Law Wise • Nov./Dec. 2017

PUBLISHED BY

LAW WISE NOVEMBER/DECEMBER 2017 • ISSUE 3

Coordinators:

on. G. Joseph Pierron Jr., Chair, Law-Related Education Committee H Anne Woods, Public Services Director, Nicolas Shump, Law Wise Editor & Patti Van Slyke, Journal Editor

Greetings from the Kansas Bar Association (KBA).

Welcome to this third edition of Law Wise for the 2017-2018 school year.

IN THIS ISSUE

Focus on the Judicial Branch

Focus on the Judicial Branch........................... 1 As you enter the Kansas Judicial Center in Topeka, you are met by an imposing monument made of oak, Vermont marble, and South Dakota granite. “Justice,” the statue, stands sixty feet tall. Designed by former University of Kansas Sculptor-in-Residence Bernard Frazier, it depicts Justice crouching while one hand rises to the sky holding a native prairie falcon; it is said the falcon has vision that is ten times greater than that of humans.

It is a fitting illustration of the paradoxical power and humility of the American system of justice.

As I entered the office of the Hon. G. Joseph Pierron, Jr. to interview him, I had a breathtaking view of the Kansas Statehouse across the street.

The proximity of the legislature to the Kansas Judicial Center demonstrates how intertwined these two branches of government are on the state and most certainly on the federal level.

Most of us who have studied U.S. history and government will remember the branches of government—Ex-

Judge G. Joseph Pierron, Jr. Interview.............. 2 Judge Terry L. Bullock Interview...................... 4 Terrific Technology for Teachers....................... 5 Lesson Plan 1 What’s Wrong with This Court?...................... 6 iCivics:............................................................ 6 Lesson Plan 2 Understanding the Types of Cases................. 7

Calendar of Events November:................. The KBA YLS High School Mock Trial Case will be posted November 23:..................... Happy Thanksgiving December:................................Happy Holidays!

Enjoy your semester break.

January 15:................. Martin Luther King Jr. Day February: .............Law Wise resumes publication

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Judge Pierron Interview Monday • October 23, 2017 Kansas Judicial Center Topeka, KS

ecutive, Legislative, and Judicial. If you read the U.S. Constitution, you will note how much shorter Article III is than the first two, which cover the duties and powers of the Legislative and Executive branches of the federal government. Section 1 of this article states:

The Honorable G. Joseph Pierron, Jr. was born in Kansas City, Kan. and grew up in Olathe. He attended Rockhurst College and the University of Kansas School of Law. He began his judicial career in 1972 in the municipal court.

From 1982 to 1990, he served as a district judge in Olathe. He has served on the Kansas Court of Appeals since 1990.

The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.

From this, over the last two hundred-plus years, developed the U.S. system of local, state, and federal courts.

Later in Article VI, the Constitution declares, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

This issue of Law Wise focuses on the judicial branch of the government, paying particular attention to the role of judges in the administration of our system of justice. You will hear the eloquent testimonies of Judge Pierron and Judge Bullock as they reflect on their life’s work on the bench. Without capable men and women like this, our distinctive system of governance and justice would not function as well as it does.

Though imperfect at times, the United States is governed by a rule of law that strives to ensure the equality of everyone under the law. This issue is dedicated to this most distinctive system of justice and the judges who safeguard our most precious freedoms.

— Nic

Law Wise: What did you want to be as a child?

Judge Pierron: I wanted to be a U.S. Senator. I knew they were a very important part of our government and could do a lot of good..

LW: What was your major in college?

Judge Pierron: History with minors in English and political science. At that time, I was still interested in politics, and I was involved in politics while in college. I chose to go to law school, but did not know what type of law I wanted to practice. I had known some good defense lawyers.

LW: How did you first become a judge?

Judge Pierron: I was working part time as an assistant county attorney and was offered the position of part time municipal judge of Spring Hill. I served for one year, and then went to work full time as an assistant district attorney.

LW: What do you enjoy about being a judge?

Judge Pierron: You realize every case is important. People’s lives are impacted by the decisions you make. Good judges have to work hard; it is interesting, but difficult work.

