Legal Externship

Name; Brian Wiggin
School: Kenneth A. Brett
Grade levels: Seventh and Eighth
Work phone #: 323-7271; home # 447-3426
e-mail address: Wiggyman@Yahoo.com
Subject area: Social Studies

Lesson(s) Description: 1. Students will define the following terminology and properly use the word in complete sentence form: abandonment; annulment; affidavit; advocate; alimony, citation; client; litigation; fee; encroachment; compensation; corporation; copyright; statute, patent: arraignment; ; arbitration; audit; lien; brief; canon; fraud; cross-examination; appeal; Miranda Rule; jurisdiction; writ; plaintiff', tort; sequester; probate (see attached for vocabulary)

2. Hearings: The seventh graders will discuss one of the following cases at the appropriate time: Marbury v. Madison (federal vs. State rights); McCullough v. Madison (banking issues): Leland Sanford v. Dred Scott (slavery issue) Discussion will be preceded by historical research and analysis. Eighth graders will discuss perhaps one of the following: Brown v. Board of Education of Topeka, Kansas, (segregation); Roe v Wade (abortion); Plessy v. Ferguson ("separate but equal")

Standards addressed: Historical, Social, Economic, Geographical, Political) 1. Students will acquire an understanding of the three branches of government: legislative, executive and judicial.

2. Students will recognize their importance as a citizen in society.

3. Students will be made aware of individual freedoms and liberties as well as restrictions from a legal viewpoint which are necessary in a democratic form of government.

4. Students will be able to review pertinent information (in this case legal), absorb it, verbalize and take educated positions on controversial topics.

Resources needed: The instructor and media center have most of the needed resources with an excellent on-line service available to the students. The State of New Hampshire provides guidelines for topics as ive11 as readings on "Laisser in the Schools Day."

Preparation for teacher: Much of the planning was done over the summer vacation and with the assistance of attorney. Last minute modifications of subject area to be covered will depend on student interest and input. Specific prep work will be needed prior to the court decision(s) being discussed and prior to the attorney visitation.

Student directions: (See lesson Description) Students will be assigned case(s) of interest to them and research information in written form and on the Internet. They will get together in small groups to discuss the various issues involved. They will then select an opposing side. Students will be encouraged to use the legal terminology on which they were previously examined.

Student assessment:

1. Students will define legal terms and be able to put them in sentence form. A proper grade will he assigned.

2. Students will conduct hearings on Supreme Court cases discussed in their textbook. Students will do the necessary background research and the teacher (or perhaps a student) will be the presiding judge. Students and teacher will comment on presentation effectiveness.

3. Attorney Dewhurst has agreed to visit the Tamworth Middle School during a "Lawyer in the School Week." Previously we have had Judge William Paine and judge Bob Dickson visit us. Attorney Dewhurst has participated in this program in other schools. Students will be assessed on their involvement and insight in the various discussions.

Vocabulary to terminology taken from Block's Law Dictionary 5th edition - 1979 West Publishing Company.

l. Abandonment - the surrender, relinquishment, disclaimer, or cession of property or of rights.

2. Annulment - to nullify, to abolish or make void by complete authority. An annulment establishes that a marital status never existed.

3. Affidavit - a written or printed declaration or statement of facts, made voluntarily and confirmed ny oath.

4. Advocate - one who assists, defends or pleads for another.

5. Alimony -- the sustenance or support of the spouse by the former spouse.

6. Citation -- a writ issued out of a court commanding a person therein named to appear on a day named to do something.

7. Client - a person who employs or retains an attorney to appear for him in court, advice, assist and defend in legal proceedings.

8. Litigation - a lawsuit or legal action.

9. Fee- a charge fixed by law for services of public officers.

10. Compensation- payment of damages.

11. Corporation- usually consists of an association of numerous individuals,

12. Copyright- the right to exclude others from copying the works of an author. It is a common law right of the individual to the fruits of his labor and is protected by statute. The Constitution gives Congress power to grant monopolies to prevent others from copying their works.

13. Statute - an act of the legislature declaring, commanding or prohihibiting something

14. Patent.- a grant of some privileges, property, or authority, made by the government or sovereign of a country to individual(s) or the instrument by which a state or government grants public lands to an individual

15. Arraignment - procedure whereby the accused is brought before the court to plead to the criminal charge.

16. Arbitration -- the reference of a dispute to an impartial (third) person chosen by the parties to abide by.

17. Audit - inspection and verification by the IRS of a taxpayer's return or other transactions posessing tax consequences.

18. Lien- a change against or interest in property to secure payment of a debt or performance of an obligation.

19. Brief -- vehicle of counsel to convey to the court the essential facts of his client's case, a statement of the questions of law involved, the law he would have applied, and the application he desires made of it by the court.

20. Canon -- a law, rule or ordinance in general

21. Fraud - false representation of a present or past fact made by the defendent.

22. Cross-examination - the examination of a witness upon a trial or hearing by the party opposed to test its truth or develop it

23. Appeal - resort to a superior court to reviewer the decision of an inferior court.

24. Miranda Rule - prior to questioning (I) right to remain silent; (?) that any statement may be used as evidence against; (3) has a right to the presence of an attoney; (4) if one isn't affordable, one will be appointed

25. Jurisdiction - the authority by which courts and judicial officers take cognizance of and decide cases.

26. Writ - an order issued from a court requiring the performance of a specific act,

27. Plaintiff- the individual in a court case who starts the proceedings or brings the suit.

28. Tort- a private or civil wrong or injury

29. Sequester - to separate or isolate jurors from contact with the public

30. Probate -- court procedure by which a wilI is proved to be valid or invalid

Developments in the law(1998) New Hampshire Bar Association Possible topics of recent interest and local change: