U.S. Supreme Court Case Essay

User Generated

Alxxb3

Business Finance

Description

This is a 3 page essay, no grammatical errors and will be checked by turn it in for plagiarizm.

1. The following presentation is intended to help students complete the Supreme Court case essay assignment for Criminal Law.

2. Choose a Supreme Court case that interests you. You may choose any case on a criminal law topic heard by the Supreme Court of the United States to research and write an essay about it. One example is Birchfield v. North Dakota, 579 U.S. ____ (2016) but there are hundreds more!

3. Research the details about the case (answer the 5 research questions: Who, What, When, Where and Why). Take notes about what you discover. Note the sources of your information. You must list your sources at the end of the essay in BlueBook or APA citation format, use proper footnotes in Bluebook format throughout the essay or you may use in-text citation if you are using APA, and properly cite the sources of each piece of information in the essay itself. For details on how to do this, please review the Legal Studies Program Writing Guide in the APUS Library. Of course you can also use the Bluebook, and you may ask your professor for assistance as required.

4. After researching a case, organize the information you have collected by making an outline. A basic structure for organizing your information might be as follows.

A. Introduction:

1. Identify the name of the case and when it was heard before SCOTUS.

2. Identify the parties involved in the case.

3. Briefly describe the focus of the case.

B. Describe the case itself: What was the controversy in the case?

C. How did the case move through the courts before reaching SCOTUS?

1. What court had original jurisdiction in the case?

2. How had previous courts ruled in the case?

D. What did the Supreme Court rule in the case?

1. What was the argument of the majority opinion?

2. What was the argument of the minority opinion?

E. What was the reasoning used by the Supreme Court to reach its decision? How did it reach its decision?

F. Conclusion: How does the Court’s ruling in the case affect Americans today?

1. Has the Court’s ruling in the case affected other rulings in other cases?

2. Has the Court’s ruling affected the interpretation and enforcement of any particular laws, and how those laws are enforced?

3. If applicable: Has the Court’s ruling in this case affected you, or someone you know, personally?

5. Write your essay. If you organized your information based on the suggested outline, then all you have to do is write down what you have learned from your research, and put it into a footnoted two to three page essay. Your first paragraph is the introduction (the information under letter A of your outline). The second paragraph is the information under letter B, and so on. Please note that you may also create your essay as a power point. Though, please convert it into a PDF when you submit it for grading. Turnitin doesn't accept Microsoft PowerPoint so if you need to submit work in this format, e.g. a presentation, you must convert your files to PDF first.

6. Sources: Be sure to cite your sources, using sequentially numbered footnotes. That means any information you learned from another source, such as a website, a magazine article, a videotaped interview etc., must be properly noted in your essay. Make sure you use footnotes in proper BlueBook or APA citation style. Footnotes appear at the bottom of EACH page, not at the end of the document (those are endnotes). If you have questions about citations, ask your instructor prior to turning in the assignment.

