Case Brief and Presentation
A.
Each of you will research a court case. This assignment will consist of
1) A written brief submitted to turnitin.com – due by
2) An in-class verbal summary – Presentations start Wednesday, December 4
B.
For your court case, be prepared to summarize and present the following:
1) Facts of the case—basic description of what happened so we can remember the significance.
2) Issue—What are the constitutional issues involved in the case? These are usually stated in
question form, and refer to the rights and constitutional issues involved. Put this in words that are
understandable. See below.
3) Decision and Significance—What did the court decide about the “Issue” and why? This is less
about what the vote was and more about the precedent it established. What does the case do that
has never been done before? What is the principle of law related to this case? What new
reasoning is introduced? Is this a precedent setting case? Ie: What’s such a big deal about this?!
4) Cite your sources in proper MLA format!!!
5) Now, once you’ve looked up and understood your case…look at it in context. How is it different
than the others in its grouping on the sheet? Talk to the people who have those cases and touch
base on how yours builds upon or departs from theirs. This will help you be focused on the
“significance” portion.
Example: Barron v. Baltimore (1833)
Facts: John Barron was co-owner of a profitable wharf in the Baltimore harbor. The city
developed and large sand deposits started filling in the harbor. Barron claimed deep
waters were key to his business and sued the city to recover some of his financial losses
(compensation for loss of property).
Issue: Does the 5th amendment ban the state government from taking private property
for public use without compensating the property’s owner? (eminent domain)
Decision: Unanimous no. The states can take private property without compensating the
property’s owner.
Significance: The limitations in the Fifth Amendment were intended to limit the national
government, not applicable to the states. The intent of the framers was to check the
Washington D.C. government so since the Fifth Amendment did not apply to the states,
the Supreme Court had no jurisdiction to check the power of the state government.
C.
Be prepared to summarize your case for your classmates as we move throughout this unit.
1) The oral presentation is required for full credit.
2) The oral presentation should be limited to 2 minutes. Rehearse this beforehand!
3) Be able to explain the case rather than just read off the entire “significance” from oyez.org.
D.
Good websites to use that will give you only what you need, not too much (Wikipedia!):
www.landmarkcases.org
www.law.cornell.edu
www.oyez.org
www.findlaw.com
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4)
Core Court Cases to Know
1. Engel v. Vitale (1962)
2. Abington School District v. Schempp
(1963)
3. Lemon v. Kurtzman (1971)
4. Employment Division of Oregon v. Smith
(1990)
5. Zelman v. Simmons – Harris (2002)
6. Schenck v. US (1919)
7. Gitlow v. New York (1925)
8. Tinker v. DesMoines (1969)
9. Texas v. Johnson (1989)
10. Buckley v. Valeo (1976)
11. Buckley v. Valeo (1976)
12. Citizens United v. Federal Election
Commission (2010)
13. Near v. Minnesota (1931)
14. NY Times v. US (1971)
15. Hazelwood School District v. Kuhlmeier
(1988)
16. Miller v. California (1972)
17. Bethel v. Frasier (1986)
18. Ashcroft v. ACLU (2004)
19. Mapp v. Ohio (1961)
20. New Jersey v. TLO (1985)
21. Gideon v. Wainwright (1963)
22. Miranda v. Arizona (1966)
23. Kelo v. New London (2005)
24. Griswold v. Connecticut (1965)
25. Roe v. Wade (1973)
26. Webster v. Reproductive Health Services
(1989)
27. Planned Parenthood v. Casey (1992)
28. Lawrence v. Texas (2003)
29. United States v. Windsor (2012)
30. Plessy v. Ferguson (1896)
31. Brown v. Board (1st and 2nd) (1954/55)
32. Korematsu v. United States (1944)
33. Shelby County v. Holder (2012)
34. Baker v. Carr (1962)
35. Shaw v. Reno (1993)
36. Bush v. Gore (2000)
37. Regents of the University of California v.
Bakke (1978)
38. Gratz v. Bollinger (2003)
39. Grutter v. Bollinger (2003)
40. U.S. v. Lopez (1995)
41. US v. Nixon (1974)
42. Clinton v. NY (1998)
43. Gonzales v. Oregon (2006)
44. DC v. Heller (2008)
Others to Remember!
Marbury v. Madison (1803)
McCulloch v. Maryland (1819)
Gibbons v. Ogden (1824)
Barron v. Baltimore (1833)