Claim Your Jurisdiction Game: Three-Class PeriodsSource: 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. It was updated in 2012 by staff at the Washington State Administrative Office of the Courts (AOC). For more information, contact AOC Court Services, 1206 Quince Street SE, PO Box 41170, Olympia, Washington 98504-1170. For an electronic copy of this lesson, or to view other lesson plans, visit Educational Resources on the Washington Courts Web site at: www.courts.wa.gov/education/. Objectives:
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 Requirement:
Grade Level: Grades 8-12 Time: Three class periods (approximately 150 minutes) Materials: Docu-camera Slide 1 — Diagram of State and Federal Courts.
Procedures:
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 when the case is first filed, 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, the state Legislature, and municipalities. Pass out Handout 3 on federal courts to each student in groups 1a, 1b, and 1c. Pass out A Guide to Washington’s Courts to each student in the five remaining groups, 1d, 1e, 1f, 1g, and 1h. (These can be downloaded from www.courts.wa.gov/education) 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. Note for teacher: Handout 4 includes the points that should be made during each presentation. After all presentations, you may distribute this Handout or you may collect students’ answers and check them using Handout 4. Today, Indian tribes are greatly controlled by the U.S. government, but they have remained "a separate people, with the power of regulating their internal and social relations." According to federal law, the tribes keep all aspects of independence that have not been terminated by Congress and that are not "inconsistent with their status as a dependent tribe." A tribe has the power to determine tribal membership, to regulate domestic relations among its members and to write rules for the inheritance of property. In addition, a tribe has the authority to enforce its criminal laws against its own members. The Claim Your Jurisdiction Game does not include the tribal courts, but this would make an interesting extension activity for students to research. 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.
Have the teacher keep track of the score on the board, using a grid:
Use most of the rest of the class period on this activity. ************************************** Scenarios and Answers
Martha shoots and kills her husband in Washington State. The state prosecutor brings charges in which court? Answer: Superior court. Since the state prosecutor is bringing the charges, the case is in a Washington court that hears felonies. Note that if the case had been brought by an Assistant U.S. Attorney, the federal prosecutor, it would be because the person killed was a federal officer or the killing took place on federal property, such as a military base. 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 division). Landlord-tenant issues are state issues and when the amount in question is less than $5,000, the case would go to small claims, a division of district court. 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. Generally, appeals from state superior courts go to the Court of Appeals for the division that that specific superior court is in. However, because the most serious penalty, the death penalty, has been ordered, the case will skip the Court of Appeals and go directly to the State Supreme Court. Charlene is being tried for burning the American flag in front of the post office in Seattle. The Assistant United States Attorney files charges against her in which court? Answer: United States District Court. The Assistant U.S. Attorney is the federal prosecutor, so this case is being charged in the federal trial court. The case involves the federal issue whether free speech covers the burning of the flag. This case could have been brought by a local prosecutor in a state if there were a state law banning the destruction of the U.S. flag. State courts have an obligation to determine Constitutional rights. Charlene appeals her conviction of defacing an American flag to which court? Answer: United States Court 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 and review the case directly. This is what happened in the Seattle flag burning case. Martha appeals her conviction in superior court for murder in the second degree to which court? Answer: Washington State Court of Appeals. This is the normal appeals route in state court. Alice Singer sues a famous band for stealing her song and violating her copyright in which court? Answer: United States District Court. The federal court has exclusive jurisdiction over copyright cases, so the case will be filed in the federal court. Answer: Municipal court. Her citation was issued within a city, so that the city court, the municipal court, will hear her case. Yolanda was in a car accident in which she injured her neck. She sues the driver of the other car for $80,000 in which court? Answer: Superior court. Civil cases in which the amount is $75,000 or greater must be brought in superior court. Regina is charged with a misdemeanor of fourth degree assault in which court? Answer: District court or municipal court. Both district and municipal courts have jurisdiction over misdemeanors. Depending upon where the assault occurred, it will be brought as a case in district or municipal court. 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. This is the normal appeals route for state convictions in superior court. The United States District Court 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 Courts of Appeals for the Ninth Circuit. This is the normal appeals route for cases decided by the federal trial court. The United States Courts of Appeals upholds the United States District Court’s ruling that the state initiative to terminate mandatory busing is unconstitutional. The state asks which court to review the decision? Answer: United States Supreme Court. The state may ask the highest court to review this decision. This is a discretionary on the part of the U.S. Supreme Court whether to take this case. The federal courts have jurisdiction in this case because it is an interpretation of the U.S. Constitution. 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. Note this case could have been brought in the federal court system, as both the state and federal courts have the duty to uphold the U.S. Constitution. Jesse is arrested for driving while intoxicated within the city limits of a large city. In which court is he charged? Answer: Municipal court or district court. Generally, if arrested within the city limits, the case will go to municipal court. 