U.S. History & Govt. Honors

The McGehee School, 2007 – 2008

On OUR Docket: Moot Supreme Court

OUR DOCKET: These are the FIVE cases we chose for our project.

OUR COURT: Read the judicial philosophies of our Court.


REQUIREMENTS

If you are a JUSTICE, you will be responsible for the following:

  • 1 – 2 page statement of your judicial philosophy–do you lean toward judicial activism, judicial restraint, or something in between? How have you decided on previous cases? (you’ll take some poetic license here) that will help the lawyers determine where you stand. You will need to do some research in order to write this statement. Identify a justice who shares your judicial philosophy and research how he or she voted on specific cases. I’ll help you determine the justice.
  • questions for each of the lawyers presenting cases–this will require you to read the appellate briefs submitted by each lawyer and to be familiar with the precedent setting cases. Your questions will need to reflect the judicial philosophy you have defined for yourself.
  • 1 page wrap up of your decision on the case–this needs to be consistent with your judicial philosophy
  • a properly formated Works Cited—MLA format is a must.

If you are a LAWYER, you will be responsible for the following

  • a 1 – 2 page appellate brief presenting your side of the case. See below for more information.
  • a five minute oral presentation of your side of the case & an outline of your major points
  • a handout listing the main precedent setting cases which are important to your argument including a brief summary of the facts of the case, the constitutional question, and the decision–in your own words. (both lawyers can work on this.
  • a properly formated Works Cited—MLA format is a must.

ASSESSMENT

You can access the rubric here: http://docs.google.com/Doc?id=dfkh6z8r_30htc48gfc

JUSTICES

  Possible Pts. Earned Pts. Comments
Judicial Philosophy 30 pts.    
Oral Argument Questions 15 pts.    
Summary of Your Decision 15 pts.    
Works Cited 5 pts.    
Effort 5 pts    
Total 100 pts.    

LAWYERS

  Possible Pts. Earned Pts. Comments
Appellate Brief 40 pts.    
Oral Argument & Outline 40 pts.    
List of Precedent Cases 10 pts.    
Works Cited 5 pts    
Effort 5 pts    
Total 100 pts.    

Resources

How Tos:

  • How to Write a Majority or Dissenting Opinion (Justices Only)

Case Resources

  • Death Penalty Information Center

Possible Cases

Fourth Amendment Cases

  • Arizona v. Gant, Rodney Joseph (2008)—This case is on the docket for this term but has not yet been argued. It addresses the question of warrantless searches. If an individual voluntarily gets out of a car, are the police allowed to search that car without a warrant?

Fifth Amendment Cases

  • Kelo v. City of New London (2005)–Did the City of New London violate the Takings Clause of the Fifth Amendment rights when it took private property to sell to a developer?
  • Yarborough v. Alvarado (2004): do the police need to take into account a suspect’s age before deciding when to read him or her his or her Miranda rights?

Sixth Amendment Cases

  • Indiana v. Edwards (2008)—This case is on the docket for the term but has not yet been argued. Just how competent does someone have to be to represent him or herself in court? Take this case to find out!

Eighth Amendment Cases

  • Kennedy v. Louisiana (2008)--this case has been argued but not decided. It addresses the constitutionality of the death penalty as a punishment for the rape of a child.
  • Panetti v. Quarterman (2007)-–how competent does someone have to be to be eligible for the death penalty? What about people who suffer from schizophrenia?

Privacy/ Women’s Issues

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