FRQ 3 – SCOTUS Comparison

This guide organizes advice from past students who got 4s and 5s on their exams. We hope it gives you some new ideas and tools for your study sessions. But remember, everyone's different—what works for one student might not work for you. If you've got a study method that's doing the trick, stick with it. Think of this as extra help, not a must-do overhaul.

📌 Overview

• Students are asked to compare a non-required SCOTUS case with a required one and explain how the are related or relevant.
• 13% of Exam Score
• Spend about 20 min
• Scored on a 4 point rubric:
  • Identify Common Clause (1)
  • Compare Decisions (2)
  • Explain Political Impact (1)

💭 General Advice

Tips on mindset, strategy, structure, time management, and any other high level things to know

• Breathe! You’ve studied hard for this exam and even if you didn’t, there are usually context clues you can take away from the question.
• Don’t try to write every single piece of information you know about the topic. Write for accuracy, not length.
• Just because it’s a court case that you haven’t seen before, doesn’t mean that you won't be able to figure it out.
• All the court cases they’re giving you will connect to a topic you know and love from the curriculum, if not a required court case, you just need to scan through and find it.
• Before the exam or a few days leading up to it, review the big ideas for each court case. Try and find a system that will help you remember what a case is about and why it relates to another case. For example, if you’re reviewing Citizens United vs FEC, ask yourself: “what is the issue, why did the Court decide the way they did, and what were the impacts of the case?” It might seem daunting when you get the question, but the idea of the case will likely relate to the case you are given (i.e., not required to know). Knowing the facts will help you save time!

📝 Before you Write

What should a student do in the first few minutes, before they start writing?

• Annotate the prompt. Look for the facts and holding of the given case. Pay attention to the action words in the question (identify, explain, describe).
  • Look for language that reveals the constitutional clause. By identifying the clause, you can relate it back to a required landmark case.
• Remember that you aren’t supposed to know the case they give you. Don’t panic when you see it! Take a deep breath and read slowly.
• Make sure you’re really comprehending what you read in the prompt and try to connect it to other cases and concepts you’ve learned in class.

💡Tips for Earning Each Point

Identify Common Clause

• Look for subjects and verbs: A common clause will contain a subject (who or what the sentence is about) and a verb (the action the subject is performing).
• Look for phrases that indicate a specific condition or action, such as "if," "when," "because," or "since."
• Pay attention to the structure of the sentence. A common clause will typically have a subject and a verb, and it may also include additional information such as objects, complements, or modifiers.

Compare Decisions (2 pts)

• Collect and review information about each decision, including data, expert opinions, and historical context. Look at how the decision was made, who was involved, and what the goals were.
• Take into account the political, social, economic, and cultural factors that influenced each decision and analyze their impact on the outcomes.
• Evaluate which decision was more effective, fair, and democratic. Back up your choice with evidence and analysis.

Explain Political Impact

• It’s really important for this point to think of what group of people or thing the decision impacted.
• For example, if the case that the test gave you was Obergefell v Hodges which said gay marriage was a constitutional right, try to source the document.
• Also it’s very important to have a full understanding of the Constitution since there is a chance that these types of questions could ask how the Constitution interacts with the decision.
  • They’ll usually mask the Amendments as ‘civil liberties’.

🏛️Memorizing all the Required Cases

• There are four parts of each case you’ll need to know: facts of the case (background information), holding (court decision), constitutional principle (what part of the Constitution the court used to decide), and impact of the case. Make sure you know these!
• A simple way to study is to write out these parts in a chart for each case. Try to write out the facts, holding, principle, and impact without using class notes.
• After creating a master doc, use practice questions to really make sure you know the details. Fiveable and Khan Academy are fantastic resources for practice questions.
• Keep your master document updated as you get new information and practice more.
• You can try and memorize the cases by describing them out loud. This can be with your friends, family, or a wall. When you talk about the case out load and focus on the facts, holding, constitutional principle, and impact(s) of the case, your friend or family member will be able to ask any questions they have about the case which can help you remember what to include.