Case Brief on landmark supreme court

at
Categories
Tags

 

 

 

A landmark case is one that is studied because it has historical and legal significance. The most
significant cases are those that have had a lasting effect on the application of a certain law, often
concerning individual rights and liberties.
For this assignment, you will write a case brief of one landmark case. A case brief is not a long
narrative, but rather a concise document that includes specific information.
Instructions: Look up one landmark case. State the name of the case, the year it was decided, and the
court that decided it. In your own words, briefly summarize 1) the facts of the original case, 2) the
legal questions that brought the case to the higher court, 3) the outcome, and 4) what makes it a
landmark case.
Use the following headings in your brief:
• Facts of Original Case
• Legal Questions
• Outcome (decision)
• What makes it a Landmark Case
EXAMPLE:
Maryland v King, 2013, United States Supreme Court
Facts of Original Case: Alonzo King was arrested and charged with assault. Per Maryland state law, a
buccal swab of King’s cheek was taken on arrest, and a DNA profile was generated and entered into
CODIS. A subsequent search in CODIS hit on an unidentified DNA sample from a rape case six years
prior. King was charged with the rape and found guilty.
Legal Questions: On appeal, King’s attorney asserted that the search and seizure of King’s DNA
violated his 4th Amendment right, and that the police had no probable cause to suspect him of having
committed any crime other than the assault he was originally charged with. He won the appeal. The
state of Maryland then appealed to the US Supreme Court (USSC), who accepted this case because it
dealt with several important legal and Constitutional questions: Does the 4th Amendment extend to
genetic privacy? Is the warrantless collection of DNA just part of the booking process, like
fingerprints? Or is it unreasonable under the 4th Amendment because it leads to, essentially, a
suspicion-less search?
Outcome/Decision: The USSC overturned King’s appeal (5-4) and upheld the original verdict of guilty,
ruling that the seizure and search of DNA in not unconstitutional, and is much like the seizing and
searching of fingerprints.
What makes this a landmark case: The decision in this case validates law enforcements authority to
seize (and search) DNA from arrestees, which greatly increases their power. The decision places higher
value on public safety than individual rights, and erodes the protections of the 4th Amendment.

 

 

 

 

 

 

Sample Solution

Case Brief on landmark supreme court

Brown v. Board of Education of Topeka was a landmark 1954 Supreme Court case. The legal question that brought the case to higher court was: do racially segregated public schools violate Equal Protection Clause? Yes. A unanimous Court overturned Plessy v. Ferguson and held that state laws requiring or allowing racially segregated schools violate the Equal Protection Clause of the Fourteenth Amendment. The Court famously stated “separate educational facilities are inherently unequal.” The Brown decision is heralded as a landmark decision in Supreme Court history, overturning Plessy v. Ferguson (1896) which had created the “separate but equal” doctrine. By overturning this doctrine, the Brown Court helped lay the ground for the civil rights movement and integration across the country.

manufacturing and gaining statistical control of it, the customer was at the end of each assembly line diagram and constituted the single most important section of it. This point has been either ignored or obscured in many failed attempts to implement TQM.

“Business organizations can achieve a sustainable competitive advantage by integrating total quality management and business process reengineering. TQM seeks continuous improvements in product/service quality over time, while BPR takes advantage of information and telecommunication technology to achieve dramatic changes in organizational processes that facilitate performance improvements. While the two management approaches both seek to enhance performance and quality, they are often perceived as complete opposites because of their dissimilar pace, time requirements and change initiatives” (Lee and Asllani 409).

Lee and Asllani however, argue that the two philosophies and approach to management control the course of the business “have many similarities and can be combined to form the ‘endless quality improvement’ management approach” (Lee and Asllani 409).

Similarities between reengineering and TQM out number differences, both; are initiated by senior management, focus on enhanced quality, seek the contribution of all employees, are team oriented, allows the blurring of pre-existing departmental boundaries, and both requires full management commitment. However there are some differences between these concepts. “Quality programs work within the frame work of a company’s existing processes and seek to enhance them by means of what the Japanese cal Kaizen, or continuous incremental improvement” (Hammer and Champy 52). The idea here is to do what you already do, however only do it better. With QTM the process is never truly completed, whereas with BPR the process can be quickly called completed. Also with QTM the process is evolutionary and utilizes a democratic management style, however with BPR more measurable results are recognized and departments do not become isolated from one another.

This question has been answered.

Get Answer
WeCreativez WhatsApp Support
Our customer support team is here to answer your questions. Ask us anything!
👋 Hi, Welcome to Compliant Papers.
Hi, how can I help?