Saturday, April 27, 2013

Doninger v. Niehoff, et al (2d Cir. 2008) Moot Court Activity



Doninger v. Niehoff, et al (2d Cir. 2008)
                                                                          

Facts of the Case
This case comes from Lewis Mills High School, in the Connecticut Region #10 School District. Administrators barred a Connecticut high school student from running in a student election after the student criticized administrators online for their handling of a student festival. In the spring of 2007, Jamfest, a yearly music festival at a Connecticut high school, experienced a series of planning setbacks that threatened to postpone or cancel the event. When Avery Doninger – a junior and incumbent class secretary – was unable to meet with the school's principal, Karissa Niehoff, to talk about the event she and three other students sent a mass e-mail asking members of the community to speak to administrators about putting the event back on schedule. Doninger and Niehoff later had a discussion in the hallway, during which she says Niehoff informed her that the event had been cancelled.
That night, Doninger wrote a Livejournal blog post criticizing the school officials' handling of the issue. In the post, she called the school officials “douchebags” and asked her fellow students and their parents to complain to school superintendent Schwartz in order “to piss [Schwartz] off more” than the mass e-mail had.
In response to her blog post, the school barred Doninger from running for reelection as Class Secretary for her senior year. At the class election, school officials prevented a group of students from wearing “Team Avery” t-shirts. According to school principal Niehoff, the t-shirt ban was intended to prevent electioneering by candidates and supporters who could afford such merchandise.
Questions to Consider
1.      Did the school district violate the First Amendment rights of Avery Doninger, when they forbade her to run for student office, because of her offensive vulgar language?
2.      Did the Connecticut District make the wrong judgment when they ruled in favor of the school district?




Issues for Avery Doninger
1.      This action violates free speech

2.      The blog post was not written in school, it was written at home

3.      The district court erroneously concluded that the defendants did not violate plaintiff’s daughter’s first amendment rights, after she posted comments on a public internet website from her home. Because this was not “school speech” the defendants acted without authority by punishing for her protected speech.

4.      Even if the posting to the internet were to be treated as “school speech,” the defendants violated Avery’s first amendment rights because her speech contained a political message that neither caused, nor was likely to cause, substantial disruption to the educational process.

5.      The Connecticut Constitution’s protections for free speech are broader than those contained in the first amendment, and would prohibit the censorship of student expression that occurred here.

6.       The plaintiff’s daughter was treated differently than other similarly situated student leaders and sanctioned because the school principal disagreed with the constitutionally protected political message that she posted on a public internet website, in violation of the equal protection clause of the fourteenth amendment.


(Note: The Fourteenth Amendment made the Bill of Right Applicable to the States)






Issues supporting Karissa Niehoff and Paula Swartz
1.      Just because this blog was written off campus, it was about the school, so thus it has become a school issue
2.      This speech has caused disruption, and schools may banish speech that is disruptive to school
3.      In accordance with 106 S. Ct 3159 educators are permitted to exercise editorial control over school-sponsored activities, such as school publications and or theatrical productions, as long as their actions are reasonably related to legitimate pedagogical concerns (does this damage the learning atmosphere of the students)
4.      The Supreme Court has determined that public schools may take steps to safeguard those entrusted to their care from speech that can unreasonably harm the educational process
5.      The school has not retaliated by suspending or expelling the student, the school has just taken away the “privilege” for running for a student leadership position












Issues for the Judge to consider
A government official is protected by qualified immunity if his or her “conduct did not violate a clearly established constitutional right or if it was objectively reasonable for the [official] to believe that his conduct did not violate such a right.” A right is “clearly established,” Livingston continued, if it is “defined with reasonable clarity,” recognized by the U.S. Supreme Court or the 2nd Circuit, and “a reasonable defendant would have understood that his conduct was unlawful.”
Finding that Niehoff and Schwartz were entitled to a claim of qualified immunity in refusing to allow students to wear them. “We agree that a reasonable fact-finder could conclude that Defendants were mistaken in assessing the likely impact of the t-shirts and thus the permissibility of prohibiting them pursuant to Tinker,” Livingston wrote, “however, we conclude that any such mistake was reasonable.” Because the administrators’ decision was reasonable, qualified immunity should be extended, the court ruled. “The law governing restrictions on student speech can be difficult and confusing, even for lawyers, law professors, and judges,” Livingston wrote, adding, “‘School principals,’ as the Supreme Court has recently noted, ‘have a difficult job.

1.      Is it true that, if students, or staff brought up the blog post in school, does it mean that, this is now an issue brought unto school grounds?
2.      So am I protected by free speech, if I go a crowded public place and falsely yell BOMB causing a panic?
3.      Counsel given how busy courts are and everything we decide, why should we bother to hear this case, of basically a high school student not getting their way?
4.      When the Founding Fathers wrote the First Amendment, could they have been thinking of blogs such as these?
5.      What about a blog saying vulgar things about Taylor Swif.t that could be accessed from the school library computers?




CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

U.S. Constitution, Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or right of the people to peaceably to assemble, and to petition the Government for a redress of grievances.

U.S. Constitution, Amendment XIV (14), Section 1
All persons born or naturalized in the United States and subject to the jurisdiction therof,
are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Conn. Const. Art. I, § 4
Every citizen may freely speak, write and publish his sentiments on all subjects,
being responsible for the abuse of that liberty.

Conn. Const. Art. I, § 5
No law shall ever be passed to curtail or restrain the liberty of speech or of the press.

Conn. Const. Art. I, § 14
The citizens have a right, in a peaceable manner, to assemble for their common good,
and to apply to those invested with the powers of government, for redress of grievances, or other proper purposes, by petition, address or remonstrance.

Title 42 U.S.C. § 1983. Civil action for deprivation or rights.
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory of the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, . . .



Roles
Petitioner: Avery Doninger  
·         Head Counsel: facilitates and argues the case
·         Lawyer: argues the case
·         Paralegal: Prepares the case
·         Paralegal: Prepares the case
Respondent: Karissa Niehoff et al. (Region 10 School District)
·         General Counsel: facilitates and argues the case
·         Lawyer: facilitates and argues the case  
·         Paralegal: prepares the case
·         Paralegal: prepares the case
Amicus Curiae “Friend of the Court” (2 Amicus)
·         These people can also argue in favor of Doninger or Niehoff
Marshal of the Court
·         Head Law Enforcement Official of the Court
·         To call the court into order
·         Keep the time
·         Each party has a total of 5 five minutes

Time Allotment (14 Minutes Total)
·         Each party is allotted five minutes of oral argument
·         Doninger goes first- 5 minutes
·         Niehoff goes second- 5 minutes
·         Amicus has a minute each (2)
·         Doninger has the rebuttal for 2 minutes (Doninger’s Amicus can argue during this time)

Judicial Branch Unit Plan



United States Government and Politics Lesson Plan

Unit 5 The Judicial Branch             
Teacher(s): Andrew Sellars
Grade Level: Twelfth Grade
Subject Area: American Government Civics
Content Focus: The Judicial Branch – The National Judiciary

(A)     Relevant State and National Content Standards

National: National Standards for Social Studies Teachers
               State of Connecticut:
                                                            Connecticut Social Studies Framework

Standard I: Content Knowledge
   Knowledge of concepts, themes, and information from history and social studies is necessary to promote understanding of our nation and our world.

Standard II: History/Social Studies Literacy Skills
   Competence in literacy, inquiry and research skills necessary to analyze, evaluate and present history and social studies information.

Standard III: Civic Engagement
   Civic competence in analyzing historical issues and current problems requires the synthesis of information, skills and perspective.


                                                Common Core State Standards with English Language                            Arts and Social Studies

.

 (B)  Learners’ Background
·         Students know that there are three branches of government
·         Students know the difference between state, local, and federal government 
·         Students know and understand that the United States Constitution is the Supreme Law of the Land
·         Students have studied the Executive Branch, and the qualifications of members of the Executive Branch, and the powers granted to the Branch thereof.
           
 (C)  Student Learning Objective (SWBAT- Students Will Be Able To)
·         95% of the Students will be introduced to the Federal Court System and examine the roles of the federal courts                                                                                                         
·         85% of the Students will be able to identify the criteria that determine whether a case is within the jurisdiction of a federal court, and compare the types of federal court jurisdiction
                                                                                                                                                                                                                                                                                                        
 (D)  Materials & Teacher-developed Resources

Textbook
1.      Magruders American Government textbook

Websites

Software
3.      Keep It Current CD-ROM
a.       Includes government related projects by unit
4.       Social Studies Skills Tutor
a.       Provides interactive practice in geographic literacy, critical thinking and reading, visual analysis, and communications

Videos
5.      Magruder’s American Government Video Collection: chapter by chapter video selections- purpose of this is to give an introduction of the chapter

Equipment
6.      DVD/VCR
7.      Projector
8.      Computer

Other materials
9.      Extra writing utensils
10.  Extra paper
11.  Extra books
           
 (E)  Learning Activities (Teaching and Learning Strategies with an Approximate  
        Timeline)           

(1)   Initiation

In this initiation sequence we will be introducing the Unit on the Judicial Branch. With that we will begin on the focus activity by writing this quote on the board.

Our Constitution was not written in the sands to be washed away by each wave of new judges blown in by each successive political wind. – Justice Hugo L. Black (1970)

After students analyze this the class will then consider the following questions dealing with the quotation. These questions will springboard us to a general class discussion about students’ view of the Judicial Branch.

