WESTFIELD PUBLIC SCHOOLS
Westfield, New Jersey
Office of Instruction
Course of Study
INTRODUCTION TO LAW - 4228
School Westfield High School
Department Social Studies
Length of Course One Semester
Credit 2.5
Grade Level 9, 10, 11, 12
Date
I. RATIONALE, DESCRIPTION AND PURPOSE
A law-focused education curriculum offers students an opportunity to gain an operative understanding of how our system of laws and legal institutions work. The course provides students with a broad-based background in the general areas of the law, the court system, legal concepts and legal remedies. The course develops a citizenry that demands and expects a true realization of the better standards of justice, while providing students with a working knowledge of the law and the legal system which is useful in their everyday lives. In addition, the course improves understanding of the fundamental principles and values underlying the Constitution, our laws, and our legal system. Furthermore, the course promotes an awareness of current issues and controversies relating to law and the legal system, allowing and encouraging students to effectively participate in the U.S. legal system through simulations and debates; which ultimately brings about a greater sense of justice, tolerance, and fairness. Upon completion of this course, students develop an ability to resolve disputes through informal and formal methods.
II. OBJECTIVES
The following objectives are aligned with the NJ Student Learning Standards for Social Studies, English Language Arts, Visual and Performing Arts, Technology, and 21st Century Life and Careers.
Students:
A. Apply terms, concepts and theories pertaining to American law and the legal system in exploring debates and case studies
NJSLS for Social Studies 6.1, 6.3
NJSLS for English Language Arts RH.9-10.4-6, RH.9-10.8
NJSLS for English Language Arts SL1a-c, SL2, SL4
B. Identify the purpose of having laws and explore the laws which affect daily life
NJSLS for Social Studies 6.3
C. Distinguish between state and federal courts and between trial and appellate courts
NJSLS for Social Studies 6.1, 6.3
NJSLS for21st Century Skills 9.1, 9.3
D. Analyze scenarios to determine whether or not legal counsel should be sought
NJ SL for Social Studies 6.3
NJSLS for21st Century Skills 9.1, 9.3
E. Define criminal offenses and analyze factual situations in order to determine whether crimes have been committed
NJSLS for Social Studies 6.3
NJSLS for Technology 8.1
F. Explain the principles underlying a lawful arrest, search and seizure, and criminal trial procedure
NJ SLS for Social Studies 6.1, 6.3
NJSLS for English Language Arts SL1a-d, SL3, SL6
G. Describe the procedure followed in the juvenile justice system
NJSLS for Social Studies 6.3
K. Analyze individual rights and liberties cases in order to identify and weigh the competing interests and to determine a resolution for the conflict
NJ SLS for Social Studies 6.1, 6.3
L. Identify and explain the types of discrimination that the courts are least likely to approve and most likely to approve and explain why these categories may or may not be subject to strict judicial scrutiny
NJ SLS for Social Studies 6.1, 6.3
NJSLS for English Language Arts SL1acd, SL5
M. Evaluate the trial by jury system from various perspectives by assuming the roles of lawyer, witness or juror
NJSLS for Social Studies 6.1
NJSLS for Visual & Performing Arts 1.2
N. Identify and analyze New Jersey state statutes and Supreme Court decisions.
NJ SLS for Social Studies 6.1, 6.3
NJ SLS for Technology 8.2
III. CONTENT, SCOPE AND SEQUENCE
This curriculum is designed for students who want to pursue a detailed analysis of the American legal system. The introduction to the course defines what the law is and how the law is applied equally in a diverse society. The course focuses on the application of the law and an understanding of legal principles. Students need to think logically and critically as well as problem solve. The course includes case studies, role plays and small group exercises to give students the skill to maneuver in the moral complexities inherent in the law.
Each section of the content, scope and sequence begins with an essential thematic question whose exploration demonstrates the significance of the content, and is followed by supporting questions and a content outline. Legal topics not listed can also be incorporated when student interest makes that addition appropriate, such as case studies in family, consumer and property law.
A. Unit I: Legal System (suggested time 5 weeks)
Essential Question: How does the adversarial legal system operate in America and what role does morality play?
