EAST MEADOW PUBLIC SCHOOLS

Westbury, New York 11590

CURRICULUM AREA PROJECT

FOUNDATIONS OF LAW

SCOPE AND SEQUENCE – Part One

Grade 10

Completed: October 1, 2011

Facilitator / Writer: Jennifer L. Trabulsi

Department: Social Studies

W. Tresper Clarke High School

Principal Timothy Voels

Superintendent Louis D’Angelo

Table of ContentsAbstract 3

Rationale 4

Content Breakdown – Scope and Sequence 5

Sample Activities 11

Suggested Resources 21

ABSTRACT

Foundations of Law is the second course in the Law sequence being offered in the East Meadow School District. This project creates an updated scope and sequence for the first half of the year-long course, blending a modern day focus for the class on current trial procedures and mock trials, as well as a historical view of the development / nature of law in countries / regions outside the United States. The scope and sequence includes essential questions to guide educators as they continue to present material that is both engaging and relevant to students’ lives. Activities and projects are provided that allow for student-centered learning experiences that enhance both the students’ knowledge of law and the skills needed for future success in college and careers.

RATIONALE

Foundations of Law is an ambitious course. As a sophomore course, it is intended to provide enriching extensions to the Global History and Geography course. Students learn about the evolution of principles of law and justice in various societies throughout history. Students are also expected to – and in fact students enroll in the course expecting to! - apply their knowledge of the law in mock trials conducted in class. Conducting mock trials involves analyzing trial documents, working cooperatively in teams to write opening and closing arguments, developing questions for witnesses, and ultimately conducting a trial complete with attorneys presenting meaningful arguments and challenging each other and witnesses with organized, relevant information in order to prove their side is right.

The two key aims of this course are both valuable – one dealing with a theoretical study of the history of law, the other a more practical and tangible learning experience for students seeking to pursue careers in the law. This CAP provides a scope and sequence with essential questions and suggested activities that support both goals of this course.

The course is consistent with New York State Standard 2 – World History, and 5 – Civics, Citizenship and Government. As New York State embraces the Common Core Standards, and seeks to improve the college and career readiness of its children, it is quite appropriate that this CAP also meets the CCR literacy standards in the anchor domains of reading, writing, speaking and listening. The textual analysis, and various student research and assessments crafted through the synthesis of materials supports both the English Language Arts and Social Studies Standards in Literacy. Ultimately, this course, and the entire Law sequence of courses, provides an excellent opportunity for the Common Core Standards to be achieved.

SCOPE AND SEQUENCE

FOUNDATIONS OF TRIAL LAW

The following is a list of units for the first half of the Foundations of Law course. Teachers should always exercise their professional judgment and modify / differentiate curriculum to best meet their students’ needs. Topics, key concepts, essential / critical thinking questions and suggested activities are included.

Unit I

A – Brief review (students last year completed the Law Core course) with focus on aspects of trial law

B – Introduction to concept of law as a societal constant throughout history, with varying interpretations on its function and administration

Key Ideas:

Constitution / amendments Historically speaking, laws have protected citizens, maintained order, upheld religious and

cultural demands, controlled people, kept power for some at the expense of others Substantive v. Procedural law The USA system of laws protect the citizens from a government that may try to control it – we

protect defendants’ rights Criminal v. civil laws / trials adversarial system vs. inquisitorial system

Essential Questions:

- Why do societies have laws? Do societies need laws?- Historically, what has been the function of laws?- Why does the United States’ system of laws make it a priority to protect defendants?- How does the American court system compare to the French adversarial system?- How would OJ Simpson have fared in the French trial system?

Suggested Activities:

OJ Simpson Frontline / PBS video – analysis of evidence Elements of a Trial – PowerPoint project Research and analyze the French criminal justice system, ultimately writing a paper summarizing

the criminal trial system and whether the US adversarial or the French Inquisitorial system are more fair

Unit II – Preparing for Trial

A – Students will look at the steps in conducting a trial, focusing on the opening and closing statements, use of evidence, objections, witnesses and trial protocols

B – Students will prepare for and conduct their first mock trial

NOTE – A primary purpose of the Foundations of Law Course is to further develop students’ critical thinking skills. The mock trials prepared for and conducted by the students develop their ability to analyze and synthesize information. Students are given a novel, relevant subject matter to utilize to create cohesive, meaningful arguments with appropriate evidence. These arguments are presented in both written and oral formats throughout this course.

