POSC 311 POSC 311
Long Beach State
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This 6 page Bundle was uploaded by Audra Oul on Tuesday February 9, 2016. The Bundle belongs to POSC 311 at California State University Long Beach taught by James Fox in Spring 2016. Since its upload, it has received 39 views. For similar materials see Constitutional Law Power in Political Science at California State University Long Beach.
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Date Created: 02/09/16
Monday, February 9, 2016 Example of Case brief for Kyllo v. U.S. Name POSC 311 M 6:30pm9:15pm Kyllo v. U.S. 533 U.S. 27 (2001) Facts: Issue: Rule: Analysis: Did not want expository writing to tell about the story. . Important to put government agents Government agency… informant electricity Public Room thermal imaging device in public street warrant Facts Searched house and found marijuana Tell them all the facts that is needed Motion denied by Kyllo—He did not try to hide from his act of growing marijuana Investigated proper growth of marijuana Agents had information about electricity bill. Issues: Did the use of thermal issuing device constitute a search? Was the search reasonable? th 4 amendment needs probable cause He was complaining about unreasonable search and seizures th th Rule of Law: has to apply to multiple situations, 4 amendment protection, 4 amendment against unreasonable search and seizures Katz tests (Katz v. U.S): did the society find the expectation reasonable? Whether it found expectation of privacy in his search in his home? Person have privacy in intimacy such as in home In Katz v. U.S., Katz accused for giving private information about gambling over the phone to clients. th 5 amendment eminent domain It is right to be privacy in private property. Private property cannot be used a public good without just compensation In analysis, tell about the other stuff The Court Held …. Because Decided Ruled Opined It is a search because the technology is not available to the public. No reason for Kyllo to know. Look at the rule look at what the court apply Analysis: apply the rule of law to answer the issues Do not add facts in analysis. Put it in facts Why did court decided what they did? The court held to whatever the court’s opinion or rationale for. There does not have to be a physical intrusion of the law Expectation in phone booth and expectation of privacy of home should have privacy Designated the case brief as Mondays because has three sections of POSC 311 when titling the case brief. Zero technology: develops a blue screen of death, send IPS address, to able to stop and reboot it, looks at what supposed to look, can track it, for child crime Processor zero, number to alter, lower our expectation of privacy under Katz test Each heart has a different type of frequency. Tell many heart beat in a car is search Conclusion: affirm/reverse/remand: affirm in part. Affirm decision of lower court to agree with Remand: made decisions and send back to lower court Interlocutory appeal: middle of something appellate court review the case before concluded Kyllo could have remanded it Not allowed to use marijuana plants e.g Police officer pulled over tonight to have been drinking? Said no not drinking Can get them for not doing breathalyzer False Statement of police officer: person have not been drinking Conclusion is the decision Biggest part is the analysis Do not need to be put the dissenting Concurring decision: agree with decision but with a different reason Dissenting decision: do not agree with the decisions because… Citizens United, multiple concurring decisions Courts: Trial Court, Appellate Court, Supreme Court Federal Courts: 1. Federal Question It involves federal limits e.g. immigration, Federal Aviation Administration (FAA) 2. Diversity of Citizenship: citizens of two different states Can take it to federal court Amount of controversy had to be more than $75, 000 Have to do with trial All the witnesses are in California not in Pennsylvania Citizen from a California and other is from Pennsylvania *Forum NonConveniens Latin for not convenient U.S. Supreme Court Original Jurisdiction: Ambassadors are government officials Law suits between states Appellate: brought case to the upper case from a lower court Advisory opinions: if I did this, is it constitution? If Lincoln gone to Supreme Court, Lincoln said slavery is illegal. Lincoln was going to court. Do not go to amendments. Just say Emancipation Proclamation. President sought out beforehand, signed it, but citizens said no. Disruption of balance of powers. Wasting a lot of money of lawsuits and government. Court has a right to challenge it. Congress pass it. Would it be constitutional? Get check it beforehand. E.g. check by mechanics before I drive the car. Congress has own spool of power. President has white house’s councils. Court breach the rules especially Scalia. Some states pass law. Woman cannot think before terminating baby. Pass laws from right or left Never pass constitution muster. Do not give advisory opinion. Can only deal with cases with controversy: cases with controversy involved such plaintiff v. defendant Civil cases: about money, a wrongful death suits. A wrongful act. Someone made an intentional decisions without reasonable care. Negligence is a mistake. Something happens not our fault and can die. They give informed consent. Doctor made damages but unforeseeable; it would not negligence if unforeseeable Declaration judgment: this property is mine Contracted: to put solar powers Actual damages that could be a remedy Actual losses or injury and awarded compensation for injuries. Punitive damages: additional money awarded to the injury by punishing the wrongdoer. If found out if he is drunk. Someone did a wrongful act if a death after rape. Criminal: criminal act –due to a public wrong Habeas Corpus: “produce the body” “You should have the body” Being prisoned was not valid Being held without reason President Bush keeping of enemy combatants Held indefinitely in court Had a right to come up with review Not hurt in civil court Basic constitution of Habeas Corpus Standing: legal basis to sue Three part tests 1. Standing has to be an injury 2. Causation: actual (“but for” causation) and legal causation (proximate causation) 3. A decision by the court must be able to solve the problem (redressability) Actual ButFor Shot CD chickGummy Trump Legal Proximate Gum can in a different setting Most jurors said gummy Trump not foreseeable It is a matter of magnitude It has to be foreseeable. Adverse reaction to being cornered Surgery makes a mistake and died Made out of surgery, catch hospital infection and die Hospital full of infections Foreseeable malpractice *Break of Causation: Superseding events ( an event breaks the chain of causation). Jim comes sick after the event of another sick male Brightness: the case must be ready; do not pick apples before they are ripped. Civil suits have to file a claim first. *Exhaust Administrative resources Mootness doctrine: the issue to be resolved is resolved; decisions of the court fixed it—they are debatable issues E.g. All property goes to the surviving person in marriage. It is a 6 months wait in California. Appellate Court/Supreme Court Writ of Certiorari: write up on how the previous courts did wrong; opening brief file what the court should make; case brief of violate due process rights, 8 justices to look at it. If 4 out of justices say need to heard, it is called the rule of 4 –the appellate court decides to take case from the lower court to higher court for review at their own calling *Rule of 4: 4 out 9 justices says to hear the cases. Decide to hear it. Schedule for a full briefing and oral arguments and comments Trial transcripts on the record stuff Before oral arguments, the opinion has been circulated Oral Arguments: to change minds. Think it is right to be upheld. The chance for the lawyers to change justices’ mind Conscious Objector: the law clerk does all the real work. A 90 decision: kids fights as a law clerk. Justice McIntyre do not overused that. I know the sun is rising. Do not use that. I know that the sun is rising. Biding authority: publish opinions
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