Judges in the Classroom Lesson Plan

Claim Your Jurisdiction Game: Getting Ready For Moot Court

Supreme Justice Curriculum - High School Level
WASHINGTON SUPREME JUSTICE SERIES
Lesson One

Claim Your Jurisdiction Game:
Getting Ready For Moot Court

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. For more information, contact the Washington State Office of the Administrator for the Courts (OAC), Judicial Education, 1206 Quince Street SE, PO Box 41170, Olympia, Washington 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.

Related Essential Learning Requirements:

While this lesson can positively address several of the Essential Academic Learning Requirements in Social Studies and Language Arts, the lesson plan identifies only those Learning Requirements most directly applicable.

As a result of this lesson, students will gain competence in the following Learning Requirements as approved February 26, 1997:

• Understand and explain the purpose and organization of the United States government: the executive, legislative, and judicial branches at, and among, the local, state, and federal levels of government. (Civics, EL 2, Bench 2.1)
  
• Understand the function and effect of law. (Civics, EL 2, Bench 2.2)

Grade Level:

Grades 8-12.

Time:

Three class periods (approximately 150 minutes)

Materials:

Transparency 1--diagram of state and federal courts (master included).
Handouts 1a-1h--(up to five of each handout to be given to eight different small groups).
Handout 2--blank grid for charting courts (one per student, both pages).
Handout 3--federal courts (one per student in three federal courts small groups - up to 15 total).
A Citizen's Guide to Washington's Courts, 1998 edition, classroom set (available from the OAC at no charge, 1206 Quince Street SE, PO Box 41170, Olympia, Washington 98504-1170). (One per student in five state court groups.)
Handout 4--completed grid for charting courts (one per student, both pages).
Eight signs saying "Claim" on one side and "Do Not Claim" on the other side (masters included).
Transparency 2--the Court Scenarios (master included).

Procedures:

1. Begin the class by telling students they will play a game after they learn more about state and federal courts. They'll spend two days researching and then presenting a five-minute seminar on a specific court. Explain that the information they learn from their research and from other students' presentations will be important in playing the game.

2. Put up Transparency 1 or draw diagram on the board. The eight courts to be researched are divided into federal and state courts. The three federal courts include the United States Supreme Court, the United States Circuit Courts of Appeals, and the United States District Courts.

3. Explain that the five state courts include the Washington State Supreme Court, the Washington State Court of Appeals, superior courts, district courts, and municipal courts/traffic violation bureaus.

4. Ask 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 reviews decisions that have been decided by a lower court.

The jurisdiction of the federal courts is defined by the Constitution and by Congress. The jurisdiction of the state courts is defined by the Washington State Constitution and the state Legislature.

6. Divide class into eight groups and assign each group to a specific court. Pass out Handouts 1a--1h, with an assigned court and directions for students in the group.

Pass out Handout 3 on federal courts to each student in groups 1a, 1b, and 1c. Pass out A Citizen's Guide to Washington's Courts to each student in the five remaining groups, 1d, 1e, 1f, 1g, and 1h.

Allow students to research and organize their five-minute presentations. This will carry over into the next day's class.

Students will make their presentations, being sure to address the three questions from their preparation sheet. The teacher should review the questions with students. Students need to identify what the jurisdiction of the specific court is and determine whether the court has original jurisdiction, meaning that the case starts in this court or appellate jurisdiction. If the court hears appeals from lower courts, does it have the discretion to choose which cases it will decide. Third, the students must list as least two examples of cases that have come from or could have come from this court.

Students hearing the presentations should fill in the blank sections on Handout 2, so that all blanks will be filled in once all presentations have been completed. Students should be encouraged to ask questions of the groups who are presenting.

7. Inform students that the next day's class will involve a game. Keep the class in the same eight groups. Give each group a Claim/Do Not Claim sign and ask each group to make a sign with the name of their court in large letters.
   • United States Supreme Court.
   • United States Circuit Courts of Appeals.
   • United States District Courts.
   • Washington State Supreme Court.
   • Washington State Court of Appeals.
   • Superior Courts.
   • District Courts and Small Claims Courts.
   • Municipal Courts/Traffic Violation Bureaus.

8. Explain that you will describe a number of cases. You may do this by reading the example, and/or showing it on an overhead (Transparency 2).

9. 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, three points for correctly not claiming jurisdiction, and minus three points for incorrectly claiming or not claiming jurisdiction.

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

Case	Supreme Court Group 1a	United States Circuit Courts of Appeals Group 1b	United States District Courts Group 1c	etc.
a.
b.
c.
etc.

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

10. Conclude by assigning students to look in the newspaper and find a case in court. Have the students identify which court it is in.

Scenarios and Answers

1. Martha shoots and kills her husband in Washington State. The state prosecutor brings 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 in Seattle. The United States Attorney files charges against her in which court?

Answer: United States District Courts.

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

Answer: United States Circuit Courts of Appeals or United States Supreme Court.

