The Michigan Court System

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This lesson is most appropriate for High School classrooms.

Theme: What happens in Michigan's courts, and what kinds of cases are heard in Michigan's courts

MCF Benchmark: Using actual cases, evaluate the effectiveness of civil and criminal courts in the United States.

Other benchmarks this lesson targets include: none

Materials needed:

  1. Attached worksheets provided.
  2. 3x5 cards
  3. Blank typing paper
  4. Numerous Glue or Tape dispensers.
  5. 8-10 pieces of poster board, depending on class and small-group size.
  6. Markers/colored pencils/pens
  7. Newspapers // magazines provided (optional)
  8. Internet access (optional)

Methodological procedure:

This lesson plan involves three class periods of 45-50 minutes per period.

DAY ONE

1. Introduction

Introduce some key concepts of the court system. Once the key concepts have been adequately covered, use the note keeping handouts to guide students through the federal and state courts that hold jurisdiction in Michigan.

An option to lecturing on the Michigan Courts would be to have students do the research themselves via the internet links listed below. This option requires Internet labs of at least 10 computers. The note guide is designed to make it possible for students to complete the worksheets using the sites provided below. They only need to discover the names of the courts and the appropriate placement of appeals arrows

Some of the key terms and concepts are as follows:

-- DUAL COURT SYSTEM -- parallel systems, existing side by side. Michigan courts derive power from the Michigan constitution and Michigan laws. Federal courts derive power from the US Constitution and federal law.
-- TYPES OF LAW
CRIMINAL -- defines crimes and provides for their punishment.
CIVIL -- relating to disputes among two or more individuals/organizations/groups or
between them and the government.
CONSTITUTIONAL --deal with cases both criminal and civil that hit on interpretation and application of the state or federal constitution. Many of these deal with criminal and civil rights.
-- JURISDICTION -- authority to hear certain kinds of cases.
STATE JURISDICTION -- any cases dealing with the MI constitution, MI law, local ordinances, disputes between two or more individuals within MI or two or more companies/ organizations/ groups within MI, or a person/ business/ organization
versus the state of MI or related government agency or body.
FEDERAL JURISDICTION -- any cases involving the US constitution, federal laws, treaties, bankruptcy, admiralty or maritime law. If these parties are involved:
ambassadors or other representatives of foreign countries, two or more state governments, US government / agencies/ offices, citizens of different states, state and citizens of different state, state/ citizens versus foreign country/ citizens, or two citizens of same state fighting over land granted by another state. Some of the criminal law that falls under federal jurisdiction includes: terrorism, bank robbery, espionage, counterfeiting, crimes against federal properties, kidnapping, stolen cars across state lines, murder of federal employees, bombs, selling illegal weapons/ narcotics.
CONCURRENT-- rare cases when jurisdiction between federal and state overlap.
Includes any lawsuit where citizens of different states are involved in disputes concerning at least $50,000, the person being sued can insist on federal court. Some criminal acts that involve single events or multiple events that violate both federal and state laws simultaneously.

OTHER POSSIBLE TERMS:

capital offense, plaintiff, defendant, misdemeanor, felony, probate, preliminary hearing, grand jury, petit (trial) jury, appellate and original jurisdiction, common law, due process, judiciary, international law, World Court, judicial power, judicial review, domestic relations, magistrates, mediation, and Friend of the Court.

Homework.

  • Assign each student to find, neatly cut out, and bring to class two articles from newspapers / magazines (paper or electronic) that relate to courts or law (suits/crimes/etc.)
  • Instruct the students to complete the note worksheets for homework if not done so in class.

DAY TWO

2. Creating the Courts

-- If desired, check for completion of assignment and /or notes from yesterday.
--Divide the class into eight groups (3-5 students per group). Each group should the be assigned one of the following titles:
--MI Supreme Court
--Court of Appeals
--Circuit Courts
--Circuit Courts-Family Div.
--District
--Probate
--Court of Claims
--Federal Courts
-- Individual students will tape or glue their articles down on paper. As a group they will discuss what court has or may eventually have jurisdiction in each particular case.
-- Each group is responsible for creatively writing six to eight legal scenarios (one per 3x5 card). Each scenario should be at least three sentences long. The teacher should provide an example scenario to illustrate his or her expectations.
-- Three or four scenarios should involve cases/ stories that fall under their assigned court's jurisdiction.
-- The other three or four should fall under the jurisdiction of three or four other courts represented by small groups (write court titles on the board for all to see).
-- The 3x5 cards and news articles should be turned when completed.
-- Using poster board (folded in half so that it can stand independently on desks), each group will design a simple but effective sign that displays the official title of their court along with creative symbols that illustrate what type of cases their court handles.
-- Collect the poster boards at the end of class time.

DAY THREE

3. Courtroom Shuffle

-- As students enter class, they should arrange in the small groups as assigned on Day Two. Each group should place their sign in the center of their desks where it is clearly visible to others in the room.
-- Randomly mix the news articles and 3x5 scenario cards and redistribute them equally to each group.
-- Each group will take 10-15 minutes to read the cases they received and try to determine which court has jurisdiction over each particular case.
-- After group discussions, students should circulate the room, bringing each case to the court, represented by signs, that they conclude holds jurisdiction. Once all cases are distributed, students should return to their seats.
-- Each group should look over the cases that were left on their desks and determine whether they indeed hold jurisdiction. This should take five-ten minutes.

4. Closure class discussion

-- Begin by asking each group whether or not they have any cases that they believe do not fit their court. If so, as a class, discuss where the confusion lies and where the case belongs.
-- At this point, the teacher may wish to highlight the scenarios of the appellate courts in order to explain the appeals process.
-- Once the cases have been discussed sufficiently, shift the conversation toward the effectiveness of the Michigan courts. This may include discussing the (1998) creation of the Family Division of the Circuit Court and how this may or may not help with efficiency and effectiveness. This may also be a good place to discuss Small Claims court and mediation.

