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- updatedCase Briefs Rubric- updatedCriteriaRatingsPtsThis criterion is linked to a Learning OutcomeCase name and citation5.0 ptsInclude the last names of the parties and citation just as in the text. MASTERY OF THIS FACET IS EXCELLENT.4.0 ptsInclude the last names of the parties and citation just as in the text. MASTERY OF THIS FACET IS ABOVE AVERAGE.3.0 ptsInclude the last names of the parties and citation just as in the text. MASTERY OF THIS FACET IS AVERAGE.2.0 ptsInclude 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 OutcomeParties5.0 ptsClearly identify the parties. Specifically state the plaintiff(s) and the defendant(s) in the case. MASTERY OF THIS FACET IS EXCELLENT.4.0 ptsClearly identify the parties. Specifically state the plaintiff(s) and the defendant(s) in the case. MASTERY OF THIS FACET IS ABOVE AVERAGE.3.0 ptsClearly identify the parties. Specifically state the plaintiff(s) and the defendant(s) in the case. MASTERY OF THIS FACET IS AVERAGE.2.0 ptsClearly 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 OutcomeProcedure History10.0 ptsThe results are clearly stated at each level of the court system. MASTERY OF THIS FACET IS EXCELLENT.8.0 ptsThe results are clearly stated at each level of the court system. MASTERY OF THIS FACET IS ABOVE AVERAGE.7.0 ptsThe results are clearly stated at each level of the court system. MASTERY OF THIS FACET IS AVERAGE.5.0 ptsThe 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 ptsFacts included are pertinent to the issue before the Court. MASTERY OF THIS FACET IS EXCELLENT.13.0 ptsFacts included are pertinent to the issue before the Court. MASTERY OF THIS FACET IS ABOVE AVERAGE.11.0 ptsFacts included are pertinent to the issue before the Court. MASTERY OF THIS FACET IS AVERAGE.8.0 ptsFacts 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 ptsThe Issue(s) are identified seperately and in the form of a question that can be “yes” or “no”. MASTERY OF THIS FACET IS EXCELLENT.8.0 ptsThe Issue(s) are identified seperately and in the form of a question that can be “yes” or “no”. MASTERY OF THIS FACET IS ABOVE AVERAGE.7.0 ptsThe Issue(s) are identified seperately and in the form of a question that can be “yes” or “no”. MASTERY OF THIS FACET IS AVERAGE.5.0 ptsThe Issue(s) are identified seperately 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 OutcomeSummary of Arguments10.0 ptsThe parties argument(s) are clearly stated. MASTERY OF THIS FACET IS EXCELLENT8.0 ptsThe parties argument(s) are clearly stated. MASTERY OF THIS FACET IS ABOVE AVERAGE.7.0 ptsThe parties argument(s) are clearly stated. MASTERY OF THIS FACET IS AVERAGE.5.0 ptsThe 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 ptsThe law is stated that the court applied to make its decision. MASTER OF THIS FACET IS EXCELLENT.8.0 ptsThe law is stated that the court applied to make its decision. MASTER OF THIS FACET IS ABOVE AVERAGE.7.0 ptsThe law is stated that the court applied to make its decision. MASTER OF THIS FACET IS AVERAGE.5.0 ptsThe 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 OutcomeCourt’s Reasoning15.0 ptsAll issues are identified and the reasoning and facts are clear. MASTERY OF THIS FACET IS EXCELLENT.13.0 ptsAll issues are identified and the reasoning and facts are clear. MASTERY OF THIS FACET IS ABOVE AVERAGE.11.0 ptsAll issues are identified and the reasoning and facts are clear. MASTERY OF THIS FACET IS AVERAGE.8.0 ptsAll 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 ptsThe 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 ptsThe 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 ptsThe 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 ptsThe 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 ptsThe court’s final action is clearly stated. MASTERY OF THIS FACET IS EXCELLENT.4.0 ptsThe court’s final action is clearly stated. MASTERY OF THIS FACET IS ABOVE AVERAGE.3.0 ptsThe court’s final action is clearly stated. MASTERY OF THIS FACET IS AVERAGE.2.0 ptsThe court’s final action is clearly stated. MASTERY OF THIS FACET IS BELOW AVERAGE.5.0 pts
This criterion is linked to a Learning OutcomeDissenting/Concurring Opinions5.0 ptsConcurring opinion are stated clearly if present. MASTERY OF THIS FACET IS EXCELLENT.4.0 ptsConcurring opinion are stated clearly if present. MASTERY OF THIS FACET IS ABOVE AVERAGE.3.0 ptsConcurring opinion are stated clearly if present. MASTERY OF THIS FACET IS AVERAGE.2.0 ptsConcurring opinion are stated clearly if present. MASTERY OF THIS FACET IS BELOW AVERAGE.5.0 pts
Total Points: 100.0
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