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  CLASS - LESSON PLANS

STATE OF LOUISIANA

V.

JOSEPH DAVIS FERRIS

LESSON PLAN #1:

ROLE AND OPERATIONS OF THE LOUISIANA SUPREME COURT

Using the information contained in the "Commonly Asked Questions" section of this website or in the first portion of the CLASS videotape, lead a discussion on the basic role and operations of the Louisiana Supreme Court. Be sure to focus on:

a. the structure of the Louisiana Court System

b. the state judiciary as an equal branch of Louisiana Government

c. the jurisdiction of the Louisiana Supreme Court

d. the discretion of the Louisiana Supreme Court to hear certain cases

e. the number of Louisiana Supreme Court Justices and how cases are assigned

f. oral arguments before the Louisiana Supreme Court

g. writing Louisiana Supreme Court opinions

h. the workload of the Louisiana Supreme Court

i. the difference between the Louisiana Supreme Court and the United States Supreme Court

LESSON PLAN #2:

TRIAL COURT PROCEEDINGS

Using the briefs filed by attorneys posted on this website in State v. Ferris and the Louisiana statutes, discuss the following:

a. the intent of the "underage driving while under the influence" statute (La. R.S. 14.98.1)

b. the facts of State v. Ferris

c. the "Right to Individual Dignity" article of the Louisiana Constitution

d. the argument of the defendant in challenging the constitutionality of La. R.S. 14.98.1

e. the argument of the State to the trial court for upholding the constitutionality of La. R.S. 14.98.1

f. the decision of the trial court and the reasons stated by the court for the decision


LESSON PLAN #3:

JURISDICTION OF THE LOUISIANA SUPREME COURT

Using the information contained in the "Commonly Asked Questions" section of this website, the briefs filed by attorneys posted on this website and the videotaped oral arguments in State v. Ferris, discuss the following:

a. the jurisdiction of the Louisiana Supreme Court to hear the case

b. the jurisdiction of an intermediate appellate court to hear the case

c. who the parties are in the case before the Louisiana Supreme Court

d. who is representing the State of Louisiana in the case before the Louisiana Supreme Court

e. which party is appealing the trial court's ruling to the Louisiana Supreme Court

f. the proper titles of opposing parties at both the trial court level and the appellate court level


LESSON PLAN #4:

PROCEEDINGS IN THE LOUISIANA SUPREME COURT

Using the information contained in the "Commonly Asked Questions" section of this website, the briefs filed by attorneys and case law posted on this website and the videotaped oral arguments in State v. Ferris, engage in role-playing and discuss the following:

a. the strong and weak points of the defendant's argument in the case

b. the strong and weak points of the State's argument in the case

c. whether the "friend of the court" (amicus curiae) bolstered the argument of the State in the case

d. what questions you would ask the parties if you were a Supreme Court Justice

e. The possible effect of the Manuel case on the arguments of each party in the case

LESSON PLAN #5:

WRITING YOUR OWN SUPREME COURT DECISION


Using the information contained in the "Commonly Asked Questions" section of this website, the briefs filed by attorneys posted on this website and the videotaped oral arguments in State v. Ferris, write your own decision in State v. Ferris. The following steps should be taken in writing the decision:

a. state the facts

b. state the arguments of both sides

c. state the applicable law

d. state the ultimate holding (decision) in the case

e. state the reasons for the decision

f. obtain a majority vote if a group project

g. prepare any dissenting opinions

h. compare to official Supreme Court decision upon release (after April 13th)

LESSON PLAN #6:

HYPOTHETICAL SITUATIONS


Using these hypothetical circumstances and the case law posted on this website, determine the outcome of a case using the underage DUI and adult DWI statutes:

a. if the a 17 year old is found parked on the side of the road, slumped over the steering wheel of the car asleep and smelling of alcohol

b. if the driver is 21 years old

c. if the vehicle is found off the road, the defendant appears intoxicated and is standing nearby the car

d. if a 16 year old defendant's blood alcohol level is over .10

e. if a 22 year old defendant's blood alcohol level is under .07

f. if a 17 year old defendant's blood alcohol level was over .07 after drinking in conjunction with a traditional family or religious occasion

g. if the defendant was found DUI after taking a prescribed dose of allergy medicine

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