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To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective What is this class.

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Presentation on theme: "To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective What is this class."— Presentation transcript:

1 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective What is this class all about? After School Schedule: Today’s skill assessment: Tonight’s homework for your planner: Fill out the survey on my website Next Due Date for your planner: Jumpstart: Not today Agenda For Your Planner 9/4/13 Seating Chart & Attendance Intro – Who am I and what is this class? Fill out survey

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3 Homework

4 Who am I? Who are you?  7 th year at SHS  Grew up in Spanaway, graduated from WWU  Went to Kenya for the 2 nd time this summer  I love my job and I love my family!

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6 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective What is this class all about? After School Schedule: Today’s skill assessment: Tonight’s homework for your planner: Fill out the survey on my website Next Due Date for your planner: Jumpstart: How would you grade the United States overall as a country right now? Why? Agenda For Your Planner 9/5/13 Attendance Schedule for the day Intro – Who am I and what is this class? Fill out survey

7 1st Period7:25 – 8:20(55 minutes) 2nd Period8:25 – 9:20(55 minutes) 3rd Period9:25 – 10:20(55 minutes) Advisory10:25 – 10:50(25 minutes) 4 th Period and lunches I will show lunches Period 512:25 – 1:20(55 minutes) Period 61:25 – 2:20(55 minutes)

8 1st Lunch 2nd Lunch 3rd Lunch Staff on Plan Anderson Birklid Adcox Pile Ashely, Julie Bouchard Bostic Chantler Ashley, Skip Carroll Browning-Cray Nelson, Jon Blansfield Dann Carl Swigart Burlew Hansen, Lila Finnegan Woodbury Crawley Hanson, Lainy Fitzpatrick Norlin, Lindsay Culpepper Harlow Holmstrom Turley Edwards Heacox LaMay Isaacs Harshman Jones McDaniel Ross Helling-Christy Kelleher Miles Chapman McDonald Labor Norlin, John Mann Nelson, Tiana McGuire Oldright Olsen McNeill Sather Peters Peterson Street Phelan Schumacher Stumpf Pruett Sorg Thompson Rios Stansbury Treich Slater, Bryan Tifft Slater, Kara Wagner LRC (Choice) Sparks Wilkerson Gosselin Townley Wilson Tiny Sparts TA Attendance TA Tiny Sparts TA Credit Recovery Tiny Sparts TA Career Ctr TA Guidance TA LRC TA

9 Expectations Be nice

10 Expectations of my students What expectations would you expect from your peers?

11 Guidelines For Success Learn the material and skill Get to know your neighbors and others in class. Ask questions Be here!

12 REQUIRED MATERIALS 1. 3-ring binder with paper or notebook 2. Pens or pencils (Enough to last the semester) 3. Highlighter

13 Headings Name Date Period Assignment Name

14 Preamble Seminar Read it over twice. Write down the words you think are the most important Why?

15 We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

16 Grade the United States ABCDF Union Justice Domestic Tranquility Defense Welfare Liberty

17 Discussion Guidelines I agree with [name] because…. I disagree with [name] because…. I am going to change the subject…. Thank you for sharing…. I understand what you are saying _______ but I am unsure what you meant by________

18 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective How do I participate in a discussion? What’s the goal of a mock trial? After School Schedule: Today until 3:00 Today’s skill assessment: Civil Discourse Tonight’s homework for your planner: Practice your critical thinking skills while watching commercials Next Due Date for your planner: Jumpstart: What does it take to win a trial? Agenda For Your Planner 9/6/13 Classroom procedures Introduce mock trial procedures Pre-test for criminal law

19 1st Period7:25 – 8:20(55 minutes) 2nd Period8:25 – 9:20(55 minutes) 3rd Period9:25 – 10:20(55 minutes) Advisory10:25 – 10:50(25 minutes) 4 th Period and lunches I will show lunches Period 512:25 – 1:20(55 minutes) Period 61:25 – 2:20(55 minutes)

20 Classroom Procedures Emergency Prep Fire drill, earthquake, lock down, lahar Computers/Printer Bathroom – first and last 10 minutes = wait Cell phones/Ipods

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22 What the Semester will look like Mock Trials – 1 Criminal Trial and 1 Civil Trial 6 Weeks 2 Mock Trials assessed on an individual basis. Intro to Criminal and Civil Law – Tort and Tort Reform 3 Weeks 1 Tort PowerPoint CBA 3 weeks Constitutional Law/Simulated Government 6 Weeks Constitution exam Participation in the Simulated Government are scored individually.

23 Goal of a Mock Trial Goal #1: Work on critical thinking and critical commentary, a skill you will be assessed on multiple-times throughout the semester Goal #2: Obtain knowledge of how a trial works, importance of law, and difference between criminal and civil law Critical Thinking

24 A fake trial Goal = win the case What is needed = ? Mock trial

25 There are 2 sides: Prosecution/Plaintiff Responsible for proving beyond a reasonable doubt that the accused committed the crime. Defense Responsible for finding their client not guilty for the crime they are being charged with. Who has the more difficult job? Why?

26 Burden of proof? Reasonable Doubt The prosecution has a burden. Their job is harder than the defense. The burden is called, “Beyond a reasonable doubt.” Therefore, the defense just has to create doubt!

27 What order does a trial go in? 1. Closing statements by defense 2. Direct examination of a witness by Prosecution 3. Direct examination of a witness by Defense 4. Opening statements by prosecution 5. Closing statements by prosecution 6. Cross-examination of a witness by Defense 7. Cross-examination of a witness by Prosecution 8. Opening statements by defense

28 So how do they do it? The trial: Opening Statements Prosecution then defense. Why do you think the Prosecution gets/has to go first? The trial Direct examinations by prosecution Cross examinations by defense Direct examinations by defense Cross examinations by prosecution Closing Statements Prosecution, then defense, finishing with rebuttal by Prosecution. Why do they get a rebuttal? Burden of proof!

29 Pre-Test: Criminal Law 1. What is indictment? 2. What is the list of events called that someone who is convicted of a crime goes through? From arrest through release of individual % of criminal cases never make it to trial, why? 4. How much does someone have to pay a bondsman in order to get out on bail? 5. To the best of your abilities, list the steps that someone will go thru from committing the crime to release. (8 main steps)

30 Due Process 1. Accused is arrested 2. Interrogated and detained (48 hours) 3. Accused is informed of rights 4. Accused is indicted in front of a judge, they plead guilty or not guilty 5. Judge sets bail and court date 6. Accused goes to court 7. Verdict 8. Set free or go to jail/prison

31 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective How do I participate in a discussion? What’s the goal of a mock trial? After School Schedule: Today until 3:00 Today’s skill assessment: Civil Discourse Tonight’s homework for your planner: Practice your critical thinking skills while watching commercials Next Due Date for your planner: Jumpstart: What is the difference between prosecution and defense? Agenda For Your Planner 9/7/13 Classroom procedures Introduce mock trial procedures Pre-test for criminal law (per. 2-3)

32 What order does a trial go in? 1. Closing statements by defense 2. Direct examination of a witness by Prosecution 3. Direct examination of a witness by Defense 4. Opening statements by prosecution 5. Closing statements by prosecution 6. Cross-examination of a witness by Defense 7. Cross-examination of a witness by Prosecution 8. Opening statements by defense

33 So how do they do it? The trial: Opening Statements Prosecution then defense. Why do you think the Prosecution gets/has to go first? The trial Direct examinations by prosecution Cross examinations by defense Direct examinations by defense Cross examinations by prosecution Closing Statements Prosecution, then defense, finishing with rebuttal by Prosecution. Why do they get a rebuttal? Burden of proof!