The best advice I received when I became a judge was from an old attorney: “You have only two things to remember: Be there and be fair.” I always strove to be respectful of lawyers and their clients.

On Friday afternoons, I made it a point to be there at five p.m. and even a few minutes later. Lawyers were often running in to find a judge at the end of the week. I didn’t think it was a big deal, I was just working at my desk.

Years later, at lunch, Chief Justice Holmes said, “Joe, now that you are up here, who’s signing all the emergency orders on Friday afternoons?” I was surprised and proud that lawyers really appreciated what I did.

Photos for this column courtesy of KBA Graphic Designer Ryan Purcell

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LW: Did you receive training when you became a judge?

Judge Pierron: When I became a district judge, the Office of Judicial Administration provided educational materials for judges. The National Judicial College in Reno, Nev. provides training too. We also have annual educational programs.

LW: How did your varied experience as a judge on lower courts prepare you for the Court of Appeals?

Judge Pierron: It helped a lot. Our job is to look at what happened in the lower courts to ensure it was done correctly.

It usually is. Having served in the lower courts helped me to understand the process better.

LW: Can you explain the difference between an appellate judge and other judgeships you have held?

Judge Pierron: Proceedings in municipal courts are usually a little less formal. In district court, it is usually much more formal, and the judge is expected to explain the decisions they make. As a district court judge, you lay out in your opinion why you ruled the way you did.

As an appellate judge, when I write my legal opinions, I have more time to think than lower court judges do. I also have my colleagues to discuss the issues.

There is a joke about two judges hunting, one appellate judge and one trial judge. A bird flies up and the appellate judge says, “It looks like a duck, flies like a duck, quacks like a duck, I think it is a duck—and fires.” Another duck comes up, the trial judge fires, and says, “I hope that was a duck.”

LW: What are the challenges to being on the Kansas Court of Appeals?

Judge Pierron: You want to keep up with your cases and not get backlogged. Sometimes, the cases are in areas I am not familiar with. Here in Kansas, we have cases on oil, gas, and water laws. It takes longer to master the areas of law for those cases.

LW: How do you decide to write a concurring or dissenting opinion?

Judge Pierron: It does not happen too often. In about one out of 75 cases, I write a concurring or dissenting opinion.

When I do, it is usually over the interpretation of the law involved..

LW: Do you have particular decisions you are most proud of?

Judge Pierron:: I once had a case in the extreme northwest corner of Kansas. The doctor was Stan Naramore, and he had treated two elderly patients. One was an 81-year old man with diabetes, heart disease and a pacemaker. He had a stroke at a local convenience store. Dr. Naramore tried unsuccessfully to revive him. After consulting with another physician, they discontinued efforts to save him as they believed he was clinically dead.

The second patient, a 78-year old woman with cancer, had been a patient of Dr. Naramore. Her condition had worsened, and her family knew she had little time. They asked Dr. Naramore to make her comfortable with additional pain medication. He agreed, but warned them the additional levels of painkillers might kill her. They agreed that he should try further pain relief. Then, one of the family members disagreed very

vociferously, at which time Dr. Naramore declined to continue caring for this woman. She was transferred to another doctor who sent her to another hospital where she died shortly thereafter.

Two years later, the doctor was tried for killing the old man and charged with attempted murder for the woman. A local jury trial convicted him on both counts. It took two years for his appeal to get to our court. We voted 2-1 for him, to dismiss all charges. The Kansas Supreme Court declined to review the case.

LW: What is the process for a case going from a municipal or local court to your court and beyond?

Judge Pierron: We would start perhaps with a DUI case. The defendant is found guilty. There is an appeal to district court where the case is tried before a jury or a judge. The defendant likely has a lawyer. The district court makes a decision. The case can be appealed to the Kansas Court of Appeals, which has a total of 14 judges, but normally there are three judges to decide cases. The case can go to the Supreme Court for review.

The Supreme Court does not have to grant review if they don’t think an appeal is necessary. Normally a case does not go beyond the level of the state supreme court, but some cases go to the U.S. Supreme Court.

LW: Have you ever had a case go to the U.S. Supreme Court?

