- Use the Shepardize tool in Lexis.com. Type out the case history stages of two cases: Terry v. Ohio, 392 U.S. 1 (1968), and Lawin v. City of Long Prairie, (find by case name in Minnesota Court of Appeals). Part of the Terry v. Ohio case history is supplied below.
As an example, a partial case history is provided below. Supply missing stages, including “companion cases” that were consolidated with the case and cite each case report:
The Ohio Court of Appeals for the Eighth Judicial District, Cuyahoga County, affirmed. (5 Ohio App 2d 122, 34 Ohio Ops 2d 237, 214 NE2d 114.) The Supreme Court of Ohio dismissed defendant’s appeal on the ground that no substantial constitutional question was involved.
Terry v. Ohio, 392 U.S. 1 (U.S. 1968).
- After, completing the case histories answer questions about those two cases, plus, State v. Opperman, 247 N.W.2d 673 (S.D. 1976).
- Is the State v. Opperman ruling by the South Dakota Supreme Court the final ruling on whether Opperman’s rights were violated under the state constitution? Is it persuasive or mandatory authority for other states?
- Is Terry v. Ohio mandatory authority for the federal system, the states, or both?
- Was Lawin v. Long Prairie mandatory or persuasive authority in the Missouri case of Fletcher v. Independence, Mo.?
This week your focus will be on three separate cases:
- Terry v. Ohio, 392 U.S. 1 (1968)
- Lawin v. City of Long Prairie (you have to find the cite from the Minnesota Court of Appeals yourself)
- State v. Opperman, 247 N.W.2d 673 (S.D. 1976)
Case history:
For the two new cases (Terry v. Ohio and Lawin), list the case history of each.
Answer the following questions about the identified case:
- Opperman: Is State v. Opperman, 247 N.W.2d 673 (S.D. 1976) persuasive or mandatory authority for other states?
- Terry v. Ohio: Is Terry v. Ohio mandatory authority for the federal system? Mandatory authority for state courts? Or Mandatory authority for both federal courts and state courts?
- Lawin: Look up the Missouri case of Fletcher v. Independence, MO. Was Lawin v. City of Long Prairie mandatory or persuasive authority in Fletcher v. Independence, MO?
Format alert: Feel free to submit your assignment in outline form using bullet points, but be sure to present the information in a logical, organized fashion using complete sentences.