1.      How does Justice Black view the role of the Judiciary in interpreting the Constitution?
2.      Do you agree with the statement? Why or why not?
                       
(2)   Development

Classroom Organization/Grouping Patterns
The organization of the classroom is shaped like a horse-shoe. This way it is easier to facilitate debate and discussion. When there is a test going on desks can be easily moved for student privacy.



Student Learning Activities (Note: List the sequence of student activities and forms of class participation.)

1.      First students will come in and prepare for their “Do Now” asking them to explain why the Constitution created a national judiciary, and describe its structure.
2.      Check the guided practice for students

                        Teacher Modeling Behaviors

1.      The teacher will write the objectives of the board
2.      The teacher will write the quote from Justice Hugo Black on the Board
3.      The teacher will facilitate the discussion by asking questions from the questions that promote student learning by asking questions from the questions that promote students learning
4.      Teacher will begin the reading, and go around the horse shape room (this way students do not feel that they are being “picked on”)
5.      The teacher will facilitate instruction by leading class activities and encouraging discussion amongst students

                        Guided Practice for Students

  1. Students will come in and begin to work on their “Do Now”
  2. As a class we will begin and finish reading Section One the National Judiciary
  3. Then we will have a discussion according to the questions that promote student learning
  4. We will then move unto the closure activity
  5. If there is time left in the period students will begin their homework
  6. The students will outline the process for appointing federal judges
  7. List the terms of office for federal judges and explain how their salary is determined





                        Questions to Promote Learning and Studying

  1. Why was there a need to create the National Judiciary?
  2. What does it mean by the “dual court system?”
  3. What is the difference between the Article I and the Article III Courts under the United States Constitution?
  4. How does the Courts determine the jurisdiction of a case?
  5. What are the four types of jurisdiction under the National Jurisdiction?
  6. Why do you think some judgeships are for life while others are only for fifteen years?
  7. What are the various Court officers and what are their roles?

            (3)  Closure
  • Remind students that the National Judiciary has two types of courts.
  • Have students make a table showing the differences between the functions of the courts and the judges who sit on them 

1.      Homework
  • Students will complete the Section 1 Assessment questions 1-6
  • In preparation for the next lesson students will read pages 512-515 on The Inferior Courts

(5) Independent Work (optional)



 (F)  Evaluation of Student Learning
To test what students have learned in their classroom instruction, they will receive a quiz on this section.

 (G)  Modifications for Individuals Needing Differentiated Instruction

1.      Students with needs of accommodations will receive extra time on a quiz or test
2.      If there is a student who has a physical disability students will have easy access around the classroom
3.      Students who may have ADHD will have more hands on activities, and perhaps may be my classroom helper, will have the option of taking walks around the hall to calm down  if needed
4.      If needed students will have the test read to them by either the teacher or the co-teacher

 (H)  Teacher Reflection
Write a reflection about the students' potential learning and your evaluation of this lesson (or about the students’ actual learning and your evaluation if you teach it).



United States Government and Politics Lesson Plan

Unit 5 The Judicial Branch             
Teacher(s): Andrew Sellars
Grade Level: Twelfth  Grade
Subject Area: American Government Civics
Content Focus: The Judicial Branch – The Inferior Courts

(B)      Relevant State and National Content Standards

National: National Standards for Social Studies Teachers
              
State of Connecticut:
                                                            Connecticut Social Studies Framework

Standard I: Content Knowledge
   Knowledge of concepts, themes, and information from history and social studies is necessary to promote understanding of our nation and our world.

Standard II: History/Social Studies Literacy Skills
   Competence in literacy, inquiry and research skills necessary to analyze, evaluate and present history and social studies information.

Standard III: Civic Engagement
   Civic competence in analyzing historical issues and current problems requires the synthesis of information, skills and perspective.
                                                                                                                                                                                             

(C)     Learners’ Background

  • The students were introduced to the Federal Court system
  • The Students were able to identify the criteria that determine whether a case is within the jurisdiction of a federal court, and compare the types of federal court jurisdiction

           
 (C)  Student Learning Objective (SWBAT)
  • The students will be able to explain the jurisdiction of constitutional and legislative courts and
  •  The students will analyze the methods of selecting judges  




                                                                                                     
                                                 
                                                                                                                                                                                                                                                      
 (D)  Materials & Teacher-developed Resources

Textbook
12.  Magruders American Government textbook

Websites

Software
14.  Keep It Current CD-ROM
a.      Includes government related projects by unit
15.   Social Studies Skills Tutor
a.      Provides interactive practice in geographic literacy, critical thinking and reading, visual analysis, and communications

Videos
16.  Magruder’s American Government Video Collection: chapter by chapter video selections- purpose of this is to give an introduction of the chapter