Judge Pierron: Only one case. On our panel, I didn’t like the result. It was the state law; the Kansas Supreme Court followed the law. The U.S. Supreme Court changed course from an earlier decision. I was happy with the reversal.

LW: Do you think judges should be appointed or elected?

Judge Pierron: The appointment process can be good or bad.

Same with elections.

Merit selection occurs about half the time at trial court level; elections account for the other half. I believe merit selection is better. Being a judge is more than being a good politician.

People do have a right to remove court of appeals judges every four years and supreme court judges every six years.

LW: What is one thing about judges you think people misunderstand?

Judge Pierron: That we don’t make up the law. The judge has to follow the law. Judges cannot make up any decision they want.

LW: What is one piece of advice you would give to someone who wants to be a judge?

Judge Pierron: Read as much as they can about American history and the American judicial system. Read about people like John Marshall and Earl Warren. Do as much writing as you can. We spend more time reading and writing than we have proceedings in court. Go to listen to jury trials and hearings of the appellate courts. Read books about famous supreme court cases or books about lawyers and judges.

LW: Anything else you would like to share with our readers?

Judge Pierron: In the American system of government, we have separation of powers, and checks and balances. We are not a parliamentary system. Other countries may have courts, but no other courts have as much power as the U.S. Supreme Court. n

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Judge Bullock Interview Monday • October 23, 2017 At his residence

The Honorable Terry L. Bullock was born in Wilsey, Kan., near Council Grove. He graduated Phi Beta Kappa from Kansas State University. He graduated with honors from the University of Kansas School of Law, where he served as editor of the Law Review and was a member of the Order of the Coif.

In addition to his years on the bench, Judge Bullock taught legal ethics and trial practice at the University of Kansas School of Law and Washburn University School of Law for more than three decades.

Law Wise: What did you want to be as a child?

Judge Bullock: Well, as a child I had a gavel and a coat that I wore backwards. I used to play judge. I also loved and studied music for several years. However, I did not have the native talent to pursue that as a career.

Judge Bullock: In the trial court, you find the facts, apply the law as you understand it and then you reach a decision.

The appellate court is a case where you thought there was an error in the decision. It made me a fantastically better trial judge. I knew what they were looking for on appeal. I would make my decision, but have the appellate process in mind.

To write a short opinion, you might get busy and not completely explain your mental process. Explaining a decision more fully takes the guesswork out of the appellate decision.

They know what you meant to do and how you made your decision.

LW: What are the challenges of being on the Kansas State Court?

Judge Bullock: As a trial judge, in a district like Topeka with multiple judges, I had a whale of a case load. I think I might have had 3,000 cases a year. Factoring in jury trials, you get 50 done a year. Trying cases is not the way to manage a big docket. You had to deal with the volume. It is a challenge to manage and conclude that many cases, because they just keep coming.

I served as the Chief Justice of the Court for five years. Once when I attended a meeting of Chief Judges, one judge from southwest Kansas complained about needing a translator.

Someone said, “You can’t find someone who speaks Spanish?”

He said, “I speak Spanish, but we have 37 dialects of Vietnamese!” The demographics are changing.

LW:Do you think this is what our founders had in mind with our court system?

Judge Bullock: Probably not, but I cannot say.

LW: What was your major in college?

Judge Bullock: I had a pre-law advisor at K-State. I started as a music major. I played the bass and took voice lessons. I played in the K-State orchestra the last two years of high school. My official major was pre-law and history.

LW: Have you had decisions appealed to higher state or federal courts?

Judge Bullock: Very rarely were my cases appealed to the higher court, maybe five percent of the cases were reviewed. Of those cases only 20 percent might have been overturned.

LW: Before becoming a judge, what type of law did you practice?

Judge Bullock: I worked for a Topeka firm, Cosgrove, Webb, and Oman, for about 13 years.

LW: Are there decisions you feel most proud of?

Judge Bullock: The school cases, school finance. I had to decide these issues for the first time anywhere. My cases have held up to this day. The Topeka district is the district for suing the state.

LW: For what court was your first judicial appointment?

