What’s Wrong with this Court?

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.

Corresponding Student Center Pages   

• About Federal Judges 
• Judicial Independence 

Suggested Time Needed  

2 class periods 

• Materials
• Objectives & Standards
• Procedure

• • A: Understanding Judicial Independence 
  • B: What’s Wrong with this Court?  

• After completing this activity, students will: 

  • Understand the factors that guarantee the judicial branch’s independence. 
  • Apply the knowledge they have gained about the court process and judicial ethics to pick out inaccurate information.   
  • Have a greater understanding of the judicial process in general. 
  • Have a deeper understand of the reasons for some processes and procedures and recognize how they are related to judicial independence. 

   

  Guiding Questions   

  • What is in place to guarantee that judges are free from public opinion? 
  • What safeguards the independence of the judiciary from the president and Congress? 
  • How might the court system be different if judges were not independent from public opinion, or from the other two branches of government? 
  • How is the idea that the judiciary is independent related to the concept of “separation of powers”? 
  • What does it mean that judges are bound by the “rule of law, not of man”? 
  • How does the independence of the judiciary, and the judicial code of ethics, provide for all people to be treated equally and fairly before the court? 

   

  Missouri Grade Level and Course Level Expectations  

  • 9-12.GV.3.GS.D – Describe and give examples of how the constitutional principle of checks and balances limits the powers of government and leaders. 
  • 9-12.GV.4.GS.C – Compare the various processes pertaining to the selection of political leaders at the federal, state, and local level. 

• 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: 

  • Judicial independence is a core concept of the American judicial system. 
  • The courts and judges are independent from public opinion because they are not elected. 
  • The courts and judges are independent from the other two branches because they can’t be fired in times of good behavior, and their salary can’t be reduced by the president or Congress.   
  • Because the courts and judges are independent, they are free to make decisions according to the law, even if those decisions might be unpopular. 
  • Federal judges are bound by the law, and by a strict code of ethics, which provides guidance for judges in maintaining their independence. 

   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.   

  Conclusion

  Ask students to share their thoughts on the following: 

  • What exactly is judicial independence? 
  • How does judicial independence provide for all to be treated equally and fairly by the court? 

  Review the Guiding Questions 

  • What is in place to guarantee that judges are free from public opinion? 
  • What safeguards the independence of the judiciary from the president and Congress? 
  • How might the court system be different if judges were not independent from public opinion, or from the other two branches of government? 
  • How is the idea that the judiciary is independent related to the concept of “separation of powers”? 
  • What does it mean that judges are bound by the “rule of law, not of man”? 
  • How does the independence of the judiciary, and the judicial code of ethics, provide for all people to be treated equally and fairly before the court?