34 Pre-Test: Criminal Law 1. What is indictment? 2. What is the list of events called that someone who is convicted of a crime goes through? From arrest through release of individual % of criminal cases never make it to trial, why? 4. How much does someone have to pay a bondsman in order to get out on bail? 5. To the best of your abilities, list the steps that someone will go thru from committing the crime to release. (8 main steps)

35 Due Process 1. Accused is arrested 2. Detained & informed of rights & interrogated (48 hours) 3. Accused is indicted in front of a judge, they plead guilty or not guilty 4. Judge sets bail and court date 5. Accused goes to court 6. Verdict 7. Set free or go to jail/prison

36 What is Law? Law provides rules It tells us what we can and cannot do

37 Criminal vs. Civil Criminal state Break a state law, prosecutor files charges Charged Charged Guilty Guilty or not guilty Punishment Result = Punishment Civil private party A private party (e.g., a corporation or individual person) files the lawsuit Sued Sued Liable Liable: Can be “sort of” liable Compensation Result = Compensation often payment

38 Criminal Law Crime – Something one does or fails to do in violation of a law.

39 Criminal Justice Process Includes everything that happens from arrest through prosecution and conviction to release from the control of the state This is called DUE PROCESS

40 Due Process – Step #1 Arrest Who are you arrested by? You become a suspect – allegedly did something against the law Taken into custody Arrest warrant OR probable cause Warrant – court order commanding that the person be taken into custody Probable cause – a reasonable belief that a person has committed a crime. Based on evidence.

41 Detained – Step 2 Next you will be detained State has 48 hours to press charges (indict) Fingerprinted and photographed Urine tests to ascertain drug use is common

42 Informed of rights & Interrogation – Step 2 Interrogation - Questioning occurs by police

43 Prosecution A prosecuting attorney gets file and asks simple question… “Can I win this?” and then “What will it take to win?” EVIDENCE and Witness statement are the big two

44 Charges Pressed If prosecutor has enough they will press charges If not, charges dropped and person free to go

45 Indicted in front of judge – Step 3 If charges pressed, the accused goes in front of a judge Judge asks prosecutor to present the evidence and will judge if prosecutor has enough evidence to try the accused Judge will then indict, or read the suspect their charges

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47 Make the plea Accused pleads guilty or not guilty 90% plead not guilty

48 Judge sets bail and trial date – Step 4 The accused has a trial date set and goes back to jail OR Judge sets trial date and the accused gets out on bail until trial date occurs

49 Bail – Step 4 Bail = collateral Free until trial occurs Often times bail is granted from a bail bondsmen They lend $ and the accused contributes 10% of what the total bond is Example: If bail is set at $50,000, bondsman pays $45,000 and accused pays $5,000

50 Due Process Review 1. Arrested 2. Detained, read rights and interrogated Prosecutor reads file and decides yes or no 3. Indicted in front of judge, plead guilty or not 4. Trial date and bail set by judge

51 Sit in jail The accused sits in jail until trial date (trials usually happen in 3 months) OR if you are out on bail you sit at home until your trial date

52 Plea bargaining Why most cases never go to trial Most defendants who are convicted plead guilty before trial Plea bargain – granting certain concessions to the defendant in exchange for a plea of guilty to a less serious charge or recommend a lighter sentence on the original charge if guilty plea is entered Win-win-win situation Example: Cyril’s case

53 Trial – Step 5 Jury present at trial Vote has to be unanimous

54 Verdict & Sentencing – Step 6 In some states jury gives sentence In Washington the judge will give the sentence

55 Serves times or goes home – Step 7 Once sentence is given they serve their time if they are convicted of the crime.

56 Due Process Review 1. Arrested 2. Detained, read rights and interrogated Prosecutor reads file and decides yes or no 3. Indicted in front of judge, plead guilty or not 4. Trial date and bail set by judge 5. Goes to trial 6. Verdict of guilty or not guilty 7. Set free or go to jail

57 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective What steps must be taken in order to be charged with a crime? After School Schedule: Today and Fri until 3:30 Today’s skill assessment: Content skill Tonight’s homework for your planner: 1.Look over the case 2.Have top 3 positions written down Next Due Date for your planner: Jumpstart: No jumpstart, study 5 minutes for your quiz Agenda For Your Planner 9/13/12 Finish due process Review time

58 Test: Criminal Law 1. After a person is arrested and detained, what happens next? 2. What is the list of events called that someone who is convicted of a crime goes through? From arrest through release of individual % of criminal cases never make it to trial, why? 4. How much does someone have to pay a bondsman in order to get out on bail? 5. To the best of your abilities, list the steps that someone will go thru from committing the crime to release.

59 1. Prosecutor reads file and decides “can I win this?” and takes it or does not take it 2. Due process 3. They take a plea bargain or plead guilty before trial takes place 4. 10% 5. Steps are: 1. Arrested 2. Detained 3. Prosecutor reads file and decides yes or no 4. Charges are pressed 5. Accused goes in front of judge and pleads guilty or not guilty 6. Trial date and bail set by judge 7. Sit in jail and wait 8. Plea bargaining 9. Serve time 10. Released

60 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective What steps must be taken in order to be charged with a crime? After School Schedule: Today and Fri until 3:30 Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Which side do you think will have it easier in this case? Agenda For Your Planner 9/14/12 Learn what role you have Time to read through packet How

61 Mock Trial Roles Witnesses Group 1Group 2 Casey (Defense)PhillipEli Sawyer (Prosecution)AshleyPayton Detective Riley (Prosecution)MaxNatalie Dr. Killian (Prosecution)JuliaJacob C. Dr. Atkinson (Defense)Samatha W.Jordon Cameron Cortez (Defense)NickJosh Prosecuting Attorneys Direct Examiner of Dr. Killian and Cross Examiner of Dr. AtkinsonCesarioLuke Direct Examiner of Det. Riley and Cross Examiner of CameronBrennanJuan Direct Examiner of SawyerBrandonAdrienna Cross Examiner of CaseyDavidTroy Opening and Closing AttorneyKieraJacob U. Defense Attorneys Direct Examiner of Cameron and Cross Examiner of Det. RileyKaitlynZac Direct Examiner of Dr. Atkinson and Cross Examiner of Dr. KillianJoelDavina Direct Examiner of CaseyColtonMatt Cross Examiner of SawyerJasonSamantha G. Opening and Closing AttorneyDustin, SeanShyanne

62 Mock Trial Roles Witnesses Group 1Group 2 Casey (Defense)XanderFrankie Sawyer (Prosecution)JustinZack W. Detective Riley (Prosecution)DevinBreanna Dr. Killian (Prosecution)Annacollin Dr. Atkinson (Defense)CorrinaRemi Cameron Cortez (Defense)PrestonTrevor Prosecuting Attorneys Direct Examiner of Dr. Killian and Cross Examiner of Dr. AtkinsonKellenLogen Direct Examiner of Det. Riley and Cross Examiner of CameronRileyBeatrice Direct Examiner of SawyerNathanRyan Cross Examiner of CaseyNoahNick Opening and Closing Attorney Defense Attorneys Direct Examiner of Cameron and Cross Examiner of Det. RileyZak L.Carissa Direct Examiner of Dr. Atkinson and Cross Examiner of Dr. KillianOliviaMikkey Direct Examiner of CaseyKelliMario Cross Examiner of SawyerQuintenAlonzo Opening and Closing AttorneyAustin

63 Once you get your role Reread the documents Underline what information is important for you Gather in teams (Prosecution and Defense) Witnesses will go to the team that is calling upon them Work individually

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65  Prosecution  Responsible for proving beyond a reasonable doubt that the accused committed the crime.  Defense  Responsible for finding their client not guilty for the crime they are being charged with.  The burden of proof does not apply to the Defense.

