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STATE
OF LOUISIANA
V.
JOSEPH
DAVIS FERRIS
LESSON
PLAN #1:
ROLE
AND OPERATIONS OF THE LOUISIANA SUPREME COURT
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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
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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
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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
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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
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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
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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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