Judge Bullock: I was appointed in summer of 1976 to the Kansas State Court. Every judgeship is a division. Within a bigger city, it takes more judges. So cities such as Topeka, Wichita, and Overland Park have several divisions.

LW: What cases are heard before the Kansas State Court?

Judge Bullock: I heard all the big ones from felony crimes to big civil cases. I also on occasion served with the Kansas Court of Appeals and sat on the Kansas Supreme Court. Judges occasionally had to recuse or there was an emergency vacancy.

The Chief Justice didn’t want to have a tie, and they needed a judge to fill in.

LW: How were the experiences serving on those courts different from the Kansas State Court?

LW: Do you think the courts are the best place to decide issues like this?

Judge Bullock: The Constitution divides the government into 3 equal parts. Ideally, they work nicely; if one of them doesn’t, the others get overworked.

There are an awful lot of emotional issues in the trial courts; we use a lot more Kleenex in our courts than the court of appeals.

LW: How would you describe the difference between trial courts and appellate courts?

Judge Bullock: The trial courts are like the parish priests, the appellate courts are like the monasteries. The parish priest deals with all of aspects of life everyday, the monks get to write and pray.

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NOVEMBER/DECEMBER 2017 | LAW WISE 5 TERRIFIC TECHNOLOGY FOR TEACHERS

• How to Become a Judge www.howtobecome.com/how-to-become-a-judge • To a Young Lawyer, On Becoming a Judge https://www.myazbar.org/AZAttorney/Archives/ Nov99/judge.pdf • How to Become a Judge/Career as a Federal Judge http://legalcareerpath.com/how-to-become-a-judge/ • Judges and Judgeships http://www.uscourts.gov/judges-judgeships • The Career Path to Being a Federal Judge https://www.lawcrossing.com/article/861/CareersFederal-Judge/ • So You Want to Be a Judge? http://www.nationalmagazine.ca/Articles/JanuaryFebruary/So-you-want-to-be-a-judge.aspx LW: Do you think judges should be appointed or elected?

Judge Bullock: I did not have to run for office for my appointment, but some of the state is not under this system. In the 1960s, the people wanted to make judges appointed.

A whole lot of our work is about perception. You don’t worry about the winning side. The losing side doesn’t always feel they had a fair shake. You worry about that.

It is amazing that two sides, who cannot agree on anything, will accept the judgement of the court.

Wichita chose elections, the district in Topeka uses more of the merit system. I would not want to work in a district where I had to run for election.

LW: How were you appointed?

Judge Bullock: There is a commission of 6 (3 lawyers chosen by a district election, 3 non-lawyers nominated by the local government) who make the nominations. Of those nominated, maybe one or two are selected.

• How to Become a Criminal Judge http://work.chron.com/become-criminal-judge-19719. html • How Courts Work https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_ courts_work/judge_role.html • What is a Judge’s Role in Court? https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_ courts_work/judge_role.html • What Do Judges Do? https://www.ias.edu/ideas/2012/macleod-judges • http://www.ourkansascourts.org/ Sponsored by the Kansas Bar Foundation, this site explains the role and structure of the court system in Kansas.

LW: What is one thing about judges you think most people misunderstand?

Judge Bullock: Typically, judicial activism—as understood by a layperson—means a judge makes things up on his own. It is a pejorative term. By that logic, all trial judges are activist judges.

Lawyers normally file cases only where the law is not clear.

There is no law or statute on the money, so a trial judge must decide the case. Do we make it up as we go? Of course we do; it’s required.

LW: What is one piece of advice you would give to someone who wants to be a judge?

Judge Bullock: Work hard, keep your nose clean, keep your work up-to-date, and hope it appeals to somebody. Being chosen as a judge is like being struck by lightning.

For me, the courts were getting behind with the civil cases.

The civil cases are more difficult to try, so they wanted to add someone who had a background in civil cases. So they chose me. n

About the Law Wise Editor: Nicolas Shump teaches courses in Ancient and Modern World History, Creative Writing, English, Film, Sport in American Culture, World Philosophy, and A.P. courses in Comparative Government and Politics, European History, and U.S. History and Government at The Barstow School in Kansas City, MO. He is a columnist for the Topeka Capital-Journal and a Talk About Literature in Kansas (TALK) discussion leader for the Kansas Humanities Council. He can be reached at nicshump@gmail.com www.ksbar.org/lawwise

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Lesson Plan 1: What’s Wrong with this Court?

