DRAW A LINE SEPARATING TODAY & YESTERDAY 1) Write: Date: 09/03/10 , Topic: Moot Court 2) Next line, write “ Opener #8 ” and then: 1) Write 1 high + 1 low in last 24 hours 2) Rate your understanding of yesterday: lost < 1-5 > too easy (3 is perfect) 3) Respond to the Opener by writing at least 1 sentences about : Your opinions/thoughts OR/AND Questions sparked by the clip OR/AND Summary of the clip OR/AND Announcements: None
Agenda 1) First Case Intro Primary Objective 1) What is the role of the courts? Reminder 1) Homework: complete e-forms at: govandlaw.org/mvhs
Notes #7a , Title: “ Judiciary Notes ” 4) Judicial Review : Cases brought to it, judiciary’s power to interpret what laws mean (Marbury v Madison: strike part of Jud Act 1789)
Notes #8a , Title: “ Judiciary Notes ” 1) Loose Interpretation : Interpret Constitution loosely to evolve with changing times. 2) Strict Interpretation : Stick to literal word meaning of the Constitution
Journ #8a , “ Con Interpretation Debate ” 1) Read the 2 sides, choose 1 side, and write which you choose and explain why . 2) Then write down what your partner thinks ( include their name at the end ). 1 2 3 4 5 CON: Strict 1) More predictable 2) If times change, then let Congress amend the Constitution. 3) Federal judges are nominated for life, its too much power to let decide what laws are. PRO: Loose 1) Strict can lead to unpractical outcomes 2) Times change, laws need to reflect change. 3) The courts are the most qualified to determine the meaning of laws (laws will always need interpreter)
Notes #8b , Title: “ Judiciary Notes ” 3) Trial (Mock Trial) : First case, fact finding case 4) Appellate Case (Moot Court) : Appealed case, can only look at mistake of law ( mistakes by judges ) 5) Counsel : Lawyer 6) Judge/Justice (SC) : Decides what the law is 7) Jury : Decides what the facts are (what happened), jury can be waived. 8) Plantiff ( π or P ) : Harmed 9) Defendant ( Δ or D ) : Accused 10) Appellant ( a ) : Person who lost lower case, and appeals to higher ( 1: District Court > 2: Circuit Court of Appeals > 3: Supreme Court) 11) Respondant ( r ) : Person who must defend their lower case victory.
Journal #8b , Title “ Moot Court Prep ” FILL-IN (a_) v. FILL-IN (r_) 1) Complete outline in journal: CASE OUTLINE 1) Greeting Statement 2) Issue Statement 3) Facts of the Case 4) Legal Arguments SKIP: Possible Rebuttals 5) Closing Statement 2) Write down your role , everyone does case outline , but now script what you plan to say during the case, work as a team Article 1, Section 8, Clause 3 (Interstate Commerce Clause) : “ To regulate Commerce with foreign Nations, and among the several States” ( TIP: Plaintiffs are arguing law is un constitut ) Article 1, Section 8, Clause 17 (NPC) : “ To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers” ROLES (A and R) 1a) Greeting Statement 1b) Issue Statements 1c) Facts 2) Initial Arguments (2x if 5) 3) Rebuttals 4) Closing Statements Judges special, see Chiang.
Journal #9a , Title “ Moot Court Prep ” Article 1, Section 8, Clause 3 (Interstate Commerce Clause) : “ To regulate Commerce with foreign Nations, and among the several States” Article 1, Section 8, Clause 17 (NPC) : “ To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers” Oral Argument Structure 1) Greeting Statements (both sides come up) 2) Issue Statements (both sides come up) 3) Facts(both sides come up) 4) Initial Arguments (appellant first, respondent second) 5) Rebuttals (appellant first, respondent second) 6) Closing Statements(both sides come up) 1a) +:things they did well –:things to improve 1b) The real outcome of the case + Chiang’s tips. 2…4b)
Journal #9b , Title “ Video: Constitution Overview ” 1) Copy Source Title: Annenberg 2…) Discuss questions on the board with a partner. Summarize your discussion ( include their name at the end ). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Journal Sections Time Bookmark: 00:00
Answer the following 4 questions: 1) Rate your understanding of yesterday: lost<1-5>too easy (3 is perfect) 2) What worked well for you and/or you really enjoyed learning this week? 3) What do you suggest we change and/or did not work to further your learning this week? 4) What are topics/ideas we learned this week that you think needs more attention before being on a test?