Washington State Courts

Judges in the Classroom Lesson Plan

Claim Your Jurisdiction Game: Three-Class Periods

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. It was updated in 2019 by staff at the Washington State Administrative Office of the Courts (AOC). For more information, contact AOC, Temple of Justice, 415 12th Ave SW, PO Box 41174, Olympia, Washington 98504-1174. For an electronic copy of this lesson, or to view other lesson plans, visit Judges in the Classroom on the Washington Courts Web site at: www.courts.wa.gov/education/

Objectives:

Students will identify the levels within the judicial system.
Students will identify the courts in the federal and state systems; students will then identify which court would handle a particular type of case.
Students will list the differences between federal and state court jurisdiction.

Grade Level:

Grades 8-12

Time:

Three class periods (approximately 150 minutes)

Materials:

Docu-Camera Slide 1 — Diagram of State and Federal Courts.
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 Guide to Washington’s Courts, 2011 edition.
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).
Docu-Camera Slide 2 — Cases.
PowerPoint Slides— What do you know about courts?

Procedures:

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.
Put up Docu-Camera Slide 1 on the docu-camera 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 Courts of Appeals, and the United States District Courts.
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.
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 bench trial is one in which a judge hears the case without a jury. Once a trial court has decided the case, the losing party may appeal the case to an appellate court.
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 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 limited and is defined by the Constitution and by Congress. Congress has the right to take away jurisdiction from the federal courts, as it did when it passed a law taking away the ability of federal courts to hear civil cases brought by a prisoner for mental or emotional injuries, unless there is a prior showing of physical injury. The jurisdiction of the state courts is defined by the Washington State Constitution, the state Legislature, and municipalities. State courts have general jurisdiction.
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 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.
Inform students that there are also tribal courts within the state. Ask how many tribes are recognized by the federal government within Washington? Within the boundaries of Washington State, there are 29 federally recognized Native American Indian tribes, several not federally recognized tribes, and several reservations. Once Native Americans were a people who possessed full sovereignty over their lands. After the conquest by the Europeans, Indians' status was drastically altered to one of semi-independence.
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. See www.tribal-institute.org/lists/jurisdiction.htm for information on tribal jurisdiction compated to federal and state jurisdiction.
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 Courts of Appeals
- United States District Courts
- Washington State Supreme Court
- Washington State Court of Appeals
- Superior Courts
- District Courts and Small Claims
- Municipal Courts
Explain that you will describe a number of cases. You may do this by reading the example, and/or showing it on the docu-camera. (See Docu-Camera Slide 2)
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 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.
Conclude by assigning students to look in the newspaper or on the Internet, and find a case in court. Have the students identify which court it is in.

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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 $850 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 district court's division of small claims.
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. In Washington State in 2018, the State Supreme Court ruled that the death penalty as currently carried out is unconstitutional. The court stated that the death penalty was applied in an arbitrary and racially biased way. State v. Gregory, 192 Wash.2d 1.
Some parents with their children file a lawsuit against the state for failing to make ample provision for the education of all children residing with its borders as required by the Washington State Constitution. Which court will they file in?
Answer: Superior court. This is the trial court of general jurisdiction. The McCleary case, which dealt with these issues, was filed in the King County Superior Court in 2007.
The superior court judge ruled in favor of the parents along with their children that the state had failed in making ample provision for the education of all students, in violation of the Washington Constitution. Which court hears the State’s appeal?
Answer: The Washington State Supreme Court heard the appeal. Even though the normal route is to go to the Court of Appeals (in this case it would have been Division I), this case was deemed to present a fundamental and urgent issue of broad public import which requires a prompt and ultimate determination by the State Supreme Court.
Sara, who is 25 years old, is arrested for a small amount of marijuana in her purse. Which court would her case be in?
Answer: Since marijuana possession is legal under state law, this must have been possession in a federal location, such as a national park or federal building. This case would be in U.S. District Court. There is speculation that certain local law enforcement may choose to ignore state law and arrest individuals for small amounts of recreational marijuana possession, claiming their right under federal law. This interpretation by local law enforcement is not likely to be upheld by the courts.
The State of Washington filed a lawsuit against President Donald Trump claiming that the President’s executive order to ban certain groups of individuals entering the United States violated the Constitution. What court would hear this case?
Answer: United States District Court. The federal court has jurisdiction over the Naturalization Act and actions of the President.
A non-profit corporation opposed to United States support for Israel submitted an ad to run on the outside of county buses. After initially agreeing to accept the ad, the bus system rejected the ad saying it would likely result in vandalism and violence. In what court should the non-profit corporation file its case to claim a violation of free speech?
Answer: This case could be filed in either the U.S. District Court or the superior court.
After the non-profit lost its case to run the ads on the buses, to what court should it appeal?
Answer: If the case were filed in the U.S. District Court, it would go to the 9th Circuit Court of Appeals; if it was filed originally in the superior court, it would go to the Court of Appeals.
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.
Kelly is cited for her disruptive behavior on a city bus. Which court will hear her case?
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 $90,000 in which court?
Answer: District court. Civil cases in which the amount is $100,000 are brought in state district court. If the other driver were from a different state, the case could be brought in U.S. District Court. This would be federal diversity jurisdiction.
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 $100,000 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.
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. 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.
Maya is cited for sitting on the sidewalk in violation of a local ordinance. In which court will her case be tried?
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.

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Docu-Camera Slide 1

FEDERAL AND STATE COURTS – OVERVIEW FOR WASHINGTON

HANDOUT 1a

United States Supreme Court

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 www.uscourts.gov). 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?