Corresponding Student Center Pages: Organization of the Federal Courts; About Federal Judges AND Judicial Independence Grade Level: 6-12 Suggested Time Needed: 2 class periods Description: This activity can be completed alone or in student groups. The lesson has two parts. The first walks students through the content on judicial independence found on the Judicial Learning Center’s web page (judiciallearningcenter.org).

The second handout describes a fictitious, and silly, courtroom scenario, with 19 inaccurate statements woven in. 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, they should note what is wrong with the statement and provide a correction in the space given.

Educational Objectives: 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?

Materials List: • Access to laptops or computer lab and the internet • Handout Part 1 • Handout Part 2

Teacher Answer Guide Procedure: 1. Place students into groups of 2, 3, or 4 depending on your class size.

2. Distribute the handout for part 1, and instruct students to go to the Student Center pages at http://judiciallearningcenter.org/about-federal-judges/ and http://judiciallearningcenter.org/judicial-independence/ 3. Tell them to use the two web pages to complete the questions on the handout. Make sure they watch the video link from the Judicial Independence page.

4. 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.

5. 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.

iCivics www.icivics.org In The Judicial Branch teaching unit students will learn about the federal and state courts and what they do. They will explore the courts’ role in fairly settling disputes and administering justice, and the unique role of the U.S. Supreme Court in interpreting the U.S. Constitution.

One lesson in this unit is titled Judges: Playing Fair and takes a look at the role of fair and impartial courts in American life. Students learn about how judges are selected and held accountable. It also looks at how judges focus on the facts in order to keep things fair.

This resource is accompanied by a short video from the Informed Voters Project. https://ivp.nawj.org/

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6. Explain that there are many errors in the summary, and their job is to find them all.

7. Allow time to complete. When finished, discuss the answers from the teacher guide.

8. 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?

9. 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?

Access student handouts at: ht t p://jud icia l le a r n i ngc enter.org /w p - c ontent /up loads/2012/11/Lesson-Plan-Whats-Wrong-With-This-Court. pdf

Lesson Plan 2: Understanding the Types of Cases Corresponding Student Center Pages: Organization of the Federal Courts; State Courts vs. Federal Courts; How the Courts Work; Types of Court Cases Age Grade Level: 6-12 Suggested Time Needed: 1-2 class periods Description: The activities in this lesson can be assigned to students individually or in groups. In part 1, students will be asked to read and compare two current news stories and summarize the main differences between civil and criminal law suits. This should be completed before any detailed instruction on the differences between civil and criminal cases.

In part 2, students will use the Student Center webpages and/or a fact sheet to differentiate between federal and state court cases.

Educational Objectives: After completing this activity, students will: • Have a deeper understanding of the characteristics of civil and criminal lawsuits • Be able to pick out key differences in a news story, and determine the type of case from those clues • Be able to compare and contrast federal and state jurisdiction in simple terms • Apply knowledge of these differences to new situations by determining the jurisdiction of fictional scenarios.

Guiding Questions: • What are the main identifying components of a civil lawsuit?

• What are the main identifying components of a criminal lawsuit?

• How are civil and criminal lawsuits alike? How are they different?

• What is under the jurisdiction of the state court system?

The federal court system?

• What is general jurisdiction? What is limited jurisdiction?

Materials List: • Access to laptops or computer lab and the internet • Part 1 Handouts A. Article 1 B. Article 2 C. Student Worksheet D. Teacher Answer Key • Part 2 Handouts E. Fact Sheet F. Student Worksheet G. Teacher Answer Key H. Case Scenarios Procedure: Part 1 – Civil or Criminal?

1. Explain to students that they’ll be reading about two different types of court cases, and that they’ll be asked to answer questions to help them understand the differences.

Distribute copies of the 2 news stories (HANDOUT A & B) to all students, and ask them to read both silently.

