“To Kill a Mockingbird” by Harper Lee for my literature of choice
Literature as a critique of law
Choose any work of literature we have utilized this semester. How does the work of literature critique an aspect of the law? This could be – but doesn’t have to be – through the concept of evidence gathering and interpretation. For your analysis, analyze the real law that is being referenced, and utilize at least two of the law and lit theoretical discussion articles posted or assigned in detail.
Work of literature: __________________________________________________
LEGAL ANALYSIS
What is the issue/problem that occurred in the work of literature? _____________________
What are the facts from the work of literature that relate to the issue/problem: ___________
Type/Concept of law you want to focus on (for example – criminal law, family law, property law, the concept of evidence, the concept of trial practice): _____________________________
Is there a “part” or aspect of this law you want to focus on (for example, an aspect/part of criminal law such as due process, probable cause, witchcraft, murder, rape, the death penalty, punishment; an aspect of property law such as the forfeiture of land, government takeover of land; an aspect of evidentiary law such as evidence allowed at trial; an aspect of trial law such as proper questioning, the purpose or form of questioning, the deposition): ____________________________________
Define the type/concept of law (generally): _________________________
If you choose to go this route, define the “part” or aspect of law you want to focus on (generally): _________________________________________________________
You may want to look at The Law Dictionary for basic definitions Black’s Law Dictionary – Free Online Legal Dictionary
https://thelawdictionary.org/
Time period: You can focus on the present day, even if the action occurred in the far past.
Jurisdiction (place): You can focus on the USA federal law. Federal laws are considered the “highest” and more determinative laws that speak more for the entire country; state laws are more localized and geared to the culture/norms/values of the particular state. For this assessment, you can use a federal law to interpret an action in the state.
What is the rule/law that governs the issue/problem that occurred in the work of literature? _________________________________________
Use the U.S. Constitution as your law.
FindLaw is a good resource to use; it provides the laws (click the link for the US Constitution)
https://caselaw.findlaw.com/
Also, Lexis/Nexis is a database you can access to find this information as well.
How has the U.S. Supreme Court interpreted the law you are looking at? ____________
Name of case:
Law you are looking at:
What the US Supreme Court said about the law in this instance
In the USA, by and large law is interpreted by court cases that occur after the law has been passed. This is done to clarify for the public certain actions related to the law, which may not be clear on every logical action that occurs.
You will look for a case decided by the US Supreme Court that relates to the issue/problem you are looking at. This may take some time.
FindLaw is a good resource to use; it provides US Supreme Court Cases (search the Opinion Summaries drop box for the applicable case. Use the US Supreme Court as the court to view).
https://caselaw.findlaw.com/
Also, Lexis/Nexis is a database you can access to find this information as well.
Apply the US Supreme Court finding to the facts of your case:________________________
Relate the interpretation of the law you found in the US Supreme Court case to the facts of the work of literature you are using.
How is the courts finding/reasoning related to the facts of the work of literature?
What can you conclude about how a judge would rule about issue/problem from the work of literature based upon what the US Supreme Court found? _________________________________________________
LITERARY ANALYSIS
Law and lit theoretical article : ________________________________________
Part of the article that applies to the issue/problem you are looking at: ______________
Apply how the article relates to the issue/problem: ______________________________
Law and lit theoretical article : ________________________________________
Part of the article that applies to the issue/problem you are looking at: ______________
Apply how the article relates to the issue/problem: ______________________________
Comment on your findings – overall, how do the articles speak to your issue/problem: ___