Supreme+Court+Case+Studies

Supreme Court Case Study Procedures
1. Name the case o McCulloch v. Maryland 1819 o Gibbons v. Ogden 1824 o Texas v. Johnson 1989

2. Review of Facts- carefully review and clarify all of the facts. Ask the following questions: o What happened in this case? o Who are the parties? o What facts are important? Unimportant? o Is any significant information missing? o Why did the people involved act the way they did?

3. Frame the Issue- pinpoint and discuss the issues or problems presented by the case. The legal issue is the question of law on which resolution of the case turns. //An issue should be posed in the form of a question//. Also consider issues of public policy, values in conflict, and practical reality. For example, a case study involving abortion might involve the following issues: o Legal: Is abortion legal? If so, under what circumstances? o Public Policy: Should abortion be legal? Why or why not? o Values in Conflict: Which value is more important, a woman's right to privacy or an unborn child's right to life? Why? o Practical: What are the options open to someone faced with an unwanted pregnancy? Where can someone in this situation go for help and advice?

4. Discuss the Arguments: Once you are focused on the issues, develop and discuss arguments for and against each of the various points of view. Consider the following questions: Be nice to each other! o What are the arguments in favor of and against each point of view? o Which arguments are most persuasive? Least persuasive? Why? o What might be the consequences of each course of action? To the parties? To society? o Are there any alternatives?

5. Reach a Decision: Evaluate the decision. Do you agree or disagree with it? What will the decision mean for the parties? For society? Compare your conclusion with the real conclusion.