You may prefer to group them in pairs to answer the questions. Don’t explain the differences between criminal and civil yet.

2. Allow time for students to read both articles.

3. Distribute the student worksheet comparing criminal and civil lawsuits (HANDOUT C). Allow time for student

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8 LAW WISE | NOVEMBER/DECEMBER 2017

pairs to answer the questions. The last question about the standard of proof will be difficult for students to answer from the articles, but can easily be answered by you in the summary discussion.

4. Conclusion: Ask for volunteers to summarize each article.

Then ask for volunteers to share each answer about these specific cases. Finally, distribute the summary handout (HANDOUT D) that explains general differences between the two types of cases and discuss. a. Criminal case: A defendant is charged with a crime.

The case is initiated by the government, through a prosecutor, who is an attorney for the government. The government must prove that the defendant is guilty beyond a reasonable doubt. The punishment for guilt can be incarceration, a fine, or possibly the death penalty. The defendant has a constitutional right to a jury trial, and to be defended by an attorney. b. Civil case: An individual, the plaintiff, who feels wronged or injured initiates a case by entering a complaint against the defendant. The plaintiff must show by a preponderance of the evidence (more likely than not) that the defendant’s actions or negligence caused the harm or injury. The losing party could be ordered to reimburse the loss. Either party can be a person, corporation, or government entity.

5. Optional Extension: a. Visit the computer lab. Research local or national news to find additional examples of civil and criminal cases.

Give prizes to the student or group who can find the most in a set amount of time.

Part 2 – What makes it a federal case?

1. Ask students to recall what they know about federalism, our dual system of government. Explain that there are two court systems operating side by side: state and federal. Each court system has its own jurisdiction, or area of power. Some types of cases fall under the jurisdiction of the state court system, while others will be heard in the federal courts.

2. Direct students to visit these two pages on the Judicial Learning Center website – a. How Courts Work; Types of Court Cases http://judiciallearningcenter.org/types-ofcourt-cases/ b. Organization of the Federal Courts; State Courts v. Federal Courts http://judiciallearningcenter. org/state-courts-vs-federal-courts/ c. If internet access is not available, distribute copies of Fact Sheet: Comparing State and Federal Courts (HANDOUT E) instead.

3. Distribute the Student Worksheet: State and Federal Jurisdiction (HANDOUT F), and ask students to complete it individually or in pairs. Allow time to complete, then go over the answers to be sure everyone has all answers cor-

rect. (Answers = HANDOUT G) 4. Instruct students to decide whether each of their two example cases (FROM THE ARTICLES ON HANDOUTS A & B) would be heard in state or federal court, and give reasons. a. Article 1: This civil case was heard in STATE COURT, because all parties are from one state, and it doesn’t involve the U.S. Constitution or other federal laws. b. Article 2: This criminal case was heard in FEDERAL COURT, because it involves bank fraud, which is a federal crime. The article explains that the crime was investigated by the FBI (Federal Bureau of Investigation) and prosecuted by the United States Attorney.

5. Ask for a volunteer for each, and discuss the correct answers.

6. Write each of these headings (state criminal, state civil, federal criminal, federal civil) on the board.

7. Distribute slips of paper with case scenarios to pairs or groups of students, and allow 2 minutes for them to decide the correct jurisdiction.

8. Direct students to post their example under the correct category. Post the two original news stories first as examples.

9. Conclusion: Go through the 4 columns on the board as a class, making any corrections needed. Discuss the corrected lists with the class. a. State criminal b. State civil c. Federal criminal d. Federal civil 10. Optional Extension: a. Visit the computer lab. Research local or national news to find additional examples of federal or state court cases. Give prizes to the student or group who can find the most in a set amount of time.

11. Review the Guiding Questions • What are the main identifying components of a civil lawsuit?

• What are the main identifying components of a criminal lawsuit?

• How are civil and criminal lawsuits alike? How are they different?

• What is under the jurisdiction of the state court system?

The federal court system?

• What is general jurisdiction? What is limited jurisdiction?

Access handouts at: http://judiciallearningcenter.org/wp-content/uploads/2012/11/Lesson-Plan-Types-of-Cases.pdf

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