Court Cases Lbs Homework Sheet United State

Court Cases LBS HOMEWORK SHEET United State v. Lopez, 514 U.S. 549 (1995) Who is/are the plaintiff(s) (i.e. consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking? The United States government who is seeking to convict a man for carrying a firearm into a school zone.

What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on? The court must decide who has the authority to regulate the possession of firearms on school grounds. For example, if Congress has the authority then the Gun-Free School Zones Act of 1990 would be the law that would be used. However, it was later argued that Congress does not have the authority to regulate business in the schools.

What is the court's reasoning? (Might include reliance on precedent, statutory interpretation and legislative history & societal considerations) On appeal the court overturned the sentence of one year imprisonment and two years supervision on the grounds that Congress did not have the authority to legislate public schools and that the Commerce Clause did not apply to the case.

What is the precedent or holding established by the court's ruling that will be followed in subsequent similar cases? Not just what the court does -- such as reverses the decision of the court below or awards damages to plaintiff -- but what is the proposition for which another party might cite the case? The commerce legislation pertains mostly to economic activity that is interstate or crosses domestic or international borders. The carrying a gun on school property actually has little to do with economics at all.

The government argued that the presence of the gun on school grounds can indirectly affect the economy and thus the law should be upheld. However, in considering indirect costs then this could be applied to almost any aspect of life and thus the line had to be drawn somewhere. Name of Case in Proper Legal Citation Format Roe v. Wade, 410 U.S. 113 (1973) Who is/are the plaintiff(s) (i.e.

consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking? Roe challenged the District Attorney Wade who declared that the criminalization of abortion acts were unconstitutional. What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on? The primary question is whether a woman has the right to terminate a pregnancy and if so under what conditions.

The law was originally a common law until states began to criminalize the practice formally. What is the court's reasoning? (Might include reliance on precedent, statutory interpretation and legislative history & societal considerations) There was a time in which abortions were dangerous for all the parties involved. Some of the earlier laws were intended to protect women. However, as the technology progressed, the procedures became much safer. In fact, in many cases the procedures could in fact save the life of the woman rather than pose any real risk.

Therefore the reasoning decided to consider what rights the courts had to intervene in medical procedures. What is the precedent or holding established by the court's ruling that will be followed in subsequent similar cases? Not just what the court does -- such as reverses the decision of the court below or awards damages to plaintiff -- but what is the proposition for which another party might cite the case? There is an interest by the state to protect the life inside a woman's womb.

However, the life must be life as opposed to only the potential of life. Therefore the closer a woman is to reaching full term the harder it is to make the case that she is entitled to privacy in her medical dealings. Later rulings would be restrictions on the timeframes that were allotted for women to perform such procedures. Name of Case in Proper Legal Citation Format McDonald v. Chicago, 561 U.S. 3025 (2010) Who is/are the plaintiff(s) (i.e.

consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking? Otis McDonald sued the state of Illinois and the City of Chicago to possess a firearm in his own personal home. What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on? The court must decide if the Constitutional amendment (2nd) to keep.