TIPS
Do the assigned readings.
Reading the cases is the very essence of this course and is simply not optional for learning the material or performing well on the assignments. The short summarizes available all over the internet are not an effective shortcut.
Focus on detail.
Law is a body of countless “picky” details. Words matter. For example, stating that the police were suspicious does not mean the same as stating that the police had probable cause. A search after an arrest follows a different set of rules than a search based on reasonable suspicion or probable cause before an arrest. Learn the vocabulary being used in the cases and use the terms correctly. Be “picky.”
Brief the cases, which means summarizing them.
There are countless briefing formats available on the internet. Find a format that works for you. Any brief, or summary generally, should contain four key elements:
1. Title of the case and citation
2. Facts of the case relevant to the Supreme Court’s decision
What happened to get this case to an appellate court? Which actions are being challenged? What are the specific issues being considered by the Court?
2
4. Significance of the decision
How does the Court’s interpretation of law create, change, or reinforce precedent? In other words, why is this particular case important to the development of constitutional law? Do not simply repeat the decision. Think about how this rule will affect future cases.
Include all of the assigned cases in your opinions.
The assigned cases are an essential part of the case law underlying the issues in the hypotheticals. Be sure that you do not omit any of these cases.
In discussing the assigned Supreme Court cases, do not discuss lower court rulings or the cases being cited by the Supreme Court.
Supreme Court opinions include the procedural history of the case, including details of lower court rulings. These opinions also cite a lot of cases as precedent. Do not include this in your papers. Focus only on what the Supreme Court is deciding and announcing.
Address each issue presented, even if the answer seems obvious.
Answering each question presented to the court is essential to the assignments. Do not assume that the answer is obvious or somehow implicit in your previous arguments. Address each issue clearly, directly, and separately.
Do not use more than a total of two direct quotes from the various cases in each paper, and these quotes should be short (no more than two sentences each). Generally, the writings of the Court should be rephrased into your own words.
The assignments are not an exercise in copying and pasting from the justices’ opinions. Use your own words to explain the points you are making rather than simply repeating the justices.
Common legal terms such as search incident to a valid arrest, or stop and frisk, do not need to be in quotations and do not count toward the two-excerpt limit.
3. The Court’s decision and legal reasoning to justify the decision
Who won, and why? Summarize the major arguments used to decide the questions. Focus on the meaning of the Constitution being articulated by the Supreme Court. What is the legal rule or rules given in this case?
Be specific about which constitutional provisions are being interpreted.
One summary statement at the beginning of the paper is acceptable if the summary is clear about which constitutional provisions apply to which specific issues and cases. This is constitutional law, and the justices are interpreting the Constitution. Which parts?
When preparing the opinion of the court, write in the third person, as illustrated by the justices’ approach to the cases you are reading.
Terms such as “the Supreme Court finds” or “this Court has decided” are appropriate, but expressions of personal opinion written in the first person are not. For example, do not state something along the lines of “I think this case should be decided” or “I find.”
Restrict your references to the textbook, lectures, online archive, and assigned cases.
No other sources should be used for this assignment, except www.oyez.org for Illinois v. Lidster.
Carefully review the rubric provided for each assignment before you begin writing.
A rubric is available for each opinion showing exactly how the assignment will be graded. These rubrics will be helpful in organizing your work and checking to be sure that you have not omitted anything significant.
Read the instructions for each hypothetical carefully and follow the directions for formatting your papers.
3
Each hypothetical should be written in the standard format described in the instructions, including requirements for font size and page length. Be sure to include a title page, table of authorities, statement of subject matter, issues presented, arguments and analysis, and conclusion, Start each of these six sections on a new page. These requirements will be helpful in organizing your arguments and thinking through the questions in each assignment.
Review the Formatting Guide for Case Citations and follow these instructions.
All cases included in an assignment must be cited properly, including page numbers for any excerpts taken verbatim from the justices’ opinions.
4
Do not use contractions or abbreviations common to social media in any of the written work for this course. Also, careful editing is essential. Do not allow numerous typographical errors, poorly constructed sentences, and mistakes in spelling and usage to distract the reader and thus diminish the impact of your arguments. These will be considered in evaluating the quality of your work.
Here are few examples of the correct use of capitalization:
Capitalize “Supreme Court” or “Court” when referring to the U.S. Supreme Court, as in: In this case, the Supreme Court decided.
Capitalize the specific amendments to the Constitution, as in: In the Constitution, the Fourth Amendment states.
Capitalize specific clauses in an amendment, as in: As the Court explained, the Searches and Seizures Clause requires.
Be very sure that your work reflects the standards of academic integrity. Plagiarism and all other forms of academic dishonesty are strictly prohibited. This includes the use of artificial intelligence (e.g., chatbots) to write the opinions.
Do not cheat, not only because you will be penalized but because Spartans set a higher standard. Respect yourself, your classmates and professor, and our university.
Be mindful not to copy portions of the Oyez case summaries or from other sources discussing Supreme Court decisions. Oyez is the usual, but certainly not only, source for plagiarism in this course.
Turnitin software will be used to scan all work submitted in this course for originality and is effective in flagging plagiarism.Do the assigned readings.
