Your job is to apply a supreme court case to your law.
Imagine that your law was enacted by the state or federal government and is now being challenged in court. Whether you choose to support/defend your law or oppose/attack your law, you would be required to cite precedent for either cause. In this assignment, I want you to make your case using a previous decision from the court.
INSTRUCTIONS:
Start a new thread (discussion topic) and title it (in the ‘subject’ line) with the name of your law.
Begin the body (message) with the name of the case that you are applying.
Use the rest of the message area to describe how the case supports or opposes your law.
Submit.
RULES:
You can choose any Supreme Court case.
You can support or defend any aspect of your law; ie. the punishment your law advocates, the rights your law eliminates, the group
your law affects, etc.
You cannot just name a case . . . you must describe the law that is defined by the case and explain why it applies to your law.
You may use cases that have been overturned/overruled.
You cannot use cases that have no real application to your law; ie. Miranda v. Arizona applying to rotten teeth law because when police arrest you for your teeth do not inform you of your rights (bad example, but I hope you get the point)
If you are completely unable to find a case that applies to your law, you may choose to support/oppose someone else’s law. (you have to email me and ask for permission to do this)
Example:
Alcohol Control Drinks Act
LAW IN QUESTION:
The Alcohol Control Drinks Act is a branch of criminal law that deals with the sale of alcoholic drinks to the public. The main objective of the law is to strike a balance between working time and leisure time. In so doing, the sale of alcoholic drinks is regulated by time frames. The law requires that alcoholic drinks be sold as from 5 pm during weekdays and 2 pm during weekends to 11 pm. It applies to supermarkets selling alcoholic drinks, bars, and wines and spirits outlets. However, nightclubs have to operate a restaurant in conjunction with the bar. The law, however, only applies to sale and consumption of alcohol in public places. The law does not apply if an individual buys alcohol from a public outlet at the stipulated operating hours (5 pm) and consumes it in private (in the house), regardless of the time. Moreover, the law forms a significant part of criminal law because the state is protected against harm caused by excessive alcohol consumption among the working population to road safety in the long-run.
CASE APPLIED TO LAW:
Carroll v. United States
A liquor store owner, George Carroll, was pulled over on their way to Michigan by federal police officers under the belief that they were violating the National Prohibition Act. They found liquor, illegally obtained, within Carroll’s car. Carroll contended that, since the search and seizure was illegal, the use of the liquor as evidence violates their constitutional rights. The Supreme Court, however, upheld the search of the car without a warrant, since there was probable cause when it was seized.
APPLICATION OF CASE TO LAW:
Following the doctrine under Carroll, a search conducted with probable cause during the 11 PM to 5/2 PM time frames are legal and liquor being consumed between those times may be used as evidence. On the other hand, a search conducted within the time frame, but still with probable cause is also still legal, since there is probable cause to see that the individual consuming the drink is breaking the said law.