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How to Please the Court

A Moot Court Handbook

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Edited By Paul I. Weizer

Designed for anyone who has an interest in using moot court simulations as an educational exercise, How to Please the Court brings together prominent moot court faculty who share their collective years of experience in building a successful moot court program. Touching on all aspects of the moot court experience, this book guides the reader through conducting legal research, the structure of an oral argument, the tournament experience, and the successes and rewards of competition.
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Appendix Seven: Sample Case Brief: Griswald v. Connecticut (1965)

Extract

APPENDIX SEVEN

Sample Case Brief: Griswald v. Connecticut (1965)



Kimi King

FACTS

Griswold, an Executive Director of the Planned Parenthood League of Connecticut, and a medical doctor were convicted under a state statute that made counseling of married persons who sought to take contraceptives a criminal offense. The state fined each defendant $100 as accessory to the 1879 state statute prohibiting the dissemination of birth control to married persons. The defendants argued that the state law interfered with a right to privacy. The Court had previously heard a challenge to this same statute in Poe v. Ullman (1961) but had refused to hear the case because no one had yet been prosecuted.

ISSUE

Is there a right to privacy in marital relationships implicit in the Constitution despite the absence of specific language to guarantee the right?

If so, where does this right emanate from within the Constitution? ← 145 | 146 →

REASONING

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