Court Cases
LBS HOMEWORK SHEET
United State v. Lopez, 514 U.S. 549 (1995)
Who is/are the plaintiff(s) (i.e. consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking?
The United States government who is seeking to convict a man for carrying a firearm into a school zone.
What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on?
The court must decide who has the authority to regulate the possession of firearms on school grounds. For example, if Congress has the authority then the Gun-Free School Zones Act of 1990 would be the law that would be used. However, it was later argued that Congress does not have the authority to regulate business in the schools.
What is the court's reasoning? (Might include reliance on precedent, statutory interpretation and legislative history & societal considerations)
On appeal the court overturned the sentence of one year imprisonment and two years supervision on the grounds that Congress did not have the authority to legislate public schools and that the Commerce Clause did not apply to the case.
What is the precedent or holding established by the court's ruling that will be followed in subsequent similar cases? Not just what the court does -- such as reverses the decision of the court below or awards damages to plaintiff -- but what is the proposition for which another party might cite the case?
Name of Case in Proper Legal Citation Format
Roe v. Wade, 410 U.S. 113 (1973)
Who is/are the plaintiff(s) (i.e. consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking?
Roe challenged the District Attorney Wade who declared that the criminalization of abortion acts were unconstitutional.
What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on?
The primary question is whether a woman has the right to terminate a pregnancy and if so under what conditions. The law was originally a common law until states began to criminalize the practice formally.
What is the court's reasoning? (Might include reliance on precedent, statutory interpretation and legislative history & societal considerations)
There was a time in which abortions were dangerous for all the parties involved. Some of the earlier laws were intended to protect women. However, as the technology progressed,…
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