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

Geöffnet: Sonntag, 28. Juli 2019, 23:00

Fällig: Sonntag, 20. Oktober 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.

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Citation

Citation is either absent or is totally incorrect

0 Punkte

Citation is included, but certain details are incorrect or absent

2.5 Punkte

Citation is included, with all significant details correctly given

5 Punkte

Facts of the Case

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

0 Punkte

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

5 Punkte

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

10 Punkte

All significant facts of the case are mentioned correctly

15 Punkte

Issues of the Case

Issues of the case are either absent, or incorrectly stated

0 Punkte

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

8 Punkte

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

17 Punkte

All significant issues of the case are correctly identified

25 Punkte

Reasons of the Court (ratio decidendi)

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

0 Punkte

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

8 Punkte

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

17 Punkte

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

25 Punkte

Holding

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

0 Punkte

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 Punkte

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

5 Punkte

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

7.5 Punkte

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

10 Punkte

Writing

Brief is incomprehensible

0 Punkte

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

5 Punkte

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

10 Punkte

Timely

Brief submitted more than 24 hours after class

0 Punkte

Brief submitted within 24 hours after class

5 Punkte

Brief submitted by the due date, before class

10 Punkte

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