Author's notes:

Notes on the Introduction:

  • On Day One, you may wish to have old newspapers /magazines available to students who may not have home access.
  • The two note guides provided give an outline of the federal and state courts. The top half of each sheet gives a number along with a brief description. The numbers and descriptions signify distinct courts and correspond with the numbered boxes provided on the worksheets. Based on provided information, the appeals arrows can be drawn where appropriate.

ANSWER KEY: For your information, below are listed the Court titles that corresponds with each numbered box:

THE FEDERAL COURT SYSTEM:
  1. Michigan Supreme Court
  2. Appeals from Federal Regulatory Agencies
  3. US Claims Court
  4. US Court of International Trade
  5. US District Court
  6. US Military Court
  7. US Court of Appeals for the Federal Circuit
  8. US Circuit Courts of Appeals
  9. US Court of Military Appeals
  10. US Supreme Court
  11. US Tax Court
  12. US Court of Veterans Appeals
  13. Courts of the District of Columbia
  14. Territorial Courts
THE MICHIGAN COURT SYSTEM
  1. Michigan Supreme Court
  2. Michigan Court of Appeals
  3. Michigan Court of Claims
  4. Circuit Court
    1. Circuit--Family Division
    2. Recorders Court
  5. Probate
  6. Michigan District
  7. Municipal Court

To save time, you may wish to streamline the Federal Court notes and eliminate discussion of courts that have less exciting roles (such as 11,12,13,14). However, the federal courts as a whole are an important component to the lesson because Michigan has federal courts and legal concerns. Studying both provides a clearer perspective of how these two court systems exist side by side and offers a clear example of federalism.

You may wish to expand on this lesson in order to make the federal courts a larger piece, especially if you decide to study both the federal and state courts in the same unit.

** While discussing the types of cases dealt with in the various courts be sure to liven the topic with examples, true or fictitious. This will energize the topic and generate interest for and questions from the students.

Note on Creating the Courts:

  • As students are coming up with case scenarios, be sure to provide them with examples so that they see what is expected. Without some guidance, you will get colorless responses such as "a dude commits murder" or "I start my neighbor's barn on fire". Students will have more fun and show more interest if the scenarios have some depth.
  • The two groups representing the Michigan Supreme and Appellate Courts will be hard pressed to invent cases with original jurisdiction. Thus, have them develop two cases that work through the system to their point of appeal. Two of their 3x5 cards could describe various facts about the operation of their courts, and the rest can be on other courts.

Notes on Closure discussion:

  • Two offerings of the court that may add to discussion on effectiveness are Friend of the Court and mediation services. Friend of the Court helps investigate, enforce rulings, and collect money or damages for the Circuit courts in domestic relations cases. Mediation is an alternative to Small Claims which can be handled within ten days of request and results in settlements agreeable to both sides 90% of the time. Mediation offers a great way for two parties to avoid court costs, and it eases the caseload of the courts.
  • To add real world experience to the lesson, I assign students to visit a courtroom in session for at least fifteen minutes as one of several government projects. They respond on the experience through a provided handout. In addition, judges in my county and city have always been very open and willing to come into the classroom for a few hours to talk to students.
  • If further assessment is desired, create an individual, pair, or group that evaluates the students' ability to match cases to courts and asks for extended written response on the effectiveness of the Michigan courts.

Assessment strategies:

This assessment activity includes three parts:

  1. A student's completion of the notes and assignment given on Day One. The weight of the assignment can be left up to the discretion of the teacher.
  2. The accuracy of the student's ability on Day Two to create a visual for their court and write up scenarios of cases that will be heard in their assigned court and other courts.
  3. The accuracy of the whole class in categorizing the cases on Day Three, and their ability to participate in closure discussion that hits specifically on the concept of Michigan Court system effectiveness.

Available downloads:

  • Group Discussion, (23 K)
    This rubric provides the basic grading criteria for a group discussion.
  • Courtroom Scenario Rubric, (22 K)
    This rubric lays out the requirements and grading criteria for the scenario writing portion of the assessment for this lesson.
  • Movie, (23 K)
    This is a movie to supplement this lesson. It can be viewed using RealMedia Player.

Suggested web sites:

  • State of Michigan Government
    This sight will provide a general overview of the Michigan Judicial System as well as provide links to other sites that may be helpful. This is an excellent source on all Michigan Government and provides good general information on the Michigan courts.
  • The Michigan Supreme Court
    This site concentrates on the Michigan Supreme Court, but also discusses the other courts and provides links to other Michigan Court websites. This is probably the best site for a general overview of all courts.
  • Michigan Courts of Appeals
    This site specifically discusses the Michigan Appeals Courts. There is a section on Frequently Asked Questions that is especially helpful in that it provides useful and interesting information.
  • Kent County Government
    This site describes the Kent County government. There is an excellent section that explains the function and purpose of the Circuit Courts.
  • Federal Judiciary
    This website outlines the federal judiciary and provides some educational activities and lessons for teachers that cover a broad range of primary and secondary levels. The site provides links to other sites on the US Courts of Appeals.
  • Federal District Court
    This site provides good general information on the US district courts but also emphasizes the courts and court personnel on the western side of the state.
  • United States Supreme Court
    This is an excellent site and interesting site on the United States Supreme Court. A great site for finding out what the current "big news" is in the area of judication and constitutional interpretation. It fits the Michigan Court lesson plan as this is the only court of appeal that exists for Michigan citizens in the Michigan courts beyond the Michigan Supreme Court. It also provides great ties into current events and controversies.