Supporting Questions:
1. What is law?
2. What types of laws exist?
3. How do social, political, economic and moral values impact the legal system?
4. How are they formed and implemented?
5. How are disputes settled outside of the legal system?
6. What are the major components of the adversarial system?
7. What role do lawyers have in the American legal system?
8. What is trial procedure in the American legal system?
Content Outline:
1. Definition of Law: rules and regulations made by government that regulate the conduct of people in society
a. areas regulated by government
b. difference between rules and legal systems
c. criminal laws regulate public conduct and set duties owed to society
d. civil laws regulate relationships between individuals/ groups
e. Constitution, legislature, voters, administrative agencies and appellate court decisions create laws
2. Values and the Law: how we use laws to monitor behavior
a. moral-stealing
b. political-how do we punish people who violate criminal statutes
c. economic-protecting private property (tax evasion)
d. social- prohibition, drug laws
3. Human Rights Issues: how the law attempts to create moral citizens
a. Declaration of Human Rights
b. bystander effect
c. social responsibility
d. Anti-Bullying Bill of Rights Act 2011
4. Legal System: introductory components
a. civil vs. criminal
b. burden of proof
c. limited government
d. federalism
e. separation of powers
f. judicial review
g. Bill of Rights
5. Settling Disputes
a. negotiation
b. arbitration
c. mediation
d. informal talking
e. court action –lawyers
6. Trial Procedure
a. Voir dire (jury selection)
b. steps in a trial
c. appellate procedure
B. Unit II: Juveniles and the Justice System (suggested time 5 weeks)
Essential Question: When and how is the criminal and juvenile justice system used to enforce the law?
Supporting Questions:
1. What are the key historical elements of the criminal and juvenile justice systems?
2. How prevalent is crime in public versus private schools?
3. Are the repercussions for school crime different for street crime?
4. Are preliminary crimes treated the same as primary crimes?
5. What are the differences between crimes against the person versus crimes against property? What are the punishments?
6. What are the potential civil liberty issues involved in the criminal justice system? How has treatment of juveniles evolved throughout history?
7. How does the philosophy of parens patriae influence the way juveniles are handled in the juvenile court system?
8. What is the current status of the juvenile justice system today?
Content Outline:
1. Criminal Elements
a. state of mind
b. elements
c. motive
d. strict liability
2. Agents of Crime
a. principal
b. accomplice
c. accessory before the fact
d. accessory after the fact
3. Preliminary Crimes
a. solicitation
b. conspiracy
c. attempt
d. overt act
4. Crimes Against the Person
a. battery
b. assault
c. sexual assault
d. stalking
e. statutory rape
f. rape
g. homicide
5. Crimes against Property
a. robbery
b. burglary
c. vandalism
d. larceny
e. embezzlement
f. extortion
g. forgery
h. uttering
i. receiving stolen property
j. carjacking
6. Defenses
a. noncriminal acts
b. insanity
c. infancy
d. intoxication
e. entrapment
f. duress/necessity
7. Juvenile Justice
a. establishment of Juvenile Justice system
b. status v. delinquent offenders
c. parental responsibility laws
d. juvenile rights in court
e. difference between juvenile and adult court system
C. Unit III: Civil Courts (suggested time 8 weeks)
Essential Question: How does the civil court system help protect people and avoid problems?
Supporting Questions:
1. What is a tort?
2. Who are plaintiffs?
3. What are damages?
4. Who should be considered liable and what remedies should be available to injured parties?
5. When is an injury a legal issue?
6. How does insurance protect people?
Content Outline:
1. Terms and definitions:
a. tort
b. plaintiff
c. judgment
d. defendant
e. damages
f. liable
g. remedy
h. liability
i. settlement
j. common law
2. Categories of Torts
a. intentional wrong
b. negligence
c. strict liability
3. Court cases involving Torts
a. preponderance of the evidence
b. immunity
c. class action lawsuits
d. contingency fee
e. deep pockets
4. Role of Insurance as Protection from Legal Action
a. liability insurance
b. contracts
c. premiums
d. malpractice insurance
e. no-fault insurance
IV. INSTRUCTIONAL TECHNIQUES
A variety of instructional techniques are utilized that encourage students to become active participants in the learning process and accommodate the readiness levels, interests and learning styles of all learners. Such techniques include:
A. Varying methods of instruction are utilized including lecture, inquiry, questioning, discussion, simulations, audiovisual presentations, group work and independent research
B. Graphs, charts, statistical data, court opinions, statutes, pictorial data and other related resources are used to explore essential questions in each unit
C. Community resources are used to enhance the classroom experience
D. Students are required to become actively involved in the development of their knowledge through activities such as debates and mock trials
E. Students are invited to participate in the extracurricular mock trial competition sponsored by the state bar association.
