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Unit 1, Lesson 3: The Rule of Law and Impartiality of the Courts

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No, David!

By David Shannon

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This is the third lesson in the unit, No David! Introduction to the Rule of Law. Students will focus on the meaning of impartiality, especially as it relates to the judiciary. A PowerPoint reviews the three branches of government (and/or introduces), and uses the analogy of the role referees are assigned at a baseball game to the role of judges in the courtroom.

Materials & Resources Needed

Standards Addressed

California History Social Science Content Standards

Grade 5 Common Core Speaking and Listening Standards

  1. Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grade 5 topics and texts, building on others’ ideas and expressing their own clearly.

Essential Questions / Issues

Objective

Students will analyze the impartial role of judges, and understand the purpose of the Rule of Law as evidenced by discussion, and answers to an open-ended writing prompt.

Assessment

Teacher observation based on the following writing prompt and rubric:

Quality Criteria Rubric

  Absolutely Almost Not Yet
Speaking and Listening

  • Collaborative discussions with clear expressions of ideas
  • Builds on other’s ideas, responds to others’ questions
  • Prepared, follows roles assigned
  • Reviews key ideas from discussion and draw conclusions, shares at a reasonable pace using logical reasoning
Writing Prompt

  • Writing response shows thought and analysis regarding the implications of impartiality as it relates to the Rule of Law and the Constitution.
  • Specific examples are provided to justify points made.

Learning Activities (60–65 minutes)

Hook (5 minutes)

Story / Example: When I was your age, my brother and I had chores we were expected to do. For example, I did the dishes, set the table, dusted and vacuumed. My brother was assigned to help my dad with the yard work on the weekends. I did my chores all week long. When the weekend came, my brother would refuse to sweep up the sidewalk after the grass was mowed, so I had to do it! I felt this was unfair and that we were being treated differently ~ not following the rules of the household.

Think about a time you feel the rules were not applied fairly to you (at school, on the playground, at home, or any activities in which you are involved). Share with your partner.

Whole Group (10 minutes)

Discuss the Rule of Law… With fairness in mind, what do you think is meant by the Rule of Law? Students brainstorm and discuss in small groups and then whole group reconvenes and teacher charts comments. Continue to probe, and bring students to the following understanding:

The rule of law is the underlying framework of rules and rights written in the Constitution that make prosperous and fair societies possible. The rule of law is a system in which no one, including government, is above the law; where laws protect fundamental rights; and where justice is accessible to all (or is for everyone).

Introduce “impartiality”… Write the word “impartiality” on the board…ask students to tell what they think this what means…(delve for vocabulary such as “justice”, “fairness”, the root word, “partial”, impartial), then ask how impartiality would apply to the Rule of Law and the judicial branch of government, role of judges.

PowerPoint (30 minutes)

Show the PowerPoint (lower grades or upper grades), The Importance of an Impartial Judiciary. Assign half the class to “chorally read” the part of the umpire, and the other half of the class to “chorally read” the part of the player.

*Note: Preview the PowerPoint first, you need to be sure that you have the proper program on your computer to show the “video” section. In addition, you may want to modify (delete) parts of this presentation for your own purposes and grade level.

Open-Ended prompt (15 minutes)

Students write to the following prompts (PDF): What does it mean to have an impartial court? What does the Rule of Law have to do with impartiality? Give a specific example (besides the baseball example in the video) of how the Rule of Law and impartiality might have an effect on you if it were not in place.

Related Student Work Samples:

Closure (10 minutes)

Ask some of the students to share their prompts with the whole group…reinforce understandings about the Rule of Law and impartiality as it relates to justice.

Special Needs of Students Are Considered in This Lesson

The use of visuals, pair share, and the PowerPoint, helps with different learning styles. ELL students can be given some assistance in Spanish, and benefit from grouping strategies and brainstorming, may respond to prompt verbally. GATE students have the opportunity to apply their understanding by creating their own examples during the Open-Ended Prompt.

Extension Ideas

Have students research the cases in the video (for example, Brown vs. Board of Education), or other cases (Courts in the Classroom: courtsed.org) and analyze how the Rule of Law and an impartial judiciary made a difference.

References