66  Reasonable Doubt  The prosecution has a burden.  Their job is harder than the defense.  The burden is called, “Beyond a reasonable doubt.”  Therefore, the defense just has to create doubt!

67  The trial:  Opening Statements  Prosecution then defense.  Why do you think the Prosecution gets/has to go first?  The trial  Direct examinations  Cross examinations  Closing Statements  Prosecution, then defense, finishing with rebuttal by Prosecution.  Why do they get a rebuttal?  Burden of proof!

68  This is the movie preview.  Always phrased, “We are going to show you that…” or “We will prove that” or “You are going to see…”  Never, “We already showed you”, or “This person did this…”  Why? You haven’t proven anything yet.  3 minutes long

69  Prosecution gets to direct examine their witnesses first.  Direct Examination:  The witness has to tell the entire story.  The attorney may not “Lead” the witness in any way/shape/form to the answer.  Example of what’s right:  Tell us where you were on the night of… or What happened next? Then what did you do?  Example of what’s wrong:  Isn’t it true that you loaded the gun the night before you killed your husband?  Rule of thumb: If the answer is yes/no, then you cannot ask the question in Direct Examination

70  48 Hours Mystery 48 Hours Mystery  What evidence did the prosecution present in court?  How did the defense respond?  Did the defense bring up any new evidence that the prosecution didn’t use?

71 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective What happens in a cross examination? What is my teams strategy going to be? After School Schedule: Thurs, Fri until 3:30 Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: What is your strategy going to be in this case? Why did Casey do it? Or why didn’t he do it? Agenda For Your Planner 9/17/12 Discuss cross examinations Objections Work time

72  Cross Examination:  This is a hostile examination. One side’s attorney against the other side’s witness.  After the direct examination, the witness stays on the stand, and the cross-examiner approaches.  Control the witness!!! Always ask them to answer all questions with a yes/no unless asked otherwise.  Examples of what is okay: Really…leading or non- leading questions are okay as long as you are controlling the witness.

73  Re-Direct – If you still have time (5 minutes for direct, 3 minutes for cross), then the direct examiner may re-approach and clarify anything brought up in the cross. Nothing new.  Re-Cross – same as Re-direct…must have time remaining.

74  Sometimes an attorney is breaking the rules:  You need to protect your witness.  Only the attorney responsible for the witness on the stand may object…nobody else on the attorney teams!!!  Judge either sustains (says it’s a good objection and doesn’t allow the question to be answered) or overrules (says it’s a bad objection, that question should be answered.)

75  Leading  Argumentative  Badgering  Speculation  Ultimate Issue  Hearsay  Foundation  First-hand knowledge  Asked and answered

76  Asking yes/no questions  Stating a question that has the answer built in to it so the witness just has to confirm the attorney is correct or incorrect.  Can only be used when a direct examination is happening.  Example.- The prosecuting attorney asks their witness. "During the conversation, didn't the defendant declare that he would not deliver the merchandise?"  "Objection, your honor. Counsel is leading the witness." Counsel could rephrase the question, "Will you state what, if anything, the defendant said during this conversation, relating to the delivery of the merchandise?"

77  Arguing with the witness.  Did you do this? “No.” Are you sure you didn’t do this? “Yes.” Positive you didn’t do this? “Yes.” Blah blah blah.  Badgering  Arguing with attitude.  4 4

78 Witnesses Group 1Group 2 Casey (Defense)Devin N.Cierragrace C. Sawyer (Prosecution)Paul C.Cassidy L. Detective Riley (Prosecution)Antonio A.Zach S. Dr. Killian (Prosecution)Lauren M.Markus L. Dr. Atkinson (Defense)Bryce H.Shaun R. Cameron Cortez (Defense)Acacia W.Cody G. Prosecuting Attorneys Direct Examiner of Dr. Killian and Cross Examiner of Dr. AtkinsonHanna S.Bryan G. Direct Examiner of Det. Riley and Cross Examiner of CameronTravis A.Kylee K. Direct Examiner of SawyerJamie W.Moriah T. Cross Examiner of CaseyAli S.Vittorio C. Opening and Closing AttorneyCaleb. W.Kaleo P. Defense Attorneys Direct Examiner of Cameron and Cross Examiner of Det. RileyColton J.Jesse D. Direct Examiner of Dr. Atkinson and Cross Examiner of Dr. KillianTristen H.Madai G. Direct Examiner of CaseyJustin M.Kylie Cross Examiner of SawyerDillon L.Nora G. Opening and Closing AttorneyJustin A.Davon D.

79 Team 1 1 Sawyer 2 Riley 3 Dr. Killian Team 2 1 Sawyer 2 Riley 3 Dr. Killian

80 Team 1 1 Casey 2 Dr. Atkinson 3 Cameron Team 2 1 Dr. Atkinson 2 Cameron 3 Casey

81 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective What is my teams strategy going to be? After School Schedule: Thurs, Fri until 3:30 Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: What key piece of evidence do you think will be the most convincing for your team? Why? What will be the most damaging? Why? Agenda For Your Planner 9/18/12 Pass back due process quiz and go over it Objections Team time

82  Speculation – Asking the witness to try and guess at what might have happened if circumstances were different.  “Let’s say you went home instead…do you think…” or “What do you think might have happened if…”  Foundation – Only happens on Direct examinations. This is a big one  If the attorney has not established foundation for a question, they cannot ask it.  Example: First question of the direct exam, “So when you were at the party…who did you see drinking alcohol?  It hasn’t been established that there was a party, with drinking at it, and the witness was actually at that party and saw people drinking. All of that must be established first.

83  Only one type of witness may actually speculate and that is an “expert” witness.  But they must be established as an expert during the direct examination.  What are your credentials? Witness lists his/her background/academic credentials.  Your honor, I’d like to establish this witness as an expert in his/her field.  Judge: “Are there any objections from the prosecution/defense”?  If none – the witness is declared an expert by the judge and they may now speculate on certain things.

84  Cannot ask, straight up, with no foundation, “Did you commit this crime?” to the defendant.

85  Asking questions that the witness doesn’t know from first-hand experience is not allowed.  Was Jeshuan drinking that night?  “Well, I heard (The objection should happen here!) that she was drinking.”  So was she?  “Yes.”  How do you know?  My friends told me.

86 1. First, as a team come up with the main point/argument you will use to determine Casey is guilty/not guilty 2. How can each attorney or witness help with the key point? Example: If I’m the bomb expert how might I help my team with the main idea? ***Defense will be inside, prosecution will be in the grass outside

87 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective What happens in a cross examination? What is my teams strategy going to be? After School Schedule: Thurs, Fri until 3:30 Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: What is your strategy going to be in this case? Why did Casey do it? Or why didn’t he do it? Agenda For Your Planner 9/18/12 Discuss cross examinations Objections Work time

88  Sometimes an attorney will ask the same question over and over again.  You killed him? Yes  So you really killed him? Yes  Like shot him in the face and he died? Yes

89  You want the jury to hear important things 3 times!  Be careful to avoid the objection “Asked and answered.”

90  Typically written as the trial is progressing.  The attorney giving the closing will know what his/her side will be proving and attempting to prove so they can write some of it before the trial.  But crazy things happen!!  It’s important to write those down as they happen so that you can remind the jury at the end of the trial during the closing.