Key Ideas:

Function of opening / closing statements Types of evidence presented at trial Direct vs. Cross examination questions Types of objections Presentation skills of a successful trial lawyer

Essential Unit Questions:

What are the key components for an effective opening and closing statement? What types of evidence are presented at trials? How can we develop meaningful direct examination questions? How can we impeach a witness through cross examination? How can an attorney win over a jury? How can “style over substance” work in the courtroom?

Suggested Activities:

Utilizing a mock trial from a source such as Constitutional Rights Foundation, groups can develop opening statements and present them to the class for analysis

Students can analyze witness questions and decide if there are an objections to be made, and if so what exactly are the grounds for the objection.

Mock trial – students will be assigned roles, research and conduct a trial with the teacher as judge. Students will have to write a paper to the trial

Unit III – Code of Hammurabi

NOTE – With this unit the students will begin to analyze the earliest legal systems in world history. Lessons should explore each legal system’s ultimate purpose, administration of justice, and fairness in comparison to our modern western beliefs concerning law and justice.

NOTE – The units are presented in a chronological format. This is intended to reflect the evolution, and revolution, of advances in legal systems. This is also intended to mirror the

Global History and Geography course curriculum that students in this class are generally enrolled in.

NOTE – Where noted, the class will break from their study of law throughout history to conduct mock trials.

Key Ideas from studying early Babylonian trials adhering to the Code of Hammurabi:

Lex Talionis – “an eye for an eye” Laws written “if…then…” format Common laws for all city-states Laws covered witchcraft, crimes, trade, many aspects of personal and private lives – very

specific Religious right to judge Laws are about maintaining order, not protecting citizens Different classes had different “rights” / punishments

Essential Questions:

Do people with power/money in today’s world have more influence in the court system? What can be done to address this?

Do people with power/money in today’s world have more influence in the court system? What can be done to address this? How can the court system provide more justice to all parties?

IV – Athenian Tribunal

Key Ideas:

System based on the Greek play Orestia – religious play in which Athena, goddess of wisdom, settles a dispute – religious influence on the laws

Decisions not based on a set of laws like Hammurabi, but the judgment of the citizens

Essential Questions:

How do Athenian Tribunals Compare to Our Civil Trials?o Tribunal – complaint brought to group of citizens – males over 21 in Athens – would

listen to arguments from both sideso No judge, no witnesses, no attorneys – there is a tribunal leadero Majority of votes of tribunal winso Accused and Accuser each lick a punishment – tribunal voteso No appeals

Suggested Activities:

Students form a tribunal to settle a dispute – compare the benefits and drawbacks of this rule by “committee”

Compare the Babylonian and Greek systems of justice. Which one is more effective in administering justice?

[New Mock Trial will be presented]

V – Jewish Law

Key Ideas:

Court system had three levels Criminal court had no attorneys Evidence included documents and testimony of witnesses; two male witnesses were needed No jury – judges voted on verdict Defendant had some rights FOCUS – Capital Punishment

Essential Questions:

Why was the death penalty rarely used by the Jewish courts? Would the Hebrew methods of capital punishment be acceptable in our country today? What are some arguments supporting and opposing the death penalty?

Suggested activities:

In groups, students can research death penalty cases. Using PowerPoint, students can present information on the facts of the case, why the death penalty was sought in the case, and what opposition against the death penalty in the case was raised.

Students can research court cases about the Ten Commandments being displayed publicly, writing a legal brief about a selected case and offering their own opinion. Their opinion will be supported with facts from the case and the Constitution.

VI – Roman Law

Key Ideas:

With the Roman Republic and Empire, western civilization’s concepts of law undergo tremendous growth and change

Twelve Tables provided rules for trials Substitution for “lex talionis” (retribution) as punishment was allowed Younger criminals treated differently Praetors – Roman judicial officials who would interpret and add to the written laws Law of Nations – laws developed to manage legal issues throughout the entire empire Rise of the legal experts – the Jurists

Rise of the Advocate (attorney) in court proceedings Jury trials Defendant rights – right to defend oneself or have an advocate (attorney), trial procedures Legal arguments – logos, ethos, pathos

Essential Questions:

How did the Roman legal tradition transform Western society? Should juvenile offenders ever be treated as adults in the criminal court system today? Is it possible to create acceptable international laws today?

