This two-part lesson can be completed individually or in groups. The first part walks students through the content on judicial independence found on the Judicial Learning Center’s web page. This portion could be completed as homework in preparation for the second part.
The second part uses a silly, fictious courtroom scenario, with 19 inaccurate statements. These statements sometimes target vocabulary, but also involve the trial process and judicial ethics. Students will use what they know about the judicial process, courts, and judicial independence to read the case and pick out the inaccurate statements. Once they are identified, students should note what is wrong with the statement and provide a correction in the space given.
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2 class periods
After completing this activity, students will:
Place students into groups of 2, 3, or 4 depending on your class size.
Distribute the handout for part 1, and instruct students to go to the Student Center pages at https://judiciallearningcenter.org/about-federal-judges/ and https://judiciallearningcenter.org/judicial-independence/
Tell them to use the two web pages to complete the questions on the handout.
Allow time to complete. When finished, discuss the answers. Lead a discussion to include the following points:
After summarizing part 1, distribute copies of the handout for part 2. Explain to students that they will be reading a brief scenario about a court case.
Explain that there are many errors in the summary, and their job is to find them all.
Allow time to complete. When finished, discuss the answers from the teacher guide.
Ask students to share their thoughts on the following:
What is the difference between civil and criminal cases and how do you know if a case will be heard in state court or in federal court? In part 1, students will be asked to read and compare two current news stories and identify the key differences between civil and criminal lawsuits. This should be completed before any detailed instruction on the differences between civil and criminal cases. In part 2, students will use the Student Center webpages and/or a fact sheet to differentiate between federal and state court cases. The activities in this lesson can be assigned to students individually or in groups.
1-2 class periods
Handout A – Article 1
Handout B – Article 2
Handout C – Comparing Criminal and Civil Lawsuits Student Chart
Handout D – Comparing Criminal and Civil Lawsuits Summary & Answer Key
Handout E – Fact Sheet: Comparing State and Federal Courts
Handout F – Comparing State and Federal Courts Student Worksheet
Handout G – Comparing State and Federal Courts Answer Key
Handout H – Case Scenarios
Handout I – Case Scenarios Answer Key
After completing this activity, students will:
• Have a deeper understanding of the characteristics of civil and criminal lawsuits
• Be able to pick out key differences in a news story, and determine the type of case from those clues
• Be able to compare and contrast federal and state jurisdiction in simple terms
• Apply knowledge of these differences to new situations by determining the jurisdiction of fictional scenarios
• What are the main identifying components of a civil lawsuit?
• What are the main identifying components of a criminal lawsuit?
• How are civil and criminal lawsuits alike? How are they different?
• What is under the jurisdiction of the state court system? The federal court system?
• What is general jurisdiction? What is limited jurisdiction?
• 6-8.AH.1.GS.A – Analyze laws, policies and processes to determine how governmental systems affect individuals and groups in society in American History prior to c. 1870.
• 6-8.AH.3.GS.E – Apply the principles of rule of law, representation, separation of powers, checks and balances, and federalism to explain the purposes and functions of the Constitution.
• 6-8.AH.5.GS.B – Analyze federalism and popular sovereignty to explain peoples’ expectations of the role of government and their place in governance.
• 9-12.GV.3.CC.D – Analyze the changing relationship between state and federal governmental powers.
• 9-12.GV.3.GS.A – Apply the concepts of due process of law, popular sovereignty, rule of law, representation, and federalism to explain the purpose and legacy of the Constitution.
• 9-12.GV.3.GS.F – Compare the structure and functions of local, state, and federal governments.
This WebQuest is designed to walk students through Article III of the Constitution by examining primary source material as well as the interpretive information on the Judicial Learning Center website. The activity can be completed using the printable worksheet, or virtual form. Students will need the ability to access the Judicial Learning Center website.
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1 class period
After completing this activity, students will:
Explain to students that although Article III is the shorter than Articles I or II, it is still very important.
Place students into groups of 2, 3, or 4 depending on your class size.
Instruct students to navigate their internet browsers to the page they will use:
Distribute copies of A: Article III WebQuest.
Allow time to complete.
Go over the WebQuest responses with the class.
