The American Legal System
“We have a responsibility. This is a remarkable thing about democracy…That we are notified by mail to come down to this place and decide on the guilt or innocence of a man we have not known before. We have nothing to gain or lose by our verdict. This is one of the reasons why we are strong. We should not make it a personal thing.” -Juror 11 from the movie "12 Angry Men"
"Representative government and trial by jury are the heart and lungs of liberty." - John Adams
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury," Amendment 6 of the U.S. Constitution
"'Justice is done when the guilty are convicted and those who are innocent are found not guilty.' Those words rang in me probably my entire legal career. One of the greatest callings of being a prosecutor is that to do justice, it’s not merely to convict people, it is to investigate until you’re sure that you’re prosecuting a person you believe to be guilty. I would tell my jury that their job was to evaluate the evidence and let the evidence take them to their result, ” - Supreme Court Justice Sonia Sotomayor
"Representative government and trial by jury are the heart and lungs of liberty." - John Adams
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury," Amendment 6 of the U.S. Constitution
"'Justice is done when the guilty are convicted and those who are innocent are found not guilty.' Those words rang in me probably my entire legal career. One of the greatest callings of being a prosecutor is that to do justice, it’s not merely to convict people, it is to investigate until you’re sure that you’re prosecuting a person you believe to be guilty. I would tell my jury that their job was to evaluate the evidence and let the evidence take them to their result, ” - Supreme Court Justice Sonia Sotomayor
|
Learning Goal:
The student will be able to recognize different types and sources of law and understand the trial process and the role of juries in the administration of justice. |
BENCHMARKS:
SS.7.C.3.10 Content Complexity: Level 1/Recall and Reproduction Identify sources and types (civil, criminal, constitutional, and military) of law. SS.7.C.2.6 Content Complexity: Level 2/Skills and Concepts Simulate the trial process and the role of juries in the administration of justice. SS.7.C.2.5 Content Complexity: Level 3/Strategic Thinking-Reasoning Distinguish how the Constitution safeguards and limits individual rights. SS.7.C.3.11 Content Complexity: Level 2/Skills and Concepts Diagram the levels, functions, and powers of courts at the state and federal levels. |
Introduction: Trump's People's Court
|
Think about the question below as you watch and be prepared to discuss afterward:
|
| ||
Task 1: Types of Law
By now, our knowledge of the Judicial Branch should include an understanding of how it is organized (trial, appellate, and supreme courts). We should also know that the Supreme Court is the head of the Judicial Branch. We've learned about really important Supreme Court Cases that have impacted how we interpret our Constitution.
Today we'll be learning about the different TYPES of law. The terms Civil law and Criminal law should be familiar to you by now. We'll learn about a few more today.
Today we'll be learning about the different TYPES of law. The terms Civil law and Criminal law should be familiar to you by now. We'll learn about a few more today.
To clarify...you will need to do ALL SIX types of law for your work. HOWEVER, CASE LAW is difficult to grasp for many, so I will tell you that Scenario 2 below is about Case Law.
Directions: Each table/group will represent a "station." There are 6 stations around the room with information about different types of law. Each table/group will start at their own station and make the graphic organizer (below) on your paper. You will have 10 minutes to read about your type of law and fill in the box for that station. Each box on the graphic organizer should have a short definition/summary, an example of the type of law at your station with a cartoon, and a summary of a scenario that matches up with the type of law.
When time is up at the first station, number 2's and 4's at each table will rotate over one table. Number 2's and 4's will teach the number 1's and 3's at the next table about their type of law, help them write a short definition, give them an example and a cartoon they could draw if help is needed, and quiz them to see if they can identify the correct scenario. Number 1's and 3's at each table will then do the exact same thing for the 2's and 4's. We will repeat this process until Number 2's and 4's are back at their table. At that point, everyone should have completed their graphic organizer.
Directions: Each table/group will represent a "station." There are 6 stations around the room with information about different types of law. Each table/group will start at their own station and make the graphic organizer (below) on your paper. You will have 10 minutes to read about your type of law and fill in the box for that station. Each box on the graphic organizer should have a short definition/summary, an example of the type of law at your station with a cartoon, and a summary of a scenario that matches up with the type of law.
When time is up at the first station, number 2's and 4's at each table will rotate over one table. Number 2's and 4's will teach the number 1's and 3's at the next table about their type of law, help them write a short definition, give them an example and a cartoon they could draw if help is needed, and quiz them to see if they can identify the correct scenario. Number 1's and 3's at each table will then do the exact same thing for the 2's and 4's. We will repeat this process until Number 2's and 4's are back at their table. At that point, everyone should have completed their graphic organizer.
|
| ||||||||||||||||||||
Task 2: Types of Law in News and Civics History
Directions: Read each news article below and write a 2-3 sentence summary explaining why each story matches up with a type of law.
|
| ||||||||||||||
Task 3: James Bond in a Honda
Introduction
Introduction
Now that we've learned about the different types of law, today we'll learn how the trial process works with a sample case from the past. You don't have to write/type an answer to the next 4 questions, but think about them before moving on.
1. What is a copyright?
2. What kinds of things can be copyrighted?
3. Who would actually be in the courtroom during a copyright case?
4. What type of law would best with a copyright case?
THE FOLLOWING VIDEOS refer to civil disputes over ownership of music and will help you get an understanding of the civil case we will be learning about today.
Now that we've learned about the different types of law, today we'll learn how the trial process works with a sample case from the past. You don't have to write/type an answer to the next 4 questions, but think about them before moving on.
