| • Introduction | |
| • What is a Court? | • Contacting the California Courts |
| • Take a Tour (3rd Grade) | • California Court of Appeals |
| • Supreme Court of California | |
| • Federal Courts in California |
Courthouses provide a variety of educational activities that can enrich student understanding of civics, the judicial branch, the rule of law and legal professions. Visits can be tailored to increase student understanding of appropriate History-Social Science Content Standards for California Public Schools. Activities for each grade level are suggested that insure that students are studying concepts related to the standards and that visit activities are not duplicated between grades. This section, however, also includes an introductory lesson about the courts ( What is a Court, page 3) that can be used for any grade in situations where a sufficient number of students in the class have little or no knowledge of the courts prior to a visit. It is not essential to complete the What is a Court lesson before scheduling a visit.
Courthouse activities by grade level are found on:
3 rd grade- Take a courthouse tour
4 th grade - Interview a judge or legal professional
5 th grade - Observe a trial or hearing
Students will receive the most out of their courthouse visit if it is related to something being studied in class. Examples from the History-Social Science Content Standards for California Public Schools are provided below:
3.4 Students understand the role of rules and laws in our daily lives and the basic structure of the U.S. government.
4.5 Students understand the structures, functions and powers of the local, state, and federal governments as described in the U.S. Constitution.
5.7 Students describe the people and events associated with the development of the U.S. Constitution and analyze the Constitution's significance as the foundation of the American republic.It would also be beneficial to students to learn some basics about the California court system before their visit. This resource guide includes materials to assist with this, such as the Court System Overview (Section II) and the Glossary of Terms included in Additional Resources (Section VII). The optional lesson entitled What is a Court on page 3 could also be used prior to a courthouse visit.
Grades 1-4 Content III (C) Major responsibilities of state government. Students should be able to explain the most important responsibilities of their state government.
appeal |
judge |
state courts |
dispute |
jury |
trial |
evidence |
lawyer |
U.S. Constitution |
federal courts |
legislation |
witness |
guilty |
sentence |
The purposes of trial and appeals courts are explored through teacher presentation, class discussion and small group investigation. This lesson follows lessons on the three branches of government and helps explain the judicial branch. The lesson starts with a simple example of problem solving and expands to address characteristics specific to courts. The assistance of a resource person, particularly a judge or attorney, would be ideal for this lesson. The resource person could assist with presenting the court overview and answering student questions about the role of courts, court procedures, the differences between trial and appeals courts.
Describe the judicial branch of government.
Define "What is a Court".
Understand fundamental purposes of the judicial branch, including the role of the court as a "referee" between government power and individual rights.
Learn fundamental principles of fairness when deciding disputes.
Distinguish between the role of the trial court and that of the appeals court.
• one copy Courts and Justice
• one copy California and Federal Courts
• student copies of Worksheet, Resolving Disputes
• one copy, Court Characteristics
• student copies of Worksheet, Trial Court or Appeals Court
Introduce the concept of "court" by using the graphics on pages 8-9. Ask students what other things they know or have heard about courts and laws. Brainstorm and list on the board all the words suggested by students.
Provide students with background information on the judicial branch. This information is provided in Section II but broadly summarized here for teacher convenience. Another option is to use the print and non-print resources starting on page 6, including We the People book and the internet site Ben's Guide to US Government. The federal and state court comparison chart may also be helpful. Key points to cover from these resources include:
• Courts have different jobs from the legislature and executive branch.
• Courts interpret and apply the law to resolve disputes between parties.
• Courts serve as a referee between the government and the people by figuring out the limits of government power and the extent of an individual's rights and responsibilities.
• Laws that courts interpret when making decisions about cases come from many sources:
• U.S. Constitution
• California's Constitution
• laws passed by the Legislature
• previous court decisions
• California like all states, has both state and federal courts. Both court systems have their own trial and appeals courts.
• The highest court in the nation is the United States Supreme Court. The highest Court in California is the California Supreme Court.