91 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective After School Schedule: Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Agenda For Your Planner 9/24/12 Work by positions Work with partner

92  Witnesses  Go thru packet and look for your name on everyone else’s witness statements  Look through your statement and memorize it  Opening and Closing Attorney  Practice your statements  Type it up  Attorney’s  Work on your questions by yourself or with the person who has the same job as you  Type up questions

93  Witnesses find your DIRECT examiner  Opening and closing, find the person from the opposite team and practice

94 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective After School Schedule: Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Agenda For Your Planner 9/25/12 Computer lab time to type up questions Practice with partners

95 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective After School Schedule: Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Agenda For Your Planner 9/25/12 Pick the order of witnesses and present to class

96 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective After School Schedule: Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Agenda For Your Planner 9/27/12 Rehearsal

97 Witnesses Group 1Group 2 Casey (Defense)Devin N.Cierragrace C. Sawyer (Prosecution)Paul C.Cassidy L. Detective Riley (Prosecution)Antonio A.Zach S. Dr. Killian (Prosecution)Lauren M.Markus L. Dr. Atkinson (Defense)Bryce H.Shaun R. Cameron Cortez (Defense)Acacia W.Cody G. Prosecuting Attorneys Cross Examiner of Dr. AtkinsonJamie W. Direct Examiner of Dr. KillianBryan G. Direct Examiner of Det. Riley and Cross Examiner of CameronTravis A.Kylee K. Direct Examiner of SawyerJamie W. – going both days Moriah T. Cross Examiner of CaseyAli S. Opening and Closing AttorneyCaleb. W.Kaleo P. Defense Attorneys Direct Examiner of Cameron and Cross Examiner of Det. RileyColton J.Jesse D. Direct Examiner of Dr. Atkinson and Cross Examiner of Dr. KillianTristen H.Madai G. Direct Examiner of CaseyJustin M.Kylie Cross Examiner of SawyerDillon L.Nora G. Opening and Closing AttorneyJustin A.Davon D.

98  48 Hours Mystery 48 Hours Mystery  What evidence did the prosecution present in court?  How did the defense respond?  Did the defense bring up any new evidence that the prosecution didn’t use?  28 minutes into it

99 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective What is a tort? After School Schedule: Wed-Fri til 3:00 pm Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Fourteen year old Carrie is babysitting for four year old Jill. Carrie leaves Jill in the living room and goes into the kitchen and is texting her boyfriend Johnny. From the kitchen she can hear but not see Jill. While she is away, Jill falls off a chair and is hurt 1) Who is the defendant 2) Should the defendant pay for the victim’s damages? Agenda For Your Planner 10/3/12 What is a tort? Scenarios Lecture: Civil Law - Torts

100 Criminal ► Break a state law, prosecutor files charges ► Charged ► Guilty or not guilty ► Result = Punishment Civil ► A private party (e.g., a corporation or individual person) files the lawsuit ► Sued ► Liable: Can be “sort of” liable ► Result = Compensation often payment

101 ► Harry, a school bus driver, has a heart attack while driving the bus. The bus slams into a wall, injuring several students. One month earlier Harry’s doctor had warned him of his heart condition.  1) Who is the defendant 2) Should the defendant pay for the victim’s damages?

102 ► Zach and Devin argue over who should have won a football game. Devin insults Zach’s favorite team, the Spartans. He calls the players lazy, worthless and arrogant. Zach is outraged. He has been a Spartan fan for years. Losing all control, Zach punches Devin in the mouth. Devin suffers two broken teeth, three chipped teeth, and a badly cut lip that requires 10 stitches. His dental bills total $4,000 and he misses 7 days of work as a result of his injury. He also requires pain medication for a week and is extremely uncomfortable. Seth needs four stitches in his hand.  Has Zach committed a crime?  Who could bring a criminal charge in this case?  Exactly what damages could the victim seek to recover?

103 ► Mr. Smith is in Safeway doing the weekly grocery shopping. His four year old daughter Jenny is seated in the shopping cart. As they pass a large peanut butter display, Jenny reaches out and pulls a jar off the shelf. The display collapses, and a dozen jars come tumbling down. Some of the jars break, spreading peanut butter and glass all over the floor. Mr. Smith scolds Jenny severely as he wheels her down the aisle. Ten minutes later, Ms. Hartwell slips and falls on the peanut butter. She breaks her hip in the fall and suffers several deep cuts from the broken glass.  Whom should Ms. Hartwell sue for damages? Why?  Who, if anyone, was at fault in this case? Why?

104 Raise your hand if you think the following actually happened: 1. A woman sued a doctor for malpractice because he invited his friend to watch him deliver her baby. 2. A woman sued a cab company when a cab without a driver hit her. The driver had jumped from the moving cab to escape a robber who had pointed a gun to the driver’s head. 3. A construction worker sued his employer for injuries sustained when he was hit by an out-of-control car and thrown nearly 100 feet into a vat of boiling tar. The construction site had not been properly cordoned off.

105 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What is a tort? After School Schedule: Wed-Fri til 3:00 pm Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: What civil case could be brought up in the following Office episode? Who is the defendant? What could he be charged with? Agenda For Your Planner 10/4/12 What is a tort? Lecture: Intentional Torts

106 Black’s Law Dictionary defines a tort as 1. A civil wrong for which a remedy may be obtained, usually in the form of damages… 2. (pl.) The branch of law dealing with such wrongs. A far less formal definition of a tort is 1. All the crazy stuff that you can possibly imagine happening to a person.

107 ► Compensatory Damages: An award that puts plaintiff in same position he/she would have been in had tort not occurred (pay $4,000 for hospital bills…can also include loss wages etc…) ► Nominal Damages: A minimal amount that signifies defendant’s behavior was wrongful, but caused no harm ($1…symbolic award of money)…just to recognize someone was wrong ► Punitive Damages: Damages that punish defendant, seeking to deter such conduct in the future from defendant and others

108 ► There are a variety of torts, which can broadly be broken into the following three categories: 1. Intentional Torts 2. Strict Liability Torts 3. Negligent Torts

109

110 Intentional torts Intentional torts, also as their name suggests, are torts caused intentionally by the tortfeasor. Example: Slashing someone’s tires.Example: Slashing someone’s tires.

111 Intentional Torts Two Types of Intentional TortsTwo Types of Intentional Torts –Those causing injury to persons –Those causing harm to property

112 Intentional Torts (Against Persons) Assault & batteryAssault & battery Intentional Infliction of Emotional DistressIntentional Infliction of Emotional Distress DefamationDefamation Invasion of Privacy (“false light,” public disclosure of private facts, misappropriation for commercial gain, and intrusion on an individual’s affairs)Invasion of Privacy (“false light,” public disclosure of private facts, misappropriation for commercial gain, and intrusion on an individual’s affairs) False ImprisonmentFalse Imprisonment

113 Assault and Battery Assault – threat + physical gesture (requires fear that offensive contact is about to occur).Assault – threat + physical gesture (requires fear that offensive contact is about to occur). Battery – physical contact, injury and malicious intentBattery – physical contact, injury and malicious intent Defences –Defences – –Unavoidable or normal –Consent

114 Assault and battery Lenny is a successful bank robber. He is also caeful not to harm bank tellers. In fact, he always uses weapons without bullets. Unfortunately for Lenny he holds up one bank too many, and the police catch him. The day before he is caught he had stuck an unloaded gun into the face of Cynthia, the teller at the Last National Bank. Cynthia wants to bring a civil suit for assault against Lenny.Lenny is a successful bank robber. He is also caeful not to harm bank tellers. In fact, he always uses weapons without bullets. Unfortunately for Lenny he holds up one bank too many, and the police catch him. The day before he is caught he had stuck an unloaded gun into the face of Cynthia, the teller at the Last National Bank. Cynthia wants to bring a civil suit for assault against Lenny. Will she be successful?Will she be successful?