Equipment
17.  DVD/VCR
18.  Projector
19.  Computer

Other materials
20.  Extra writing utensils
21.  Extra paper
22.  Extra books
           
 (E)  Learning Activities (Teaching and Learning Strategies with an Approximate  
        Timeline)           

(1)   Initiation

  • Students will be introduced with a video “How to Understand the American Judicial System” on YouTube http://www.youtube.com/watch?v=UDqc2it41-4
  • In this initiation sequence we will explain that the legislative courts deal with matters involving congressional powers. Constitutional courts handle federal and civil and criminal cases, appeals for such cases, and cases involving tariffs.
  • Make the point that federal judges are appointed with the advice and consent of the Senate.
  • Make the point that the President appoints the judges in the fashion that they do because they wish to have their own point of view reflected in the courts, both during and after their administration.
  • For the initiation activity ask the students of the pros and cons of lifetime appointments.
                       


(2) Development

Classroom Organization/Grouping Patterns

The organization of the classroom is shaped like a horse-shoe. This way it is easier to facilitate debate and discussion. When there is a test going on desks can be easily moved for student privacy.

Teacher Modeling Behaviors

6.      The teacher will write the question on the board “why was the baseball strike of 1994 and 1995 resolved in federal court, rather than state court?”After students attempt to answer this question, the teacher will give the answer that because the case involved interstate business and citizens of different states.
7.      The teacher will facilitate the discussion by asking questions from the questions that promote student learning by asking questions from the questions that promote students learning
8.      The teacher will facilitate instruction by leading class activities and encouraging discussion amongst students
                       
                        Guided Practice for Students

Cooperative Group Work Creating Criteria:
  • The students will review the criteria usually considered by presidents in making appointments to the federal bench.
  • The class will be organized into six groups
  • Tell the groups that they are charged with designing a system for improving the method of appointing federal judges
  • Have the groups brainstorm criteria for nominating federal judges and a procedure for presidents to follow to identify possible appointees.
  • Have the group representatives present their ideas to the class (in front of room)
  • One or more of the members from each group should make charts or other visuals to illustrate the presentation
  • The roles of the students will be the writer, researcher, representative, and facilitator

                        Questions to Promote Learning and Studying

  • In this section the students will be asked questions that will make them differentiate between the Constitutional Courts and the Legislative Courts
  • A man challenges the IRS ruling disallowing a deduction on this tax return, does it go to a legislative court or a tax court?

  • The man from the previous question loses his case and appeals does that go to a constitutional court or the court of appeals?
  • A woman is arrested for robbery in Washington D.C., does the case get referred to a legislative court, or the District of Columbia courts (i.e. The Superior Court of the District of Columbia)?
  • A man challenges a denial of a patent on an invention, does that go to a constitutional court or the court of appeals?

            (3)  Closure
                       
  • Call on volunteers to share their ideas for changing the way that Federal judges are appointed.
  • Write all ideas on the SmartBoard
  • Then discuss those ideas as a class

2.      Homework

  • Students will analyze the Primary Source on Choosing Federal Judges
  • Then they will answer the following questions
  • According to the author, how did the Founding Fathers feel about giving the President the power to appoint federal judges?
  • How does the nomination process reflect the principal of the separation of powers?
  • Many people believe that a judicial nominee should not be pressured to give his or her opinions on Constitutional issues before the nominee takes a seat as a judge. How would the author respond?

(5) Independent Work (optional)

 (F)  Evaluation of Student Learning

  • Assign the Section 2 review as an in class activity

 (G)  Modifications for Individuals Needing Differentiated Instruction

5.      Students with needs of accommodations will receive extra time on a quiz or test
6.      If there is a student who has a physical disability students will have easy access around the classroom
7.      Students who may have ADHD will have more hands on activities, and perhaps may be my classroom helper, will have the option of taking walks around the hall to calm down  if needed
8.      If needed students will have the test read to them by either the teacher or the co-teacher
 (H)  Teacher Reflection
Write a reflection about the students' potential learning and your evaluation of this lesson (or about the students’ actual learning and your evaluation if you teach it).

