1. Class reading and debate using a case brief
Objective: Students will be able to debate the issues of law through a preliminary reading and argument by using a case brief (a model case brief is included in the Appendix)
Procedure:
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1. Students will be divided into groups of three or four.
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2. Hand a case brief to each student
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3. Have students read the case facts out loud. Summarize the case.
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4. Question the facts of the case. Who is the petitioner? Respondent?
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5. What are the issues of law?
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6. Read the arguments for both sides of the case. What are the "best" arguments for the petitioner? For the respondent?
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7. How do you think the US Supreme Court should decide the case? Back up your decision with applicable laws.
2. Moot Court Preparation
Objective: Students will be able to research, write, and deliver arguments in front of an audience.
Procedure:
a. Read, review, and clarify the facts of the case in groups
b. Team preparation. Students need to be divided into teams of litigants and judges (as well as reporters if more roles are required). One way of doing this is to divide students based on teacher intuition, or have students write short preliminary arguments to the case and use them as "applications" for various roles.
i. Each legal team needs to prepare written and oral arguments for the case. When preparing arguments, students should consider the following:
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1. What does each side want?
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2. What are the most persuasive arguments for and against their side? Why?
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3. How can you best counter the opposing arguments?
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4. How do the legal precedents influence this case? Which precedents should you make use of ?
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5. What are possible consequences of each decision to society? Include this in your argument's conclusion.
ii. Judge Preparation. The justices need to be very familiar with the case facts, issues, the constitution, applicable laws, arguments, and precedents relating to the case. Each justices should prepare at least six questions (three for each side) that they need answered in order to reach a decision. The justices can select a chief justice, who will preside over the hearing, ensure proper procedure is followed, and recognize other justices to speak during or after the oral arguments.
iii. Moot Court Procedure
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1. Initial Oral Argument - petitioner (5 min)
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2. Initial oral argument - respondent (5 min)
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3. Rebuttal - petitioner (2 min)
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4. Rebuttal - respondent (2 min)
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5. Remaining questions from justices.
iv. Deliberation
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1. After the hearing, the justices can organize into a fish-bowl circle, with the other students and the audience silently observing. With their notes, the justices will deliberate and question the case to come to a decision. It is to be stressed that they do not have to come to a consensus. All of the arguments presented should be discussed, as well as evidence used on their behalf. Each justice should give reasons for their decisions.
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2. The chief justice will tally the votes and announce the majority decision of the court and the most compelling arguments for that decision. Those justices who dissent will explain the reasoning for their dissent.
3. Debriefing. This is a very important learning activity for the unit, and at least one class should be devoted to it after the Supreme Court decision. The actual court case decision as rendered in Rodriguez should be given, with excerpts of both the majority and dissenting opinions read and discussed. Explain that the rodriguez decision is still the "law of the land." Have students evaluate the reasoning of the original court, and discuss the following:
1. If the decisions were different, how did they differ?
2. What effect might the decision have had on society? Do we see evidence of the decision today? In our own school? Does it matter?
3. Discuss the issue of race in the case - how central was race in the case? How central is it now?
4. Bring students up to speed on the current debate:
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A. Some say educational "inputs" like funding are not correlated with educational "outputs" like test results. Use our own school as an example: we get less funding than other New Haven schools but consistently outperform the district average.
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B. Discuss the current educational financing litigation in Connecticut.