Case Persuasion

Written Case Study Assignment

Students will be provided a 2-page case study written by the instructor. Students will be asked to play the role of lawyer for the plaintiff or defendant (so take a side – represent only one party) and write an assignment no longer than 500 words that:

  • Spots the legal issues[1] for the party they represent;
  • Develops a theory[2] of their case for the plaintiff or defendant; and
  • Highlights the strengths and weaknesses of their case[3], and their strategies for dealing with both in the context of the oral presentation.

Written Case Analysis Marking Rubric:20%

  • The student’s written case analysis identifies the applicable legal issues./5
  • The student’s written case analysis identifies the strengths and weaknesses of the case for the plaintiff or defence and determines strategies for overcoming weaknesses and highlighting strengths in pursuing their case./5
  • The case study develops a coherent and persuasive theory of the case for the plaintiff or defence that highlights the strengths of the case./5
  • The written assignment is written persuasively and logically with few spelling and grammatical mistakes./5

[1] Legal issues have to do with the problems in the case. You have to identify what the law is and how it applies in your case. Then ask: “What is the problem with the applicable law?”. Legal issues can be about which law applies, how it applies and if it applies at all.

[2] A theory of the case is your position and approach about the legal issues in the case and how you’re going to argue about them in the court. It is basically your strategy for winning the case.

[3] It is important to remember that a party’s weakness is another party’s strength. So be aware what your party’s weaknesses are and be prepared how to defend your client and overcome them, and know what the other party’s weaknesses are so you can use them to your advantage.

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