Teaching American History:Moot Courts and

Constitutional Concepts

The Supreme Court

Which Cases Do They Hear?

Almost exclusively appellate cases Deciding issues of the law, not facts Not determining guilt or innocence Interpreting a law or deciding whether a law or action

is constitutional

Must have a federal issue Saying what a federal law means Determining whether a law or government action

violates the U.S. Constitution No role in saying what state laws mean or whether

laws or actions violate state constitution

U.S. District Court – 94 districts

Federal Trials

FEDERAL: 1 million cases/yr

STATES: 30 million cases/yr

Trial Courts – municipal or

county

Local Trials

State Supreme Court – highest state court

Intermediate Appeals Court

U.S. Supreme Court?

Original Jurisdiction

~80% of cases accepted come from federal system<1% of cases

accepted are original jurisdiction

U.S. Circuit Court of Appeals: 12 circuits + Federal Circuit

~ 80 Decisions

How do cases get to the

A Year at the Supreme Court

October

April

June

January

September

Oral arguments

Decisions

Certiorari grants

OCTOBER TERM

(OT) 2013

Oral Argument

Cases last one hour – each side gets 30 minutesJustices interrupt with questionsIf the U.S. government is siding with one party, they

might get 10 of that side’s 30 minutes to argue.

http://www.oyez.org/cases/2010-2019/2012/2011_11_564

Decisions

Released as they are ready

Types of Opinions Majority Concurring Dissenting Per Curiam

Lays out court’s decision and reasoning

Summary read from the bench

Case Studies

PRECEDENTS

ARGUMENTS

ISSUES

FACTS

DECISION

Unmarked Opinions

PRECEDENTS

ARGUMENTS

ISSUES

FACTS

DECISION 1

DECISION 2

Judicial Opinion Writing

PRECEDENTS

ARGUMENTS

ISSUES

FACTS

Student Law Firms

PRECEDENTS

ISSUES

FACTS

The Fourth Amendment

What are the uncommon words in this Amendment?

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issued, but upon probable cause, supported by oath or

affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The Fourth Amendment

Who is protected by the Fourth Amendment?Whose actions are limited by the Fourth

Amendment?

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issued, but upon probable cause, supported by oath or

affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The Fourth Amendment

What is a search? What is a seizure? What kinds of searches and seizures are

prohibited?

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issued, but upon probable cause, supported by oath or

affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The Fourth Amendment

 What is a warrant? How is one obtained?  Are warrantless searches ever permitted? If

so, in what circumstances?

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issued, but upon probable cause, supported by oath or

affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Exceptions to the Warrant Requirement

When the police lawfully arrest the person, they can search him and the area in his immediate control.  

When the person voluntarily agrees to the search.  

When the police have probable cause to believe that a vehicle contains contraband (because the vehicle could get away while they wait for a warrant).

When the police officer reasonably thinks a person is behaving suspiciously and is likely to be armed. The officer may stop that person and frisk for weapons to protect officer safety.  

When an object connected with a crime is in plain view and can be seen from a place where the officer is allowed to be.  

When the police encounter certain emergency situations where people are in danger and the police do not have time to get a warrant, they may enter and/or search the building to protect people’s safety.  

Government officials may search people and their belongings at borders and airports.

A Reasonable Expectation of Privacy

Two elements: The person must actually expect the thing to be

private Society generally thinks that expectation is legitimate

A Reasonable Expectation of Privacy

Two elements: The person must actually expect the thing to be

private Society generally thinks that expectation is legitimate

Reasonable Expectation Not Reasonable

• In plain view in a public place

• The inside of your home• Private areas in your office • Trash left out for collection

• U.S. Postal mail• Opaque containers or

packages• Sounds coming from your

home that are audible outside it

A Reasonable Expectation of Privacy

Two elements: The person must actually expect the thing to be

private Society generally thinks that expectation is legitimate

Reasonable Expectation Not Reasonable

The inside of your homePrivate areas in your office U.S. Postal mailOpaque containers or

packages

In plain view in a public placeTrash left out for collectionSounds coming from your home

that are audible outside it

• In plain view in a public place

• The inside of your home• Private areas in your office • Trash left out for collection

• U.S. Postal mail• Opaque containers or

packages• Sounds coming from your

home that are audible outside it

Moot Court: Procedures

The justices enter and the marshal or clerk says, “The Honorable, the Chief Justice and the Associate Justices of the Supreme Court of the United States. Oyez! Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God Save the United States and this Honorable Court!”

The chief justice calls the case: “We’ll hear argument today in case

number 11-564, Florida v. Jardines.”

Petitioner’s Argument (5 minutes*)

Respondent’s Argument (5 minutes*)

Petitioner’s Rebuttal (3 minutes)

Respondent’s Rebuttal (3 minutes)

Justices Deliberate and Announce Decision

Street Law’s civility rule – no questions from the justices for the first 30 seconds