Court for kids: it's your turn to be the judge
You decide whose arguments are best in these five real-life court cases.
By Bridget Heosfrom the March 25, 2008 edition
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Every day, judges make decisions. To do this, they listen carefully to both sides. They think about what the law says, what other judges have said, and what is unique about this case.
Now it's your turn to be the judge.
Form an opinion about these five real-life court cases. At the end of the story, read what the judges decided.
Quiet time
1. Can schools require students to take a moment of silence?
Many years ago, some public schools required students to pray. However, this was found to go against the First Amendment right to freedom of religion. The government (which includes public schools) cannot tell you to be a certain religion – or any religion at all.
Since then, some states have adopted laws requiring schools to have a moment of silence each morning.
In 2000, the state of Virginia adopted such a law.
The time was to be used for prayer, meditation, or reflection. Students needed to be seated and quiet. Teachers and students couldn't pray aloud. The teacher couldn't tell students to pray or not to pray.
A group of parents sued the governor, schools, and officials, saying the law went against freedom of religion.
The case went to a US Court of Appeals, where two judges ruled one way and one disagreed.
Here is an argument in favor of allowing the moment of silence:
In the past, the US Supreme Court said that it was OK to have a moment of silence as long as prayer was not the only reason for it. In this case, there were other purposes, such as quieting students before starting the school day.
Here is an opposing argument:
The bill's purpose was to have prayer in the school. Other reasons for the quiet time, such as giving children time to think, were a sham.
What is your decision?
Bread and beans
2. Is a burrito a sandwich?
In the White City Shopping Center of Shrewsbury, Mass., only one sandwich shop was allowed: Panera Bread Co. That was in the restaurant's agreement with the mall.
When Qdoba Mexican Grill wanted to move in, Panera said that the Mexican restaurant shouldn't because it sold sandwiches.
Not peanut butter and jelly. Not turkey and Swiss. But burritos, tacos, and quesadillas.
Panera, the plaintiff, argued: Tortillas are really a kind of bread. Beans and meat are fillings, which sandwiches also have. So a burrito is a sandwich. (A plaintiff is the person, group, or organization who brings an accusation before a court.)
The lawyer for Qdoba, the defendant, called as a witness chef Chris Schlesinger, from Cambridge, Mass., who said that calling a burrito a sandwich was absurd. He didn't know any chefs who would do that. (A defendant is the person, group, or organization who is being accused in court.)
What is your ruling on this?
Doggy in the middle
3. If a family left their dog behind during hurricane Katrina and somebody else adopted the pet, who should the owner be?
Steven and Dorreen Couture had two dogs – Master Tank, a St. Bernard, and Nila, a shepherd mix. They lived in St. Bernard Parish, La., with their granddaughter, Cassidy, and grandson, Steven.
In August 2005, hurricane Katrina destroyed their house and flooded their neighborhood. They fled, leaving their dogs behind but intending to come back for them.
A family member brought the dogs to a temporary animal shelter, Camp Lucky. Later, the Humane Society picked up the dogs and, in October, allowed Pam Bondi to adopt Master Tank and Rhonda Rineker to adopt Nila.
Both women thought they were adopting the pets permanently.
When the Coutures traced their dogs to the homes of Ms. Bondi and Ms. Rineker in January 2006, the women refused to give the dogs to the Louisiana family. The Coutures sued the women.
The Coutures's lawyer argued that the dogs were the family's property and needed to be given back.
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