115 Infliction of Mental Distress – pg. 213 A person commits this by intentionally suing words or actions that are meant to cause someone fright, extreme anxiety or mental distressA person commits this by intentionally suing words or actions that are meant to cause someone fright, extreme anxiety or mental distress Physical injury is not requiredPhysical injury is not required Small insults are not enough to base lawsuit for mental distressSmall insults are not enough to base lawsuit for mental distress

116 Infliction of Mental Distress Harris worked for General Motors under the direct supervision of Jones. Harris suffered from a severe speech impediment that caused him to stutter. He was very sensitive about his speech impediment. Over the course of five months, Jones approached Harris on thirty occasions to make fun of him, mockingly shaking his head up and down and stuttering as he insulted Harris. Harris complained to his committeeman (an employee representative who dealt with grievances) to no avail, which only prompted Jones to further harass Harris for complaining to the “mmitteeman” as Jones mockingly put it. Harris became extremely nervous after months of abuse and his speech impediment got worse. Did Jones intend to inflict emotional distress on Harris? Was his behavior “extreme and outrageous?”Did Jones intend to inflict emotional distress on Harris? Was his behavior “extreme and outrageous?” How should Harris’ lawsuit for intentional infliction of emotional distress be decided?How should Harris’ lawsuit for intentional infliction of emotional distress be decided?

117 Defamation – Slander (spoken) or Libel (written) Elements:Elements: –Occurs when a person makes a false statement that is communicated to a third party causing harm –In “slander” – oral statements that harm reputation –In “libel” – written statements that harm reputation –Must show injury

118 False Imprisonment – pg. 214 Protects you from being free from unreasonable restraintProtects you from being free from unreasonable restraint Does not mean being kept in jail or even arrested by policeDoes not mean being kept in jail or even arrested by police When someone intentionally and wrongfully confines another person against his or her willWhen someone intentionally and wrongfully confines another person against his or her will

119 False Imprisonment Confined without “reasonable risk” orConfined without “reasonable risk” or Restrained without “lawful excuse”Restrained without “lawful excuse” Plaintiff must prove –Plaintiff must prove – –Imprisonment or total restraint –Without lawful excuse Example: Restaurant manager tells an employee to get out of the walk-in refrigerator so she can lock up and go home. When the employee takes too long, the manager shuts the refrigerator door and leaves for the night.

120 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What is negligence? After School Schedule: Wed-Fri til 3:00 pm Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: In order to prevent homeless citizens from freezing during the winter, Bonney Lake passes an ordinance. It requires its social service workers to pick up homeless people whenever the nighttime temp is predicted to fall below 35 degrees. The homeless are taken to a city shelter and provided with food, clothing and a bed. They are not allowed to leave until the next morning. Mr. Stobbs, a homeless person believes the shelter is dangerous and unsanitary. He also believes he has a right to live on the street. One night he is taken to the shelter against his will. He later convinces a public-interest law firm in Big Town to help him sue the city for false imprisonment. 1. What arguments can he make? Agenda For Your Planner 10/4/12 What is a tort? Lecture: Intentional Torts

121 Intentional Torts (Against Property) Trespass to RealtyTrespass to Realty Private NuisancePrivate Nuisance Trespass to Personal PropertyTrespass to Personal Property ConversionConversion

122 Trespass Deliberately on property without permission orDeliberately on property without permission or Threw objects on propertyThrew objects on property

123 Nuisance Occurs when there is an unreasonable interference with the use and enjoyment of your property.Occurs when there is an unreasonable interference with the use and enjoyment of your property. The key is “unreasonable interference”The key is “unreasonable interference” Example: Cierragrace and Kaylie are neighbors. One Sunday, Cierragrace has a large BBQ in her backyard, and Kaylie is unable to listen to the soap operas on TV outside while lying on her hammock. This one-time event is not a nuisance. If Cierragrace were to cut her lawn at 6 o’clock every Sunday morning however that would probably be a nuisance.Example: Cierragrace and Kaylie are neighbors. One Sunday, Cierragrace has a large BBQ in her backyard, and Kaylie is unable to listen to the soap operas on TV outside while lying on her hammock. This one-time event is not a nuisance. If Cierragrace were to cut her lawn at 6 o’clock every Sunday morning however that would probably be a nuisance.

124 DEFENCES TO INTENTIONAL TORTS ConsentConsent Self-defenceSelf-defence Defence of propertyDefence of property Defence of third personDefence of third person Legal authorityLegal authority

125 Consent Most common defense to intentional torts.Most common defense to intentional torts. Defendant and victim agreed to the harmful conductDefendant and victim agreed to the harmful conduct Can be written, spoken or assumed based on situationCan be written, spoken or assumed based on situation

126 Self-defense Well known, you can use reasonable force to protect or defend yourselfWell known, you can use reasonable force to protect or defend yourself Deadly force is considered excessive unless your life is in dangerDeadly force is considered excessive unless your life is in danger If Shaun is attacked by Travis, Shaun can use reasonable force to protect or defend himselfIf Shaun is attacked by Travis, Shaun can use reasonable force to protect or defend himself If Travis later sues Shaun for battery, Shaun will be able to use self-defense to justify his actions as long as the force was not excessiveIf Travis later sues Shaun for battery, Shaun will be able to use self-defense to justify his actions as long as the force was not excessive

127 Defense of property Allows people to use reasonable force to defend their home and propertyAllows people to use reasonable force to defend their home and property Deadly force is never considered reasonable when defending propertyDeadly force is never considered reasonable when defending property

128 Defense of a third person The action was taken to defend another personThe action was taken to defend another person

129 Legal Authority There are laws that allow this behaviorThere are laws that allow this behavior Example: Police officer can restrain/imprison someone, parents have legal authority to use reasonable force to discipline their children/restrain childrenExample: Police officer can restrain/imprison someone, parents have legal authority to use reasonable force to discipline their children/restrain children

130 Scenarios Determine whether any intentional torts have been committed in each situation. Is there a defense?Determine whether any intentional torts have been committed in each situation. Is there a defense? 1.A pitcher in a high school baseball game loses control of an inside pitch. The ball hits the batter, shattering a bone in his arm. 2.Hal arranges to have an oral surgeon remove a tooth that has been causing him great discomfort. While he is under anesthesia, the surgeon notices that two other teeth are emerging in a crooked position and are likely to cause Hal great pain in the near future so she removes these teeth as well.

