Course Profile Understanding Canadian Law, Grade 11,
Workplace Preparation, Catholic and Public
Unit
4: Regulation and Dispute Resolution
Time: 35 hours
Activity 4.1 | Activity
4.2 | Activity 4.3 | Activity 4.4 | Activity
4.5 | Activity 4.6 | Activity 4.7 | Activity
4.8 | Activity
4.9 | Activity 4.10 | Activity 4.11
The areas
of civil law studied in this unit include family, tort, contract, and
employment law. Students investigate how legal disputes in these matters are
settled in the Canadian legal system. They also have the opportunity to examine
and evaluate traditional and alternative methods of regulating conduct and
settling disputes. Knowledge and appreciation of the role of law in the typical
life cycle of Canadians provide a logical organization for activities as
students move from an examination of marriage, wills, custody, divorce, and
workplace laws. Students have the opportunity to develop good citizenship
skills by understanding civil court procedure, torts, contracts, and collective
bargaining. Students reinforce their understanding of the concepts of
compromise, agreements, and dispute resolution and thereby develop skills for
the workplace and citizenship. The methodology of legal inquiry is woven
throughout the unit to maximize opportunities for students to develop
communication skills, examine career opportunities, and relate their study to
current events and controversies. Ultimately, students consolidate and
demonstrate their understanding of legal issues in this unit by explaining
career opportunities in the culminating Job Fair activity.
|
Activity |
Time |
Expectations |
Assessment |
Tasks |
|
4.1: Civil Court Procedures - Small Claims Court Simulation |
3.85 hours |
RDV.01, LIV.01, LIV.03, RD1.01, RD1.02, RD1.03, RD1.04, L1V.01, L1V.02, LI1.03, LI3.03 |
Knowledge/ Communication Thinking/Inquiry Application |
Participate in small claims court cases and simulation |
|
4.2: Overview of Essential and Formal Requirements for Marriage in Canada - Are You Legally Married? |
1.25 hours |
RDV.02, LIV.01, LIV.03, RD2.01, LI1.02, LI3.03, LI1.01, LI1.03 |
Knowledge/ Communication Thinking/Inquiry Application |
Case studies |
|
4.3: Family Law - Family Law Booklet, Part 1 and Part II |
5.0 hours |
RDV.03, LIV.01, LIV.03, RD2.02, LI1.01, LI1.02, LI1.03, LI3.01 |
Knowledge/ Communication Thinking/Inquiry Application |
Creation of a Family Law Booklet |
|
4.4: Preparing a Will |
2.5 hours |
RDV.02, LIV.01, RD2.02, LI1.01, LI1.02 |
Knowledge/ Communication Thinking/Inquiry Application |
Making a will—examination and preparation |
|
4.5: Custody: In the Best Interests |
2.5 hours |
RDV.02, LIV.01, LIV.03, RD2.02, LI1.01, LI1.02, LI3.01, LI3.02 |
Knowledge/ Communication Thinking/Inquiry Application |
Small group discussion and case analysis |
|
4.6: Divorce: Creative Controversy |
1.25 hours |
RDV.02, LIV.01, LIV.03, RD2.02, RD2.03, LI1.02, LI1.03, LI3.01 |
Knowledge/ Communication Thinking/Inquiry Application |
Creative controversy—defending a position |
|
4.7: Contracts: Forming a Contract |
2.5 hours |
RDV.03, LIV.01, RD3.01, RD3.02, RD3.03 |
Knowledge/ Communication Thinking/Inquiry Application |
Examining contracts and drawing up a legal contract |
|
4.8: Torts: Negligence and Unintentional Torts |
5.0 hours |
RDV.04, RDV.05, LIV.01, RD4.01, RD4.02, RD5.01, LI1.01, LI1.02 |
Knowledge/ Communication Thinking/Inquiry Application |
Role playing in a vignette |
|
4.9: Law in the Workplace |
3.85 hours |
RDV.05, LIV.01, LIV.03, RD5.01, RD5.02, RD5.03, RD5.04, LI1.01, LI1.02, LI1.03, LI3.01, LI3.02 |
Knowledge/ Communication Thinking/Inquiry Application |
Research and set up an information booth |
|
4.10: Collective Bargaining Worker Protection |
2.5 hours |
RDV.05, LIV.01, LIV.03, RD5.01, RD5.02, RD5.03, RD5.04, LI1.01, LI1.02, LI1.03, LI3.01, LI3.02, LI3.03 |
Knowledge/ Communication Thinking/Inquiry Application |
Negotiation simulation |
|
4.11: Job Fair and Summative Evaluation/ Culminating Activity – Final Test |
4.8 hours |
LIV.01, LIV.02, LI1.01, LI1.02, LI1.03, LI2.01, LI2.02, LI2.03 |
Knowledge/ Communication Thinking/Inquiry Application |
Research and present career search and Job Option Fair Final test |
Time: 230 minutes
This is a
simulation activity designed to provide students with an understanding of the
civil court structure. They also discover how they can access the legal system
for the resolution of civil disputes. Students prepare and role-play a mock
trial in small claims court.