Section 2 of Article III, detailing the jurisdiction of the federal courts, often causes confusion in students. Useful follow up activities can be found by visiting the Student Center and Educator Center pages:
Through this three-part lesson, students will learn that criminal justice is not solely about imprisonment. Working in groups, students will activate prior knowledge to form definitions for categories of justice, examine corrective justice to identify the goals and types of punishment, and learn about restorative justice and problem-solving courts.
Your Day in Court – The Punishment Phase
2 – 3 class periods
Download the PDFStudent Handouts
After completing this activity, students will:
Ask students to think about the use of the word “justice,” and if they can list any examples of when the word is used (i.e., in the Pledge of Allegiance).
Introduce several quotations about justice. Below are examples, though you may be familiar with others as well.
Allow students to look up the definition of justice, or post the dictionary definition:
Justice. Noun.
1) Fairness, 2) Moral rightness, 3) A scheme or system of law in which every person receives his/her/its due from the system, including both rights and punishments.
Distribute A – “Concepts of Justice” and ask students to summarize the meaning of the word Justice in the top box.
Direct their attention to the left-hand column, to the words Distribute, Procedure, and Correct. Ask them to write what they think each word means in the appropriate box.
Then allow students to look up the definitions of the three words, or post the dictionary definitions for their use. Tell them to correct and/or complete their summaries in each box.
Distribute: Verb. To give shares of something, to deal out.
Procedure: Noun. An established or official way of doing something.
Correct: Adjective. Free from error. Verb. To put right or fix an error.
Explain that now they are to combine these to determine the meaning of 3 traditionally accepted types of justice and write their thoughts in the boxes on the right-hand side. Allow time for them to write something in all 3 boxes.
Distributive Justice: Benefits and burdens in society are distributed fairly and shared equally. Everyone gets their fair share.
Procedural Justice: The process for solving disputes and making decisions is fair for everyone. Everyone gets treated fairly and equally by the system.
Corrective Justice: If one person commits an injustice, another person (or society) therefore suffers an injustice. Corrective justice involves making this situation equal again by somehow righting the wrong.
Conclusion, part 1: Summarize and check for understanding. Explain that the next activity will take a closer look at Corrective Justice, with a focus on the criminal justice system.
Review the concept of Corrective Justice, which is concerned with righting wrongs.
Lead students in a discussion covering the following points:
Retribution – What do you think this means? – Administer punishment and revenge.
Incapacitation – What do you think this means?(Protect the community by making it impossible for the offender to continue committing the crime)
Deterrence – What do you think this means? (Deter or discourage the offender from committing the crime again AND deter or discourage others from attempting similar crimes)
Rehabilitation – What do you think this means? (Helping the offender to change their attitudes and behaviors so they will no longer commit the crime, but rather will contribute as a positive member of society)
Distribute B – “Focus on Criminal Justice” and explain that it lists some of the most common forms of legal action resulting from crimes. Point out that the purposes and other considerations you discussed are listed at the bottom.
Divide the class into 10 groups and assign each group one topic. They are to meet with their group, discuss the topic, answer the questions on the reverse side of the worksheet, and prepare to report back to the class. Allow groups to work for 15 minutes.
At the end of 15 minutes, instruct students to return to the front of their worksheet. One at a time, call on groups to report on their topic. The rest of the class should write down the main points in the chart.
When this is complete, instruct students to go back through and identify which are purely punishment, and which go beyond punishment to focus on the needs of the victims, offenders, and the community.
Conclusion, part 2: Summarize and end with these thought questions: What might be the consequences or results of a system that only administers punishment when trying to attain justice? What are some unintended consequences of punishment? Is true justice attained by punishing only?
Begin by posing the thought questions from the previous activity. What might be the consequences or results of a system that only administers punishment when trying to attain justice? What are some unintended consequences of punishment? Is true justice attained by punishing only? Example answers:
Review the idea from the previous activity that our criminal justice system includes other types of legal action in response to crime, in addition to punishment.
Introduce the term Restorative Justice. Restoration literally means putting things back as they were. In application, Restorative Justice focuses on the needs of victims, offenders, and the community.
Ask students to write down a few ideas about the following problem. Allow 5 minutes.