3. Students work in groups and identify "disputes". Start them off with a simple example, such as a disagreement between two brothers over who owns a soccer ball. Who should decide? The brothers, an older sister? What happens if one brother disagrees with decision? What can he do? Using the Worksheet students should review the dispute given in Column One and answer the questions in Column Two: Who should make the decision? How do you insure that the process to make the decision will be fair? What should happen if one person disagrees with the decision?
4. Student groups volunteer some examples of their dispute resolution processes. Explain that this is similar to what courts do. Courts resolve disputes about the law. Trial courts are places where people bring conflicts or problems for a solution. In a trial court, a judge and jury (if present) listens to witnesses and evidence and then makes a decision. If a person is unhappy with that decision, he or she can ask a court with higher authority, called an appeals court to review the decision. The person is asking the appeals court to resolve the problem in a different way than the trial court did. This is called an appeal.Discuss the characteristics of trial court and appeals court with students, as a guide. Review the court words the students listed in their earlier brainstorm and determine where they fit (trial or appeals court). The answer key for the teacher. Students work in pairs or individually to complete the Worksheet-Trials and Appeals. Students determine which court each statement applies to and write the statement in the appropriate column on the form. Students explain their answer below the statement.
Based on what they learned in the lesson, supplemented with information from the Resources section below, students respond to the following "Three things I learned about the judicial branch are.."
• Students visit the What's Happening in Court website listed in the Resources, non-print section. Students review the key Court jobs and answer the questions on the Court Job Worksheet. Answer key for the teacher.
• For homework, students review their local newspaper and find a story about a court case. With parent assistance, students answer the following questions. What was the case about? Was the case a trial or an appeal? What did you learn about the court by reading this article?
• Teacher reads the story of Marshall, the Courthouse Mouse: A Tail of the U.S. Supreme Court aloud to the class. Students draw a picture depicting what they learned from the story about the U.S. Supreme Court.
• Read either the Thurgood Marshall, Young Justice or In the Year of the Boar and Jackie Robinson literature recommendations with the class and discuss values of justice, fairness, and equality that are exemplified by the stories.
Barnes, Peter W. and Cheryl Shaw Barnes. Marshall, the Courthouse Mouse: A Tail of the U.S. Supreme Court. Alexandria, Virginia: Vacation Spot Publishing, 1998. Chief Justice Marshall J. Mouse and his fellow justices illustrate the appeals process, from challenging a law through the decision-making process conducted by the justices. Although focused on the federal level, the book provides a good introduction to the judicial branch in a format that will interest children.
Center for Civic Education. We the People. Calabasas, California: Center for Civic Education, 1998. Basic information about the U.S. government is provided, with separate chapters on the legislative, executive and judicial branches explained in simple terms.
Dunham, Montrew. Thurgood Marshall, Young Justice. Simon and Schuster Children's Books: New York, New York, 1998. Account of the first African American United States Supreme Court Justice's early life. The story of this remarkable man is written in an accessible and interesting format for young readers.
Lord, Betto Bao. In the Year of the Boar and Jackie Robinson. New York, New York: Harper Collins Juvenile Books, 1984. The main character develops a love of baseball which is used to teach American values such as teamwork, equal opportunity, ability to change things for the better.
Non-print
American Bar Association Division for Public Education, Courts and Legal Procedure
http://www.abanet.org/publiced/courts/court_role.html
A good overview of how courts work is provided including the role and structure of courts, courts and legal procedures, steps in a trial, being a judge and mediation. Although the reading level may not be appropriate for all students, this site is a useful reference to increase understanding of the workings of the judicial branch.
Ben's Guide to U.S. Government for Kids, Grades 3-5
http://bensguide.gpo.gov/3-5/index.html
Basic information to help students understand the structure and role of the U.S government. Includes discussion of the differences between the state and federal governments, as well as some discussion of government services provided by the local community (educational services, libraries, fire protection). Written in a kid friendly style.