Strand(s): Regulation and Dispute Resolution, Methods of Legal
Inquiry
Overall
Expectations
RDV.01 -
describe the process for taking a civil case to trial and resolution;
LIV.01 -
communicate legal knowledge effectively;
LIV.03 -
evaluate the role of law in current controversies.
Specific
Expectations
RD1.01 - create a chart showing the courts that
try civil actions;
RD1.02 - identify the types of cases tried in
each kind of civil court;
RD1.03 -
summarize the process of taking a civil case to resolution;
RD1.04 -
describe the types of damages recognized in civil court, e.g., general, and
specific, nominal;
LI1.01 -
present information on legal issues, using a variety of traditional and
electronic formats;
LI1.02 -
demonstrate an ability to listen and read critically, find relevant
information, and express and support opinions, using proper legal terminology;
LI1.03 -
identify a variety of legal information services and use them effectively;
LI3.03 -
describe the principles of Alternative Dispute Resolution and
conflict-resolution strategies.
Students
should have a basic understanding of the court system. From information
acquired in previous units and the Grade 10 Civics course, students should also
be aware of the difference between civil and criminal procedures. Differences
are reinforced and students are given the opportunity to actively apply prior
knowledge.
·
Students
require an organizational chart describing the different levels of the civil
court system. Some materials prepared for the Civics course may be appropriate.
·
Find
a variety of civil dispute cases, in local newspapers, Internet searches, or
textbooks, that discuss damages suffered in civil situations
·
Prepare
a list of terms (e.g., punitive, plaintiff, defendant, litigants).
·
Obtain
sample copies of a Statement of Claim and a Statement of Defence.
·
Collect
or create small claims cases for the simulation exercise. Cases should be of a
simple enough nature to permit students to present an in-class small claims
court trial. The cases should reflect students’ current and potential life
experiences (e.g., cases could come from students or the teacher might watch
episodes of court television shows for ideas). Media analysis skills are
reviewed and preplanning with the media department about editing could be
beneficial. An awareness of American vs. Canadian sources should be addressed
and may provide good opportunities for assessing relative influences and
significance.
·
Arrange
for a podium, set up the classroom to simulate a courtroom, provide robes for
the judges (if possible), and arrange for a video camera (and a student
familiar with videotaping) to tape the case simulation.
·
Students
prepare for their case outside of the classroom. The actual presentation should
be completed in one class period.
1. Provide students with an organizational chart
outlining the civil court structure. Discuss with students the kinds of cases
that are likely to be tried in the civil court system.
2. Provide students with a flow chart outlining
the process of taking a civil case to resolution.
3. Discuss with students various options of
dealing with conflicts or disputes.
4. Provide students with a variety of cases
clipped from newspapers regarding civil disputes. Invite students to share
their own recent experiences involving conflict of a possible civil nature.
5. Provide students with a list of terms
associated with the unit and have them find the terms in the articles provided.
Students define the terms for their study notes.
6. Provide trigger statements on chart paper to
cue appropriate language for discussion and simulation.
7. Teach students the procedures involved in
bringing a case to small claims court, including cost of claiming, access to
appropriate legal advice, maximum amount that can be claimed, etc.
8. Provide
students with examples of completed Statement of Defence and Statement of Claim
form.
9. Discuss how to fill in these documents and
what information should be included.