V. EVALUATION
A variety of assessments are used to evaluate student progress toward the stated objectives. Evaluation methods reflect the curricular goals and philosophy of the social studies program. Such methods include:
A. Analytical essays and class discussions
B. Quizzes and tests
C. Mock trial simulations that demonstrate students’ ability to list and describe the steps in a trial
D. Written case studies that examine the principals underlying a lawful arrest, search and seizures, and the juvenile justice system
E. Class presentations
F. Baseline and benchmark assessments
VI. PROFESSIONAL DEVELOPMENT
The following recommended activities support this curriculum:
A. Professional development workshops and in-service training are provided for continual growth and expertise in content material
B. Collaboration with supervisors and colleagues to utilize essential questions in the design of unit plans and assessments
C. Attendance at professional conferences and workshops
D. Meetings to share lesson ideas and instructional strategies with colleagues
E. Collaboration with colleagues and supervisors to discuss and reflect upon unit plans,
homework and assessment.
APPENDIX I
New Jersey Student Learning Standards for Social Studies
STANDARD 6.1: (U.S. History: America in the World) all students will acquire the knowledge and skills to think analytically about how past and present interactions of people, cultures, and the environment shape the American heritage. Such knowledge and skills enable students to make informed decisions that reflect fundamental rights and core democratic values as productive citizens in local, national, and global communities.
STANDARD 6.2: (World History/Global Studies) all students will acquire the knowledge and skills to think analytically and systematically about how past interactions of people, cultures, and the environment affect issues across time and cultures. Such knowledge and skills enable students to make informed decisions as socially and ethically responsible world citizens in the 21st century.
STANDARD 6.3: (Active Citizenship in the 21st-Century) all students will acquire the knowledge and skills needed to be active, informed citizens who value diversity and promote cultural understanding by working collaboratively to address challenges that are inherent in living in an interconnected world.
The entire standards document may be viewed at http://www.state.nj.us/education/cccs
APPENDIX II
New Jersey Student Learning Standards for English Language Arts
READING STANDARDS FOR INFORMATIONAL TEXT 9-12
Standard RI: (Key Ideas and Details)
RI1: Cite strong and thorough textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text.
STANDARD RI: (Craft and Structure)
RI4: Determine the meaning of words and phrases as they are used in a text; including figurative, connotative, and technical meanings; analyze how an author uses and refines the meaning of a key term or terms over the course of a text.
RI5: Analyze and evaluate the effectiveness of the structure an author uses in his or her exposition or argument, including whether the structure makes points clear, convincing, and engaging.
RI6: Determine an author’s point of view or purpose in a text in which the rhetoric is particularly effective, analyzing how style and content contribute to the power, persuasiveness, or beauty of the text.
STANDARD RI: (Integration of Knowledge and Ideas)
RI8: Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy.
SPEAKING AND LISTENING STANDARDS 9-12
Standard SL: (Comprehension and Collaboration)
SL1a-d: Initiate and participate effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grades 10-12 topics, texts, and issues, building on others’ ideas and expressing their own clearly and persuasively.
a. Come to discussions prepared having read and researched material under study; explicitly draw on that preparation by referring to evidence from texts and other research on the topic or issue to stimulate a thoughtful, well-reasoned exchange of ideas.
b. Work with peers to promote civil, democratic discussions and decision making, set clear goals and deadlines, and establish individual roles as needed.
c. Propel conversations by posing and responding to questions that probe reasoning and evidence; ensure a hearing for a full range of positions on a topic or issue; clarify, verify, or challenge ideas and conclusions; and promote divergent and creative perspectives.
d. Respond thoughtfully to diverse perspectives; synthesize comments, claims, and evidence made on all sides of an issue; resolve contradictions when possible; and determine what additional information or research is required to deepen the investigation or complete the task.