(I)                Supplemental Information (Lecture Notes)
a.       Although Presidents have the power to select federal judges, Congress can block these selections
b.      After the Presidential Election of 1996 President Bill Clinton had the power to fill more than half of all federal district court and court of appeals court posts of his choosing.
c.       The chairperson of the Senate Judiciary Committee Subcommittee of the Administrative and Oversight and the Court, however, blocked 92 judges Clinton had earlier nominated and held only a few hearings on many of the new jurists nominated by the President
d.      The federal district courts were created by Congress as trial courts for both civil and criminal cases
e.       In criminal cases, there are two types of juries: a grand jury, which hears charges against a person accused of a crime; and a petit or trial jury, which weighs the evidence presented in trial
f.       District Courts carry the main burden of the federal cases
g.      In the vast majority of cases, district court render the final decision
h.      Many appointed officials provide services for the District Court
i.        The 12 courts of appeals ease the appellate workload of the Supreme Court
j.        The courts of appeals may decide to uphold the original decision, reverse the decision, or send the case back to the original court to be tried again
k.      The Court of International Trade hears cases dealing with tariffs
























United States Government and Politics Lesson Plan

Unit 5 The Judicial Branch             
Teacher(s): Andrew Sellars
Grade Level: Twelfth Grade
Subject Area: American Government Civics
Content Focus: The Judicial Branch – The Special Courts

(A)     Relevant State and National Content Standards

National: National Standards for Social Studies Teachers
              
State of Connecticut:
                                                            Connecticut Social Studies Framework

Standard I: Content Knowledge
   Knowledge of concepts, themes, and information from history and social studies is necessary to promote understanding of our nation and our world.

Standard II: History/Social Studies Literacy Skills
   Competence in literacy, inquiry and research skills necessary to analyze, evaluate and present history and social studies information.

Standard III: Civic Engagement
   Civic competence in analyzing historical issues and current problems requires the synthesis of information, skills and perspective.


 (B)  Learners’ Background
·         Students have been introduced to the hierarcy of the Federal Court Systems
·         Students understand the principle of federalism between National and State Courts
·         Students have been introduced to the functions of the United States District Courts and the United States Circuit Courts of Appeals
           
 (C)  Student Learning Objective
                        The students will be able to…   
  1. Explain how a citizen may sue the government in the Federal Court of Claims, and what cases are brought to the Tax Court
  2. Examine the roles of the territorial court and the District of Columbia Courts
  3. Contrast the functions of the Court of Appeals for the Armed Forces and the Court of Appeals for Veterans Claims                                                                                                     
                                                                                                            

                                                                                                                                                                                           
 (D)  Materials & Teacher-developed Resources
Textbook
23.  Magruders American Government textbook

Websites

Software
25.  Keep It Current CD-ROM
a.      Includes government related projects by unit
26.   Social Studies Skills Tutor
a.      Provides interactive practice in geographic literacy, critical thinking and reading, visual analysis, and communications

Videos
27.  Magruder’s American Government Video Collection: chapter by chapter video selections- purpose of this is to give an introduction of the chapter

Equipment
28.  DVD/VCR
29.  Projector
30.  Computer

Other materials
31.  Extra writing utensils
32.  Extra paper
33.  Extra books
           
 (E)  Learning Activities (Teaching and Learning Strategies with an Approximate  
        Timeline)           

(1)   Initiation
·         Ask students what the difference is between a book about Mars and a set of encyclopedias
·         Elicit that the book has a very narrow scope relative to the encyclopedias (although it goes into greater depth about Mars)
·         Explain that in this section, students will read about the special courts, which have a very narrow scope, or jurisdiction, compared to the Constitutional Courts
           



           
(2)   Development

Classroom Organization/Grouping Patterns

The organization of the classroom is shaped like a horse-shoe. This way it is easier to facilitate debate and discussion. When there is a test going on desks can be easily moved for student privacy.

Student Learning Activities (Note: List the sequence of student activities and forms of class participation.)

1.      Students will begin work on their “Do Now” vocabulary builder by asking them what the difference between a civilian tribunal and a court-martial.
2.      Students will copy the objectives from the board
3.      Students will participate in the lecture and discussion

                        Teacher Modeling Behaviors

1.      The teacher will facilitate the discussion by asking questions from the questions that promote student learning by asking questions from the questions that promote students learning
2.      The teacher will facilitate instruction by leading class activities and encouraging discussion amongst students

                        Guided Practice for Students

1.      Students will create a graphic organizer
2.      In order to make sure that students understand the main points of the section, they will create a tree map graphic organizer
3.      They will use the tree map to record all the courts, and their functions, that are part of the Special Court System

                        Questions to Promote Learning and Studying

1.      Explain the statement: The special courts have a very narrow jurisdiction
2.      What does it mean to seek redress in a court?
3.      Why do you think Congress has seen a need to create special courts instead of sending all federal cases to the regular courts?
4.      Why, do you think, did Congress establish a civilian tribunal to hear appeals of serious courts-martial convictions?






