Judges in the Classroom Lesson Plan

Claim Your Jurisdiction Game

Source:

The concept for the game was originally created by New Mexico Law-Related Education, a program of the New Mexico Bar Foundation, and is used with their permission. The Institute for Citizen Education in the Law adapted the lesson and updated it in 1999. Staff at the Washington State Office of the Administrator for the Courts (OAC) edited the lesson. For more information, contact OAC Judicial Education, 1206 Quince Street SE, PO Box 41170, Olympia, WA 98504-1170.

Objectives:

1. Students will identify the levels within the judicial system.

2. Students will identify the courts in the federal and state systems; students will then identify which court would handle a particular type of case.

3. Students will list the differences between federal and state court jurisdiction.

Grade Level:

Grades 8-12

Time:

One class period (approximately 50 minutes)

Materials:

Transparency 1 - Diagram of State and Federal Courts (master included)
One copy of Handout 1 (Federal and State Courts - Overview for Washington) for each student
One copy of Handout 2 (Federal and State Courts - Vocabulary List) for each student
Eight signs saying "Claim" on one side and "Do Not Claim" on the other side
Paper and markers for eight groups to make signs identifying their court

Procedures:

1. Begin the class by introducing yourself to the students, and telling a little bit about what you do, if this is your first class.

2. Tell students they will play a game, after you review the structure of the court system with them. (Alternatively, the students can research an assigned court and make presentations about their court to the rest of the class, in advance of the judge's visit.) Explain that the information you will give will be important in playing the game.

3. Put up transparency 1 or draw diagram on the board. Describe the structure of the federal and state courts to the class. The two court systems are composed of the federal and state court systems. The three levels of federal courts include the U.S. Supreme Court, the U.S. Circuit Courts of Appeals, and the U.S. District Courts.

Explain that the five levels of state courts include the Washington Supreme Court, the Washington State Courts of Appeals, Superior Courts, District Courts, and Municipal Courts/Traffic Violation Bureaus.

4. Begin by asking students:

What is the difference between a trial and an appellate court? Point out that trial courts hear testimony, consider the evidence, and decide the facts of the case. A trial court may sit with or without a jury. A trial in which just the judge hears the case without a jury is called a bench trial. Once a trial court has decided the case, the losing party may appeal the case to an appellate court.

5. Write the word "jurisdiction" on the board. Ask the class what this word means.

Explain the derivation of the word "jurisdiction" is from Latin, "to say the law." When a court has jurisdiction of a case, that court has the power to hear that case. Original jurisdiction is the authority to consider and decide cases in the first instance, as distinguished from appellate jurisdiction, which is the authority to review a lower court's decision.

Involve the students in the discussion as much as possible, by soliciting examples of cases they know or examples to which students can relate. Take about 15 minutes in total to describe the judicial system.

Federal Court System:

The federal courts are courts of limited jurisdiction. Article III, section 2 of the Constitution empowers the federal courts to hear only cases involving certain subject matters or certain persons. This is called "subject matter jurisdiction" and "jurisdiction over the parties."

Cases involving the following subjects may be heard by federal courts:

1. cases arising under the United States Constitution;
   
2. cases arising under the laws of the United States and treaties; and
   
3. cases of maritime or admiralty jurisdiction (which means cases arising on the navigable waters of the U.S. or the high seas or directly related to maritime matters).

1. the United States and one of its officers;
   
2. an ambassador or consul or official of a foreign government;
   
3. one state suing another state, or a citizen of another state;
   
4. citizens of a state, or a state itself, suing a foreign government or foreign citizen; and
   
5. citizens of different states suing one another. This last type of jurisdiction, called diversity jurisdiction, is the most commonly used. Congress has passed a law requiring that at least $75,000 must be involved in the case before the federal court has this "diversity" jurisdiction.

Sometimes, Congress has given authority to state courts to hear cases that can also be heard in federal courts. This is called concurrent jurisdiction. State courts share jurisdiction of most of the above types of cases with the federal courts, except in certain areas where the federal courts have exclusive jurisdiction, such as a case involving an ambassador, patents and copyrights, or violations of a federal law.

So, for example, prisoners may sue state prison administrators for violation of their constitutional rights in either federal or state courts, because state as well as federal courts have the duty to apply the U.S. Constitution.

The federal court system consists of the United States Supreme Court at the top; the 13 U.S. Circuit Courts of Appeal; and the 94 U.S. District Courts. (There are also some specialized federal courts that are not included here.)

The U.S. district courts are the federal trial courts. Washington State has two district courts. One district court is for eastern Washington, with the main court office located in Spokane and another court office in Yakima. The second district court for western Washington, with the main court office located in Seattle and another court office in Tacoma.

