4th Amendment
14th Amendment
Moot Court Argument Structure
Moot Court Problem Facts
Case Holdings
100

What does the 4th Amendment protect you from?

Unreasonable searches and seizures

100

Why was the 14th Amendment ratified?

It was designed to grant citizenship to and protect the civil liberties of people recently freed from slavery

100

How do you address the judges?

"Your Honors"

100

Name one of the parties involved.

Richmond High and Ted Higgins

100

Is a porch part of a home and does it require a search warrant?

Yes, the porch is within the curtilage of the home and requires a search warrant

(Florida v. Jardines)

200

Name something that must be included in a search warrant.

1. It must be particular in the place that is being searched

2. The application of law (specific evidence of specific crime being looked for)

3. Probable cause (why that evidence is being searched for)

4. Return (the list of things to be taken)

200

Name three examples of fundamental rights

1. right to marry

2. right to vote

3. right to privacy

4. education

5. LGBTQ+ rights

6. right to die

200

How do you start your argument speech?

"May it please the court. My name is ___ and I represent party, ___."

200

Who is the petitioner?

Richmond High 

(that means Ted Higgins is the respondent)

200

Can the police require a driver and/or passenger to get out of the car?

Yes, they can. The court wants police officers to be safe.

(Pennsylvania v. Mimms)

300

Name 2 examples of exigent circumstances.

1. Hot pursuit

2. Destruction of evidence

3. Preventing someone from getting hurt

300

Name a group that qualifies as a suspect class.

Race, national origin, and fundamental rights

300

What do you include in your roadmap?

The issue that you will argue and the reasons you want the Court to rule in your favor.

300

What classes was Ted taking?

Art and sport psychology 

300

Can States require children to only be educated at public schools?

No, requiring students to only be educated at public schools violates the 14th Amendment.

The 14th Amendment protects parent's liberty to direct their child's education. 

400

What do police need to search you? 

(There are 2 possible answers)

Probable cause (or an exception) OR reasonable suspicion 

400

What is the difference between civil liberties and civil rights?

Civil liberties: in the Constitution in the Bill of Rights

Civil rights: in the 14th Amendment

400

What is a prayer for relief?

Where you state what you are asking for from the court.

400

What was found in the room scan?

Green spray paint on Ted's hands and a spray paint can. 

400

Can the government track a cell phone's movement for a long period of time?

No, tracking the movement of a cell phone is intrusive on the owner's reasonable expectation of privacy in their physical movements.

(Carpenter v. United States)

500

What is the two-part test for a reasonable expectation of privacy?

1. Subjective expectation

@. Objective expectation

500

What level of scrutiny is this:

The government has an important government interest and the discrimination is substantially related to achieve their goal.

Intermediate scrutiny

500

What do you say when your time runs out?

"I see my time has expired, may I briefly conclude?"

500

Did Ted want to consent to the scan?

Ted did not want to consent but he had no choice.

500

Can colleges and universities have racial preferences in admission?

No, racial justification for admission is not narrowly tailored to achieve its purpose of promoting diversity, so it violates the 14th Amendment.

(Gratz v. Bollinger)


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