ANSWER FORMAT: ISSUES issue is…” “the a rule…” a general rule,” majority rule…” rule from______” law, the court “as “as “the “the “in has ruled…” ANALYSIS this case” the matter at hand” “here” “in “In For going in a different direction: the other hand” “on “Alternatively” Emphasize additional addition…” “in “Moreover…” CONCLUSION my view…” the reasons discussed above…” (important “In “for “accordingly…” “because rationale” the court shoud…” SAMPLE MATRIX Maximum Points (30) Law (15 pts) Accurately states applicable law, lists all elements/factors if relevant Includes applicable law, some vagueness Has some of the applicable law, incomplete or not well stated Inaccurate law, elements missing Analysis (10 pts) Thoroughly uses facts, shows application, very good depth of analysis Uses some facts, shows some application, good depth of analysis Limited use of facts, application is conclusory Poor use of facts, not well-connected to legal rules, more recitation than analysis Additional Considerations (5 pts) Answer well organized, uses answer format well Demonstrates understanding of theory underlying legal rules Addresses counterarguments Presents argument or use of facts Theories of Constitutional Interpretation THEORY A general method and/or set of ideas for approaching a legal problem (“originalism” is a THEORY of constitutional interpretation) DOCTRINE Rules that guide decisions in particular legal cases (applying the scrutiny” test to racial “strict classifications is settled constitutional law DOCTRINE) Positions and beliefs about gov’t structure and policies (personally identifying as a or “liberal” IDEOLOGY “democrat”
ANSWER FORMAT: ISSUES “the issue is…” “as a rule…” “as a general rule,” “the majority rule…” “the rule from______” “in law, the court has ruled…” ANALYSIS “here” “in this case” “In the matter at hand” For going in a different direction: “on the other hand” “Alternatively” Emphasize additional “in addition…” “Moreover…” CONCLUSION “In my view…” “for the reasons discussed above…” “accordingly…” “because (important rationale” the court shoud…” SAMPLE MATRIX Maximum Points (30) Law (15 pts) Accurately states applicable law, lists all elements/factors if relevant Includes applicable law, some vagueness Has some of the applicable law, incomplete or not well stated Inaccurate law, elements missing Analysis (10 pts) Thoroughly uses facts, shows application, very good depth of analysis Uses some facts, shows some application, good depth of analysis Limited use of facts, application is conclusory Poor use of facts, not well-connected to legal rules, more recitation than analysis Additional Considerations (5 pts) Answer well organized, uses answer format well Demonstrates understanding of theory underlying legal rules Addresses counterarguments Presents argument or use of facts Theories of Constitutional Interpretation THEORY A general method and/or set of ideas for approaching a legal problem (“originalism” is a THEORY of constitutional interpretation) DOCTRINE Rules that guide decisions in particular legal cases (applying the “strict scrutiny” test to racial classifications is settled constitutional law DOCTRINE) IDEOLOGY Positions and beliefs about gov’t structure and policies (personally identifying as a “liberal” or “democrat”
Constitutional-Law-West-Falcon-2015.docx