LTSD301 7 Exam Questions

  

7 Essay questions answered using proper Bluebook style formatting. Must use at least one reference per essay. At least 350 words not including references. Essay questions and Grading Rubric can be found in the attachment provided as well as Bluebook citation guide.
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1. In your reading from week 2 you read, “The Supreme Court in the American System of Government”. On
this webpage you read an excerpt by Retired Chief Justice Charles Evans Hughes on the role of the Supreme
Court. Based on this and all of your other readings thus far in this course, please answer the following
questions. (http:/law2.umkc.edu/faculty/projects/ftrials/conlaw/supremecourtintro.html)
1. What is the role of the Supreme Court?
2. What is the meant by “Judicial Review”?
3. Explain the two theories of constitutional interpretation, the “living constitution” and “originalist”.
Which theory do you believe is the correct theory to follow?
Please remember to list your references in Bluebook format.
Note that your essay answer should contain a minimum of 350 words.
2. In week 3 of this course you were to read the case of Morse v. Frederick, 551 U.S. 393
(2007). In your own words, describe the facts of the case, the issue, and the holding.
(http://caselaw.findlaw.com/us-supreme-court/551/393.html)

What specific section(s) of the Constitution were involved in this case?

Based on the language and intent of the Constitution, do you agree with the ruling of this case?
 If you were a Justice on the Supreme Court at the time of this case, would you be in the majority or the dissent?
Please remember to list your references in Bluebook format.
Note that your essay answer should contain a minimum of 350 words.
3. This last essay question pertains to the 2nd Amendment. Even though this Amendment continues to be
reviewed in cases before the Supreme Court, there still seems to be little to no definitive decision by the
courts of what is specifically included in right the Second Amendment protects.

Discuss fully the two main sides of this debate.

What are two perspectives as to what the 2nd Amendment protects and what evidence/ arguments do those
two sides make to support their stance.

What stance do you find most convincing and why?
Please remember to list your references in Bluebook format.
Note that your essay answer should contain a minimum of 350 words.
1. Explain in detail the Exclusionary Rule. Briefly summarize the holding in Mapp v. Ohio.

Create your own fact pattern to illustrate how the Exclusionary Rule is applied by the Courts.
Please remember to list your references in Bluebook format.
Note that your essay answer should contain a minimum of 350 words.
2. Explain in detail the Right against Self-Incrimination found in the 5th Amendment.