Ask for responses and discuss the various suggestions and ideas for pros and cons.
Explain that law enforcement and the court system at both the federal and state levels have introduced valuable partnerships, generally called Problem-Solving Courts. These “courts” are intense programs designed to either offer an alternative to imprisonment or assist with successful re-entry following release from prison.
Each problem-solving court usually deals with only one kind of offense or offender. Among the most common is some type of Drug Court. Drug Courts vary from court to court, but all assist offenders to break their substance addiction, in hopes of preventing them from re-offending.
Each student will work with a partner to complete the following activity. Once they have selected their partner, give one student C – “Problem Solving Court Fact Sheet.” Give the other student D – “Drug Court Fact Sheet.”
They are to read their fact sheet individually and prepare a list of (at least 3) main points to use to explain it to their partner. Allow 10 minutes for students to read and prepare a list of main points.
Allow 5 minutes for the first student of each pair to explain problem solving courts to their partner. The partner should ask at least one question.
Allow 5 minutes for the second student of each pair to explain drug courts to their partner. The partner should ask at least one question.
Conclusion, part 3: Use volunteers to summarize and check for understanding.
OPTIONAL EXTENSIONS:
Instruct students to explore the section about punishment on the Judicial Learning Center’s website at https://judiciallearningcenter.org/your-day-in-court/ and follow the links to learn more about the United States Sentencing Guidelines.
Learn more about Drug Courts at http://www.nadcp.org/learn/all-rise. Watch videos and public service announcements.
Research another type of problem-solving court aside from drug court. Examples include DWI court, youth court, mental health court, veteran court, gang court, family court, fathering court, community court, etc.
Propose a problem-solving court for your school. What types of offenses would it target? Would it emphasize prevention, alternative to other punishments, or working with offenders after they’ve already been punished? Write out a plan to propose to the school, with your expected results.
Instruct students to learn more about U.S. Probation Officers and their role in the administration of justice. Start at the Judicial Learning Center’s webpage on The Players in the Courtroom: https://judiciallearningcenter.org/the-players-in-the-courtroom/ and follow the link found under “U.S. Pretrial Services and Probation.”
Review the Guiding Questions
How is jury duty both a right and responsibility of citizenship? Students will explore the American jury system through founding documents and modern materials prepared for jurors today.
2-3 class periods
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After completing this activity, students will:
This lesson provides some suggestions for using The Federalist Papers that apply to the creation of the judiciary. Since the reading level of these essays is quite high, and the essay suggestions all involve reading one or more of The Federalist Papers, this activity will be quite challenging for most students.
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2 class periods, with time outside of class to write essays
This series of primary source activities will require students to read and analyze The Federalist Papers. After doing this assignment students will:
Most of these activities are essay or discussion prompts. They could be edited to provide the foundation for a class debate, be used for assigning essays, or for general classroom discussion to tie a unit on the courts back to the Constitution. You’ll notice some of the arguments to which Hamilton was responding are still relevant today, such as those on the topic of judicial independence, judicial activism, and judicial review.
See the Teacher Fact Sheet for additional guidance on using the following activities with students.
After completing one or more of these assignments, student should be able to answer the following:
For this activity, students will read and summarize Essay #78. They will be asked to use the 3 introductory points made by Hamilton to structure the summary. This will call on students to read and analyze the information, looking for relevant details under each point. Distribute A: Small Group, Read and Summarize Activity on The Federalist Papers.
Students might work alone or in groups, or begin alone then be asked to compare their responses with a partner or small group.
The following essay prompts can be used to assign students an essay that asks them to read, analyze, and formulate an argument on an element from The Federalist Papers.
Students will need copies of The Federalist Papers, or should be provided with the links to find them online:
Feel free to cut and paste the prompts into your own document, or onto your own web page so that you can add or remove elements. You may want to add essay guidelines that reflect your own writing and typing guidelines, or perhaps a grading rubric.
As an alternate assignment, the prompts could be used as a classroom discussion starters or debate questions.
Provide students with the appropriate document and prompt, and allow them time to read and reflect on the answers, then discuss or debate student responses in class.
The Constitution does not directly give the federal courts the power of judicial review. This power was first used by the court in 1803 in the case of Marbury v. Madison.