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132 Negligent torts, as their name suggests, are torts that are caused by the negligence of the tortfeasor, or person who commits the tort. Example: Drunk drivers

133  We think of it as forgetfulness, inattentiveness…in torts it is different  We need to analyze negligence as it relates to a person’s conduct  Even a person who cares a great deal about others may be negligent if his or her conduct creates an unreasonable risk of harm

134  Nominal and Punitive damages can be awarded for intentional torts, but no for negligence  Compensatory are the only damages collected on negligence

135  Dr. D’Angelo, a surgeon, forgets to remove a clamp from a patient’s body while operative and stitches the patient up  Monica leaves a loaded rifle on the floor where her younger brothers and sisters usually play and one gets shot.  A city employee working in a manhole forgets to replace the cover when he goes to lunch and a pedestrian falls in and is injured

136  There are four basic elements of a tort: 1) Duty 2) Breach 3) Causation 4) Damages The victim has to prove ALL four of these to win a case

137  N = D + S + B + C of (I or D)  A DUTY of reasonable care exists  The STANDARD of care – reasonable person test  BREACH of the standard  CAUSATION  INJURY or DAMAGE results

138 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What is negligence? After School Schedule: Thurs until 3:15 pm Today’s skill assessment: Tonight’s homework for your planner: Think about what fairytale you want to do Next Due Date for your planner: Jumpstart: Lance is a bartender at a local bar. He sees that Mike and Nancy, two regular customers are clearly intoxicated. They ask him for one more round before they leave. Not wanting to offend them, he serves them and says “Let’s make this the last round.” 30 minutes later the couple leaves the bar and goes home. Just after Nancy pulls her car onto the highway she swerves and hits another car head on. Mike and the other driver are seriously injured. Who can sue who? What duty did Lance have in this situation? Did he violate that duty? Agenda For Your Planner 10/8/12 Introduce Torts project Negligence: Duty, breach and causation

139 Everyone has a duty to exercise due care all of the time. What is due care? Standard of care is the amount of care that a reasonable person would exercise under the circumstances. What is a reasonable person? A reasonable person is not any real person or even the average person, but an imaginary prudent person who takes the precautions necessary to avoid harming another person or their property.

140  Can you think of examples of due care that each of the following people must exercise?: 1. A lifeguard at a municipal pool. 2. A lumberjack chopping down a tree. 3. An owner of an aggressive dog. 4. A high school football coach.

141  Breach is the simplest of the four elements.  Once you determine the standard of care, you ask, did the defendant follow that standard of care?  For example, if the standard of care requires the owner of an aggressive dog to keep the dog on a leash and the owner does not do so s/he has breached the duty of care.

142  Jim is infected with HIV, the virus that causes AIDS. He is new in town and does not want anyone to know about his condition. He becomes romantically involved with Amy and has unprotected sex with her but does not disclose his infection. Amy contracts the virus.  Did Jim have a duty to tell Amy about his condition? Explain  Would it make a difference if AIDS were curable?  What, if anything, should Amy be able to recover in damages from Jim?

143  Once a plaintiff (victim) proves that the defendant owes him or her a duty and that the duty was violated, there must be proof that the defendant’s acts caused harm to the plaintiff.  There are two types of causation:  Cause in fact; and  Proximate cause

144 Cause in fact is pretty simple. The question is, if it weren’t for the defendant’s actions would the injury have occurred? Example: A hits B in the shin with a golf club. B’s shin would not have been injured if A had not him in the shin with a golf club.

145 Proximate cause is a little more difficult. There must be a close connection between the wrongful act and the harm caused The harm caused must have been a foreseeable result of the act or acts. Example: Chicago fire

146 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What is causation? What is strict liability? After School Schedule: Thurs. til 3:15 pm Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Alan, 17, lends his car to his friend Lauren, 16, so that she can pick up her homecoming dress. Lauren drives to a large mall. As she hurries into the store to pick up the dress, she leaves the keys in the car and the driver’s side door unlocked. When she returns 10 minutes later, the car is gone. Lauren calls Alan immediately and he reports the car stolen. The car cannot be found. Can Alan sue Lauren for the value of the car? Why or why not? Agenda For Your Planner 10/9/12 Negligence: Duty, breach and causation Strict Liability

147  In 1871, a major fire destroyed much of the city of Chicago. After a thorough investigation the cause of the fire was determined. It began in Mrs. O’Leary’s shed when a cow she had been milking kicked over a kerosene lantern she had placed too close to the cow’s rear leg  Was Mrs. O’Leary negligent in placing the lantern so close to the cow’s leg?  Should she have had to pay for all the damage caused by the fire?

148  3.1 square miles  $192 million in damage  100,000 left homeless  300 people died

149  As a high school prank, Johnny decides to put a cardboard cat in the middle of the street. He chooses a lightly travelled neighborhood road in Bonney Lake.  That night Maranda is driving and sees the cat and slams on the brakes. She lost control of the car and slams into a nearby tree. Maranda and her four year old son are seriously injured. It takes several months to recover from the accident.  Maranda brings a civil suit against Johnny, claiming extensive damages. Can they prove that Johny’s act caused their harm? Explain

150 This is Ken Griffey, Jr. Ken Griffey, Jr. likes to practice his swing in his living room. Unfortunately, this sometimes leads to disaster…

151 One day, while practicing his swing in his living room, Ken loses his grip on the bat. The bat flies into the sitting room and hits his wife’s friend in the head, causing minor injuries. Q1: Is there causation in fact? Q2: In there proximate causation?

152 Ken did not learn his lesson when he injured his wife’s friend. Once again, during a practice session, Ken loses his grip. This time the bat flies through a window and hits the ladder his roofer is using to climb onto his roof. The roofer falls and breaks both his arms. Q1: Is there causation in fact? Q2: In there proximate causation?

153 Ken, Ken, Ken. He keeps practicing, and keeps losing his grip. This time the bat flies into his neighbor’s yard. The bat hits his neighbor in the head just as he is squirting lighter fluid onto his grill. He squirts too much, which causes an explosion. In addition to his head injuries, he suffers burns from the explosion and there is some fire damage to his house. Q1: Is there causation in fact for each injury? Q2: In there proximate causation? Q3: What if the fire had burned down the neighbor’s house? Several neighbors’ houses?

154 For some unknown reason, Ken is still practicing his swing in his house and he has a new neighbor, Eric, that loves to BBQ. It’s a perfect storm. And sure enough, Ken launches his bat through his window into his neighbor’s yard. The bat hits the BBQing neighbor, setting off another BBQ explosion. This time it kills the neighbor, and the neighbor’s wife is severely injured in the ensuing fire. As she is being wheeled to the ambulance she is struck by lightning. Q1: Is there causation in fact for each injury? Q2: Is there proximate cause for each injury? Q3: Could Jane, another neighbor, sue Ken because she can no longer sell the new gas grill she handmade for Eric to Eric because Eric is dead?

155 The basic idea of damages is fairly simple: All injuries can be reduced to a monetary amount. The real difficulty comes in calculating damages. For example, it is pretty easy to figure out how much a totaled car is worth, but it’s not so easy to figure out how much eyesight is worth.

156 Betty and Derek are walking to school. Steven is driving down the street talking to his friends in the backseat. One of Steven’s friends screams “Look out!” Steven reacts by turning the wheel of his car, which jumps the curb and pins Betty’s arm to the wall crushing it. What remains of Betty’s arm needs to be amputated. Q1: How much is Betty’s arm worth? Q2: Does the answer change if Betty was a concert pianist? Q3: What if Betty simply wanted to be a concert pianist, but wasn’t one yet?

