Writ of Certiorari

Writ of Certiorari

Multiple Select

What is a Dual Court System?

• When two courts collide

• When two courts count ten paces and turn and fire

• When there are two separate courts

Open Ended

How do you know if it should fall under state court or federal court?​

Multiple Choice

James was arrested by the Maury County Sheriff’s Department for vehicular homicide. They are charging him under the Tennessee Code Annotated (T.C.A.) ​ Is this a Federal or State Law?​

• Federal

• State

Multiple Choice

Henry has been charged with tax evasion by the Internal Revenue Service. The law he violated in under the United States Code Annotated. ​ Is this a Federal or State Law?​

• Federal

• State

Multiple Select

Helen was driving the getaway car for Shawn when he robbed the Sun Trust Bank in Franklin, TN. She never entered the bank during the robbery. While Shawn was demanding money from the teller, another worker, Amelia, startled him and he shot and killed Amelia. ​ ​ Helen is being charged with accessory to murder under U.S.C.A. and under T.C.A. annotated. ​ Is this a Federal or State Law?​

• Federal

• State

Multiple Choice

Based on the information we just reviewed. ​ What is the minimum number of court systems in the U.S.? ​

• 3

• 25

• 51

• 72

• 100

CONGRATULATIONS ON YOUR APPOINTMENT TO THE U.S. SUPREME COURT​

U.S. Supreme Court

You have just been appointed to the U.S. Supreme Court. ​

Your law clerks have presented you with the following cases. These law clerks have earned their juris doctorates from some well-known law schools such as Harvard, Yale, Cornell, Georgetown, Emory, Stanford, Duke, Vanderbilt, and Washington & Lee Universities. ​

Open Ended

What are juris doctorates?​

Rule of Four

They have presented you with a case to bring before the court to determine if the case should be set for review. You must have four other justices agree to set the case to trial. This is known as the Rule of Four

YOUR COURT​

• Select one member of your group to be the Chief Justice. ​

• You will review the cases provided to you and vote on whether you will hear the cases.

• The individual presenting the cases will need to write down the group’s decision and why you did agree or did not agree. 

• Look at the Example on the next slide​

KENNESAW V. MARYLAND​

Matthew Kennesaw was working late one night and had an extreme headache. His friend gave him some pain-relieving prescription pills. While driving home from work he collided with another car head-on. The sole occupant of the other vehicle, Walter Howard, died instantly from the crash. Kennesaw was charged with vehicular homicide and driving under the influence. Maryland law states that anyone operating a vehicle under the influence of an illegal drug, or a legal drug taken in an illegal manner, or to one it was not prescribed is requisite to the driving under the influence status. ​

Kennesaw suffered injuries from the accident and was taken to the hospital. While at the hospital a Maryland State Police Officer had a blood sample taken and it was analyzed finding the non-proscribed medication in his system. ​

Kennesaw is arguing that his 4th Amendment Search and Seizure rights were violated and his due process under the 14th Amendment was violated. He never gave consent to take his blood. ​

Kennesaw has appealed through the Maryland Courts and he has been denied on all appeals. He has served 15 months of a seven-year sentence. He is eligible for parole after serving 2.8 years. ​

COURT DETERMINATION​

Argument: A violation of the 4th Amendment of Search & Seizure and his Due Process Rights under the 14th Amendment for obtaining his blood without his permission. ​

Writ of Certiorari Issued: Yes,

Vote Count: 5 of 9 agreed​

Legal Question: Did taking the blood sample of a suspect that was receiving medical aid violate his right of search and seizure and due process?​

Reasoning: This case needs to be heard based on the determination of the implied consent law in Maryland.  What are the requirements of surrendering of an individual's blood. It will need to be determine when and where the blood was taken. Did the officer have enough time or availability to obtain a warrant? ​

GROUPS ​

• In your group have one person read the case aloud. Listen to what is being discussed and provide any relevant information about the case. You will only be able to hear three of the cases. If you all agree you can issue a summary judgement without hearing the case on the remaining two. ​

• In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Such a judgment may be issued on the merits of an entire case, or on discrete issues in that case.​

FEEDBACK​

Provide feedback to each other on why this case should be heard. ​

Determine if constitutional rights were violated.​

Determine how your decision might affect other cases in the future. ​

​

Poll

Do you agree to hear the case? Caldwell v. New York

• Yes

• No

• Summary Judgement

Open Ended

Explain why or why not?

Poll

Did you agree to hear the case? (Wilson v. Cooper)

• Yes

• No

• Summary Judgement

Open Ended

Explain your decision

Poll

Did you agree to hear the case? (Foster v. Texas)

• Yes

• No

• Summary Judgement

Open Ended

Explain your decision

Poll

Did you agree to hear the case? (Hawkins v. Florida)

• Yes

• No

• Summary Judgement

Open Ended

Explain your decision

Poll

Did you agree to hear the case?

• Yes

• No

• Summary Judgement

Open Ended

Explain your decision