Understanding Minnesota's Judiciary: Judicial Decision Making, Study Guides, Projects, Research of Decision Making

Download Understanding Minnesota's Judiciary: Judicial Decision Making and more Study Guides, Projects, Research Decision Making in PDF only on Docsity! Understanding the Minnesota Judiciary: Judicial Decision Making Lesson Plan Abstract: This lesson describes Minnesota’s different levels of courts differentiating them by structure, function, and decision making processes. The lesson includes a brief lecture/direct instruction component as well as a guided discussion activity. The direct instruction component is appropriate for any Civics course with a Judicial Branch unit focus. Due to its content, the lesson activity as written is most suitable for older high school students in Government or Civics classes. Objectives: 1. The students will be able to describe the three levels courts in Minnesota’s Judicial Branch. 2. The students will be able to accurately apply the different decision-making processes employed by each level of the MN courts. 3. The students will write a Supreme-Court-style opinion encompassing an analysis of legal arguments and interpretations beyond their own opinions. Grade Level: Most appropriate for Seniors/Juniors Time to Complete: Approximately 50-60 minutes Materials Needed: Student worksheet (chart and scenario); completed teacher-copy of chart for reference/projection; Judicial Decision Making Talking Points, and Minnesota Courts Student Reading. Procedure: 1. Distribute blank worksheets with the chart on top and activity below and the student readings. 2. Using the Minnesota Courts Student Reading, have students complete the chart individually or in small groups to the best of their ability. 3. In large group, review the details that complete the chart, go through with class and ensure each completes the chart on their sheet. (approximately 15 minutes) a. Explain that when judges make decisions, they have rules to follow and the rules are sometimes different depending on what court is hearing the case. When a case is appealed to a higher court (in most cases the Minnesota Court of Appeals), “standards of review” provide the rules for reviewing the district court’s actions. Describe the “standards of review” used by the appellate courts (this step will provide a more complete picture of the decision making process at each level of court): Standards of Review: 1. Questions of law. Appellate judges determine for themselves what law to apply, what the statute means, what the constitution requires. They do not have to give the district court any deference on questions of law. 2. Clearly erroneous. District court’s determination of what happened (factual findings) is given deference by the appellate courts. If there is no reasonable evidence to support the findings, the appellate courts will set it aside. District courts’ decisions regarding the facts are given deference because the district court judge observes the testimony and can best decide if witnesses are credible and telling the truth. 3. Abuse of discretion. District court judges manage trials the best they can. They have some discretion in many of the decisions they make such as what instructions to provide the jury, what evidence to allow, etc. The appellate judges can order a new trial if during an appeal it is shown that the district court abused its discretion and its decisions may have changed the outcome of the trial. Abuse of Discretion Examples Student example: your school does not require school uniforms and your parents let you decide what to wear. You get to exercise your “discretion.” But if you were to decide to wear your pajamas to school, your parents would see that as an abuse of your discretion. Student example: your parents let you drive the car back and forth to school and to activities with your friends. Choosing to drive 50 miles to a pizza place would probably be seen as an abuse of your discretion. Judicial example: A judge in a divorce case determines how much one party will be required to pay to the other party for “maintenance” (living expenses). If most judges would order between $800 and $1,200 a month in similar cases, it would be an abuse of discretion to award maintenance of $4,000. `Understanding the Minnesota Judiciary: Judicial Decision Making Student Handout (COMPLETED) LEVEL OF COURT WHO? HOW DO THEY DECIDE? District Court 1 judge and jury unless party waives right to a jury trial (289 district court judges in Minnesota) Judge/jury decides the facts of the case and apply the law. Law can come from a statute or previous cases Judges manage the trial; decide what instructions to provide the jury, what evidence to allow MN Court of Appeals Case is considered by a 3-judge panel (19 judges in state) Everyone has the right to one appeal. Judges must take the case. Judges consider briefs and oral arguments (no witnesses). Judges apply precedents. (decisions of earlier cases) Judges determine the standard of review and decide if errors occurred during the trial. Judges accept facts found by lower court unless there is no reasonable evidence to support the district court’s findings of fact. Appellate judges determine for themselves what law to apply, what the statute means, what the constitution requires. MN Supreme Court 7 justices Supreme court not required to take every case on appeal except must take 1st degree murder and elections cases. Justices consider briefs and oral arguments. Court not absolutely bound by precedents (can decide they made a mistake in an earlier case, times have changed, precedent is too old, this case needs to be distinguished or clarified, etc.) Justices decide if law is constitutional. Understanding the Minnesota Judiciary: Judicial Decision Making Talking Points 1. Judges are responsible for making sure that trials are fair and disputes are resolved according to the law. 2. To make sure that trials are fair and impartial, judges remain independent from outside influences. This independence does not mean they can do whatever they want. They must follow the law. 3. Judges decide cases based on precedent, a previously decided case that furnishes a basis for deciding new cases involving similar facts or issues. Deciding cases in this way helps create a uniform and predictable legal system. 4. The decision making process of judges depends on whether the case is before a district court (also known as a trial court) or before an appellate court. a. Cases before the trial court include testimony of witnesses, introduction of evidence, juries, and sentencing. Trial court judges pay close attention to credibility of witnesses and quality of evidence. They also manage the jury. When there is no jury, the judge decides the outcome of the trial. b. Cases before the Minnesota’s appellate courts (Minnesota Court of Appeals and Minnesota Supreme Court) evaluate the trial court’s actions. Was the appropriate law applied correctly? Did the judge abuse his or her discretion? Judges in all courts consider the constitutionality of the law being applied. 5. Appellate courts engage in group decision-making requiring each member of the court to express and listen to the opinions of each colleague. A judge votes for his/her sincere and impartial belief as to the correct result based on the law and previous cases, but also tries to keep an open mind and reach consensus. 6. Appellate court decisions are delivered in an opinion, a written document that explains the decision and the reasons for the decision. The opinion is authored by one of the judges but it is “the opinion of the court” so the entire court must agree with the wording of the written opinion. If consensus cannot be reached, a judge may file a dissenting opinion (disagreeing with the result) or a concurring opinion (agreeing with the result but disagreeing on the legal reasoning.) 7. Appellate courts function well because the judges are collegial- they work in close relationship with each other and respect each others’ differences. Judges are on equal status with each other and each judge has one vote. 8. Appellate court decisions are often “close calls” with the “one correct answer” not usually apparent. Therefore, good judges may have legitimate and principled reasons for disagreeing with the result in a case. 9. Appellate judges do not discuss how to decide a case with anyone outside of the court or the court’s staff. The deliberations are confidential. STUDENT HANDOUT: Judicial Decision Making Understanding the Minnesota Judiciary: Judicial Decision Making Student Handout LEVEL OF COURT WHO? HOW DO THEY DECIDE? District Court MN Court of Appeals MN Supreme Court HYPOTHETICAL CASE: STATE V. MRS. AVERAGE Mrs. Average is arrested for violating the Minnesota Adultery statute with her neighbor. Minnesota Statutes, §609.36 defines adultery as sexual intercourse between a married woman and a man not her husband. The charge is a gross misdemeanor. If convicted, both parties involved are subject to a sentence of not more than one year in jail or a fine of not more than $3,000 or both. Mrs. Average both denies the affair and challenges the validity of the statute and waives her right to a jury trial. In exchange for a lighter sentence, her neighbor testifies under oath that the affair did indeed occur.