Objective 02 Understand Court Systems and Trial Procedures

Understand Court Systems and Trial Procedures

Activity 1

Read each statement and mark T-True or F-False for each in the blank preceding the statement.

______ 1. The U.S. Supreme Court has both original and appellate jurisdiction.

______ 2. Most Court of Appeals cases are decided by a panel of three judges.

______ 3. The Federal Appeals Courts listens to original court testimony and evidence presentation.

______ 4. The U. S. District Courts have original jurisdiction.

______ 5. There are thirteen Federal Courts of Appeal with twelve being assigned a specific geographic section of the United States. The thirteenth court handles cases in Alaska and Hawaii.

______ 6. The bottom level of the Federal Court system is the Federal District court.

______ 7. The U. S. Supreme Court decides which cases it will hear by a vote of nine of its justices.

______ 8.Currently there are 94 U. S. District Courts.

______ 9.Cases that involve an interpretation of the U. S. Constitution are normally heard in the State Supreme Court.

______ 10. A dispute between North Carolina and Virginia over ownership of the Lake Gaston boundary area on the state line, would be decided in each respective State Supreme Court of each individual state.

Objective 1.02

Understand Court Systems

and Trial Procedures

Activity 2

This Fairy Tale Mock Trial is designed to challenge students to progress through:

• 
  comprehension
  
• 
  analysis
  
• 
  transformation
  
• 
  Argumentative
  

Why do fairy tales always have such mean villains? Why do our heroes have to suffer so much? Come and investigate a fairy tale and take those bad bullies to court!

In order to take those bad bullies to court, you must know your facts. You must be prepared!

1. Examine the crime scene, gather facts, and interview witnesses (in other words read/review your chosen story).

2. Select a bad bully to take to court.

3. You and your team will try the bad bully case. Your classmates will be the jury.

Read a fairy tale. Investigate the important details of each story. Answer the Story Summary Questions for your story. (DUE TO THE TEACHER)

1. 
   Character Descriptions for:
   
   1. 
      The Main Character(s)
      
   2. 
      The Villain
      
2. 
   Describe the Setting
   
3. 
   What is the problem(plot)?
   
4. 
   How is the problem solved?
   

A law is broken when someone is hurt or taken advantage of by another. Examples of laws that have been broken in these fairy tales are:

• fighting and violence

• cruel treatment

• false imprisonment (being locked up for no reason)

• stealing

• trickery and fraud

It is your team's job to select a fairy tale and investigate possible crimes. Answer the Crime Scene Questions to identify the bully, identify the law or laws broken, and get all the evidence that shows a law or laws have been broken.(DUE TO THE TEACHER)

1. 
   Laws Broken
   
2. 
   Explain how the main character was hurt by the crime.
   
3. 
   Describe where the crime or crimes take place.
   
4. 
   Evidence:
   
   1. 
      Did any characters witness the crime/crimes? Who? How?
      
   2. 
      What objects were used in the crime?
      
   3. 
      Are there any clues left behind at the crime scene?
      
   4. 
      What strange things happened that shows a crime has taken place?
      

Laws are created to try and make sure everyone is treated fairly. When people think they are treated unfairly (if they have been hurt by another), they can go to court and ask a judge or jury to hear the evidence and decide whether they have been treated fairly or not. We have a balanced process to help us find out what is fair.

• Both sides tell their side of the story before a judge and jury.

• Both sides can respond to what each other says.

Work with a team of 2 people. Each of you will have one role. Your team needs to have two lawyers. One lawyer will defend the plaintiff and the other will defend the defendant.

1. First state which laws were broken. Provide the evidence to supports your case.

2. Make sure you are organized.

3. Be dramatic, you want to convince the jury a horrible crime has taken place.

1. You will tell the defendant's side of the story. Provide the evidence to supports your case.

2. Make sure you are organized.

3. Be dramatic, you want to convince the jury a horrible crime has not taken place or that there was a big misunderstanding.

