Critérios para Envios

Case Brief - Judgement of April 9th, 1949 (Operation Retail)

Aberto: domingo, 28 jul. 2019, 23:00

Vencimento: domingo, 20 out. 2019, 23:59

For this week's assignment you are required to brief the Court's majority opinion on the Corfu Channel Case. In order to facilitate discussion, we will deal with it as two separate decisions, one regarding the claims advanced by the United Kingdom against Albania, and the other on the claims advanced by Albania against the United Kingdom. For the next class, you are required to present the brief of the decision regarding the facts that took place in November 1946.

I expect you to show that you can identify the main facts of the case, the legal issue in question, the rule or rules applied by the Court, and the reasoning by which the Court arrived at its conclusion. In addition, you are required to present an analysis of the opinion: Has the Court correctly applied the law? Is the Court's reasoning sound? Do you agree with the Court's holding (or holdings) in this case?

You have to submit your case brief via Moodle before class. Late submissions will be penalized, and will be accepted only within a week of the due date.

Citation

Citation is either absent or is totally incorrect

0 pontos

Citation is included, but certain details are incorrect or absent

2.5 pontos

Citation is included, with all significant details correctly given

5 pontos

Facts of the Case

Facts of the case (including essential aspects of the proceedings) have been completely overlooked or are grossly incorrect

0 pontos

Facts of the case have been confused with other aspects of the case

5 pontos

Facts of the case have been correctly described, but certain important facts have been overlooked

10 pontos

All significant facts of the case are mentioned correctly

15 pontos

Issues of the Case

Issues of the case are either absent, or incorrectly stated

0 pontos

Issues of the case have been confused with other aspects of the case

8 pontos

Some issues of the case are correctly identified, but some key issues are overlooked or incorrect

17 pontos

All significant issues of the case are correctly identified

25 pontos

Reasons of the Court (ratio decidendi)

Brief either omits or incorrectly states the reasons given by the Court in deciding

0 pontos

Brief describes the reasons of the Court, but they have been confused with other aspects of the case.

8 pontos

Brief either overlooks key reasons given by the Court in deciding, or incorrectly describes them

17 pontos

Brief describes correctly all key reasons given by the Court in deciding

25 pontos

Holding

Court's holding is either absent, or is completely incorrect

0 pontos

Court's holding is present, but it has been confused with other aspects of the case or with the holding of another phase of the case

2.5 pontos

Court´s holding is partially incorrect, but unnecessary information has been included.

5 pontos

Court´s holding is correct, but unnecessary information has been included.

7.5 pontos

Court´s holding is correct, and no unnecessary information has been included.

10 pontos

Writing

Brief is incomprehensible

0 pontos

Grammar and spelling errors make it difficult to understand the brief.

5 pontos

Grammar and spelling errors are either not present in the brief, or do not hamper its comprehension.

10 pontos

Timely

Brief submitted more than 24 hours after class

0 pontos

Brief submitted within 24 hours after class

5 pontos

Brief submitted by the due date, before class

10 pontos