Supreme Court Assignment
Instead of just reading Supreme Court opinions, we will also simulate the way in which the decisions are made. To this end, we will conduct a mock Supreme Court where you will play one of the roles at the Court (justice, attorney) in hypothetical cases. This assignment is worth 100 points, which is two letter grades (the same as an exam).
Importantly, you will be evaluated (anonymously) by others in your group. This will factor into your grade. FAILURE TO TURN IN AN EVALUATION FORM WILL NEGATIVELY IMPACT YOUR GRADE.
Role Descriptions
Attorneys: The attorneys will be split into teams and given a hypothetical case and client. Let's say it is Solo v. Picard; you will be assigned to represent one of the two parties. You and your group will then prepare an argumentative brief urging the Court to rule in favor of your client using case law we have discussed or will discuss in class. Do not use o? syllabus cases. If you say it, you should have a case to back it up. Unlike the summary briefs which you have written during the semester, these briefs will state your side's view of the case and applicable law. Instead of simply summarizing cases in a neutral manner, these argumentative briefs are tools of advocacy. Put your spin on the facts, emphasize the cases helpful to you, and find ways to distinguish those cases which hurt your position.
On the day of oral arguments, one of your group members will present oral arguments to the Court. You will get ?ve minutes to make your case. Recall that the justices can interrupt you with questions at any time- there is no assistance from your group members when you are arguing to the Court (so whoever presents oral arguments should be very familiar with the brief and the cases you cite.) You must cite case law over the course of your argument. I do not want to hear arguments based on facts.
Justices: The justices will receive the party briefs in each case a few days before oral argument. After reading over the briefs, the justices will hear oral arguments in the case. During oral arguments the justices may ask questions at any time (this includes interrupting the attorneys mid-sentence if you so wish). Questions should reference not only what the attorney has said, but also what is written in the brief, and your understanding of the case law at hand. After the oral arguments are over, the justices will meet privately to vote and assign opinions. One of the justices will announce the opinion at a later class period. You will note that there is a very short turn-around between the oral arguments and when the opinion is due. To that end, you should begin to prepare your opinion well in advance using the briefs submitted by the parties (with minor tweaks after oral arguments.)
HOW TO BRIEF A CASE
CONTENT
1. Place your name, course number and date of the brief at the top right of the page.
2. Identify the case by name, the year of the decision, and the court which issued the decision (almost always the U.S. Supreme Court in this class.)
3. Facts of the case: Very briefly explain the background to the case. What circumstances occurred that gave rise to the conflict currently before the court? Be as brief and concise as possible. All you need here is the basic information to understand the conflict and why it is being appealed to the court.
4. Statutory Provision: Most of these cases will involve a legal challenge to a specific law or act that has been passed by Congress or a state legislature. If so, please provide that information here. Sometimes, there will be no clear statute involved. If that is the case, identify the governmental action which is in dispute.
5. Constitutional Provision: What section of the Constitution is involved? The Court will almost always tell you this in their opinion.
6. Legal Question (Issue:) Usually this is determined by the conflict between the statute and the section of the Constitution involved. Specifically, what is the legal issue that the Court is being asked to resolve?In order of priority, this is the third most important section of your briefs.
7. Reasoning: In this section, you should explain the Court's answer to the Legal Question, in your own words. Explain what the Court said as concisely as possible. The purpose of briefing cases is to understand the Court's decision and to have a more manageable summary to study for the exams. Putting the reasoning of the Court into terminology and language that you understand more easily will help you understand the case and will help you study.Do not simply copy long sections of the case in your brief. That does not demonstrate that you understand the case. Put it in your own words.This is the most important section of your briefs and you should spend most of your time on this section.
8. Outcome (Decision:) Who won? What was the specific factual outcome? Ex: "The Texas Flag Burning Statute was overturned."
9. Doctrine/Standard/Rule of Law: Think of this as the "take away." Think of this as telling me why we care about this case, in one sentence. What specific doctrine or tests were set down (ex. Clear and Present Danger Test; Valid Secular Policy Test?)This is the precedent of the case. This is - if you forget everything else - the part of the case you should remember. After the Reasoning, this is the most important section of the brief.
TIPS AND HINTS
10. Many times the Court explains the Legal Question in the opinion, so look for the Court to define the question as you read the decision.
11. Look for where the Court says: "This is what the rule should be," "This is what we decide," "Here are the reasons...." These are just examples, and you will not always find them, but just look for specific things that make it clear why the Court has ruled in a certain manner.
12. The Doctrine/Standard/Rule of Law is probably the most difficult section of your briefs. Look for broad statements about what the Court says about how future courts ought to rule in this area of law.
13. Your briefs should be 1 - 2 pages long.
Quiz
1. RFRA (1993) was intended to restore a previously-existing standard of review in cases involving religious liberty. What standard was that? Name and define.
2. Two components of religious liberty. Identify these components, and cite a case pertaining to each one.
3. "You must all say a prayer of your choice, either silently or out loud, before class commences." Constitutional or not?
Format your assignment according to the following formatting requirements:
1. The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
2. The response also include a cover page containing the title of the assignment, the student's name, the course title, and the date. The cover page is not included in the required page length.
3. Also Include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.
Attachment:- Case-Brief-Eversonv-Board-of-Education.rar