Learning Objectives:

Based on the information and understanding gained from Lessons One and Two, the student will generate sound, legal arguments for both sides of the selected case or a hypothetical case.                                

Based on the oral argument broadcast (or video tape of the oral argument), the student will gain an understanding of the oral argument process and the types of questions that provide the best information to the judges (district courts of appeal) or justices (supreme court) so that they can decide the case in question.                         

Based on the oral argument broadcast (or the video tape of the oral argument) and the background information about the legal aspects of the selected case, the student will role play an oral argument at the supreme court level.

Suggested Learning Activities:

1.  Using either the actual case, the hypothetical case, or both, brainstorm the strong and weak points of each side’s argument on this issue.

Alternate activity:  Assign a short paper explaining Renee B.'s side (using the actual case) and a short paper explaining AHCA’s side.  Students can compare their answers to the actual attorneys’ briefs of the selected case to see if they thought of points that the attorneys overlooked.  There are the following briefs:  

(1) the initial brief of the Petitioners (Renee B.);

(2) the answer brief of the Respondent (AHCA);

(3) the reply brief of the Petitioners;

(4) the amicus curiae brief of the National Abortion and Reproductive Rights Action League; and

(5) the amicus curiae brief on behalf of the members of the Florida Legislature.

2.  Divide students into groups and brainstorm the following question:

If you were one of the justices on the supreme court, what questions would you ask of the parties in this case?

3.  Assign the students to the different roles of the hypothetical case:

• Seven justices (one of which is chief justice),
  
• Attorneys for each side (as many as you feel are appropriate); and
  
• One Marshal to keep time (for example, ten minutes per side).

Act out the oral argument, with the attorneys presenting their side, and the justices asking questions.