Generally, federal cases begin in the trial court, the U.S. District Court. Plaintiffs file their federal civil cases and federal prosecutors file their federal criminal cases in U.S. District Court. Parties to cases that are dissatisfied with the outcome in U.S. District Court may appeal their cases to the U.S. Circuit Court of Appeals. The U.S. Supreme Court at the top of the court structure may be asked to review the decision of the U.S. Circuit Court of Appeals, through a petition for certiorari or in limited cases, by an appeal.

The U.S. Supreme Court disposes of about 5,000 cases a year, many in a summary format. Most cases come to the Supreme Court through a petition for certiorari. The loser in the case at a lower court petitions the Supreme Court to review the case, but the Court is not required to do so. The Supreme Court selects those cases that are very important to the country and where there may be differences of outcomes in the 13 U.S. Circuit Courts of Appeals. A smaller number of Supreme Court cases are appeals from lower courts, in which the constitutionality of a statute is in question. In these cases, the Supreme Court must hear the appeal. In a rare case, Article III of the Constitution allows the Supreme Court to hear the case first (called original jurisdiction), as with cases of ambassadors and consuls, or in suits between two or more states. Examples include suits in which two or more states are disputing the boundary line, or a state is claiming that another state is interfering with the waters that flow into the state.

Washington State Court System:

The Washington Supreme Court, located in Olympia, is the state's highest court. The decisions of this court set the law for all the other state courts in Washington.

Generally, cases are appealed from Superior Court to the Washington Court of Appeals in the appropriate division, and then to the Washington Supreme Court. Sometimes though, a case has such broad public interest and requires a prompt and final decision by the Washington Supreme Court that it will go directly from Superior Court to the Washington Supreme Court.

Appeals where the death penalty has been ordered go directly from the Superior Court to the Supreme Court. Appeal directly from Superior Court to the Washington Supreme Court is also permitted when the case involves a state official, when a trial court has ruled a statute or ordinance is unconstitutional, and when conflicting laws are involved.

The Court of Appeals hears most cases appealed from Superior Court. Each case is decided only after a transcript (written record of everything that was said in the trial proceedings in Superior Court -- or a video recording) is reviewed and oral and written arguments, called briefs, have been considered. No witnesses testify in appeals cases.

The Court of Appeals is divided into three divisions and each division serves a geographic area of the state.

Superior Courts or courts of general jurisdiction are found in each of Washington's 39 counties. These trial courts have the authority to hear all types of civil and criminal cases and to act as appeals courts for cases from district and municipal courts. They are the only state courts that can hold trials for civil cases involving over $50,000; title or possession of land (real property); legality of a tax, assessment, or toll; probate and domestic relations matters; felonies; and appeals from district and municipal courts. Juvenile matters are heard by a division of the Superior Courts. Because there is no limit on the civil and criminal cases they may handle, they are called general jurisdiction courts.

Courts of limited jurisdiction include district courts (the small claims court is a division of the district court), municipal courts, and traffic violation bureaus; these courts can only hear certain types of cases. However, courts of limited jurisdiction hear seven out of every eight legal cases (excluding parking infractions) filed in state court. This is mainly because traffic violations and misdemeanor cases are heard in these courts.

District courts can hear either criminal or civil matters. Examples are driving under the influence (DUI), hit-and-run, and driving with a suspended license. Persons convicted in limited jurisdiction courts may be sentenced up to $5,000 in fines, a year in jail, or both. Courts of limited jurisdiction may also hold preliminary hearings for felony cases.

District courts also have jurisdiction over traffic infractions. The maximum penalty for traffic infractions is a monetary fine; no jail penalty may be imposed. District courts may also issue domestic violence and anti-harassment protection orders. They may also hear change-of-name petitions and certain lien foresclosures.

Districts courts may hear civil matters such as personal injury or property damages and contract disputes in amounts up to $50,000.

The small claims department of the district courts is limited to money claims of $2,500. People represent themselves without attorneys and witnesses generally cannot be compelled to come to court.

When individuals violate municipal or city ordinances, the cases are tried in municipal and traffic violation bureaus. A judge may impose fines of up to $5,000, a year in jail, or both. Some cities arrange to have their district court handle these types of cases.

6. Announce to the class that you will now play a game. Divide the class into the following eight groups (or modify the groups for your area). Give each group a group number and ask each group to make a sign identifying its court by name and number.
   • Municipal Court and Traffic Violation Bureau
   • District Court and Small Claims Court
   • Superior Court
   • Washington State Court of Appeals
   • Washington State Supreme Court
   • U.S. District Court
   • U.S. Ninth Circuit Court of Appeals
   • U.S. Supreme Court

   Pass out the "Claim" and "Do Not Claim" signs.