Reading the cases is the very essence of this course and is simply not optional for learning the material or performing well on the assignments. The short summarizes available all over the internet are not an effective shortcut.
Focus on detail.
Law is a body of countless “picky” details. Words matter. For example, stating that the police were suspicious does not mean the same as stating that the police had probable cause. A search after an arrest follows a different set of rules than a search based on reasonable suspicion or probable cause before an arrest. Learn the vocabulary being used in the cases and use the terms correctly. Be “picky.”
Brief the cases, which means summarizing them.
There are countless briefing formats available on the internet. Find a format that works for you. Any brief, or summary generally, should contain four key elements:
1. Title of the case and citation
2. Facts of the case relevant to the Supreme Court’s decision
What happened to get this case to an appellate court? Which actions are being challenged? What are the specific issues being considered by the Court?
2
4. Significance of the decision
How does the Court’s interpretation of law create, change, or reinforce precedent? In other words, why is this particular case important to the development of constitutional law? Do not simply repeat the decision. Think about how this rule will affect future cases.
Include all of the assigned cases in your opinions.
The assigned cases are an essential part of the case law underlying the issues in the hypotheticals. Be sure that you do not omit any of these cases.
In discussing the assigned Supreme Court cases, do not discuss lower court rulings or the cases being cited by the Supreme Court.
Supreme Court opinions include the procedural history of the case, including details of lower court rulings. These opinions also cite a lot of cases as precedent. Do not include this in your papers. Focus only on what the Supreme Court is deciding and announcing.
Address each issue presented, even if the answer seems obvious.
Answering each question presented to the court is essential to the assignments. Do not assume that the answer is obvious or somehow implicit in your previous arguments. Address each issue clearly, directly, and separately.
Do not use more than a total of two direct quotes from the various cases in each paper, and these quotes should be short (no more than two sentences each). Generally, the writings of the Court should be rephrased into your own words.
The assignments are not an exercise in copying and pasting from the justices’ opinions. Use your own words to explain the points you are making rather than simply repeating the justices.
Common legal terms such as search incident to a valid arrest, or stop and frisk, do not need to be in quotations and do not count toward the two-excerpt limit.
3. The Court’s decision and legal reasoning to justify the decision
Who won, and why? Summarize the major arguments used to decide the questions. Focus on the meaning of the Constitution being articulated by the Supreme Court. What is the legal rule or rules given in this case?
Be specific about which constitutional provisions are being interpreted.
One summary statement at the beginning of the paper is acceptable if the summary is clear about which constitutional provisions apply to which specific issues and cases. This is constitutional law, and the justices are interpreting the Constitution. Which parts?
When preparing the opinion of the court, write in the third person, as illustrated by the justices’ approach to the cases you are reading.
Terms such as “the Supreme Court finds” or “this Court has decided” are appropriate, but expressions of personal opinion written in the first person are not. For example, do not state something along the lines of “I think this case should be decided” or “I find.”
Restrict your references to the textbook, lectures, online archive, and assigned cases.
No other sources should be used for this assignment, except www.oyez.org for Illinois v. Lidster.
Carefully review the rubric provided for each assignment before you begin writing.
A rubric is available for each opinion showing exactly how the assignment will be graded. These rubrics will be helpful in organizing your work and checking to be sure that you have not omitted anything significant.
Read the instructions for each hypothetical carefully and follow the directions for formatting your papers.
3
Each hypothetical should be written in the standard format described in the instructions, including requirements for font size and page length. Be sure to include a title page, table of authorities, statement of subject matter, issues presented, arguments and analysis, and conclusion, Start each of these six sections on a new page. These requirements will be helpful in organizing your arguments and thinking through the questions in each assignment.
Review the Formatting Guide for Case Citations and follow these instructions.
All cases included in an assignment must be cited properly, including page numbers for any excerpts taken verbatim from the justices’ opinions.
4
Do not use contractions or abbreviations common to social media in any of the written work for this course. Also, careful editing is essential. Do not allow numerous typographical errors, poorly constructed sentences, and mistakes in spelling and usage to distract the reader and thus diminish the impact of your arguments. These will be considered in evaluating the quality of your work.
Here are few examples of the correct use of capitalization:
Capitalize “Supreme Court” or “Court” when referring to the U.S. Supreme Court, as in: In this case, the Supreme Court decided.
Capitalize the specific amendments to the Constitution, as in: In the Constitution, the Fourth Amendment states.
Capitalize specific clauses in an amendment, as in: As the Court explained, the Searches and Seizures Clause requires.
Be very sure that your work reflects the standards of academic integrity. Plagiarism and all other forms of academic dishonesty are strictly prohibited. This includes the use of artificial intelligence (e.g., chatbots) to write the opinions.
Do not cheat, not only because you will be penalized but because Spartans set a higher standard. Respect yourself, your classmates and professor, and our university.
Be mindful not to copy portions of the Oyez case summaries or from other sources discussing Supreme Court decisions. Oyez is the usual, but certainly not only, source for plagiarism in this course.
Turnitin software will be used to scan all work submitted in this course for originality and is effective in flagging plagiarism.