LAW MAKING LAW MAKING A discussion of how rules and laws A discussion of how rules and laws

are written and interpretedare written and interpreted

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What is a law?What is a law?

A Statute A Statute

is a Lawis a Law

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What is the Supreme Law of the What is the Supreme Law of the Land?Land?

The United States ConstitutionThe United States Constitution

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What else does What else does ““Supreme Law Supreme Law of the of the LandLand”” mean? mean?

Laws enacted by the legislative branch Laws enacted by the legislative branch cannot conflict cannot conflict with the United States with the United States Constitution. Constitution.

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Unconstitutional Unconstitutional

If conflict exists, the law will be If conflict exists, the law will be invalidinvalid

as unconstitutionalas unconstitutional. .

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VS.

Consider the following proposed Consider the following proposed new rule for your school:new rule for your school:

No Animals are No Animals are Allowed on School Allowed on School GroundsGrounds

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What do you think of this What do you think of this rule?rule?

Why is this Why is this

rule in place?rule in place?

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Ask yourself:Ask yourself:

What is the rule intended to What is the rule intended to accomplish?accomplish?

Will the rule create a better Will the rule create a better school?school?

Will the rule keep students safe?Will the rule keep students safe?

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Ask yourself:Ask yourself:

Is the rule reasonable?Is the rule reasonable?

Is it clear and easy to follow?Is it clear and easy to follow?

What should be the penalty for What should be the penalty for disobeying the rule?disobeying the rule?

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Ask yourself:Ask yourself:

Is the rule fair?Is the rule fair?

Can the rule be applied to Can the rule be applied to everyone equally?everyone equally?

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Class DiscussionClass Discussion You will serve as judges.You will serve as judges.

Read each of the following factual Read each of the following factual patterns. Discuss and decide:patterns. Discuss and decide:

Does the fact pattern violate the rule?Does the fact pattern violate the rule? How does the rule apply in each fact How does the rule apply in each fact

pattern?pattern? If the pattern violates the rule, what If the pattern violates the rule, what

discipline would you impose if you were discipline would you impose if you were the principal?the principal?

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Fact pattern #1:Fact pattern #1:

A teacher would like to bring in A teacher would like to bring in mice for a classroom science mice for a classroom science project. The mice will be kept in project. The mice will be kept in a cage.a cage.

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Fact pattern #2:Fact pattern #2:A parent walks her child to school A parent walks her child to school

each morning with the family each morning with the family dog on a leash. They walk onto dog on a leash. They walk onto school grounds to ensure that school grounds to ensure that the child arrives safely.the child arrives safely.

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Fact pattern #3:Fact pattern #3:A visually impaired student brings A visually impaired student brings

her companion dog to school to her companion dog to school to help her move from class to help her move from class to class.class.

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Fact pattern #4:Fact pattern #4:A police dog enters campus with a A police dog enters campus with a

police officer to investigate a police officer to investigate a crime.crime.

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Fact pattern #5:Fact pattern #5:A hungry, abandoned dog wanders A hungry, abandoned dog wanders

on campus and a student feeds on campus and a student feeds him leftovers from the cafeteria.him leftovers from the cafeteria.

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No Animals are Allowed No Animals are Allowed on School Groundson School Grounds

Conclusion: rule is poorly Conclusion: rule is poorly drafted. It doesn’t allow for drafted. It doesn’t allow for exceptions and is too broad. exceptions and is too broad.

Does your school have rules Does your school have rules like this? like this?

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