Mr. Polanco’s Web Quest

Introduction

Harry S Fruman High School is considering making its third period one of meditation. Realizing the increase in gang violence, the principal Ms. Fasser, a devout Jehovah’s Witness, looks for cooperation from the students. Ms. Fasser believes that a strict combination of making the students where uniforms and sit down for a moment of silence would make Fruman H.S. a better place. Ms. Fasser wrote up a statement that she will ask a student to read for third period announcements. “Good Morning Fruman High! Let us take this moment to bow our heads in our moment of silence and meditation. We ask forgiveness for our thuggish ways and help us to work with one another to make our school a better place to be.” Ms. Fallo, a constitution expert and A.P. of Social Studies goes to the principal office immediately after the announcement and demands an explanation. Ms. Fallo claims that Ms. Fasser has just violated the Establishment clause of the Constitution. Ms. Fasser denies the charge and says that there was no reference to God in any way and it is impossible for such a charge to stick, since she has the students behind her. Ms. Fallo immediately calls all the News Channels to tell them what happened at Fruman HS.

The lower court, District Court of Evander Childs rules in favor of Ms. Fasser and the NYC Board of Education. Ms. Fallo clearly unsatisfied with the decision submits and appeal to the Bronx Supreme Court, Chief Justice Campione grants certiorari.

Task

You will be divided into two teams for this exercise.

Group A.
You have studied the situation at Fruman High School. You are a constitutional lawyer with the firm Polanco & Polanco. Ms. Fallo hires your services in bringing a class action suit against Ms. Fasser and the NYC Board of Education on the basis of the violation of the Establishment clause in the U.S. Constitution. You are to research if the present situation is in violation of the establishment clause?

Group B
You have studied the situation at Fruman High School. You are a constitutional lawyer with the firm White & Castles. Ms. Fasser and the NYC Board of Education hire you to defend them against Ms. Fallo’s class action suit.

Process

Both groups must submit the briefs and answer the following to the Court:

1. The facts of the case
2. What is the Establishment clause?
3. Why did the Founding Fathers include with the Establishment Clause in the constitution?
4. Using CompuLegal, find cases that would act as precedent for the Polanco Court to consider in your favor.
5. Explain how the case you researched on CompuLegal is related to your case.
6. Write a conclusion of one paragraph summarizing why the court should rule in your favor.
7. Prepare to present your oral argument to the courts upon submission of the brief.

Resources

Your Law Firms are fortunate enough to provide you with various tools you’re your research . CompuLegal, the most coveted legal research website to assist you in preparing for your case and you are suggested to interview members of the social studies faculty at Fruman H.S., constitutional experts, to better understand the establishment clause. Remember to give credit to your resource when submitting the brief. You may also research the New York Times, The Washington Post, and CNN to gather information for your side.

Evaluation

Your ultimate goal is to convince the court to rule in your favor. This will be a two step process.

Step One – The Legal Brief must include all of the information requested
Step Two – The Argument before the Bronx Supreme Court

The Rubric will be the following
Legal Brief – 50 points
Grammar, use of precedent cases, and substance of argument

Moot Court – 50 points
Each of the following will be given (1-10 points )
-Presentation of the case, Fallo v. Fasser, Board of Ed
-Knowledge of the Case Material
-Use of precedent cases in the presentation

Conclusion

At the end of the trial you should be able to begin questioning the motivation for our founding father's for writing the constitution the way they did. Your Legal Brief will allow you to see the importance of precedent in our court system. At the Moot Court level, the practice of speaking in public will be very valuable as you progress in high school and college.