(3)   Closure
  • Remind students that Congress set up the Special Courts to deal with some subjects covered by the expressed powers of Congress.
  • Have students list each court, and its function, and the Congressional Power to which it is related
  • The above may be added to the graphic organizer

3.      Homework
  • For homework students will complete the section assessment
  • Then students will continue to read on about the Supreme Court of the United States

(5) Independent Work (optional)

 (F)  Evaluation of Student Learning

Assessment:               
  • Students will create a brochure on the Special Courts.
  • The brochure should include a brief description of each of the special’s court functions and its history, including changes in its name.
  • The rubric of this assessment is attached to the lesson plan


 (G)  Modifications for Individuals Needing Differentiated Instruction

 (H)  Teacher Reflection
Write a reflection about the students' potential learning and your evaluation of this lesson (or about the students’ actual learning and your evaluation if you teach it).

(I)                Supplemental Information (Lecture Notes)
a.       Overtime, Congress has enlarged the structure of the Federal Court System
b.      By creating the special courts to handle the cases that are outside of the mainstream Judicial process
c.       Each of these courts have a very narrow mainstream jurisdiction
d.      The United States Court of Appeals for the Armed Forces, and the United States Court of Appeals for Veterans’ Claims sound similar, but have very different functions
e.       The Special Federal Courts are as followed
                                                      i.      The Court of Federal Claims
                                                    ii.      The Territorial Courts: Congress created these courts for the Nation’s territories
1.      United States District Court for the District of Guam
2.      United States District Court for the District of the Northern Mariana Islands
3.      United States District Court for the District of The U.S. Virgin Islands
4.      Note: the United States District Court for the U.S. Virgin Islands appeals its cases to the United States Court of Appeals for the Third Circuit, and the United States District Courts for the Northern Mariana Islands and Guam appeals its cases to the United States Court of Appeals for the Ninth Circuit

                                                  iii.      The District of Columbia Courts
1.      Congress established two types of Courts for the District of Columbia
2.      State Courts
a.       District of Columbia Superior Court (Trial Court)
b.      District of Columbia Court of Appeals (Highest State Court)
3.      Federal Court
a.       United States District Court for the District of Columbia
b.      United States Court of Appeals for the District of Columbia Circuit (Not to be confused with the District of Columbia Court of Appeals)
4.      Note Congress had the ultimate authority over the District of Columbia
                                                  iv.      The Court of Appeals for the Armed Forces
                                                    v.      Military Commissions
                                                  vi.      The Court of Appeals for Veteran Claims
                                                vii.      The United States Tax Court


























Name: _____________________
Date: ___________________
Project Title: _____________________
Teacher(s): Andrew Sellars

Special Courts Brochure
paper
Process
Below Avg.
Satisfactory
Excellent
1. Has clear vision of final product
1, 2, 3
4, 5, 6
7, 8, 9
2. Properly organized to complete project
1, 2, 3
4, 5, 6
7, 8, 9
3. Managed time wisely
1, 2, 3
4, 5, 6
7, 8, 9
4. Acquired needed knowledge base
1, 2, 3
4, 5, 6
7, 8, 9
5. Communicated efforts with teacher
1, 2, 3
4, 5, 6
7, 8, 9
Product (Project)
Below Avg.
Satisfactory
Excellent
1. Format
1, 2, 3
4, 5, 6
7, 8, 9
2. Mechanics of speaking/writing
1, 2, 3
4, 5, 6
7, 8, 9
3. Organization and structure
1, 2, 3
4, 5, 6
7, 8, 9
4. Creativity
1, 2, 3
4, 5, 6
7, 8, 9
5. Demonstrates knowledge
1, 2, 3
4, 5, 6
7, 8, 9, 10
6. Other:
1, 2, 3
4, 5, 6
7, 8, 9

Total Score:____________________________

Teacher(s) Comments:

 

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United States Government and Politics Lesson Plan

Unit 5 The Judicial Branch             
Teacher(s): Andrew Sellars
Grade Level: Twelfth Grade
Subject Area: American Government Civics
Content Focus: The Judicial Branch – The Supreme Court of the United States

(D)      Relevant State and National Content Standards

National: National Standards for Social Studies Teachers
              
State of Connecticut:
                                                            Connecticut Social Studies Framework

Standard I: Content Knowledge
   Knowledge of concepts, themes, and information from history and social studies is necessary to promote understanding of our nation and our world.

Standard II: History/Social Studies Literacy Skills
   Competence in literacy, inquiry and research skills necessary to analyze, evaluate and present history and social studies information.

Standard III: Civic Engagement
   Civic competence in analyzing historical issues and current problems requires the synthesis of information, skills and perspective.
                       
