Legal Analysis of Certiorari to the United States Court of Appeal for the Third Circuit.
Legal Analysis Project
Florence v. Board of Chosen Freeholders of County of Burlington
Go to this link: http://www.supremecourt.gov/opinions/11pdf/10-945.pdf.
Read the entire case and then answer the questions below.
You can answer them in a numbered format and I will cut and paste the question once I get the paper back from you.
- The case is subtitled “Certiorari to the United States Court of Appeal for the Third Circuit.” What is the meaning of “Certiorari”?
- Which justice wrote the majority opinion for the court? Which justices joined him/her?
- In five sentences or fewer and in your own words, what are the underlying facts of this case?
- What was the main legal issue in this case? In other words, which constitutional provisions were allegedly violated?
- Who did Petitioner sue? (Who was defendant in original case?)
- What was the decision of the District court?
- And how about the Appeals court? What was their decision?
- The U.S. Supreme Court noted in the majority decision that Appeals courts around the country have been split on this issue. Did this influence the Supreme Court’s decision to hear this case? Why?
- The majority cites the case Block v Rutherford, 468 U.S. 576. For what purpose did they bring up this case?
- The court also raises Hudson v. Palmer, 468 U.S. 517. What point were they trying to make here?
- And Atwater v. Lago Vista, 532 U.S. 318 was discussed in depth. In your own words, what were the facts of that case?
- Why did the majority cite the Atwater case?
- The majority lists the many types of contraband that can be smuggled into jails. List at least six examples.
- Oklahoma City bomber Timothy McVeigh was discussed. Why?
- Chief Justice Roberts issued a “concurring” opinion. What is a “concurring” opinion?
- In your own words, what is Chief Justice Robert’s point?
- Justice Alito also filed a concurring opinion. What was his point?
- Who wrote the dissenting opinion? And who joined him/her?
- The dissent said that a certain standard should apply to searches. What standard were they recommending?
- The dissent, too, cites Atwater v. Lago Vista, 532 U.S. 315. Why?
- On page 5 of the dissent the justices refer to “amicus” briefs. What is an Amicus brief?
- What examples did the dissent include to show those strip-searched for minor offenses?
- If you were on the court, would you side with the majority, the dissent, or one of the concurring opinions? Why?
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