7. Explain that you will describe a number of cases. Each group will caucus and decide whether their court has jurisdiction to hear that case. After one minute, ask the groups to hold up their signs either claiming or not claiming jurisdiction of the case. Teams get three points for correctly claiming jurisdiction, one point for correctly not claiming jurisdiction, and a minus three points for incorrectly claiming or not claiming jurisdiction.

8. Have the teacher keep track of the score on the board, using a grid:

   SCORE
   Case	Group 1	Group 2	Group 3	Etc.
   a.
   b.
   c.
   d.

   Use most of the rest of the class period on this activity.

CASES AND ANSWERS

1. Martha shoots and kills her husband in Washington State. The state prosecutor bring charges in which court?

   Answer: Superior Court

2. Larry's landlord refuses to return his damage deposit of $450 when Larry moves out of his apartment, even though the apartment is in excellent condition. Larry wants to sue his landlord, but doesn't want to hire a lawyer. In which court can Larry file suit?

Answer: District Court (Small Claims Court)

3. Frank has been convicted of murder in Superior Court and his sentence is the death penalty. He appeals his case to which court?

Answer: Washington State Supreme Court

4. Charlene is being tried for burning the American flag in front of the Post Office. The U.S. Attorney files charges against her.

Answer: U.S. District Court

5. Charlene appeals her conviction of defacing an American flag to which court?

Answer: U.S. Ninth Circuit Court of Appeals or U.S. Supreme Court

The usual route of appeal from the U.S. District Court is to the U.S. Court of Appeals. In certain cases, such as the flag burning case, where a speedy resolution of an issue by the U.S. Supreme Court is warranted, the U.S. Supreme Court will hear the appeal directly. This is what happened in the Seattle flag burning case.

6. Martha appeals her conviction in Superior Court for murder in the second degree to which court?

Answer: Washington State Court of Appeals

7. Alice Singer sues a famous band for stealing her song and violating her copyright in which court?

Answer: U.S. District Court

8. Kelly is cited for her disruptive behavior on a city bus. Which court will hear her case?

Answer: Municipal Court/Traffic Violations Bureau

1. Yolanda was in a car accident in which she injured her neck. She sues the driver of the other car for $60,000 in which court?

Answer: Superior Court

10. Regina is charged with a misdemeanor of fourth degree assault in which court?

Answer: District Court

11. Arnold was convicted of burglary in the first degree by a jury in Superior Court. He appeals his conviction to which court?

Answer: Washington State Court of Appeals

12. The U.S. District Court for the Western District of Washington rules that the state initiative to terminate mandatory busing violates the equal protection clause of the U.S. Constitution. The state of Washington appeals to which court?

Answer: U.S. Ninth Circuit Court of Appeals

13. The U.S. Court of Appeals for the Ninth Circuit upholds the U.S. District Court's ruling that the state initiative to terminate mandatory busing is unconstitutional. The state appeals to which court?

Answer: U.S. Supreme Court

14. A Superior Court judge rules that the state law against cross burning is unconstitutional. The prosecutor appeals this decision to which court?

Answer: Washington State Supreme Court or Washington Court of Appeals,

The usual route of appeal from the Superior Court is to the state court of appeals. In certain cases where a speedy resolution is warranted, the state Supreme Court will hear the appeal directly.

15. Jesse is arrested for driving under the influence within the city limits of a large city. In which court is he charged?

Answer: Municipal Court/Traffic Violations Bureau or District Court

16. Elizabeth, who lives in Seattle, crashes her car into Juan's sports utility vehicle, causing injuries and damages of $120,000. Juan, who is from Oregon, files a lawsuit in which court?

Answer: U.S. District Court or Superior Court

17. Disabled individuals appeal a jury verdict that a movie theater had not violated their rights under the federal Americans with Disabilities Act. In which court is the appeal filed?

Answer: U.S. Circuit Court of Appeals

18. Inmates asks this court to review their case from the state's supreme court, claiming that the jail failed to provide them with basic human needs.

Answer: U.S. Supreme Court

19. The State Court of Appeals overturns Austin's conviction for selling drugs, based on an illegal search and seizure. The state asks which court to review the decision?

Answer: Washington State Supreme Court

20. Manya is cited for sitting on the sidewalk in violation of a local ordinance. In which court will her case be tried?

Answer: Municipal Court or Traffic Violation Bureau