Unformatted Attachment Preview

Case Brief Rubric (Graduate Level); Possible 100 points; Deduction of 10% for untimeliness Zero points in any category: the required element does not exist in the brief or is unrecognizable in the brief Beginning Developing Case name and case citation (5%) (maximum 5 points on a 100 point scale) 2 points: The Opinion cannot be accurately identified based on the information given and/or the parties’ role in the litigation cannot be discerned. 3 points: The Opinion can be located based on the information provided and the court which rendered it can be discerned, but elements of the case name and/or citation are missing. Facts(10%) (maximum 10 points on a 100 point scale) 6 points: Factual statement is incomplete or erroneous, rendering the brief unusable to the reader, at least in part 7 points: Important facts are missing and/or unnecessary detail is included; reader is confused by the presentation Procedural Posture (10%) (maximum 10 points on a 100 point scale) 6 points: Procedural history does not enable the reader to understand the history of the case and/or how it arrived in this court 7 points: Gaps in the history of the case or errors in case sequence or case events exist Accomplished 4 points: Case name is present and parties are identified; citation to the case is given; jurisdiction is evident; errors are minimal. Exemplary 5 points: Case name is correctly stated and parties correctly identified by name and by their role in the litigation; citation to the case itself is complete and accurate and comports with Bluebook format 8 points: Most 10 points: All key/relevant key/relevant facts are facts are provided; provided; irrelevant facts additional facts are omitted; provided only as statement of facts necessary for the is understandable reader to to the reader understand the decision and the court’s analysis; facts are presented clearly and concisely and without error or confusion 8 points: The 10 points: All history of the essential case (where it information started and how concerning the it came to this history of the court) is case (origin, presented with sequence of case minimal errors in events in various sequence or courts, and process current posture) Case Brief Rubric (Graduate Level); Possible 100 points; Deduction of 10% for untimeliness Issue (10%) (maximum 10 points on a 100 point scale) 6 points: The legal issue is incorrectly stated Holding (5%) (maximum 5 points on a 100 point scale) 2 points: The court’s resolution of the legal issue is incorrectly presented and/or the Holding of a different court is presented, thus presenting an inaccurate picture of this court’s decision 2 points: The disposition of the case is erroneously presented Judgment /Disposition(5%) (maximum 5 points on a 100 point scale) Rationale/Analysis (25%) (maximum 25 points on a 100 point scale) 10 points: The court’s reasoning is erroneously presented, thereby misleading the reader. 7 points: The legal issue is identified as a general topic and/or is stated in an overly broad manner; precision is lacking 3 points: The court’s resolution of the legal issue is overly broad or is inaccurate in some regard 8 points: The legal question is presented accurately, but lacking in precision and/or is not framed as a question 3 points: The disposition of the case can be discerned but is unclear to the reader 4 points: The disposition of the case is accurately stated, but lacks precision 15 points: The court’s reasoning is presented in only general terms which are not instructive to the reader 20 points: The court’s reasoning and rationale are accurately presented; some analytical detail may be missing, but there are no errors. 4 points: The court’s resolution of the legal issue is accurate but is lacking in precision is included; courts’ names, jurisdictions, and actions are provided and are accurate. 10 points: The legal question or questions before this court are correctly and succinctly stated and the Issue if framed in terms of a question 5 points: The court’s resolution of the legal issue is correctly and succinctly stated and is not confused with the Judgment or procedural disposition of the case; Issue and Holding “match” 5 points: The disposition of the case and the relief, in any, granted by the court is accurately and clearly stated 25 points: The court’s reasoning, analysis, and rationale are presented in a complete, succinct, and understandable manner. All relevant considerations are included. Case Brief Rubric (Graduate Level); Possible 100 points; Deduction of 10% for untimeliness Dissent/Comments/ Significance/Impact (10%) (maximum 10 points on a 100 point scale) 6 points: The student failed to present necessary information about a Dissent or about the significance of the case or presented same in an inaccurate or misleading manner. 7 points: The student noted a Dissent and/or the significance of the case but described same in an unclear manner. Writing Standards (10%)(maximum 10 points on a 100 points scale) 6 points: Paper contains numerous grammatical, punctuation, and spelling errors. Language uses jargon or conversational tone; OR brief fails to use Headings. 7 points: Paper contains several grammatical, punctuation, and/or spelling errors. Language lacks clarity or includes some use of jargon and /or conversational tone. Some headings are missing or fail to correspond to the required elements of the case brief. 8 points: The student correctly noted the existence of a Dissenting opinion, if any, and accurately described it; information/comments, if any, relate to the opinion in a logical manner. 10 points: The student made a correct decision concerning whether there is additional information or commentary which should be conveyed to the reader, including information about a Dissenting opinion; the information is conveyed in a clear and accurate manner. Impact on society, if any, is conveyed. 8 points: Student 10 points: demonstrates Student consistent and correct demonstrates use of the rules of consistent and grammar usage, correct use of punctuation and the rules of spelling, with a few grammar minor errors. Headings usage, are used and punctuation, correspond to the and spelling. required elements of Language is the case brief. clear and precise. Sentences display consistently strong, varied structure. Headings are used and correspond to the required Case Brief Rubric (Graduate Level); Possible 100 points; Deduction of 10% for untimeliness elements of the case brief. Citation of Sources (10%)(maximum 10 points on a 100 point scale) 6 points: Citations of reference sources exist; citations apparently correspond to the correct source but do not enable the reader to locate the source. Bluebook format lacking. 7 points: Attempts to cite reference sources are made, but the reader has difficulty finding the sources; attempts to use Bluebook format are evident but poorly executed. 8 points: Reference sources and the text of the Opinion itself are cited as necessary, but some components of the citations are missing and/or Bluebook format is faulty. 10 points: Reference sources used by the student, including the text of the Opinion itself, are cited appropriately and accurately. No writing of others is left without quotation and/or attribution, as appropriate. Bluebook format is used correctly and consistently.
Purchase answer to see full attachment
User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.

Explanation & Answer

Attached.

Running Head: MISSOURI VS MCNEELY

1

Missouri vs McNeely:
Student’s Name:
Instructor’s Name:
Institutional affiliation:
Date:

MISSOURI VS MCNEELY
2
Introduction
The supreme court of the United States in the most senior court in the US and gets
appeals from courts of a lower jurisdiction all the time. Among the cases was the case called
Missouri vs McNeely. This case was heard by the supreme court of the united states after it
was appealed from the supreme court of Missouri. The case was about the allowed exceptions
to the fourth amendment to the constitution of the United States. The court was to determine
whether an exception could be made under exigent circumstances. The parties to the case were
the State of Missouri, which was the party that filed the appeal and one Tyler Gabriel McNeely,
who was the respondent, (Clarke, 2014). The supreme court of the united states ruled those
police officers have no right to make a suspected drunken driver take a blood test without a
warrant from a neutral judge, no matter the circumstances, and that the absorption of alcohol
in to the bloodstream does not establish an exigency in all the cases that are enough to allow a
police officer or anyone per se to conduct a blood test on a drunken-driving suspect without a
warrant from a judge who is generally neutral to the case. Further details about the case will be
thoroughly discussed in the paper.
Description of the case
Missouri vs McNeely case was a first and served as an example to similar cases after
that. The background to the case was as follows. on the third of October in the year 2010, at
exactly 2:08 am, the respondent Tyler Gabriel McNeely was stopped by a highway patrol
officer. The officer said that he stopped the respondent after noticing that he was driving above
the speed limit. In addition to this, the officer also said that he had seen Tyler Gabriel McNeely
cross over the centreline. But when he approached the respondent, the officer said that he saw
indicators that showed that Tyler McNeely was intoxicated. The officer said that the
respondent’s speech was slurred, his eyes we...


Anonymous
I use Studypool every time I need help studying, and it never disappoints.

Studypool
4.7
Trustpilot
4.5
Sitejabber
4.4

Similar Content

Related Tags