1. What is a copyright?
2. What kinds of things can be copyrighted?
3. Who would actually be in the courtroom during a copyright case?
4. What type of law would best with a copyright case?
THE FOLLOWING VIDEOS refer to civil disputes over ownership of music and will help you get an understanding of the civil case we will be learning about today.
|
|
|
Part A: The Trial
|
As a class, we will read through the trial transcript of a Civil case. (transcript attached below) Students will be assigned roles during the reading.
|
| ||
Part B: Review Trial Parts
The plaintiff is the party that makes a complaint against another party, the defendant.
A. Fill in the blanks in the picture below AND match up the parts of the trial that follow to show you understand the key players and issues in this case. (TO REVIEW...this is an example of a CIVIL case that went to the first level of the U.S. Court system. The DISTRICT COURT heard the case because CONGRESS can make Copyright laws, so this is a FEDERAL/NATIONAL/US issue.)
A. Fill in the blanks in the picture below AND match up the parts of the trial that follow to show you understand the key players and issues in this case. (TO REVIEW...this is an example of a CIVIL case that went to the first level of the U.S. Court system. The DISTRICT COURT heard the case because CONGRESS can make Copyright laws, so this is a FEDERAL/NATIONAL/US issue.)
|
1. Opening Statement
2. Direct Examination 3. Cross Examination 4. Re-direct Examination 5. Closing Statement 6. Jury Deliberation 7. Verdict |
A. The lawyer who called the witness asks the witness the first set of questions.
B. The lawyer sums up the evidence for the jury and asks the jury to rule in his or her client’s favor. C. The lawyer who called the witness asks the witness questions in order to counter the cross-examination. D. The lawyer tells the jury what the case is about and what the evidence will show. E. The lawyer who did not call the witness asks the witness questions in order to point out weaknesses in the witness’s testimony. F. The jury looks over the evidence from the case. G. The jury's decision in the case. |
Part C: Jury Deliberation
|
1. I will pass out pieces of evidence from the case that your group will read through. You must FIRST decide...Did Honda copy James Bond? I will then record each group's decision.
2.With your group, read through the "Jury Instructions" attached to the right. 3. Did Honda have "Fair Use" of the James Bond franchise? 4. I will pass out a Verdict card to each group where you will record your findings. When you are finished, bring your Verdict cards to the front of the room and we'll find out what the Jury decided in this case. |
| ||||||
Part D: Being on a REAL jury
1. Read the following article: MGM sues again over James Bond
What is your opinion on the article?
What is your opinion on the article?
| MGM sues over James Bond |
|
2. Click on the image to the right and answer the following questions:
What are some reasons for a lawyer to 'challenge' the selection of a juror? |
|
Task 4: 12 Angry Men
|
CLICK HERE to read about the Jury Selection process. This information is essential in understanding some of the bigger issues in this film.
We will pause after about 10 minutes to answer questions 1-4 1. What type of law is portrayed in this film? 2. What part of the trial process does the movie start in? 3. What do all of the 12 jurors have in common? 4. What does this (what they have in common) tell us about the time period in which this film was made? 5. Which Constitutional amendments and Supreme Court cases might relate to some of the issues in this movie from the questions above?
|
| ||||
6. What is the actual job of the jury in the film? (What do they have to decide, and how must they do it?)
We will pause periodically to discuss the following questions:
7. What are some of the key pieces of evidence considered by the jurors?
8. What does the film suggest about eyewitness testimony? What are your own opinions on eyewitness testimony?
9. What is “reasonable doubt” and why is it so important in a criminal trial?
10. What are some examples of juror bias found in the film?
We will discuss the following questions AFTER the movie is over. PICK ONE question below to write a response for:
A. Was there anything about the movie that surprised you? Explain why or why not.
B. Why is the job of a juror so important?
C. Would you want to serve on a jury? Why or why not?
We will pause periodically to discuss the following questions:
7. What are some of the key pieces of evidence considered by the jurors?
8. What does the film suggest about eyewitness testimony? What are your own opinions on eyewitness testimony?
9. What is “reasonable doubt” and why is it so important in a criminal trial?
10. What are some examples of juror bias found in the film?
We will discuss the following questions AFTER the movie is over. PICK ONE question below to write a response for:
A. Was there anything about the movie that surprised you? Explain why or why not.
B. Why is the job of a juror so important?
C. Would you want to serve on a jury? Why or why not?
Task 5: The Legacy of 12 Angry Men
Part 1
|
CLICK HERE (or on the document above) to read an article about the impact of 12 Angry Men the movie, then answer the following questions:
1. Explain how Sonia Sotomayor was impacted by 12 angry men with pieces of evidence from the article. 2. What is your opinion about the movie? Did it have an impact on you? Explain why or why not. 3. Should all jurors be required to watch the movie? Why or why not? 4. Could the movie be used for other educational purposes? Why or why not? | ||
Part 2
|
Step 1-Predict: If 12 angry men was remade in modern times, how do you think it would be different? Explain using your knowledge of civics throughout the year.
Step 2: Read the attached file titled "12 Angry Men remake" and then compare and contrast your prediction with the actual remake in 1997. What does the original writer of 12 Angry Men say is the main idea of the film? |
| ||
Part 3
|
Answer the following questions after reading the "Vanity Fair Article."
1. What kind of bias appears in this article? (liberal or conservative) How do you know? Use evidence. 2. Who does this article criticize using 12 Angry Men the film as an example? Use evidence to point out particular arguments against this person. 3. Do you agree or disagree with this article? Explain why. | ||
iCivics Practice
Directions:
When you're done playing, pick one case and summarize its significance. Then answer the following question: How is the trial process different at the Supreme Court level than in other courtrooms? |
Directions:
When you're done playing, summarize your experience with the jury process in a minimum one paragraph response. |
