Common Errors Guide
CLA-specific error catalog: how to diagnose and teach correction for errors unique to this course.
Priority Guide
High Priority (Always flag): Incomplete rule statement, conclusory application, missing CREAC components, topic-specific major errors
Medium Priority: One-sided application, unsynthesized rules, weak analogies, poor organization
Lower Priority: Passive voice, wordiness, grammar/spelling (unless pervasive)
Rule Statement Errors
Example: "Negligence requires duty and breach" (missing causation, damages)
Diagnosis: Count elements in source cases. Does the rule statement have all?
Feedback: "Your rule has elements 1, 2, 3. You're missing element 4, which [cases] require."
Teach: Model reading a multi-element case and extracting all elements into the rule statement.
Example: "Negligence requires intent to cause harm" (wrong—negligence doesn't require intent)
Diagnosis: Read the case. Compare to student's rule. Ask: "Does the case actually say this?"
Feedback: "The case says [X]. Your rule says [Y]. Notice the difference? [Clarification of correct rule]."
Prevent: Require case annotations. Check rule statements before students draft application.
Example: "Case A says X. Case B says Y. Case C says Z." (No unified rule)
Diagnosis: Look for multiple sentences starting with "Case [name] says." No integrated rule statement.
Feedback: "You've listed three cases. Integrate them: The rule requires X (from Case A), Y (from Case B), and Z (from Case C)."
Teach: Model how to combine three rules into one synthesized statement. Use graphic organizer if helpful.
Application Errors
Example: "The defendant breached duty." (No facts or explanation)
Diagnosis: Application section is very short. Can you identify which facts prove the conclusion? If not, it's conclusory.
Feedback: "You state X. Now show me how facts prove X. Use: '[Fact] shows [element] because [connection to legal standard].'"
Teach: Model weak vs. strong application. Emphasize: application is where legal thinking happens.
Example: Arguments only why plaintiff wins; no acknowledgment of counterargument
Diagnosis: Read application. Is there any acknowledgment of the other side's argument? If not, it's one-sided.
Feedback: "You said X. But couldn't [other party] argue Y? How would you respond? Add that counterargument and your response."
Teach: Model debate structure: Thesis → Antithesis → Synthesis. Make counterargument a rubric point.
Example: "The defendant was negligent" (no specific facts cited) or "There was breach" (doesn't cite which contract term or how it was breached)
Diagnosis: Count factual references. Can you remove facts and the argument still makes sense?
Feedback: "State your conclusion, then cite specific facts that prove it. Use: The fact that [specific fact] shows [element] because [connection to rule]."
Teach: Have students highlight facts in their application. Emphasize: legal analysis is matching facts to law.
Organization Errors
Example: Missing conclusion, rule explanation, application, or closing conclusion
Diagnosis: Check each CREAC component. Present? Conclusion clear? Rule explained? Application shown? Conclusion restated?
Feedback: Identify which component is missing: "Your opening doesn't state your conclusion" or "Where's your rule explanation?" or "You need application to show facts meet the rule."
Prevent: Require CREAC template use. Model structure repeatedly. Make each component a rubric point.
Example: Paragraph jumps topics without transitions. Sentences don't connect logically.
Diagnosis: Read paragraph. Do sentences relate? Can you see the logic flow? Is there a topic sentence?
Feedback: "This sentence about X doesn't connect to the previous sentence about Y. Add a transition word (therefore, however, etc.) to show how these relate."
Prevent: Require outlining. Use peer review for flow assessment.
Writing Errors (Lower Priority)
Note: These are lower priority than rule, application, and organization errors. Address only if pervasive.
- Passive voice: Mark and ask for active voice revision
- Wordiness: Suggest tighter phrasing
- Ambiguous pronouns: Ask student to use names instead of pronouns for clarity
Topic-Specific Errors
Negligence-Specific Error: Missing Foreseeability Analysis
Common error: Rule doesn't mention foreseeability. Duty analysis doesn't discuss whether harm was foreseeable.
Feedback: "Your rule is missing foreseeability. Foreseeability is key to establishing duty."
Teach: Model analysis repeatedly. Use exemplars showing foreseeability application.
Contracts-Specific Error: Missing Consideration Analysis
Common error: Rule requires only offer and acceptance; treats consideration as automatic or assumed.
Feedback: "Contracts require offer, acceptance, AND consideration. Analyze consideration: What did each party exchange?"
Teach: Teach consideration explicitly. Use exemplars showing consideration analysis.
Employment Law-Specific Error: Conflating Different Treatment with Discrimination
Common error: "Different treatment occurred, therefore discrimination occurred" (missing BECAUSE OF analysis).
Feedback: "Different treatment alone isn't discrimination. The treatment must be BECAUSE of a protected characteristic. What evidence shows that?"
Teach: Make BECAUSE OF requirement explicit in rule and rubric. Model cases showing discrimination vs. non-discriminatory difference.
Strategic Approach to Error Feedback
Prioritize by Assignment
PS1 (Early): Comprehensive feedback on fundamentals (rule accuracy, application clarity, CREAC structure).
PS2 (Mid): Flag growth from PS1 and emerging patterns. Continue foundational work.
PS3 (Late): Focus on sophistication (counterargument, nuance). Affirm mastery of fundamentals.
Communicating Errors
Be specific, not vague. Not: "Your writing is unclear." But: "Your application lacks concrete facts. You state X, but don't show which facts demonstrate it."
Show what strong looks like. Then state what student should do next. End with growth message.