Your team will try your case. The other classmates are the jury. In order to have a successful case, everyone must be prepared. Draw pictures of the crime scene based on the facts in the story on your crime scene worksheet, make props for evidence, dress up like your character, and have fun!

Order of Events

1. Opening statement by the bailiff.

2. Judge welcomes jury and tells the jury about the events that took place (the crime, not the entire story).

3. The Prosecuting lawyer goes first, telling their side of the story.

4. The Defending lawyer goes second, telling their side of the story.

5. There are closing arguments to review the case and convince the jury to make a choice. The Prosecuting lawyer gives their arguments first and then the Defending lawyer gives their arguments.

6. The judge reminds the jury what laws are broken and tells the jury their responsibilities in this case.

7. The jury meets privately to make a decision on the case.

8. A decision is made by the jury and is announced by the judge.

Use this order of events and prepare. Make sure your trial is less than 20 minutes long so that the jury will pay attention. Plan your day in court. The class will be the jury.

You will be graded in five different areas and can earn up to 75 points!

In American History there have been several Supreme Court cases which are considered “landmark.” A landmark case is one in which a significant change to legal precedent (previous cases) or a significant change to law has been made. There are several which are important to understanding the evolution of American Law. You are to go to the following websites and read about each of the following landmark cases. Answer the questions listed about EACH of the cases. When you are done, please save your file and use the “Upload Landmark Cases” link from Moodle to upload the file so I can view it. Thank you!

Case: Marbury v. Madison

Web Site: http://www.pbs.org/wnet/supremecourt/antebellum/landmark_marbury.html

Questions:

1. 
   What is “judicial review?”
   
2. 
   Who was the Chief Justice at the time?
   
3. 
   Who were Marbury and Madison?
   
4. 
   What questions were raised in the case resolution?
   
5. 
   In which question was the subject of judicial review addressed?
   
6. 
   What is Original Jurisdiction?
   
7. 
   Why do you think this case was so incredibly important?
   

Web Site: http://www.pbs.org/wnet/supremecourt/rights/landmark_gideon.html

Questions:

1. 
   What was the Supreme Court ruling in this case?
   
2. 
   Who was Gideon and what did he do?
   
3. 
   Why did Gideon not have an attorney?
   
4. 
   Why did the judge not grant him one?
   
5. 
   What is a habeas corpus petition?
   
6. 
   Which amendment was violated in Gideon’s Case?
   
7. 
   What amendment did the court note that the states must abide by because of the due process clause?
   
8. 
   What is an “adversarial” court system?
   

Web Site: http://www.pbs.org/wnet/supremecourt/rights/landmark_miranda.html

Questions:

1. 
   What was the ruling of the Supreme Court in this case?
   
2. 
   Who was Miranda and what did he do?
   
3. 
   Who was the Chief Justice on the case?
   
4. 
   What amendments were violated?
   
5. 
   What are “Miranda Rights?”
   
6. 
   Why is this such an important case?
   

Assignment: Students will create a “booklet” of newspaper articles from current periodicals. This booklet should include both criminal and civil cases. You should have a total of 10 cases in your booklet. These cases should be from newspapers or magazines. Criminal cases will be very easy to find. It will be much harder to find civil cases but you need to try! Please include at least two civil cases in your booklet. If you have trouble finding them, please ask your teacher.

Specifics:

1. Include the actual newspaper article (not a copy of the article) in your booklet. You may staple it or tape it onto a sheet of paper in your booklet. Please make sure to write the SOURCE of the article (newspaper name, etc.--- including the date) at the bottom of the page.

2. On another sheet of paper, answer the following.

For each article (this may be typed or handwritten -- as long as it is neat):

• 
  Give a brief summary of each case which includes: the location of the crime, the crime the defendant is being charged with and the “status” of each case (has it been tried in court, appealed, etc.)
  
• 
  The punishment given in each case if already determined; if not, put “not yet determined”
  
• 
  Your opinion of the case --- do you agree or disagree with the verdict?
  
• 
  Does this case affect your life in any way? Does it change your life? If not, what population of people does it affect?