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 Court or superior court. The federal trial court can hear this case because of diversity jurisdiction – the parties are from different states and more than $75,000 is being claimed in damages. Also, the superior court can hear cases where the amount of damages is $75,000 or more. Disabled individuals appeal a jury verdict that a movie theater did not violate their rights under the federal Americans with Disabilities Act. In which court is the appeal filed? Answer: United States Courts of Appeals or the State Court of Appeals. The federal courts have jurisdiction because the claim is being brought under a federal statute (law passed by Congress). However, state courts have concurrent jurisdiction with federal courts over ADA claims. Answer: United States Supreme Court. The next level court from the state’s highest court is the U.S. Supreme Court. 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. The next level of review is with the Washington State Supreme Court. However it is a discretionary court of review and does not have to hear the case. Answer: Municipal court. This is a violation of a local ordinance passed by a municipality, so her violation will be in municipal court. T’Andre, who is 14, is charged with theft in which court? Answer: Superior court (juvenile division). Juveniles are generally tried in a division of the superior court, called the juvenile division. Some juvenile cases because of the age and seriousness of the offense may be tried as adults in the regular superior court. *************************************** Docu-Camera Slide 1FEDERAL AND STATE COURTS – OVERVIEW FOR WASHINGTON
HANDOUT 1aUnited States Supreme CourtYour 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 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.
HANDOUT 1bUnited States Courts of AppealsYour group has been assigned the United States 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 Courts of Appeals (e.g., the home page of the federal courts at 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 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 Courts of Appeals have heard or could hear.
HANDOUT 1cUnited States District CourtsYour 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 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.
HANDOUT 1dWashington State Supreme CourtYour 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 www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.display&altMenu=Citi&folderID=jury_guide&fileID=supreme. 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.
HANDOUT 1eWashington State Court of AppealsYour 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 www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.display&altMenu=Citi&folderID=jury_guide&fileID=appeals#P3_20. 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.
HANDOUT 1fSuperior Courts (State)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 www.courts.wa.gov/newsinfo/resources/index.cfm?fa=newsinfo_jury.display&altMenu=Citi&folderID=jury_guide&fileID=superior. 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.
HANDOUT 1gDistrict Courts (State)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 www.courts.wa.gov/newsinfo/resources/index.cfm?fa=newsinfo_jury.display&altMenu=Citi&folderID=jury_guide&fileID=limited#P2_30. 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.
HANDOUT 1hMunicipal CourtsYour group has been assigned the municipal 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 www.courts.wa.gov/newsinfo/resources/index.cfm?fa=newsinfo_jury.display&altMenu=Citi&folderID=jury_guide&fileID=limited#P2_30. You may include any relevant information about the courts, but at a minimum, you must include: What is the municipal 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 municipal courts could hear.
HANDOUT 2
HANDOUT 3Federal Court SystemThe 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." Congress also has the authority to set limits on the jurisdiction of the federal courts. Cases involving the following subjects may be heard by federal courts:
Cases involving the following parties may be heard by the federal courts:
Cases occurring in certain locations are heard in federal court:
(There are a few other types of jurisdiction over parties, but these are the most common.) Sometimes, state courts can 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 certain federal laws. 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 Courts of Appeals; and the United States District Courts in 94 judicial districts. (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 federal district courts. The United States District Court for Eastern Washington has its main court offices in Spokane, with court offices in Richland and Yakima. The United States District Court for Western Washington has its court offices in Seattle and Tacoma. The United States Court of Appeals for the 9th Circuit in San Francisco decides appeals from both United States District Courts in Washington, as well as from District Courts from many other western states and territories. Generally, federal cases begin in the trial court, the United States District Courts. Plaintiffs file their federal civil cases or diversity jurisdiction 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 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 Courts of Appeals, through a petition for certiorari or in limited cases, an appeal. The United States Supreme Court receives about 8,000 petitions for certiorari each year. 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 Courts of Appeals. In recent years, the Supreme Court issued opinions in about 75-80 cases. Article III of the Constitution allows the Supreme Court to hear some cases first (called original jurisdiction), such as with cases of ambassadors and consuls, between two or more states, between the United States and a state, or where a state sues the citizens of another state. However, the lower federal courts can also hear these cases since the Supreme Court’s jurisdiction is original but NOT exclusive. The one exception is cases in which states are suing other states. The only court that can hear a state-against-state case is the Supreme Court, but it can hear that case only if it passes a two-part test. HANDOUT 4
Transparency 2
|
| Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library |
| Back to Top | Privacy and Disclaimer Notices |