A Judicial Opinion

Case Brief Assignment (Page 572 & Supplement)
Faverty v. McDonald’s Restaurant’s of Oregon, Inc., 892 P.2d 703:

Please read the judicial opinion and the dissenting opinion HERE to complete the case brief assignment. This case is also discussed in the textbook on page 572.

Please refer to Explanation of Case Briefs in the Module 02. This provides an overview for the basis of a case brief, tips, and grading requirements. In addition, review the case briefs rubric for the grading scale.

Case Briefs Rubric.pdf

Rubric
Case Briefs Rubric- updatedCase Briefs Rubric- updatedCriteriaRatingsPtsThis criterion is linked to a Learning OutcomeCase name and citation5.0 pts

Include the last names of the parties and citation just as in the text. MASTERY OF THIS FACET IS EXCELLENT.4.0 pts

Include the last names of the parties and citation just as in the text. MASTERY OF THIS FACET IS ABOVE AVERAGE.3.0 pts

Include the last names of the parties and citation just as in the text. MASTERY OF THIS FACET IS AVERAGE.2.0 pts

Include the last names of the parties and citation just as in the text. MASTERY OF THIS FACET IS BELOW AVERAGE. 5.0 pts
This criterion is linked to a Learning OutcomeParties 5.0 pts

Clearly identify the parties. Specifically state the plaintiff(s) and the defendant(s) in the case.

MASTERY OF THIS FACET IS EXCELLENT.4.0 pts

Clearly identify the parties. Specifically state the plaintiff(s) and the defendant(s) in the case. MASTERY OF THIS FACET IS ABOVE AVERAGE.3.0 pts

Clearly identify the parties. Specifically state the plaintiff(s) and the defendant(s) in the case. MASTERY OF THIS FACET IS AVERAGE.2.0 pts

Clearly identify the parties. Specifically state the plaintiff(s) and the defendant(s) in the case. MASTERY OF THIS FACET IS BELOW AVERAGE.5.0 pts

This criterion is linked to a Learning Outcome Procedure History 10.0 pts

The results are clearly stated at each level of the court system. MASTERY OF THIS FACET IS EXCELLENT.8.0 pts

The results are clearly stated at each level of the court system. MASTERY OF THIS FACET IS ABOVE AVERAGE.7.0 pts

The results are clearly stated at each level of the court system. MASTERY OF THIS FACET IS AVERAGE.5.0 pts

The results are clearly stated at each level of the court system. MASTERY OF THIS FACET IS BELOW AVERAGE.10.0 pts

This criterion is linked to a Learning OutcomeFacts15.0 pts

Facts included are pertinent to the issue before the Court. MASTERY OF THIS FACET IS EXCELLENT.13.0 pts

Facts included are pertinent to the issue before the Court. MASTERY OF THIS FACET IS ABOVE AVERAGE.11.0 pts

Facts included are pertinent to the issue before the Court. MASTERY OF THIS FACET IS AVERAGE.8.0 pts

Facts included are pertinent to the issue before the Court. MASTERY OF THIS FACET IS BELOW AVERAGE.15.0 pts
This criterion is linked to a Learning OutcomeIssue10.0 pts

The Issue(s) are identified separately and in the form of a question that can be “yes” or “no”. MASTERY OF THIS FACET IS EXCELLENT.8.0 pts

The Issue(s) are identified separately and in the form of a question that can be “yes” or “no”. MASTERY OF THIS FACET IS ABOVE AVERAGE.7.0 pts

The Issue(s) are identified separately and in the form of a question that can be “yes” or “no”. MASTERY OF THIS FACET IS AVERAGE.5.0 pts

The Issue(s) are identified separately and in the form of a question that can be “yes” or “no”. MASTERY OF THIS FACET IS BELOW AVERAGE.10.0 pts
This criterion is linked to a Learning Outcome Summary of Arguments10.0 pts

The parties argument(s) are clearly stated. MASTERY OF THIS FACET IS EXCELLENT8.0 pts

The parties argument(s) are clearly stated. MASTERY OF THIS FACET IS ABOVE AVERAGE.7.0 pts

The parties argument(s) are clearly stated. MASTERY OF THIS FACET IS AVERAGE.5.0 pts

The parties argument(s) are clearly stated. MASTERY OF THIS FACET IS BELOW AVERAGE.10.0 pts
This criterion is linked to a Learning OutcomeRule10.0 pts

The law is stated that the court applied to make its decision. MASTER OF THIS FACET IS EXCELLENT.8.0 pts

The law is stated that the court applied to make its decision. MASTER OF THIS FACET IS ABOVE AVERAGE.7.0 pts

The law is stated that the court applied to make its decision. MASTER OF THIS FACET IS AVERAGE.5.0 pts

The law is stated that the court applied to make its decision. MASTER OF THIS FACET IS BELOW AVERAGE.10.0 pts
This criterion is linked to a Learning Outcome Court’s Reasoning15.0 pts

All issues are identified and the reasoning and facts are clear. MASTERY OF THIS FACET IS EXCELLENT.13.0 pts

All issues are identified and the reasoning and facts are clear. MASTERY OF THIS FACET IS ABOVE AVERAGE.11.0 pts

All issues are identified and the reasoning and facts are clear. MASTERY OF THIS FACET IS AVERAGE.8.0 pts

All issues are identified and the reasoning and facts are clear. MASTERY OF THIS FACET IS BELOW AVERAGE.15.0 pts
This criterion is linked to a Learning OutcomeHolding10.0 pts

The court’s answer to the question is stated in yes or no format with limited explanation. Holdings for each issue are identified. MASTERY OF THIS FACET IS EXCELLENT.8.0 pts

The court’s answer to the question is stated in yes or no format with limited explanation. Holdings for each issue are identified. MASTERY OF THIS FACET IS ABOVE AVERAGE.7.0 pts

The court’s answer to the question is stated in yes or no format with limited explanation. Holdings for each issue are identified. MASTERY OF THIS FACET IS AVERAGE.5.0 pts

The court’s answer to the question is stated in yes or no format with limited explanation. Holdings for each issue are identified. MASTERY OF THIS FACET IS BELOW AVERAGE.10.0 pts
This criterion is linked to a Learning OutcomeDisposition5.0 pts

The court’s final action is clearly stated. MASTERY OF THIS FACET IS EXCELLENT.4.0 pts

The court’s final action is clearly stated. MASTERY OF THIS FACET IS ABOVE AVERAGE.3.0 pts

The court’s final action is clearly stated. MASTERY OF THIS FACET IS AVERAGE.2.0 pts

The court’s final action is clearly stated. MASTERY OF THIS FACET IS BELOW AVERAGE.5.0 pts
This criterion is linked to a Learning Outcome

Dissenting/Concurring Opinions5.0 pts

Concurring opinion are stated clearly if present. MASTERY OF THIS FACET IS EXCELLENT.4.0 pts

Concurring opinion are stated clearly if present. MASTERY OF THIS FACET IS ABOVE AVERAGE.3.0 pts

Concurring opinion are stated clearly if present. MASTERY OF THIS FACET IS AVERAGE.2.0 pts

Concurring opinion are stated clearly if present. MASTERY OF THIS FACET IS BELOW AVERAGE.5.0 pts
Total Points: 100.0

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