 (B)  Learners’ Background
·         Students have been introduced to the National Judiciary
·         Students have been introduced to the Inferior Courts and their jurisdiction these include the United States District Courts, and the United States Circuit Court of Appeals
·         Students have been introduced to the Special Courts, and they understand that these courts have a narrower jurisdiction; these courts are based upon special subject matter, U.S. territories ex. Northern Mariana Islands, and the District of Columbia Courts

(E)     Student Learning Objective

·         Students will be able to learn about the scope of the Supreme Court’s Jurisdiction
·         Students will understand how the Supreme Court operates and reaches its decisions
·         Students will be able to understand the concept of Judicial Review
                                                                                             

                                                                                
                                                                                                                         
 (D)  Materials & Teacher-developed Resources

Textbook
34.  Magruders American Government textbook

Websites

Software
36.  Keep It Current CD-ROM
a.       Includes government related projects by unit
37.   Social Studies Skills Tutor
a.       Provides interactive practice in geographic literacy, critical thinking and reading, visual analysis, and communications

Videos
38.  Magruder’s American Government Video Collection: chapter by chapter video selections- purpose of this is to give an introduction of the chapter

Equipment
39.  DVD/VCR
40.  Projector
41.  Computer

Other materials
42.  Extra writing utensils
43.  Extra paper
44.  Extra books
           
 (E)  Learning Activities (Teaching and Learning Strategies with an Approximate  
        Timeline)           

            (1)  Initiation
           
1.      Check the prior knowledge of the students by writing these questions on the board…
a.       How many justices are on the court?
b.      Where is the Supreme Court located?
c.       Must the Court decide cases by a unanimous vote?
(2) Development
Classroom Organization/Grouping Patterns
The organization of the classroom is shaped like a horse-shoe. This way it is easier to facilitate debate and discussion. When there is a test going on desks can be easily moved for student privacy.

Student Learning Activities (Note: List the sequence of student activities and forms of class participation.)

  1. Do Now
  2. Instruction
  3. Discussions
  4. Closure Activity
  5. Begin preparation of legal briefs

                        Teacher Modeling Behaviors

  1. The teacher will guide students through the instruction and presentation of the lesson
  2. The teacher will write the objectives on the board
  3. The teacher will facilitate the discussion with the students about the Supreme Court of the United States
  4. The teacher will ask questions of the students from the section of promoting learning and studying

                        Guided Practice for Students

  1. Students will copy objectives from the board.
  2. Students will prepare for their “Do Now”
  3. The students will then participate in reading and discussion concerning the Supreme Court of the United States

                        Questions to Promote Learning and Studying

  1. How are judges appointed to the Supreme Court?
  2. How long do Justices serve on the Supreme Court?
  3. What power does Judicial Review give to the Supreme Court?

            (3)  Closure
·         Remind students that the Supreme Court of the United States is the most powerful court in the United States.
·         Have the students to write five questions about the powers, process of case selection, and operation of the Supreme Court.
·         Have them answer the questions with a classmate.

4.      Homework
  1. Students will prepare for Lesson 5
  2. Students will prepare their court briefs in preparation of the Moot Court Activity

(5) Independent Work (optional)



 (F)  Evaluation of Student Learning
  • Students will answer questions in the Chapter Review in preparation of the test
  • Using knowledge that students have learned from the past four lessons, students will prepare for their Moot Court exercise
  • This will be their major evaluation concerning their unit

 (G)  Modifications for Individuals Needing Differentiated Instruction

 (H)  Teacher Reflection
Write a reflection about the students' potential learning and your evaluation of this lesson (or about the students’ actual learning and your evaluation if you teach it).

(I)                Supplemental Information (Lecture Notes)
a.       The Supreme Court
                                                      i.      Judicial Review
1.      Established in the landmark case Marbury vs. Madison (1803)
2.      Supreme Court may declare laws unconstitutional
                                                    ii.      Jurisdiction
1.      Appellate (most common)
2.      Original on  cases involving States or public ministers 
                                                  iii.      How Court operates
1.      Reviews cases by hearing oral arguments and reading briefs
2.      Nine Justices are appointed for life by the President
3.      Court decisions reached by a majority vote
4.      Opinions written to explain decisions





















United States Government and Politics Lesson Plan

Unit 5 The Judicial Branch             
Teacher(s): Andrew Sellars
Grade Level: Twelfth Grade
Subject Area: American Government Civics
Content Focus: Making the Case 

(F)       Relevant State and National Content Standards

National: National Standards for Social Studies Teachers
              
State of Connecticut:
                                                            Connecticut Social Studies Framework

Standard I: Content Knowledge
   Knowledge of concepts, themes, and information from history and social studies is necessary to promote understanding of our nation and our world.

Standard II: History/Social Studies Literacy Skills
   Competence in literacy, inquiry and research skills necessary to analyze, evaluate and present history and social studies information.

Standard III: Civic Engagement
   Civic competence in analyzing historical issues and current problems requires the synthesis of information, skills and perspective.

