Performance Task
Creating a Civil Law Case
Task:
You will demonstrate your understanding of civil law and a tort action by creating your own case
scenario. You are free to create your own “facts”, but they must support the tort action and the remedy
you are seeking in damages. You will also be called on to outline any available defenses.
Stage 1
Think of the difference between intentional and unintentional torts. Identify the types of intentional and
unintentional torts. Record any possible defenses to these tort actions.
Stage 2
Think about the types of damages that are awarded in a civil action. Highlight the differences among
these types of damages. Record the information in your notes.
Stage 3
You are now ready to create your own scenario for a civil law case. Select an area of tort law, either an
intentional or unintentional tort. The case you create should describe the parties involved, the
circumstances and events that gave rise to the tort, enough evidence to establish that a tort occurred,
evidence to support a defence for the defendant, and information that would support the plaintiff’s claim
for at least one type of damages. The case should be two pages in length. Use the following focus
questions as a guide:
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What is name of the tort?
Who is your plaintiff?
Who is your defendant?
What types of damages are you considering—general, special, nominal, etc.?
Have you included the facts to support the damage claim?
What must be established to prove that the tort has occurred? (In a negligence case, this must
include all the necessary elements of the action)
What evidence will you include to show that you have met all the requirements of the tort
claim?
What possible defence is available to the defendant?
What evidence would tend to establish that the defendant has a defence?
When you have completed your case, use the following tracking sheet to ensure you have completed all
the elements of the case.
Task to be Completed
Name of the tort
Name of the plaintiff
Name of the defendant
Specific types of damages
Facts to support the damage claim(s)
Facts to support the requirements of the tort action
Defence(s) available
Evidence to support the defence claim
Yes
No
CIVIL LAW CASE CREATION
Criteria
RUBRIC
Level 1
Level 2
Level 3
Level 4
Knowledge
Information reflects limited
understanding of relevant
legal issues and concepts
Information reflects some
understanding of relevant
legal issues and concepts
Information reflects a solid
understanding of relevant
legal issues and concepts
Thinking/Inquiry
Case scenario lacks original
ideas or credibility
Case scenario shows some
originality and is convincing
to some degree
Case scenario is original and
convincing
Information reflects a
thorough understanding of
relevant legal issues and
concepts.
Case scenario is highly
creative, yet credible
Sufficient facts and
evidence are provided to
support both the plaintiff’s
and the defendant’s cases
Detailed facts and thorough
evidence are provided to
support both the plaintiff’s
and the defendant’s cases
Information is clear,
concise, and accurate
Information reflects a high
degree of clarity,
conciseness, and accuracy
Limited set of facts and
evidence provide insufficient
support for the plaintiff’s
and the defendant’s cases
Communication
Information is limited in
terms of clarity,
conciseness, and accuracy
Level of language and tone
show a limited sense of
purpose and audience
Organization of written
material is of limited
effectiveness
Use of language conventions
is limited. i.e. errors in
spelling or grammar affect
communication
Comments:
The facts and evidence
provided support for the
plaintiff’s and defendant’s
cases in a minimal way
Information is somewhat
clear, concise, and accurate
Level of language and tone
suit the purpose and
audience to some degree
Level of language and tone
are appropriate to the
purpose and audience
Organization of written
material is somewhat
effective
Organization of written
material is effective
Use of language conventions
is inconsistent, i.e. errors in
spelling or grammar may
distract
Use of language conventions
is accurate and effective,
i.e. there are few errors in
spelling or grammar
Level of language and tone
are perfectly suited to the
purpose and audience
Organization of written
material is highly effective
Use of language conventions
is accurate, effective and
virtually error free