Attorney's Role     Justice's Role     Timetable Grading
 

 The class will divide into six groups of four or five students each, with each group selecting one of the cases on the case list.  After selecting a case the group will split to become counsel for the Petitioners and counsel for the Respondents.  Each pair of Attorneys will then research information about the case and prepare their arguments for their Supreme Court session.  In addition to serving as attorney's during the hearings for their case, each group will serve one or two court sessions as Supreme Court Justices. 

Attorney's Role- Attorney's are trying to win their case by convincing the Court that the Constitution agrees with their client's point of view.

1. Each attorney team will e-mail copies of their brief (one to two pages, single spaced, suitable for copying) of their position to the opposing lawyers and the justices hearing their case by 5:00 the Friday before their case is heard.   See the instructions for writing briefs.

3. For each case the facts have already been determined in the lower court.  Teams may not argue that any of those facts are inaccurate.  However you may be able to find additional information or a line of reasoning from this case or others that will help support the presentation of your case. 

4. Arguments do not need to be confined to the case material supplied to each team.  Any argument thought to be persuasive can be used.  Ultimately, however, your logic and reasoning should be based on precedents and/or your interpretation of relevant sections of or amendments to the U.S. Constitution. 

5.  Information used in your arguments must be historically time sensitive.  In other words, you may not cite any cases or events after the time of your case, but you may use general arguments inspired from such sources in your presentation if you wish. 

6. Teams should anticipate active questioning from the Justices.  Questions should be answered immediately and concisely since your time cannot be extended. 

7. TheAppellant attorneys (petitioners) will present their arguments first, followed by the Respondent team. 
 

1. Justices will receive briefs the Friday before their hearing and will study the briefs in order to be familiar with their cases the before the hearing.  Judges may also do any additional preparation they think best.

2. Each Justice will create a summary paragraph about their main case and a list of questions generated from the briefs to be turned in after their court session.

3.  It will be apparent during the hearing that the Justices are prepared to ask questions about those parts of the lawyers’ arguments that are unclear or need further explanation.  Justices are encouraged to ask questions at any time, as needed, during the proceeding however they must be fair to the attorneys and not overwhelm them with questions.

4.  Each Justice will consider the case they have heard and write a one page typewritten (double spaced) opinion explaining his/her decision and the constitutionally based reasoning that led to that decision. Opinions will be drawn from each Justices’ interpretation of the logic, reasoning and examples as presented in the briefs and the oral arguments.  No personal opinion, knowledge of the actual outcome of the case or outside information should prejudice a Justices’ decision.  Constitutional interpretation of the issue at hand, not guilt or innocence, is the only criteria.  The opinions will be read and turned in on the last day.

5.  Justices will often hear a second case and must render and explain their decision but do not need to write it up.

     March 28- Groups formed, cases selected, discussion of roles and procedures. 

     Library or lab-  April 5/6, April 7/8, April 11

     Briefs Due- Friday April  8 by 5:00 P.M. e-mailed to justices and opposing  Attorneys.
 
    Cases heard- April 12/13 and 14/15
    Justice's question list due-after each case is heard
    Justice's Opinion- due Mon. April 25

Team Order      1 presents case to 6- Tues/Wed.. April 12/13      2 presents case to 4-                         3 presents case to 5-                         4 presents case to 1- Thur/Fri. April 14/15      5 presents case to 2-                    6 presents case to 3-

Brief for case- 20 points (team grade)- should be clear, legible and convincing.  Follow guide exactly.  Good use of facts and constitutional reasoning 

Role as lawyer- 25 points (1/2 individual, 1/2 team)- Make sound convincing arguments.  Be clear, logical, use time well, roughly equal participation, answer questions clearly, maintain decorum.
Role as Justice- 10 points- Show preparation, participate in case, demonstrate fairness.

Justice prep/opinion papers-5/10 points (individual grade).  Show good grasp of case and Constitutional issues involved, clear reasoning to decision. 

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