1 / 11

American Politics and Government

American Politics and Government. Legal Reasoning. Relevant Facts. We have studied several court cases in this course so far They are fun They are interesting They let you know what you can get away with These court cases are import because they are a part of precedent law

randall-schmidt
Télécharger la présentation

American Politics and Government

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. American Politics and Government Legal Reasoning

  2. Relevant Facts • We have studied several court cases in this course so far • They are fun • They are interesting • They let you know what you can get away with • These court cases are import because they are a part of precedent law • But, how do we know when a previously-decided case applies?

  3. Relevant Facts • Think of case law as mathematical theorems • They have a specific structure: • If A, then B • A  B • If conditions A exist, then result B must follow • The A are the antecedents, and the B are the consequences • Thus, to get the desired outcome, the lawyer must understand the relevant facts of the case—the “A”

  4. Yoder v. Wisconsin • Which of the following are important facts about Yoder? • Yoder was Amish • Yoder was under 18 • Yoder was white • Yoder belonged to a farming community • Yoder was male • Yoder was Christian • Yoder’s school was public • Yoder’s state was Wisconsin • Yoder’s state was northern • Yoder has a funny name

  5. Texas v. Johnson • Try determining the relevant facts of this case

  6. Texas v. Johnson • Now, look at the next scenario and determine • What are the specifics of this case (Goode)? • Does Texas v. Johnson apply? • If so, what will be the outcome? • If not, what are the important differences?

  7. Situation 1: Goode v. NE • A group of your friends are very angry over a decision by the president of Creighton over student dress (he has mandated uniforms). Your friends are planning to protest at the next Board of Directors meeting, but someone has suggested burning a Creighton flag outside the meeting place (the Skutt Student Center). • In general, is burning a flag legal or illegal? • Is it legal or illegal here? • Does the location matter in this case?

  8. New Jersey v. T.L.O. • Try determining the relevant facts of this case

  9. Situation 2: NE v. A.B.D. • A Nebraska high school senior was caught smoking outside school during lunch. The vice principal asked the school security guard to search A.B.D.’s locker for additional evidence of cigarette use. Three pistols were found, and A.B.D. was arrested. • Will the evidence be excluded? • What if A.B.D. was 19 at the time? • What if he was not smoking on school grounds?

  10. Virginia v. Black • Try determining the relevant facts of this case

  11. Situation 3: NE v. Greene • Greene set fire to an effigy of his neighbor. The burning took place on Greene’s front lawn with Greene’s own materials. Is this protected speech? • Does it matter if Greene’s neighbor is Jewish? • What about Black, Jewish, and gay? • Does it matter if Greene’s neighbor has called the cops on him for a barking dog? • Does it matter if the likeness of the effigy is poor?

More Related