Civics_Ch6_webquest

=**Judicial Branch Web Quest**=


 * Introduction:** Have you ever wondered how the Supreme Court decides its cases? Well, today you will fill the shoes (or robe) of a Supreme Court justice.


 * Task:** You and the other Supreme Court justices will make a decision that will impact the entire nation so get ready to make history!


 * Process:** You need to be in your assigned groups. Next, you must find President Hill to see who he nominates as Chief Justice. Finally, you're ready to start the case. Read the case individually - you'll be instructed to move with the rest of the group when it's time.


 * Case:** Terry Lyons is a student at Phillips Street High School. He was a mischievious student who often got into hot water with his teachers. He wasn't bad, but was always getting into mischief. Little did young Terry know, he would be involved in a court case that would eventually get the whole way to the Supreme Court. Terry was good friends with a boy named Tom...Tom McCombie. Terry and Tom had a test in history and they knew it would be difficult. Therefore, they came up with a plan. Terry was going to bring his mom's cell phone to school and Tom would bring his dad's cell phone. It worked out that when Terry had to take the test, Tom was in a study hall and vice versa. They planned to text message the answers to each other. They made sure only to check their cell phones for text messages when the teacher, Mr. Castiglione, had his back turned helping other students who had questions. It appeared as though they had gotten away with their little scam. However, a few of the students who knew what was happening went to Mr. Castiglione who in turn went to Principal Stape. The principal called the students to the office and asked them if they did what they were accused of doing. Tom and Terry both said no. Principal Stape told the two boys to prove that the cell phone wasn't in their pockets. However, the boys didn't have the cell phones with them at the time. They were smart enough to put them in their lockers. Principal Stape thought that it was possible that the boys would have done such a thing so he had them open their lockers for him to search. He confiscated the cell phones and was able to view the text messages to prove that the boys were cheating on their tests. Cheating on the test would result in the punishment of taking a zero on the test. However, the boys also broke a bigger school rule. Phillips Street High School has a rule banning all electronic equipment in the school during the school day. There is a severe punishment for breaking this rule. As a result, the boys were expelled (kicked out of) from school.

The boys had to go on trial to plead their case as to whether or not they should be expelled. The text messages though were proof and the jury found them guilty. However, the parents of the two boys decided to appeal (seek a review of) the case to the Circuit Court of Appeals believing that the school and Principal Stape violated their 4th amendment rights of no illegal searches or seizures. Their argument was that Principal Stape did not have a search warrant to search their lockers and also didn't have probable cause because Principal Stape didn't know FOR SURE that the boys had cell phones and were text messaging. He only heard about it from Mr. Castiglione who had only heard about it from other students, which makes it hearsay evidence. Hearsay evidence means a witness doesn't know for sure that a crime was committed, but HEARD or THOUGHT a crime was committed. The Lyons' family and McCombie family believes that the boys should be re-instated based on a violation of their 4th amendment right. The parents aren't denying that the boys cheated and should take a zero on the test for cheating, but claim that they only were expelled for breaking the cell phone rule and that if Principal Stape didn't violate their 4th amendment right to find the cell phones, they would still be allowed in school. The Circuit Court of appeals works differently than the trial court that found the boys guilty of cheating and having cell phones in school. The Circuit Court has to look at the law rather than facts. The facts were that the boys were caught cheating and with a cell phone. That doesn't matter to the Circuit Court. What matters is whether or not the authorities violated the law getting the facts. The Circuit Court couldn't reach a decision and so it will go to the Supreme Court. That's where you come in!


 * Notebook:** Here's what you need to decide and do. The __central question__ is whether or not school administrators searching school lockers without a search warrant or probable cause violates students' 4th amendment right of no illegal searches or seizures or if this action is okay for safety.
 * (1) On your notebook paper, give your initial opinion to the central question in one sentence.
 * Next, it's time to debate. Now, get together with the others in your group (your row). The Chief Justice runs the conference, which is the process of the justices discussing the case. Therefore, the Chief Justice decides who gets to talk and when. Each just has to read his or her statement.
 * The Supreme Court continues the conference. You need to discuss the case. Your decision is important because it will impact the whole nation. Your decision will tell the nation whether or not school administrators are allowed to search lockers (as well as book bags, cars in the parking lot, or anything students bring) with or without a search warrant. Keep in mind this case was about a cell phone...it could have been anything that the principal was searching to find - think of situations in which school administrators SHOULD be allowed to conduct a random locker search.
 * (2) After debating, go back to your seat and write your opinion (each individual justice gives his/her decision on the case). Here's what you have to write. In the court case Lyons and McCombie v. Phillips Street High School, answer yes or no: Did the school administration violate the 4th amendment right of no illegal searches or seizures? After you answer yes or no, in a paragraph write your reason(s) why.
 * Once all members wrote their opinions, the Chief Justice has to count the yes votes and no votes so that you can see how your court ruled.
 * (3) Finally, on your notebook paper, write a paragraph on why Supreme Court decisions can impact the entire country.


 * Conclusion:** (4) Why is the Supreme Court power of Judicial Review (power to declare laws or acts of government officials as constitutional or unconditutional) an important check and balance?

When you're complete, go to the U.S. Supreme Court web site. Look for the tab that says "About the Supreme Court." Read through the information on links provided from that tab and write down information that you learned from the web site. [|Click here for the U.S. Supreme Court web site]

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