Order ID:89JHGSJE83839 | Style:APA/MLA/Harvard/Chicago | Pages:5-10 |
Instructions:
The analysis is the evaluation of the significance of the case, its relationship to similar cases, its place in history, and what is shown about the Court, its members, its decision-making processes, or the impact it has on litigants, government, or society.
Below is an example of an analysis of a case. After reading the court case summary and identifying a part of the case that is crucial to the ruling and discuss why.
1. The issue: Name the issue of the case.
This case involves a first amendment issue regarding the right of a city to limit expression.
2. The law: The amendment that is broken or in question.
The first amendment of the U.S. Constitution prohibits the federal government from making any law abridging the freedom of speech. This prohibition has been applied to the states (and their political subdivisions such as cities) via the due process clause of the fourteenth amendment. So generally, courts look with disfavor on any law which abridges the freedom of speech. “Speech” has been interpreted to include non-verbal expression, so a sculpture — particularly one with a written word or words on it would constitute speech. However, freedom of speech is not absolute.
3. The analysis: The reasoning or an answer to the question.
Since freedom of speech is not absolute and Boffo is erecting large, gruesome statues in his front yard it is likely that the court will rule in favor of the city. This situation is similar to Stoverin in that Boffo’s actions are arguably “bizarre”, his form of speech offensive to community standards, and there are other avenues of communication open to him. Limiting such statues to five feet is arguably a reasonable regulation.
It is here that the implicit assumptions and values of the Justices should be probed, the rightness of the decision debated, and the logic of the reasoning considered.
Post an analysis that is different from what has been posted and at least a 150-words analysis. Then respond to another students posts (that does not have a response) with a 100-word post AND identify a similar rule of law. Citations and similar court cases earn bonus points. Please make your initial post by Wednesday (December 2nd) and give your response to another student’s post by the close of the module.
Writing prompt for main post: The following students with the last name starting with N-R, please conduct an analysis on the following court case:
Roper v. Simmons 543 US 551
Respond to this post: Troxel v. Granville 520 US 57
The Issue
This case involves a Washington State statute that allows third parties to petition for visitation rights at any time.
The Law
The Fourteenth Amendment of The United States Constitution protects the fundamental right of parents to make decisions concerning the custody, care, and control of their children. The Washington State statute that allows third parties to petition for visitation rights at any time therefore violates these rights.
The Analysis
In accordance with the Washington State statute, the grandparents of Troxels daughters filed a petition to acquire visitation rights with their grandchildren after Troxels death. Following the petition, the Washington Superior Court for Skagit County granted Troxels parents (the childrens grandparents) more visitation time than the childrens mother Granville preferred. Granville appealed the Superior Courts decision to grant the grandparents visitation of one weekend per month, one week every summer, and four hours on each of Troxels birthday.
While the appeal was pending, Granville was married and her daughters were adopted by her husband. The Washington Court of Appeals reversed the Washington Superior Court visitation order citing the violation of Granvilles rights under the due process clause of the Fourteenth Amendment to raise her children. The court held that the amendment protected a parents fundamental rights to made decisions pertaining to the care, custody, and control of their children. Moreover, no court had found the mother to be unfit and thus it was presumed that she acted in the best interest of her children. Additionally, Granville had not sought to end visitations entirely.
The Troxel v. Granville case is similar to the Pierce v. Society of Sisters case in which an Oregon Act requiring parents and guardians to send their children to public school was challenged. The main issue in the case was whether the Act unreasonably interfered with parents and guardians liberty to direct the upbringing and education of their children. The court ruled that the Origin Act violated the Fourteenth Amendment and that enforcing it would destroy the applellees schools.
main post – minimum of 150 words
response post – minimum of 100 words
RUBRIC |
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Excellent Quality 95-100%
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Introduction
45-41 points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned. |
Literature Support 91-84 points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned. |
Methodology 58-53 points Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met. |
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Average Score 50-85% |
40-38 points More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided. |
83-76 points Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration. |
52-49 points Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met. |
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Poor Quality 0-45% |
37-1 points The background and/or significance are missing. No search history information is provided. |
75-1 points Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration. |
48-1 points There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met |
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right of a city to limit expression case study |
right of a city to limit expression case study