Briefly summarize the holding in Miranda v. Arizona.
Create your own fact pattern to illustrate how and when law enforcement agents must give the Miranda
warnings.
Please remember to list your references in Bluebook format.
Note that your essay answer should contain a minimum of 350 words.
3. Does the 6th Amendment, right to a jury trial, mandate that a jury must have 12 members?
 Explain the history of the Court’s interpretation of jury size?
 In what historical case did the Court state, “a jury comprised of 12 persons, neither more or less.”
 What was the Court’s reasoning for making this statement?
 Explain the Supreme Court’s interpretation of jury size in their 1979 case.
Please remember to list your references in Bluebook format.
Note that your essay answer should contain a minimum of 350 words.
4.What should be the test for determining when prison conditions constitute cruel and unusual
punishments?
 Is a “deliberate indifference” standard appropriate? In what case does the Court first discuss this standard?
 Is it unconstitutional to confine an inmate to a four-by-six foot cell? Why or why not?
 To double-cell an inmate with a chain smoker? Why or why not?
 To keep cells at 55 degrees? Why or why not?
Please remember to list your references in Bluebook format.
Note that your essay answer should contain a minimum of 350 words.
Exam Essay Rubric; Percentages on a 100 point scale are provided;
points on a 15 point scale are provided
Quality of
Response
Content (worth a
maximum of
66.6% of the
total points, or
10 points on a 15
point scale)
Poor/Unsatisfactory
Satisfactory
Good
Excellent
4 points out of 10:
The essay illustrates
poor understanding
of the relevant
material by failing to
address or
incorrectly
addressing the
relevant content;
failing to identify or
inaccurately
explaining/defining
key concepts/ideas;
ignoring or
incorrectly
explaining key
points/claims and
the reasoning behind
them; and/or
incorrectly or
inappropriately
using terminology;
and elements of the
response are
lacking.
6 points out of 10:
The essay
illustrates a
rudimentary
understanding of
the relevant
material by
mentioning but
not full explaining
the relevant
content;
identifying some
of the key
concepts/ideas
though failing to
fully or accurately
explain many of
them; using
terminology,
though
sometimes
inaccurately or
inappropriately;
and/or
incorporating
some key
claims/points but
failing to explain
the reasoning
behind them or
doing so
inaccurately.
Elements of the
required response
may also be
lacking.
8 points out of 10:
The essay
illustrates solid
understanding of
the relevant
material by
correctly
addressing most
of the relevant
content;
identifying and
explaining most
of the key
concepts/ideas;
using correct
terminology;
explaining the
reasoning behind
most of the key
points/claims;
and/or where
necessary or
useful,
substantiating
some points with
accurate
examples. The
answer is
complete.
10 points: The
essay illustrates
exemplary
understanding of
the relevant
material by
thoroughly and
correctly
addressing the
relevant content;
identifying and
explaining all of
the key
concepts/ideas;
using correct
terminology
explaining the
reasoning behind
key points/claims
and
substantiating, as
necessary/useful,
points with
several accurate
and illuminating
examples. No
aspects of the
required answer
are missing.
Text of this rubric is derived substantially from the Rcampus website located at
http://www.rcampus.com/rubricshowc.cfm?code=T6C75A&sp=yes (last visited on June 1, 2012)
Exam Essay Rubric; Percentages on a 100 point scale are provided;
points on a 15 point scale are provided
Use of Sources
(worth a
maximum of
13.3% of the
total points, or 2
points on a 15
point scale)
Writing (worth
maximum of
20% of total
points; or 3
points on a 15
point scale)
.5 point: Sources are
seldom cited to
support statements
and/or format of
citations are not
recognizable as
Bluebook format
1 point:
References to
sources are
occasionally
given; many
statements seem
unsubstantiated.
Frequent errors in
Bluebook citation
format, leaving
the reader
confused about
the source of the
information.
Zero points: The
1 point: The essay
essay does not
is often unclear
communicate
and difficult to
ideas/points clearly follow due to
due to inappropriate some
use of terminology
inappropriate
and vague language; terminology
thoughts and
and/or vague
sentences are
language; ideas
disjointed or
may be
incomprehensible;
fragmented,
organization lacking; wandering and/or
and/or numerous
repetitive; poor
grammatical,
organization;
spelling/punctuation and/or some
errors
grammatical,
spelling,
punctuation
errors
1.5 points:
Sources are used
effectively
support claims
and are, for the
most part, clear
and fairly
represented.
Bluebook format
is used with only
a few minor
errors.
2 points: Sources
are used to give
compelling
evidence to
support claims
and are clearly
and fairly
represented.
Bluebook format
is used accurately
and consistently.
2 points: The
essay is mostly
clear as a result of
appropriate use of
terminology and
minimal
vagueness; no
tangents and no
repetition; fairly
good
organization;
almost perfect
grammar,
spelling,
punctuation, and
word usage.
3 points: The
essay is clear,
concise, and a
pleasure to read
as a result of
appropriate and
precise use of
terminology; total
coherence of
thoughts and
presentation and
logical
organization; and
the essay is error
free.
Text of this rubric is derived substantially from the Rcampus website located at
http://www.rcampus.com/rubricshowc.cfm?code=T6C75A&sp=yes (last visited on June 1, 2012)
LEGAL CITATION
Basic Principle: To allow the reader to locate a cited source accurately and efficiently.
When is a citation needed? Whenever you quote directly from a source, make assertions about the
law, or directly paraphrase a legal source, you mu st support your statement with a legal citation.
The citation will answer four questions:
What?
Where?
When?
Who?
What is the thing cited, a case, a statute, a law review article, etc.?
Where can the reader go to find the information? e.g. 617 F. Supp. 341
When did this information come into being? Usually the date is given as a year but
sometimes more specific information is required.
Who is the author of the information? A court? A legislature? A law student?
Law Review Format vs. Practitioner Format
The Bluebook was originally developed as a style manual for law reviews. Citation style in law review
articles varies somewhat from citation style in legal practice documents. The main difference between the
two formats concerns the typeface used in the body of the text and in the footnotes. However, many of the
rules in the Bluebook are the same for both formats. Section B provides specific rules for practitioner
format and should be considered as a supplement to the rest of the Bluebook. When a particular rule varies
in terms of practitioner format, the editors provide a cross reference to Section B. If there is no variation in
the rule for practitioners, the main Bluebook rule will govern. Most assignments you do in law school will
fall under the practitioner format rule. However, always check with your professor to determine which
format is required for a particular assignment. Consult the inside back cover of the Bluebook and Section B
(the blue pages), for examples of common citations in court documents and legal memoranda. The ALWD
Manual does not distinguish between practitioner and law review format.
Case Law Citation
Bluebook Rule 10 and ALWD Manual Rule 12 govern case law citation. Case names generally have three,
sometimes four parts:
1.
2.
3.
4.
Parties’ Names:
Reporter Abbreviation(s):
Date/sometimes court:
Case history (if relevant):
Dulin v. Murley
407 Mass. 559, 677 N.E.2d 990
(2001)
cert. granted, 60 U.S.L.W. 3442 (U.S. Dec. 14, 2002) (No. 02-345)
Common case law citation errors tend to occur in areas set out below.