Suggested Activities:

Students will engage in debates in which they must use the three types of persuasion to support or oppose an assigned viewpoint

Working in groups, students will take the role of ambassadors from countries today and engage in a mock United Nations in an attempt to create their own “Law of Nations”.

[Mock Trial]

VII – Islamic Law

Key Ideas:

Sharia Law – Law based on traditional religious teaching within the Muslim world Plaintiff had burden of proof in court cases Witnesses needed for trials – witnesses would be investigated Legal scholars, muftis, might be consulted by the judge, or Kadi Legal opinion is called a fatwa Sharia law allows husbands and wives to own their property even during marriage Categories of crimes – include “Crimes against God”

Essential Questions:

How did Islamic courts deliver justice? Can aspects of Sharia law be included in our legal system?

Suggested activities:

Students can research current news / articles to learn how Sharia law is applied in today’s world Students can work in groups to research a country with a majority-Muslim population, creating a

PowerPoint presentation on the country’s history, demographics, and current legal system.

Unit VIII – Medieval England

Key Ideas:

Medieval justice was often violent – trial by ordeal, trial by combat Sworn oaths taken seriously – influenced by religion Judges heard cases Trial with 12 jury members Magna Carta – beginning of guaranteeing people rights against their government

Suggested activities:

Students can research and write reports on other documents such as the Magna Carta that promoted freedom

Class discussion – Is the oath sworn by witnesses at trials important to take? Is it necessary? Students can discuss which medieval form of justice would be preferred in different scenarios

[Mock Trial]

NAME ________________________________________________

LEGAL ISSUES IN THE OJ SIMPSON TRIAL

As we analyze this trial we will be discussing the following:

1) Search and Seizure issues

2) Jury Selection

3) Evidence – DNA evidence, Nicole’s diary, bloody glove, Bronco chase

4) Witness issues – Detective Mark Fuhrman

5) Influence of media on the trial

6) Role of race and gender in the trial

OJ SIMPSON REACTION PAPER

Type a reaction (at least 3 pages double spaced, 1 inch margins, Times New Roman font) to the trial. Address the

following:

1) Do you think this case was winnable for the prosecution? Discuss at least 2 specific mistakes made by the

prosecution, and what you might have done differently as a member of the District Attorney’s office?

2) Do you think the defense team conducted themselves in an ethical manner? Would you have chosen to

defend OJ Simpson? Why or why not?

3) Do you think OJ Simpson received a “vigorous” defense? Why or why not?

4) Did OJ Simpson get tried by a jury of his peers? What jurors would you have advocated for if you were

consulting the prosecution? The defense?

5) Do you think the jury made the right decision, looking at the trial through their eyes?

ELEMENTS OF TRIAL

POWERPOINT PROJECT

100 points

In order to perform our mock trials effectively in class we need to review the elements of trials and the proper terms and procedures for the courtroom. To that end, in this project you will be working in teams to develop and present PowerPoint presentations covering relevant topics in trials.

Ultimately you will be graded on:

(1) The PowerPoint Presentation(2) Your oral presentation that accompanies the PowerPoint

The topics are as follows. I have included relevant terms that you might include in your presentations. Your presentation need not focus on pretrial preparation / motions.

Role of the Judge – Role of the judge during trial and sentencing; bench trials; how does someone become a judge (different at local and federal levels)

Types of Evidence – lay witness, expert witness, actual vs. documentary evidence, demonstrative evidence, stipulated facts, direct vs. circumstantial evidence, relevancy, hearsay

Jury Selection – Jury questionnaire, qualifications, voir dire, excused for cause, peremptory challenges, petit jury vs. grand jury, laws concerning juror service, function of the jury during trial, deliberation, sequestering of a jury

Role of Prosecution / Plaintiff – Opening statements, burden of proof, direct examination – types of acceptable questions, cross examination, impeachment of witnesses, redirect questions, rebuttal, closing arguments

Trial Procedures – Defense – Opening statements, cross examination, impeachment, rebuttal, Objections, motions during trial, technology, closing arguments

You will have to include at least one slide in which you apply some element of a mock trial I will give you to your topic.