 (B)  Learners’ Background
·         Students have learned about the National Judiciary
·         Students have discussed the Inferior Courts
·         Students have discussed the Special Courts
·         Students have discussed the Supreme Court of the United States
·         Students learned how to write a brief, and learned about the elements of an oral argument
           
 (C)  Student Learning Objective
            The student will be able to…
  1. Taking everything students have learned about the Federal Court system, and Constitutional principles, students will be able to argue a case dealing with the Constitution of the United States.                                                                                                       
                                                                                                                                                                                                                                                                                                        
 (D)  Materials & Teacher-developed Resources
    1. Legal Briefs
    2. Book “Making Your Case” written by Justice Antonin Scalia and Bryan Garner 
    3. Teacher will draw excerpts from this book


 (E)  Learning Activities (Teaching and Learning Strategies with an Approximate  
        Timeline)           

            (1)  Initiation
  1. Immediately turn the students’ attention to the cases
  2. Have students meet in groups
  3. Students will be reminded that their briefs must be turned in
  4. Students will be able to review their briefs

(2) Development
Classroom Organization/Grouping Patterns
  1. The classroom will be in the shape of a courtroom
  2. The teacher’s desk will be the “Bench”
  3. There will be two tables at the front of the classroom
  4. These will represent the Petitioner and Respondent areas

Student Learning Activities (Note: List the sequence of student activities and forms of class participation.)

  1. Students were assigned a group of about four students
  2. In the group students will choose which two will be the Petitioner and the Respondent
  3. Students then prepare, and will argue their case before the Honorable Judge Andrew Sellars

                        Teacher Modeling Behaviors

  1. The teacher will act as the Judge
  2. The teacher will be able to ask questions from the Bench as the students make their case

                        Guided Practice for Students

  1. The teacher will assign a case of significance about the Constitution of the United States
  2. Students will go over their briefs, and prepare the argument
  3. After preparations students will begin their oral argument
  4. In this there are no winners or losers, just how well students prepared, and presented their oral arguments









                        Questions to Promote Learning and Studying
Below are sample questions
  1. What significance does your case have to Constitutional Law?
  2. Do we have the authority to hear your case?
  3. Council, how does this case stand out from previous decided cases?
  4. Council, given how the courts are burdened for time, and the importance of cases that courts decide for example, property, custody, life and death, what makes your case so important to be heard before us?

            (3)  Closure
·         Give students feedback about their cases
·         Remind students of the importance of oral argument
·         Remind students how the decisions of Judges have made major impacts to Government/Politics, and United States History

5.      Homework
1.      Students will write a reflection of their case
2.      Students must study for their test on Monday

(5) Independent Work (optional)


 (F)  Evaluation of Student Learning
·         The major assessment will be that the students will argue their case
·         Final Unit Assessment: Students will receive a Unit Test about the Federal Court System (See Attached)

 (G)  Modifications for Individuals Needing Differentiated Instruction

 (H)  Teacher Reflection
Write a reflection about the students' potential learning and your evaluation of this lesson (or about the students’ actual learning and your evaluation if you teach it).

(I)                Supplemental Information (if needed)

a.      Petitioner: the loser from below asking the higher court to hear the case
                                                      i.      In this instance the one who was the Defendant below might act as the Plaintiff in this case
b.      Respondent: the winner from below, who must respond to the case
                                                      i.      In this instance the one who was the Plaintiff below might act as the Defendant in this case







Sellars High School
Oral Argument Rubric
here
Name: ________________________
Teacher: Andrew Sellars
Date Submitted: ____________
Title of Work: ___________________


Criteria
Points

4
3
2
1

Movements seemed fluid and helped the audience visualize.
Made movements or gestures that enhanced articulation.
Very little movement or descriptive gestures.
No movement or descriptive gestures.
____
Eye Contact
Holds attention of entire audience with the use of direct eye contact.
Consistent use of direct eye contact with audience.
Displayed minimal eye contact with audience.
No eye contact with audience.
____
Introduction and Closure
Student delivers open and closing remarks that capture the attention of the audience and set the mood.
Student displays clear introductory or closing remarks.
Student clearly uses either an introductory or closing remark, but not both.
Student does not display clear introductory or closing remarks.
____
Pacing
Good use of drama and student meets apportioned time interval.
Delivery is patterned, but does not meet apportioned time interval.
Delivery is in bursts and does not meet apportioned time interval.
Delivery is either too quick or too slow to meet apportioned time interval.
____
Poise
Student displays relaxed, self-confident nature about self, with no mistakes.
Makes minor mistakes, but quickly recovers from them; displays little or no tension.
Displays mild tension; has trouble recovering from mistakes.
Tension and nervousness is obvious; has trouble recovering from mistakes.
____
Voice
Use of fluid speech and inflection maintains the interest of the audience.
Satisfactory use of inflection, but does not consistently use fluid speech.
Displays some level of inflection throughout delivery.
Consistently uses a monotone voice.
____




Total---->
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