Publication Abbreviations. Close up all adjacent single capitals, i.e. there should be no spaces
between them. (F.2d and N.E.2d) Do not close up single capitals with longer abbreviations. (So.
2d, Fed. R. Civ. Proc., F. Supp.)

Parallel Citations. Some cases are reported in more than one reporter, especially cases from the
state courts.
Example : Pitino v. Boston Celtics, 510 Mass. 559, 701 N.E.2d 876 (2000)
(official rept.) (unofficial rept.)
Bluebook General Rule (10.3.1) – You must provide both reporter citations if you are citing a case
from a particular jurisdiction in a document submitted to a court of that same jurisdiction. For
example, in a brief filed in the Maryland Court of Appeals you must provide citations from
the official and unofficial reporter for all Maryland cases. However, when citing a case from
any other jurisdiction you need only provide the regional/unofficial cite.
Example in a brief submitted to a Maryland court:
Citing a Maryland case:
Citing a Vermont case:
Correct form: Bush v.Hussein, 510 Md. 559, 701 A.2d 876 (2002)
Correct form: Ben v. Jerry, 590 A.2d 888 (Vt. 1995)
In all other forms of legal writing, including ordinary legal memoranda and law review articles,
cite only to the regional reporter and, if the decision is available as a public domain citation,
that citation must also be provided.
ALWD Manual Rule and Bluebook Practitioner Rule B.5.1.3 – Follow local court rules regarding
parallel citations.

No Parallel Citations for U.S. Supreme Court. When citing a case from the United States
Supreme Court, cite only to the U.S. Reports. Omit parallel citations to L. Ed. and S. Ct. The
ALWD Manual Rule 12.4(b)(2) allows citation to all three reporters, but indicates this is not the
preferred method.

Indicate Court in Parenthetical When Not Obvious From Reporter Abbreviation.
Sometimes a case is only published in the regional reporter, because there is no official state
reporter. In that case, your citation must also include a designation indicating which court
decided the cas e.
Example: Woodward v. Lathrop, 569 A.2d 520 (Del. 1991)

State Abbreviation Standing Alone. A state abbreviation in a reporter standing alone implies
that the case comes from the highest court. For example, the citation 407 Mass. 559 implies the
case is from the Massachusetts Supreme Judicial Court. No further court designation in the
parenthetical is necessary.

Official Public Domain Citations/ Medium Neutral Citations. If the decision is available as
an official public domain citation (also referred to as medium neutral citation), that citation
should be provided. Parallel citations to regional and state reporters are generally provided as
well. Bluebook Rule 10.3.3. ALWD Manual Rule 12.16.
Example: Custer v. Bull, 2000 MT 36, ¶ 45, 286 Mont. 306, 309, 677 P.2d 102, 105

Order of Citation. Because of different publication schedules, very often a case cannot be
found in the official reporter. In that situation, the Bluebook sets out a rule specifying which
sources should be cited as alternatives. Consult Bluebook Rule 10.3.1 and Table 1 for these
alternatives.
Example: A case decided today by the United States Supreme Court will not show up in
U.S. Reports (the official reporter for U.S. Supreme Court cases and the preferred
reporter for Bluebook citation purposes) for at least two years because of its slow
publication schedule. In this situation, the following sources should be cited in this order
of preference:
– An unofficial reporter (e.g. S. Ct. or L. Ed. in that order of preference)
– A service (e.g. U.S.L.W.)
– A widely used computer database (e.g. WESTLAW or LEXIS)
– A slip opinion
– A newspaper
Note: ALWD Manual Rule 12.4(b) varies slightly from the order listed above.
2

Short Form. Bluebook Rule 10.9 and ALWD Rule 12.21 govern “short form” citation for cases.
Very often legal writers use an incorrect short form.
Example:
Incorrect form: Stevens at 356
Correct forms : Stevens v. Kravitz, 389 U.S. at 356, or
Stevens, 389 U.S. at 356, or
389 U.S. at 356

Id. and Supra. You may use Id. for immediate preceding authority. Supra is not used as a
short form for cases, statutes or constitutions (unless local court rules vary).

WESTLAW & LEXIS Cites. Cases only available on WESTLAW and LEXIS have a specific
citation format. Bluebook Rule 10.1 and ALWD Manual Rule 12.12.