California Courts, The Judicial Branch of California, Programs, Center for Families Children & the Courts http://www.courtinfo.ca.gov/programs/children.htm
"What's Happening in Court?" is designed to reduce anxiety for children going to court, however it includes basic information and activities of educational benefit for all children. Descriptions of court hearing types involving children are included, key personnel are described and court vocabulary is explained. Various games and puzzles help reinforce what is learned. The activities may be done on line in an interactive format, or the book may be printed. Both the interactive and print versions are available in English and Spanish.
The History-Social Science Standards for 3 rd graders emphasize learning about the local community. Students, however, are also expected to learn about the role of rule and laws in our daily lives and begin to understand the structure of the U.S. Government. This lesson helps address standard 3.4, particularly 3.4.1 and 3.4.4.
A tour of the local courthouse provides an excellent opportunity to study the history of the local community. The court or the local historical society may have information about the history of the courthouse and how it has changed through the years. The court facility may be modern or of historical significance.
To assist students in learning about the history of courthouses throughout the state, students may visit the California courts website to view the Temples of Justice display of historical courthouse photos. (See the California Courts website, http://www.courtinfo.ca.gov under Courts, Temples of Justice). The project shows "the history of the state from Spanish colonialism to pioneer society to statehood". A photograph of each county courthouse is included, accompanied by an explanatory paragraph. Teachers may use this information to generate discussions about local architecture as well as to discuss California history. Students could be assigned courthouses to research in varies counties and to identify interesting facts, such as which is the oldest courthouse still in operation? Students can expand this research by learning about the history of their county as well, through county websites or the California State Association of Counties website http://www.csac.counties.org/counties_close_up_menu.html .
A visit to the courthouse will also help students understand the court's unique role in their local community. Courts are an independent branch of government funded by the state, but they also exist in the local community and must be responsive to the needs of the local demographics. For example, courts must respond to the demographics of their communities by providing interpreters to help non-English speaking persons understand court proceedings. Given that California has 224 different languages and many dialects, provision of interpreter services is very challenging in some courts. Court personnel, particularly judges and court managers, work with other local government representatives to address important community issues, such as access to legal services for those in need, juvenile delinquency and substance abuse. Thus, courts operate both independently to insure fairness of the judicial process, but also must work cooperatively with other agencies to address community needs. Learning about the court will thus assist students in learning about how local government works
While 3rd graders are not expected to formally study government, the standards do require them to learn about rules and laws and the basic structure of the U.S. government. A tour will expose students to the functions handled by the court, provide opportunities to meet court personnel, including judges, a chance to ask questions about the history of the courthouse, learn why courts are important in a democratic society and increase student awareness of the role of jurors. A tour of the courthouse may also be combined with a visit to the mayor's office or other local government officials, to increase student understanding of the concept of separate branches of government.
Depending on circumstances in the court on the day of the visit, some educational lessons found in other sections of the teaching tools binder could also take place at the courthouse. For example, the judge might be able to walk students through the various aspects of a court hearing or preside over a mock trial involving students in key roles.
On the following chart you will find the California Superior Courts listed by county. Teachers are encouraged to visit the individual web sites to find information for each individual court location within a county. Visiting the court's website in advance of the visit to the courthouse may generate student interest and discussion. If you have the equipment available, an alternative would be to take your students on a "grand" virtual tour of the court(s) during class.
California Superior Courts By County
Interviewing judges and other legal professionals will enhance student understanding of the functions and powers of government. As judges are elected officials, this activity is particularly relevant to standard 4.5.4, but should elicit information helpful to understanding key concepts of 4.5.
Many judges enjoy talking to students about the courts and their role as judges. Ethical guidelines prevent judges from talking about matters pending before them, but judges are able to answer questions about what it is like to be a judge or other court personnel and what it is like to work for the courts. Other legal professionals such as court clerks, court reporters and bailiffs may also be willing to talk to students. These interviews do not have to take place at the courthouse. Another option is to invite law related professionals into the classroom to speak to students, using these or other questions selected by the class. In addition to learning about the courts, these interviews can serve as an introduction to careers and court work-related possibilities.