Some Web sites you use to conduct research:

Uscourts.gov

Criminaldefense.homestead.com

Abanet.org

Law.edu.cornell.edu

Courts.state.ny.us

www.ojp.usdoj.gov

Criteria for PowerPoint:

Completed on time Topic fully addressed Team work evident Creative, interesting to see Proper spelling, conventions

Criteria for Oral Presentation:

Posture Voice clarity Eye contact Group dynamic Attitude / Demeanor

Presentations should be at least 10 slides in length

Presentations should also have a bibliography page

You will need to print out a copy of your slides for me to copy for the class to reference during your presentation.

All work for this assignment should be completed in computer lab this week. Additional time will be given if needed. Presentations should begin __________________________

GROUP _____________________________________________ DATE _________

ELEMENTS OF TRIAL

GRADING RUBRIC

A B C

TEXT

Consistently utilized relevant vocabulary

Correct spelling / grammar

The correct amount of text are on each slide

Proper vocabulary

Slight / minor spelling errors

Most slides have appropriate amount of text

Spelling and grammar errors evident, and detract from presentation

Some slides have too much text

VISUALS Visuals are

appropriate to the topic

Visuals are relevant

Visuals engage students and help to understand the key principles

Most visuals are appropriate and relevant to the topic

Minimal use of visuals

Visuals are used inconsistently with limited benefit to the presentation

CREATIVITY

Slides are presented in a creative, interesting manner

Animations and video are utilized

Presentation engages students in a positive way

Slides generally hold the interest of students

Presentation has some creative, interesting qualities

Minimal creativity No animation or

video used Presentation does

not engage students

CONTENT

Slides are organized and logical

Proper vocabulary and terminology is utilized

The topic is fully and appropriately addressed

Slides are generally organized

Proper legal terms are generally utilized

Topic is mostly addressed

Slides do not stay on topic

Content is not complete – gaps in information is evident

Key terms are not used

ORAL PRESENTATIO

N

Proper eye contact is utilized

Positive group dynamic is

Good eye contact

Group dynamic is generally

Inconsistent eye contact

Evidence of a lack of group dynamic

evident Excellent,

consistent voice clarity and posture

Positive energy and enthusiasm evident throughout presentation

positive Voice clarity and

posture is generally good

Positive energy and attitude

Presentation is conducted with a lack of enthusiasm

SCORE: _______________

Comments:

A = 95

B = 85

C = 75

Mock Trial Timeline

Our trial is scheduled to begin (it’s on the Judge’s docket) for _______________________. We will

spend the next week in class preparing for our trial. Everyone has something to do:

Attorneys – Prepare opening statements, direct examination questions of witnesses, and prepare your

witnesses. Your (tentative) opening statement and examination questions should be typed. It is all right

to change any aspect of the opening statement and questions after handing in the sheet. This information

is only intended to show me that you did in fact prepare appropriately for the case.

TO REVIEW - HAND IN A TYPED OPENING STATEMENT AND YOUR TENTATIVE

DIRECT EXQAMINATION QUESTIONS. THERE ARE TWO ATTORNEYS –DIVIDE THE

TASK ACCORDINGLY.

Witnesses – Memorize your affidavit and rehearse your testimony with your attorneys. You will also

need to type a “diary entry”. Imagine that it is the night before the trial. What are your concerns about

being a witness? What part of your testimony do you think is most vital to your case? Your entry

should be at least two paragraphs in length.

TO REVIEW - HAND IN A TYPED DIARY / JOURNAL ENTRY

Jurors and Clerk / Bailiff – Take the roles of journalists, and write a newspaper article on the eve of

the case, discussing the facts of the case and what questions / issues you expect to see raised during the

trial. Your articles should be typed.

TO REVIEW - HAND IN A NEWS ARTICLE!

All written work is due the first day of trial.

NAME ____________________________________ PERIOD _____

MOCK TRIAL REACTION

Type (double-space, 12-point font, Times New Roman) a reaction to our mock trial. Type the questions and a response in paragraph form. For full credit, discuss the following elements of the trial:

1. What facts had to be proven beyond a reasonable doubt in order to find guilt?

2. What did the Prosecution / Plaintiff need to prove in order to win the case?

3. What did the defense need to prove in order to win the case?

4. What was the best argument presented by the prosecution?

5. What was the best argument presented by the defense?

6. Which witness was most credible? Why do you feel this way?

7. Did you agree with the verdict of the judge/jury? Why? If not, why not?

NAME ______________________________________________ PERIOD __________

FOUNDATIONS OF LAW

HISTORY OF LAW RESEARCH PROJECT

In order to better understand our modern legal system, we are examining the evolution of law throughout history. Laws were established in different societies throughout time to serve various functions - to maintain order, preserve power, to honor a religion, and to protect the rights of the governed. Forms of government developed around the various societies’ legal principles.