Bluebook Example:
Incorrect form: Seinfeld v. Newman, 1996 WL 4 (1996)
Correct form: Seinfeld v. Newman, Civ. No. 96-8877, 1996 WL
33361, at *4 (S.D. N.Y. June 4, 1996)
ALWD Manual:
Correct form: Seinfeld v. Newman, 1996 WL 33361, at *4 (S.D.
N.Y. June 4, 1996)
Subsequent History. Bluebook Rule 10.7 and ALWD Rule 12.8 require that the author give the
entire subsequent history of any decision cited in full, but omit denials of certiorari or denials of
other similar discretionary appeals, unless the decision is less than two years old or the denial is
particularly relevant.
Statutory Citation
Bluebook Rule 12 and ALWD Manual Rules 13-20 govern the citation of constitutions, statutes,
legislative, administrative and executive materials. These publications vary widely in format and are
updated frequently. This causes confusion regarding which source to cite.

Cite statutes to the current official code or its supplement if they can be found in that source.
Again, because of delays in official publications, Bluebook Rule 12.2.1 and ALWD Manual Rule
14.1 set out alternative sources to cite when the statute cannot be found in the official
codification. Note: ALWD Rule 14 order of preference varies from exampl e below.
Example: A statute enacted by Congress this year will not be found in the current
version of the United States Code. In this situation the following sources should be
cited in this order of preference:
– Current unofficia l code (U.S.C.A. or U.S.C.S.)
– Official session laws (Statutes at Large)
– Privately published session laws (U.S.C.C.A.N.)
– A widely used computer database
– A loose-leaf service.
– A periodical.
– A newspaper.

The date of publication in statutory citations depends on where the material being cited is found.
For example, if a statutory provision appears in the bound volume of the statutory code, the date
in the citation should be the year that appears on the spine of the bound volume, or the year the
appears on the title page, or the copyright date, in that order of preference. If the provision cited
is from the pocket part or supplement, the date in the citation should be the date found on the
front page of the pocket part or supplement. If the provisions cited are found in both the pocket
3
part and the main volume, provide both dates in the citation. Bluebook Rule 12.3.2 and ALWD
Manual Rule 14.2.
Example:

Iowa Code § 806 (1998) Statutory text is found in bound volume.
Iowa Code § 806 (Supp. 2002) Statutory text is found in the pocket part.
Iowa Code § 806 (1998 & Supp. 2002) Statutory text is found in both.
When citing a statutory section contained in an electronic database, give parenthetically the name
of the database and information regarding the currency of the database as provided by the
database itself. Also give the name of the publisher of the code unless the code is published by
the state. Bluebook Rule 18.1.2.
Example: Cal. Bus. & Prof. Code § 1670 (Deering, LEXIS through 2002 Sess.)

The session law must be cited when discussing the historical significance of a statute, e.g. that it
was enacted, amended, or repealed in a certain year. Bluebook Rule 12.2.2.
Example: In 1992 Congress passed the National Infomercial Relief Act. National
Infomercial Relief Act of 1992, Pub. L. No. 103-67, 101 Stat. 345. (Codified at 23
U.S.C. § 123 (1994))
Citations to Books and Periodicals.
Bluebook Rule 16 and ALWD Manual Rule 23 govern periodical citation. Most of the rules governing
citation of these sources are straightforward. The Bluebook rules differentiate between journals that are
consecutively paginated and those that are not. Just make sure you are aware of what sort of publication
you are citing. You may have to go and look! (Note that Appendix 5 in the ALWD Manual (2d ed.)
indicates which is which.)

Articles found within journals which are consecutively paginated throughout an entire volume
regardless of how many issues are contained in the volume are cited as follows:
Author/Title/Vol. #/Periodical Name/First Page and page where material appears /Date.
Example: Kevin H. Smith, How to Become a Law Professor Without Really Trying: a
Critical, Heuristic, Deconstructionist, and Hermeneutical Exploration of Avoiding the
Drudgery Associated With Actually Working as an Attorney, 47 U. Kan. L. Rev. 139
(1998)

Articles found within journals that are separately paginated within each issue should be cited as
follows:
Author/Title/Periodical Name/Date of issue from cover/First Page and page where material
appears.
Example: John F. Bramfeld, Boldly Going Where No Writer Has Gone
Before…(Poor/Strange Legal Writing in Law Reviews) Chi. Daily L. Bull., June 1, 1994,
at 5.
Note: ALWD Manual Rule 23 treats consecutively paginated and non-consecutively paginated
periodicals the same EXCEPT for the date. Non-consecutively paginated periodicals must include
the exact date of the issue as opposed to only the year.

Newspaper articles are cited in the same manner as non-consecutively paginated j
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