157  Even where the plaintiff has proven all of the elements of a negligent tort, the defendant may be found not to be liable or the defendant’s liability may be reduced based on certain defenses. These defenses include: 1. Contributory Negligence – If the plaintiff had any sort of negligence as well to contribute 2. Comparative Negligence – Dividing the loss according to the degree to which each person is at fault. 3. Consent 4. Illegality

158  Strict liability torts are torts where the law has determined that some activities are so dangerous that an individual engaging in those activities is liable for damages regardless  Example: blasting with dynamite, owning a tiger, manufacturers who sell defective products  There is no need to prove that the defendant was negligent or intended to cause harm  Only need causation and damages. Just compensatory

159  Very hard to defend strict liability  Often time you can say the consumer misused the product

160  Assume a demolition company has been hired to dynamite an old downtown building. While demolition can be necessary, it is dangerous to use dynamite in a populated area. No amount of care can totally eliminate the risk. Therefore, the law imposes strict liability. The demolition company must assume the risk of any foreseeable harm caused, even if the company is very careful and not negligent

161 In which of the following should the plaintiff be able to recover based on strict liability?  Sumner’s waste treatment plant develops a leak, and harmful bacteria are released into the town’s water supply. Hundreds of families become sick?  Acacia brings her car to a mechanic for repairs. As she enters the garage, she slips on spilled motor oil and breaks her ankle.  Tristen drives by a construction site in downtown Seattle. Following a sudden blast from the site, he is injured by a piece of cement that crashes through her windshield.  Justin is eating lunch at a cafeteria. A waiter races by and knocks a pot of coffee into Justin’s lap, burning him badly.

162 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What is duty, breach and causation? After School Schedule: Thurs. til 3:15 pm Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Agenda For Your Planner 10/10/12 Directions over assignment

163 Select a story that illustrates a situation that could result in a tort (for example: could Goldilocks sue the three bears or vice versa? Should Chicken Little be liable for the emotional distress she caused her neighbors when she repeatedly claimed the sky is falling?)

164 1. Identify potential plaintiffs and defendants. 2. Identify whether it is an intentional tort, negligence or strict liability tort. 3. Then narrow it down to the specific claims the plaintiff will make, for example, if they are claiming intentional tort, are they charging the defendant with false imprisonment and infliction of emotional distress? 4. Identify whether the plaintiff can show the required elements of a tort claim.

165 5. Identify the evidence they plaintiff has that the tort occurred. 6. Include arguments each side (plaintiff and defendant) would use during a trial. 7. Identify the defenses that might apply to the defendant. 8. Include damages the plaintiff would seek. 9. BONUS Would the defendant counter sue? Why? They would need to prove all the applicable tort elements. The plaintiff would then need a defense or to prove a tort element was missing. Essentially you need to go through steps 2-7 again.

166 Ideas 1.Little Mermaid - Kylee 2.Lion King – Devin and Madai 3.Snow White – Paul and Justin 4.Cinderella – Acacia and Markus 5.Beauty and the Beast 6.Monsters Inc. - Lauren 7.Toy Story - Travis 8.Up – Jamie W. 9.The Incredibles 10. Aladdin 11.The Jungle Book 12. Shrek - Cassidy 13. Humpty Dumpty – Davon and Ali 14. Little Red Riding Hood – Cierragrace and Moriah 15. Alice in Wonderland – Nora and Dillon Little Pigs – Jesse and Bryce 17. Hansel and Gretel – Zach and Colton 18. Dumbo – Caleb 19. Road Runner – Cody and Tristen

167 BEGIN Find a partner to work on the project…you may work by yourself if you’d like to Use the planning guide before you begin on the presentation itself 1 st – Decide what story you want to focus on and let teacher know…only 2 groups can have same story 2 nd – Begin coming up with plaintiff and defendant 3 rd – Is it intentional tort, negligence or strict liability or multiple?

168 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What is duty, breach and causation? After School Schedule: Thurs. til 3:15 pm Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Agenda For Your Planner 10/11/12 Computer lab 12A

169 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What is duty, breach and causation? After School Schedule: Thurs. til 3:15 pm Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Agenda For Your Planner 10/15/12 Computer lab 2A

170 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What is duty, breach and causation? After School Schedule: Thurs. til 3:15 pm Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Agenda For Your Planner 10/16/12 Computer lab 2A

171 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What is duty, breach and causation? After School Schedule: Thurs. til 3:15 pm Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Agenda For Your Planner 10/17/12 Computer lab 2A

172 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What is duty, breach and causation? After School Schedule: Thurs. til 3:15 pm Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Agenda For Your Planner 10/18/12 Computer lab 2A

173 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What is duty, breach and causation? After School Schedule: Thurs. til 3:15 pm Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Agenda For Your Planner 10/19/12 Presentations

174 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What is duty, breach and causation? After School Schedule: Thurs. til 3:15 pm Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Agenda For Your Planner 10/22/12 Presentations

175 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What is duty, breach and causation? After School Schedule: Thurs. til 3:15 pm Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Agenda For Your Planner 10/23/12 Presentations

176 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What is the evidence you will use against the defendant in your fairytale? After School Schedule: Thurs. til 3:15 pm Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Friday is presentation day Jumpstart: What will be the defense for your tort? Agenda For Your Planner 3/25/13 2A Computer Lab

177 Negligence (Unintentional Tort)Intentional TortStrict Liability Unintentional tortAgainst person or Property? Defendant took a risk and Caused injury Require- ments Duty: What was the duty Of care that was owed? Breach: How did the Defendant breach that Duty of care? Causation: What did the Defendant do that Caused harm? Damage: What damage Was done due to the Defendant’s negligence? Against Person:  Assault  Battery  False Imprisonment  Defamation  Intentional infliction of emotional distress  Invasion of privacy Against Property:  Trespass to private property  Nuisance  Conversion Causation: What did the Defendant do that Caused harm? Damage: What damage Was done due to the Defendant’s negligence? DefensesContributory Negligence Comparative Negligence Consent Illegiality Consent Self-defence Defence of property Defence of third person Legal authority Misuse or ignored warnings.

178 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What does my character have to do with the trial I am studying? After School Schedule: Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: What will you do differently during this mock trial? Agenda For Your Planner 4/2/13 Presentations Mock Trial positions and reading

179 Witnesses Kyle Wilkins (plaintiff) Cam Pat Connor (Plaintiff) Alec Dr. Devon Garnet (Plaintiff) Devin Dr. Terry Taylor (Defense) Rabeccah Jamie Wallace (Defense) Hayley S. Captain Marion Summers (Defense) Andrea Prosecuting Attorneys Direct Examiner of Kyle Wilkins and Opening and Closing Statement Josh H. Direct Examiner of Pat Conner and Cross-examiner of Jamie Wallace Kirstin Direct Examiner of Dr. Devon Garnett and Cross of Capt. Marion Summers Annie Cross Examiner of Dr. Terry Taylor Amanda Defense Attorneys Direct Examiner Dr. Terry Taylor Shannon Direct Examiner of Jamie Wallace Amy B. Direct Examiner of Captain Marion Summers Cross of Devon Garnett Fabian Cross Examiner of Kyle Wilkins Kindle Opening and Closing Attorney Cross Examiner of Pat Conner Kimi

180 Witnesses Terry Vickers (plaintiff) Cate Kim Simmons (Plaintiff) Nathan Lee Potter (Plaintiff) Garett Sandy Hearst (Defense) Larry Dana Ivy (Defense) Tre Jamie Fulton (Defense) Areli Prosecuting Attorneys Direct Examiner of Terry Vickers Brandon Direct Examiner of Kim Simmons and Opening and Closing Statement Maddie Direct Examiner of Lee Potter and Cross of Jamie Fulton Josh G. Cross of Sandy Hearst Zak Cross Examiner of Dana Ivy William S. Defense Attorneys Direct Examiner of Sandy Hearst and cross examiner of Lee Potter Jake Direct Examiner of Dana Ivy and Opening and Closing RC Direct Examiner of Jamie Fulton and Cross of Kim Simmons Journey Cross Examiner of Terry Vickers Olivia

181 WitnessDirectCross Steroid Case CamJosh H.Kindle AlexKirstinKimi DevinAnnieFabian RabeccahShannonAmanda HayleyAmyKirstin AndreaFabianAnnie WitnessDirectCross Drunk Driving CateBrandonOlivia NathanMaddieJourney GarettJosh G.Jake LarryJakeZak TreRCWilliam AreliJourneyJosh G.