The usual route of appeal from the United States District Courts is to the United States Courts of Appeals. In certain cases, such as the flag burning case, where a speedy resolution of an issue by the United States Supreme Court is warranted, the United States 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: United States District Courts.

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

Answer: Municipal court/traffic violations bureau.

9. 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 United States District Courts rules that the state initiative to terminate mandatory busing violates the equal protection clause of the United States Constitution. The state of Washington appeals to which court?

Answer: United States Circuit Courts of Appeals.

13. The United States Circuit Courts of Appeals upholds the United States District Courts' ruling that the state initiative to terminate mandatory busing is unconstitutional. The state appeals to which court?

Answer: United States 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 State 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 while intoxicated 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: United States District Courts 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: United States Circuit Courts of Appeals.

18. Inmates ask 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: United States 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.

View Transparency 1

Your group has been assigned the United States Supreme Court. You and your group members will make a five-minute presentation to the class on this Court. In addition to the information provided by your teacher, you may review Article III of the United States Constitution and/or visit a website on the United States Supreme Court (e.g., the home page of the federal courts at http://www.uscourts.gov/about.html). You may include any relevant information about the Court, but at a minimum, you must include:

What is the United States Supreme Court's jurisdiction, that is, what kinds of cases can it decide?

Does it have original jurisdiction over any cases? Can it hear appeals? Does it have discretion about which cases it will hear?

Give two examples of cases that the United States Supreme Court has heard or could hear.

Your group has been assigned the United States Circuit Courts of Appeals. You and your group members will make a five-minute presentation to the class on these Courts. In addition to the information provided by your teacher, you may review Article III of the United States Constitution and/or visit a website on the United States Circuit Courts of Appeals (e.g., the home page of the federal courts at http://www.uscourts.gov/about.html). You may include any relevant information about the Court, but at a minimum, you must include:

What is the United States Circuit Courts of Appeals' jurisdiction, that is, what kinds of cases can they decide?

Does it have original jurisdiction over any cases? Can it hear appeals? Does it have discretion about which cases it will hear?

Give two examples of cases that the United States Circuit Courts of Appeals have heard or could hear.

Your group has been assigned the United States District Courts. You and your group members will make a five-minute presentation to the class on these Courts. In addition to the information provided by your teacher, you may review Article III of the United States Constitution and/or visit a website on the United States District Courts (e.g., the home page of the federal courts at http://www.uscourts.gov/about.html). You may include any relevant information about these Courts, but at a minimum, you must include:

What is the United States District Courts' jurisdiction, that is, what kinds of cases can they decide?

Does it have original jurisdiction over any cases? Can it hear appeals? Does it have discretion about which cases it will hear?

Give two examples of cases that the United States District Courts have heard or could hear.

Your group has been assigned the Washington State Supreme Court. You and your group members will make a five-minute presentation to the class on this Court. In addition to the information provided by your teacher, you may review the homepage of the Washington State courts found at http://www.wa.gov/appellate_trial_courts/. You may include any relevant information about the Court, but at a minimum, you must include:

What is the Washington State Supreme Court's jurisdiction, that is, what kinds of cases can it decide?

Does it have original jurisdiction over any cases? Can it hear appeals? Does it have discretion about which cases it will hear?

Give two examples of cases that the Washington State Supreme Court has heard or could hear.

Your group has been assigned the Washington State Court of Appeals. You and your group members will make a five-minute presentation to the class on these Courts. In addition to the information provided by your teacher, you may review the homepage of the Washington State courts found at http://www.wa.gov/appellate_trial_courts/. You may include any relevant information about the Courts, but at a minimum, you must include:

What is the Washington State Court of Appeals' jurisdiction, that is, what kinds of cases can they decide?

Does it have original jurisdiction over any cases? Can it hear appeals? Does it have discretion about which cases it will hear?

Give two examples of cases that the Washington State Court of Appeals have heard or could hear.

Your group has been assigned the superior courts. You and your group members will make a five-minute presentation to the class on these courts. In addition to the information provided by your teacher, you may review the homepage of the Washington State courts found at http://www.wa.gov/appellate_trial_courts/. You may include any relevant information about the courts, but at a minimum, you must include:

What is the superior courts' jurisdiction, that is, what kinds of cases can they decide?

Does it have original jurisdiction over any cases? Can it hear appeals? Does it have discretion about which cases it will hear?

Give two examples of cases that the superior courts have heard or could hear.

Your group has been assigned the district courts. You and your group members will make a five-minute presentation to the class on these courts. In addition to the information provided by your teacher, you may review the homepage of the Washington State courts found at http://www.wa.gov/appellate_trial_courts/. You may include any relevant information about the courts, but at a minimum, you must include:

What is the district courts' jurisdiction, that is, what kinds of cases can they decide?

Does it have original jurisdiction over any cases? Can it hear appeals? Does it have discretion about which cases it will hear?

Give two examples of cases that the district courts have heard or could hear.