For this project you will research one MODERN (modern being defined as 20th or 21st century) society’s legal system and government. You will EITHER write a 4 – 6 page paper OR create and present a PowerPoint presentation in which you will discuss:

What is the main philosophy guiding the legal system of the society How the laws are administered What form of government exists / administers the legal system Examples of at least three laws / ideas from that society that illustrate the purpose / function of their

laws What similarities – if any – can be seen between the society / laws you are researching and our own Evaluate whether this legal system is considered ethical and just from a 21st century American

viewpoint – it’s important to acknowledge our own perspective as we evaluate other countries

You must select your topic and form of assessment by ______________________. We will work in school on this project in class, but if you cannot complete the work in school you must complete it on your own time.

This assignment will be due _________________________. There will be ten points deducted per day for lateness.

NAME __________________________________________________

HISTORY OF THE LAW GRADING CRITERIA

GRADE ____________

Papers / PowerPoint projects earning an A generally have the following criteria:

Completed on time Format is appropriate – grammar, punctuation and overall length of the paper / project is correct If a PowerPoint presentation, proper and appropriate writing conventions are utilized Acceptable sources are cited in an organized, proper MLA format Topic is appropriate for the project Key elements of the paper have been developed in depth, reflecting EXCELLENT research:

What is the main philosophy guiding the legal system of the society How the laws are administered What form of government exists / administers the legal system Examples of at least three laws / ideas from that society that illustrate the purpose / function of their laws What similarities – if any – can be seen between the society / laws you are researching and our own Evaluate whether this legal system is considered ethical and just from a 21st century American viewpoint

– it’s important to acknowledge our own perspective as we evaluate other countries

Papers / PowerPoint projects earning a B generally have the following criteria:

Completed on time / one day late Format is appropriate – grammar, punctuation and overall length of the paper / project is mostly

correct / few errors Appropriate sources are cited in an organized, proper manner Topic is appropriate for the project Key elements of the paper have been developed, perhaps to an inconsistent degree, reflecting good

general research:

What is the main philosophy guiding the legal system of the society How the laws are administered What form of government exists / administers the legal system Examples of at least three laws / ideas from that society that illustrate the purpose / function of their laws What similarities – if any – can be seen between the society / laws you are researching and our own Evaluate whether this legal system is considered ethical and just from a 21st century American viewpoint

– it’s important to acknowledge our own perspective as we evaluate other countries

Papers / PowerPoint Projects earning a C generally have the following criteria:

Completed, perhaps more than one day late Format is minimally satisfactory – there is a lack of proofreading evident with respect to grammar,

punctuation; the paper/project is not the required minimum length Sources are not correctly cited / there are insufficient sources Topic is generally appropriate for the project Key elements of the paper / project have been minimally developed, reflecting limited research:

What is the main philosophy guiding the legal system of the society How the laws are administered What form of government exists / administers the legal system Examples of at least three laws / ideas from that society that illustrate the purpose / function of their laws What similarities – if any – can be seen between the society / laws you are researching and our own Evaluate whether this legal system is considered ethical and just from a 21st century American viewpoint

– it’s important to acknowledge our own perspective as we evaluate other countries

Papers/ PowerPoint projects earning a D or F have significant deficiencies in many or all areas.

Teacher Comments:

SUGGESTED RESOURCES

There are a variety of web sites that provide mock trials and trial training materials. Some helpful sources are listed below:

www.crf-usa.org The Constitutional Rights Foundation

www.nationalmocktrial.org

www.americanbar.org

www.aba.net

www.collegemocktrial.org

The following book provides readings and activities for topics on the history of law:

Croddy , Ma r sha l l , B i l l H ayes , Co ra l Su t e r , and Ca r l t on M ar t z . Of Code s & Crowns F rom t he Anc ien t Wor ld t o t he Rena i s sa nce . 3 rd . Los Ange le s : Cons t i t u t i ona l R igh t s F ounda t i on , 2006 . P r i n t .