The Facts of the Case and the Issue Question

Scales

Elements of the case:

In each case that you are examining, the Project LEGAL method is to separate the case into the competing parties, the actions that each of the parties took; the values which the actions of each of the parties support; and the legal bases for each of the parties' actions.

Parties:
The person, group, or organization which came into conflict with another person, group or organization. The first party listed is that of the person, group or individual who believes their rights are being violated/abridged. The second party is the one (usually the state or one of its agencies) who is committing an act against the first party.
Actions:
Those events or behavior taken by a party which led to the conflict in question. (When filling out the actions of the two parties, remember to phrase them in the form of a gerund. A gerund is a verb which has an "ing" ending.)
Values:
Those things (beliefs, objects, ideas, etc...) which a person considers important and affects his actions. (When filling out the values of the parties remember to phrase them in the form of a noun.)
Legal Bases:
The Constitutional basis or bases that grants a right or authority to the parties in support of the actions they have taken. (i.e. the Bill of Rights or the U.S. Constitution.) (When filling out the legal bases remember to include all relevant amendments.)


Forming the Issue Question


Here is a sample of what an issue question could look like, using Brown v. Board of Education:

"Does requiring blacks to attend segregated schools
	  (action of the state or school board)

based on Kansas law, school board policy (and the 10th Amendment)
                (legal basis of the state or school board)

violate the Brown family's right to equal protection
				   (action or value)

based on the 14th Amendment?"
	     (legal basis)

Form Issue Question

Or skip to the reasoning page.