UNDERSTANDING BY DESIGN®
Enduring Understanding
- The judicial branch interprets the law and resolves disputes between parties. The power of judicial review serves as a check on the other branches of government.
Essential Questions
- What is the role of the judicial system in our democracy?
- What are the purposes of trials and appeals in our court systems?
- How are federal, state, and local courts organized?
Students will know:
- early systems of law and how they influenced the American system of law.
- that the judicial branch and the courts interpret the law.
- that one central purpose of the courts is to promote the rule of law.
- the meaning of judicial review.
- that an independent judiciary is essential to our democracy because courts must be required to act impartially.
- the difference between criminal trial courts and civil trial courts.
- the difference between an adversarial trial system and an inquisitorial trial system.
- the roles of the plaintiff, prosecutor, defendant, and jury in a trial.
- how public defenders are used to guarantee rights described in the Sixth Amendment.
- that most criminal cases are resolved through a plea bargain.
- why juries are an important component of the American legal system.
- that cases may be appealed due to errors of law and violations of procedural due process.
- that a case traveling through the court system starts in trial courts, proceeds to appeals courts, and ends at the state supreme courts and/or the U.S. Supreme Court.
- the difference between a majority opinion, a dissenting opinion, and a concurring opinion.
- the importance of precedent and stare decisis.
- that federal courts are limited in their jurisdiction and generally hear cases involving federal law or the federal constitution.
- that state courts are courts of general jurisdiction, meaning they are able to hear a wide variety of cases.
- that state judges are selected by a variety of methods.
- that federal judges are appointed by the president and approved by the Senate.
- that two other types of courts operate within the United States—military courts and tribal courts.
Students will be able to:
- explain how the judiciary acts according to the principles of democracy.
- describe the power of judicial review.
- identify how the judiciary acts as an independent branch of government.
- explain the function of trial courts.
- compare criminal trial courts and civil trial courts.
- outline the trial process.
- identify the importance of juries in the U.S. legal system.
- identify the characteristics of a successful appeal.
- describe the procedures followed by an appeals court.
- explain why precedent is used to help determine the outcome of an appeal.
- explain how jurisdiction is determined in a court case.
- describe the basic structure of federal, state, and local court systems.
- identify the role of military and tribal courts in the U.S. legal system.
Predictable Misunderstandings
Students may think:
- United States law comes entirely from the Constitution. It is actually based on laws and philosophies from many different periods of history and regions of the world. Students will find that elements of religious laws, such as the Ten Commandments, the laws of Ancient Rome, and English common law factor heavily into the American justice system.
- any sentence can be appealed and a retrial of a case will be heard. However, in order for a case to be appealed, there must be some proof that a sentence was given under a false pretense or that the presiding judge made a mistake regarding the law that was broken.
- that there are just one or two levels of court within each state and then the Supreme Court in Washington, D.C. Actually, there are many types of courts and circuits within each state, each with its own area of jurisdiction. Furthermore, there are courts that specialize in certain types of cases within each jurisdiction (divorce, child custody, traffic violations, etc.).
Assessment Evidence
Performance Tasks:
- Hands-On Chapter Project
Other Evidence:
- Guided Reading Activities
- Vocabulary Activity
- Lesson Quizzes
- Chapter Tests, Forms A and B
SUGGESTED PACING
½ day — Introducing the Chapter
1 day — Lesson 1
½ day — Lesson 2
½ day — Lesson 3
½ day — Lesson 4
½ day — Chapter Wrap-Up and Assessment
3.5 Days — Total
DIFFERENTIATED INSTRUCTION
The activities presented are suitable for all levels. Modifications for student ability levels are available for many of the activities. The types of modifications available are indicated by the icons below.
Approaching Level
Beyond Level
English Language Learner
All students benefit from activities that utilize different learning styles. Activities are designated with the labels below to help you differentiate teaching by the types of learners.
Intrapersonal
Logical/Mathematical
Visual/Spatial
Verbal/Linguistic
Interpersonal
Auditory/Musical
Kinesthetic
Naturalist