182 1. Witness: How will you help your team (prosecution or defense)? How will you hurt your team? 2. Attorney: How will your witness hurt or harm your team? 3. EVERYONE: What piece of evidence is the most convincing?

183 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What does my character have to do with the trial I am studying? After School Schedule: Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Which team has the advantage in your case right now? Why? Agenda For Your Planner 4/3/13 Presentations Mock Trial time line

184 1. Create a timeline of what happened in your case 2. What holes do you see? 3. What evidence did you find that will support your team (defense/prosecution)?

185 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What does my character have to do with the trial I am studying? After School Schedule: Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: Which witness will be the most damaging to your team? Most helpful? Why? Agenda For Your Planner 4/4/13 Mock Trial time line Separate into teams and discuss strategy

186 Witnesses Kyle Wilkins (plaintiff) Cam Pat Connor (Plaintiff) Alec Dr. Devon Garnet (Plaintiff) Devin Dr. Terry Taylor (Defense) Rabeccah Jamie Wallace (Defense) Hayley S. Captain Marion Summers (Defense) Andrea Prosecuting Attorneys Direct Examiner of Kyle Wilkins and Opening and Closing Statement Josh H. Direct Examiner of Pat Conner and Cross-examiner of Jamie Wallace Kirstin Direct Examiner of Dr. Devon Garnett and Cross of Capt. Marion Summers Annie Cross Examiner of Dr. Terry Taylor Amanda Defense Attorneys Direct Examiner Dr. Terry Taylor Shannon Direct Examiner of Jamie Wallace Amy B. Direct Examiner of Captain Marion Summers Cross of Devon Garnett Fabian Cross Examiner of Kyle Wilkins Kindle Opening and Closing Attorney Cross Examiner of Pat Conner Kimi

187 Witnesses Terry Vickers (plaintiff) Cate Kim Simmons (Plaintiff) Nathan Lee Potter (Plaintiff) Garett Sandy Hearst (Defense) Larry Dana Ivy (Defense) Tre Jamie Fulton (Defense) Areli Prosecuting Attorneys Direct Examiner of Terry Vickers Brandon Direct Examiner of Kim Simmons and Opening and Closing Statement Maddie Direct Examiner of Lee Potter and Cross of Jamie Fulton Josh G. Cross of Sandy Hearst Zak Cross Examiner of Dana Ivy William S. Defense Attorneys Direct Examiner of Sandy Hearst and cross examiner of Lee Potter Jake Direct Examiner of Dana Ivy and Opening and Closing RC Direct Examiner of Jamie Fulton and Cross of Kim Simmons Journey Cross Examiner of Terry Vickers Olivia

188 WitnessDirectCross Steroid Case CamJosh H.Kindle AlexKirstinKimi DevinAnnieFabian RabeccahShannonAmanda HayleyAmyKirstin AndreaFabianAnnie WitnessDirectCross Drunk Driving CateBrandonOlivia NathanMaddieJourney GarettJosh G.Jake LarryJakeZak TreRCWilliam AreliJourneyJosh G.

189 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What does my character have to do with the trial I am studying? After School Schedule: Today’s skill assessment: Tonight’s homework for your planner: Next Due Date for your planner: Jumpstart: What are your spring break plans? Agenda For Your Planner 4/5/13 Work with teams

190 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What questions should I ask to help my team win this case? After School Schedule: Mon, Tues, Thurs, Fri Today’s skill assessment: Analysis Tonight’s homework for your planner: Work on your questions Next Due Date for your planner: Thursday – First mock trial Jumpstart: Will your team be ready to go on Thursday? What more needs to be done? Agenda For Your Planner 4/15/13 Work with teams, plan and practice questions

191 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What questions should I ask to help my team win this case? After School Schedule: Mon, Tues, Thurs, Fri Today’s skill assessment: Analysis Tonight’s homework for your planner: Work on your questions Next Due Date for your planner: Thursday – First mock trial Jumpstart: What emotion will you most use for the trial? Why? Agenda For Your Planner 4/16/13 Work with teams, plan and practice questions

192 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective What questions should I ask to help my team win this case? After School Schedule: Mon, Tues, Thurs, Fri Today’s skill assessment: Analysis Tonight’s homework for your planner: Work on your questions Next Due Date for your planner: Thursday – First mock trial Jumpstart: Who did the best job as attorney and witness? Agenda For Your Planner 4/23/13 Closing statements Explain 3 branches

193 To be an informed citizen of the United States Government and History who consistently contributes to our diverse society. Objective Objective How should I be taking notes? After School Schedule: Mon, Tues, Thurs, Fri Today’s skill assessment: Analysis Tonight’s homework for your planner: Work on your questions Next Due Date for your planner: Thursday – First mock trial Jumpstart: How should you take notes while researching for the CBA? Agenda For Your Planner 4/29/13 Works Cited and Note-taking

194  When you take notes keep track of your sources  Always copy and paste the link in case you need to go back and put it back in  Open a word document and title it “Works Cited” and put the links and websites there

195 Witnesses Kyle Wilkins (plaintiff) Cam Pat Connor (Plaintiff) Alec Dr. Devon Garnet (Plaintiff) Devin Dr. Terry Taylor (Defense) Rabeccah Jamie Wallace (Defense) Hayley S. Captain Marion Summers (Defense) Andrea Prosecuting Attorneys Direct Examiner of Kyle Wilkins and Opening and Closing Statement Josh H. Direct Examiner of Pat Conner and Cross-examiner of Jamie Wallace Kirstin Direct Examiner of Dr. Devon Garnett and Cross of Capt. Marion Summers Annie Cross Examiner of Dr. Terry Taylor Amanda Defense Attorneys Direct Examiner Dr. Terry Taylor Shannon Direct Examiner of Jamie Wallace Amy B. Direct Examiner of Captain Marion Summers Cross of Devon Garnett Fabian Cross Examiner of Kyle Wilkins Kindle Opening and Closing Attorney Cross Examiner of Pat Conner Kimi

196 Witnesses Terry Vickers (plaintiff) Cate Kim Simmons (Plaintiff) Nathan Lee Potter (Plaintiff) Garett Randy Hearst (Defense) Larry Dana Ivy (Defense) Tre Jamie Fulton (Defense) Areli Prosecuting Attorneys Direct Examiner of Terry Vickers Brandon Direct Examiner of Kim Simmons and Opening and Closing Statement Maddie Direct Examiner of Lee Potter and Cross of Jamie Fulton Josh G. Cross of Sandy Hearst Zak Cross Examiner of Dana Ivy William S. Defense Attorneys Direct Examiner of Sandy Hearst and cross examiner of Lee Potter Jake Direct Examiner of Dana Ivy and Opening and Closing RC Direct Examiner of Jamie Fulton and Cross of Kim Simmons Journey Cross Examiner of Terry Vickers Olivia

197 President 1. Vice-President 2. Secretary of State 3. Secretary of Defense 4. Attorney General 5. Head of NBI 6. Head of secret service 7. Senators Representatives (14 or so) Senators (7 or so) Supreme Court Justices – Mrs. Norlin, Mrs. Westering and Mrs. Cramer


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