Your group has been assigned the municipal courts/traffic violation bureaus. You and your group members will make a five-minute presentation to the class on these courts. In addition to the information provided by your teacher, you may review the homepage of the Washington State courts found at http://www.wa.gov/appellate_trial_courts/. You may include any relevant information about the courts, but at a minimum, you must include:

What is the municipal courts/traffic violation bureaus' jurisdiction, that is, what kinds of cases can they decide?

Does it have original jurisdiction over any cases? Can it hear appeals? Does it have discretion about which cases it will hear?

Give two examples of cases that the municipal courts/traffic violation bureaus have heard or could hear.

Handout 2

	Jurisdiction	Original Jurisdiction, Appeals, Discretionary Review	Sample Cases
United States Supreme Court
United States Circuit Courts of Appeals
United States District Courts

	Jurisdiction	Original Jurisdiction, Appeals, Discretionary Review	Sample Cases
Washington State Supreme Court
Washington State Court of Appeals
Superior Courts
District Courts
Municipal Courts or Traffic Violation Courts

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 United States 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 type of 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 state or federal courts, because federal as well as state courts have the duty to apply the United States Constitution.

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

Washington State has two federal district courts. The United States District Court for Eastern Washington has its main court office located in Spokane and another court office in Yakima. The United States District Court for Western Washington has its main court office located in Seattle and another court office in Tacoma. The United States Circuit Court of Appeals for the 9^th Circuit in San Francisco decides appeals from both United States District Courts in Washington.

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

The United States Supreme Court disposes of about 5000 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 that the Supreme Court 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 United States 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.

	Jurisdiction	Original Jurisdiction, Appeals, Discretionary Review	Sample Cases
United States Supreme Court	Cases involving the Constitution, federal laws and treaties; cases involving ambassadors, admiralty, and maritime laws; controversies to which the United States is a party; controversies between two or more states; controversies between citizens of different states when the disputed amount is $75,000 or more; controversies between citizens of the same state claiming lands under grants of different states; and controversies between a state or its citizens and foreign states or citizens.	Original jurisdiction in cases involving ambassadors and consuls, and in cases in which a state is a party (very limited). Appeals. Discretionary review.	Discretionary review of constitutionality of police search cases from state or federal court. Mandatory appeal from a state supreme court that ruled that a law passed by Congress is unconstitutional.
United States Circuit Courts of Appeals	Same as above, only no jurisdiction over cases between states.	Appeals.	Confirming conviction of federal prisoner.
United States District Courts	Same as above, only no jurisdiction over cases between states.	Original jurisdiction.	Finding defendant guilty of a federal crime. Finding jail liable for suicide of inmate because of unconstitutional conditions.
Washington State Supreme Court	Original jurisdiction over petitions against state officers, review decisions of lower courts if more than $200 involved (no dollar limit if case involves legality of tax or validity of a statute). Direct review of certain trial court decisions as well as all death penalty cases. Review of court of appeals decisions.	Original jurisdiction (petitions against state officers). Appeals. Discretionary review of court of appeals decisions.	Overturning trial court's imposition of the death penalty. Discretionary review of criminal conviction affirmed at the court of appeals.
Washington State Court of Appeals	All type of civil and criminal cases.	Appeals from superior court.	Affirming conviction for drug charges in superior court; reversing decision of trial court that defendant is liable for damages caused in automobile accident.
Superior Courts	All types of civil and criminal cases, including juvenile cases.	Original jurisdiction. Appeals from district courts.	Convicting defendant of sexual offense. Confirming small claims court finding that landlord owed tenant $1500 in damage deposit.
District Courts	Criminal jurisdiction over misdemeanors, gross misdemeanors, and criminal traffic cases. Can hold preliminary hearings for felony cases. Civil jurisdiction when injury is less than $50,000. Jurisdiction over traffic and non-traffic infractions, domestic violence and anti-harassment orders, change of name petitions, and lien foreclosures. Small claims division jurisdiction for up to $2500 in damages.	Original jurisdiction.	Deciding whether defendant is guilty of driving under the influence. Ordering car dealership to pay $25,000 to car purchaser in a fraud case.
Municipal Courts or Traffic Violation Bureaus	Violations of city or municipal ordinances, with ability to fine defendants up to $5000, a year in jail, or both.	Original jurisdiction.	Finding defendant liable for littering on the sidewalk in violation of municipal ordinance. Finding defendant liable for leaving a child under five unattended in a vehicle.

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

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

4. Charlene is being tried for burning the American flag in front of the post office in Seattle. The United States Attorney files charges against her in which court?

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

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

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

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

9. 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?

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

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

12. The United States District Courts rules that the state initiative to terminate mandatory busing violates the equal protection clause of the United States Constitution. The state of Washington appeals to which court?

13. The United States Circuit Courts of Appeals upholds the United States District Courts' ruling that the state initiative to terminate mandatory busing is unconstitutional. The state appeals to which court?

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

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

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?

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.

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?

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

JITC99/supremecourt/spjths1.doc.
11/99