Legal Standard Activity
Legal standards are a means of creating consistent legal interpretation. Following the doctrine of Stare Decisis, once a superior court has set a standard all lower courts must follow that legal standard in similar cases. But not all standards are equal and the courts has abandoned standards that are too vague to create consistent law or guidelines that come to be seen as unfair or unjust.
Day 1: Students will be broken into groups of two to three. Each group will be assigned a legal question that needs a standard. Students will then go home and as individuals craft a standard. They will write a one-page summary of the standard with necessary explanation and analysis. Their analysis should include some hypothetical examples and how the standard would be applied. Students should NOT look into existing standards at this point. The point is for students to generate their own ideas, not mimic other people’s thoughts. Student’s papers will be graded on the thoughtfulness, analysis, and the clarity of thought and writing. The paper will be graded for clarity, thoughtfulness, and analysis. Their standards should show that the student gave the matter some thought and applied some concrete scenarios to see how their test would work.
Day 2: Students will meet with each other and share their standards. The group will then come to a standard that all of the members can agree on.
Day 3: The groups will share their standards with the class. The teacher and fellow students will ask the groups questions and pose hypothetical scenarios. The group will receive a group grade based on their preparedness and thoughtfulness. The group should be able to defend their standard against all scenarios.
Day 4: Students will turn in a short (2 page) analysis of the actual legal standards in their area and relevant case law. Students should compare their standards with the ones that the Supreme Court came up with. Discuss the shortcomings and strengths of your group’s standard and the standards that the Supreme Court came up with. The paper will be graded for clarity, thoughtfulness, research, and analysis.
Areas to consider:
 | What search and seizure rights to students have in school? |
| What free speech rights to students have in school? |
| When can police search homes without a warrant? |
| When can police search cars without a warrant? |
| When can teachers express their religious beliefs in the classroom? |
| When can students express their religious beliefs in the classroom? |
| What is cruel and unusual punishment? |
| When does the protection against self-incrimination apply? |
| Is there ever a time when criminal defendants don’t have the right to confront their accusers? |