When you contact your court to request a visit, be specific about your request. For example, what categories of legal professionals do you want to interview? What kinds of questions do you want to ask? Some question ideas for these interviews are provided below. This section was adapted from the CRADLE lesson entitled Lawmakers Who's Who in the Law created by Patricia Jarvis, Elementary School Teacher, Woonsocket, Rhode Island .
General Questions for all Interviewees
CourtAdministrator/Manager Questions
Observing a court hearing or trial provides 5 th graders an opportunity to see first hand how the Constitution protects our liberties through due process protections provided to all who appear before the court. This will enable students to better understand the abstract concepts contained in the Bill of Rights and to give meaning to the phrase "the rule of law". Thus, this activity is particularly relevant to standard 5.7.
Most court hearings are open to the public, however, some are confidential and there may be hearings that would be inappropriate for children due to the horrific or graphic nature of the crime. With these limits in mind, students are welcome to view proceedings that are open to the public, provided the proper rules of behavior are followed.
The following charts illustrate the various characteristics of types of hearings, courtroom personnel and key courtroom terminology intended to orient students to the courtroom environment prior to their visit. The charts are designed for you to copy and use as transparencies in your classroom discussion.
Differences Between Civil and Criminal Court Proceedings
Types of hearing for Observation
To set up a visit, teachers should contact the clerk's office for the Superior Court of California in their county that they wish to visit. It is best to provide as much lead-time as possible, to insure appropriate arrangements can be made for an educational visit. Many California courts have staff that handle community outreach/educational programs such as courthouse visits. These individuals, or other staff in the clerk's office, can help teachers select an appropriate date for a class visit. For 5 th grade classes that want to observe a court session, staff can assist with finding an appropriate viewing time. Court staff can also assist with answers to logistical questions, such as where to park.
Some questions you may want to ask the clerk's office:
• How many students may I bring to the court at one time?
• Which days and times are best to bring students to the court?
• What can my students do at the court?
• What parts of the courthouse can my students visit?
• What are the rules of behavior and dress the students must follow? (Generally these include: no food or drink in the courtroom, no gum, and no hats. There may be different rules for an individual court. (See Courthouse Behavior Sheet ).
• Are there any judges or other law related personnel such as clerks, court reporters or attorneys willing to speak to the students? How can I set up a meeting or interview with them?
• Would any court personnel be willing to visit my classroom before or after the visit?
• Do you have any prepared material I can share with my class before our visit?
Contact information for state and federal courts follows, organized by court type.
Superior Courts of California
California Superior Courts will be the most appropriate courts for students in grades 3-5 to visit. Many courts have community outreach programs that include school tours. Teachers may want to visit the superior courts website in their county before arranging a trip to the Court, see page 6 for a list of websites. These websites include contact information.
You can also look in the local phone book, under the government section to find the superior court in your county.
Although younger students are less likely to visit the appeals courts, these courts are a vital part of the Judicial Branch. The following information is provided for those interested in learning more about the appellate courts.
There are six appellate court districts in California, with 19 divisions and 105 justices. District headquarters are:
First Appellate District - San Francisco
Second Appellate District- Los Angeles
Third Appellate District-Sacramento
Fourth Appellate District, Division One- San Diego
Fifth Appellate District- Fresno
Sixth Appellate District- San Jose
Additional information about the California Courts of Appeal is available at the California Courts website: http://www.courtinfo.ca.gov/courts/courtsofappeal/about.htm
The Supreme Court of California is the state's highest court. Its decisions are binding on all other California state courts. The court conducts regular sessions in San Francisco, Los Angeles, and Sacramento; it may also hold special sessions elsewhere.
Access the California Courts website to learn more: http://www.courtinfo.ca.gov/courts/supreme/about.htm
United States Courts located in California are part of the 9 th circuit. There are four districts in California: Central, Eastern, Northern and Southern. Each of these districts has a bankruptcy court and a district court. For location and contact information, access the Federal Judiciary website http://www.uscourts.gov/. Click on the court type you are interested in, such as U.S. District Courts to access more information.
Following the Courthouse Visit Student Activities
Individual or Group Activities