated.
   • 2 points: Most arguments identified. Some arguments not clearly separated. Obvious types missing. Some extraneous information present.
   • 1 point: Some arguments correctly identified. Arguments commingled. Some irrelevant or incorrect information present.
   • 0 points: Few or no arguments correctly identified. Significant irrelevant, misleading, or incorrect information present.
4. Writing Quality
   • 3 points: Concise, grammatically correct writing. No misspellings; little if any incorrect punctuation.
   • 2 points: Overly verbose writing. Minor grammar, spelling, or punctuation errors.
   • 1 point: Writing requires significant reader effort to understand. Major grammatical, spelling, and punctuation errors.
   • 0 points: Incoherent or incomprehensible writing.