However, in Federalist #78 Hamilton refers to the process when he states: “Some perplexity respecting the rights of the courts to pronounce legislative acts void, because contrary to the Constitution, has arisen from an imagination that the doctrine would imply a superiority of the judiciary to the legislative power.”
Read Federalist #78. Then, in a formal essay, describe Hamilton’s argument in SUPPORT of the power of judicial review. Be sure to:
In the course of making his arguments in Federalist #78, Hamilton notes that “. . . the judiciary is beyond comparison the weakest of the three departments of power. . .” and that as such it can “never attack with success either of the other two.”
After reading Federalist #78, write a formal essay in which you explain the reasons that Hamilton gave in support of his claims above.
In Federalist #78, Hamilton notes that one of the “weighty reasons” for the life term of federal judges is the “nature of the qualifications they require.” He goes on to explain that they must know a “voluminous code of laws.” He asserts that to “avoid an arbitrary discretion in the courts it is indispensable that they should be bound down by strict rules and precedents which serve to define and point out their duty in every particular case . . .”
In a formal essay, reflect on Hamilton’s words above and the subsequent argument he makes in Federalist #78. Then formulate an argument that considers the following questions:
In writing Federalist #79, Alexander Hamilton discusses the compensation of federal judges. After reading Federalist #79, write a formal essay in which you describe Hamilton’s argument for:
Students will use the Judicial Learning Center website to identify rights that are found in the Bill of Rights. They will use the answers to solve the puzzle in this activity.
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1 class period
After completing this activity, students will:
Place students into groups of 2, 3, or 4 depending on your class size and access to devices.
Instruct students to navigate their internet browsers to the page they will use: https://judiciallearningcenter.org/the-constitution-and-rights/
Distribute copies of A: Do You Know Your Bill of Rights?
Allow time to complete.
Go over the answers with the class. Ask these follow up questions:
In this two-part activity, students use primary source material to compare qualifications for holding public office and assess the qualities that make a good judge. Part 1 asks students to reflect on the constitutional requirements for holding a position in the legislative, executive and judicial branches. The activity will help students to compare the qualifications given in Article I and Article II of the U.S. Constitution for members of the legislative and executive branches, while noting the lack of such qualifications in Article III, and for the courts. Students are asked to consider what qualifications they might seek in a federal judge if they were president.
Part 2 asks students to write a “help wanted” advertisement for the United States Supreme Court. Students are asked to reflect on the qualities and skills that they think a Justice of the Supreme Court should have as they create their advertisement.
2 class periods
A – Comparing Constitutional Qualifications
B – “Help Wanted” at the Supreme Court
After completing this activity, students will:
Distribute the first handout and lead a discussion on the qualification of office for the legislative and executive branches, listed in Article I and Article II of the Constitution.
If time allows, you may direct students to review the related Student Center web pages:
Talking points:
Article I tells us that members of the House of Representatives must:
Article I tells us that members of the Senate must:
Article II tells us that the President must:
Remind student that these are taken directly from the U.S. Constitution. To provoke thought, you might ask them:
Remind students that Article III states:
“The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.”
After this brief discussion, direct students to the bottom of the handout to complete the chart. They should identify some job qualifications for federal judges. This could be done individually, or in small groups.
Conclusion of Part 1. Have some students share their suggestions and discuss. Use some or all of the following questions to bring students back into the whole group setting, and to wrap things up:
After completing Part 1, transition to Part 2 by asking students:
Search for sample “Help Wanted” ads to display for your class.
Have students answer some basic questions about these ads:
Distribute the handout for Part 2. Ask students to think about creating a “Help Wanted” advertisement for a Supreme Court Justice. You may want to allow them to brainstorm for a few minutes or to work in groups so that they can bounce ideas off of one another.
Give students markers or colored pencils, and have each student or group create an ad to hand in. Allow time to work.
Conclusion of Part 2
Collect and share examples with the class. After students have shared their advertisements, use the following questions to guide a brief discussion and wrap up.
Visit the Student Center and Educator Center pages on “The Role of the Federal Courts.” Complete the lesson plan Separation of Powers/Qualifications of Office.
