Teaching American History: Moot Courts and Constitutional Concepts
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Transcript of Teaching American History: Moot Courts and Constitutional Concepts
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Teaching American History:Moot Courts and
Constitutional Concepts
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The Supreme Court
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Which Cases Do They Hear?
Almost exclusively appellate cases Deciding issues of the law, not facts Not determining guilt or innocence Interpreting a law or deciding whether a law or action
is constitutional
Must have a federal issue Saying what a federal law means Determining whether a law or government action
violates the U.S. Constitution No role in saying what state laws mean or whether
laws or actions violate state constitution
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U.S. District Court – 94 districts
Federal Trials
FEDERAL: 1 million cases/yr
STATES: 30 million cases/yr
Trial Courts – municipal or
county
Local Trials
State Supreme Court – highest state court
Intermediate Appeals Court
U.S. Supreme Court?
Original Jurisdiction
~80% of cases accepted come from federal system<1% of cases
accepted are original jurisdiction
U.S. Circuit Court of Appeals: 12 circuits + Federal Circuit
~ 80 Decisions
How do cases get to the
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A Year at the Supreme Court
October
April
June
January
September
Oral arguments
Decisions
Certiorari grants
OCTOBER TERM
(OT) 2013
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Oral Argument
Cases last one hour – each side gets 30 minutesJustices interrupt with questionsIf the U.S. government is siding with one party, they
might get 10 of that side’s 30 minutes to argue.
http://www.oyez.org/cases/2010-2019/2012/2011_11_564
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Decisions
Released as they are ready
Types of Opinions Majority Concurring Dissenting Per Curiam
Lays out court’s decision and reasoning
Summary read from the bench
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Case Studies
PRECEDENTS
ARGUMENTS
ISSUES
FACTS
DECISION
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Unmarked Opinions
PRECEDENTS
ARGUMENTS
ISSUES
FACTS
DECISION 1
DECISION 2
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Judicial Opinion Writing
PRECEDENTS
ARGUMENTS
ISSUES
FACTS
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Student Law Firms
PRECEDENTS
ISSUES
FACTS
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The Fourth Amendment
What are the uncommon words in this Amendment?
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issued, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
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The Fourth Amendment
Who is protected by the Fourth Amendment?Whose actions are limited by the Fourth
Amendment?
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issued, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
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The Fourth Amendment
What is a search? What is a seizure? What kinds of searches and seizures are
prohibited?
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issued, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
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The Fourth Amendment
What is a warrant? How is one obtained? Are warrantless searches ever permitted? If
so, in what circumstances?
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issued, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
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Exceptions to the Warrant Requirement
When the police lawfully arrest the person, they can search him and the area in his immediate control.
When the person voluntarily agrees to the search.
When the police have probable cause to believe that a vehicle contains contraband (because the vehicle could get away while they wait for a warrant).
When the police officer reasonably thinks a person is behaving suspiciously and is likely to be armed. The officer may stop that person and frisk for weapons to protect officer safety.
When an object connected with a crime is in plain view and can be seen from a place where the officer is allowed to be.
When the police encounter certain emergency situations where people are in danger and the police do not have time to get a warrant, they may enter and/or search the building to protect people’s safety.
Government officials may search people and their belongings at borders and airports.
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A Reasonable Expectation of Privacy
Two elements: The person must actually expect the thing to be
private Society generally thinks that expectation is legitimate
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A Reasonable Expectation of Privacy
Two elements: The person must actually expect the thing to be
private Society generally thinks that expectation is legitimate
Reasonable Expectation Not Reasonable
• In plain view in a public place
• The inside of your home• Private areas in your office • Trash left out for collection
• U.S. Postal mail• Opaque containers or
packages• Sounds coming from your
home that are audible outside it
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A Reasonable Expectation of Privacy
Two elements: The person must actually expect the thing to be
private Society generally thinks that expectation is legitimate
Reasonable Expectation Not Reasonable
The inside of your homePrivate areas in your office U.S. Postal mailOpaque containers or
packages
In plain view in a public placeTrash left out for collectionSounds coming from your home
that are audible outside it
• In plain view in a public place
• The inside of your home• Private areas in your office • Trash left out for collection
• U.S. Postal mail• Opaque containers or
packages• Sounds coming from your
home that are audible outside it
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Moot Court: Procedures
The justices enter and the marshal or clerk says, “The Honorable, the Chief Justice and the Associate Justices of the Supreme Court of the United States. Oyez! Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God Save the United States and this Honorable Court!”
The chief justice calls the case: “We’ll hear argument today in case
number 11-564, Florida v. Jardines.”
Petitioner’s Argument (5 minutes*)
Respondent’s Argument (5 minutes*)
Petitioner’s Rebuttal (3 minutes)
Respondent’s Rebuttal (3 minutes)
Justices Deliberate and Announce Decision
Street Law’s civility rule – no questions from the justices for the first 30 seconds