As a critical thinker, you know there are many ways to phrase an issue. How a judge decides to describe the issue often tells the reader who is likely to win the case. Case 6-4 helps readers think...

As a critical thinker, you know there are many ways to phrase an issue. How a judge decides to describe the issue often tells the reader who is likely to win the case. Case 6-4 helps readers think about ways to word an issue. It also presents a good reminder of the importance of analogies in legal reasoning.

 1. In Case 6-4, the judge carefully chose how to word the issue. Step into Smyth’s shoes and write the issue as he saw it. In other words, if Smyth, through his lawyers, were allowed to state the issue, how would the issue be read? Clue: Reread the part of the case containing Smyth’s main arguments.

2. Smyth wants the court to look at what happened to him regarding privacy and view any violations as comparable to violations of privacy related to urinalysis and/or personal property searches. Why does the court reject Smyth’s comparison? Clue: Reread the part of the decision in which the court discusses privacy rights.