10. Provide students with sample background of
cases that could be resolved in small claims court.
11. Assign each student in class the role of
plaintiff or defendant and have them complete either a statement of defence or
statement of claim based on their background cases
12. Select cases to present to class. Assign roles
of plaintiff, defendant, advisors, and judges. Lawyers and witnesses may be
assigned, though students should be advised that lawyers are not necessary in a
small claims case.
13. If possible, videotape student scenarios and
play the videotapes later to the class.
14. Examine and evaluate other ways to resolve
these disputes rather than going to court.
Teachers
should consider using some of the following tools for assessment and
evaluation:
·
quiz
on organizational chart and flow chart;
·
terminology
word search or puzzle;
·
formative
and summative evaluation of completed statement of claim/defence forms;
·
teacher-
and student-developed rubric for peer and self-evaluation of strengths and
weaknesses of small claims role play;
·
teacher
evaluation of level of preparation, role-play, legal knowledge, and
decision-making abilities of each of the roles in the small claims simulation.
·
Support
new vocabulary development through mini dictionaries, games, and room displays.
·
Accommodate
students with anxiety by allowing them to demonstrate their understanding
without having to perform in a dramatic role. (Group work, with one student
willing to assume the role that many have researched, may serve this function.)
·
Provide
examples and models for student work. Showing a mock trial videotape from a
previous class can concretely demonstrate expectations.
Print
Classroom
law text and law dictionary
Pamphlets
and booklets on Small Claims procedures available from local Small Claims
Court.
Statement
of Defence and Statement of Claim forms available from local Small Claims
Court.
Celap,
Milena and Pamela J. Larmondin. Small
Claims Court for the Everyday Canadian. North Vancouver, BC: International
Self-Counsel Press, 2000.
Fitzgerald,
Maureen F. So You Think You Need A Lawyer.
Newmarket, ON.
Levitan,
Jerry. The Complete Idiots’ Guide to
Winning Everyday Legal Hassles in Canada. Scarborough, ON: Prentice Hall
Canada, 1996.
Small Claims Kit. E-Z legal forms, 1995.
Websites
http://www.attornerygeneral.jus.gov.on.ca
(includes guide to small claims court)
http://www.ontariocourts.on.ca
http://www.cbao.org/LawDay
(mock trial kit)
Audio-Visual
Judge Judy, Peoples’ Court (useful for ideas on small claims
simulation)
in Canada – Are You Legally Married?
Time: 75 minutes
Through
an examination of cases and relevant articles involving the legal requirements
for marriage, students gain an understanding of the role of different levels of
government in regulating marriage. They examine what constitutes a legal marriage,
when a marriage can be annulled, and when a marriage may be forbidden under
Canadian Law. Students enhance their understanding through the examination of
current controversies and personal experiences.
Strand(s):
Regulation and Dispute
Resolution, Methods of Legal Inquiry
Overall
Expectations
RDV.02 -
describe how the law applies to family matters;
LIV.01 -
communicate legal knowledge effectively;
LIV.03 -
evaluate the role of law in current controversies.
Specific
Expectations
RD2.01 -
define what is meant by a legal marriage;
RD2.02 -
explain key areas of family law;
RD2.03 -
describe the steps necessary to obtain a legal divorce;
LI1.01 -
present information on legal issues, using a variety of traditional and
electronic formats;
LI1.02 -
demonstrate an ability to listen and read critically, find relevant
information, and express and support opinions, using proper legal terminology;
LI1.03 -
identify a variety of legal information services and use them effectively;
LI3.03 -
evaluate the role of law in protecting the rights of certain groups or
individuals.
Students
may have prior learning of the concepts of ‘marriage’ from their own life
experiences, observations, etc.; however, it is assumed that students are not
familiar with the legal aspects of marriage.
·
Prepare
a marriage quiz to determine prior knowledge of this activity.
·
Prepare
an overhead or handout outlining the responsibilities of the different levels
of government regarding marriage requirements.
·
Find
a variety of cases (from texts, newspapers, or videotape) that suggest when
requirements for marriage have not been met.
·
Church
and cannon law material may be prepared (given the current controversial
attempts to bring this into the issue of legality of marriage).
·
Review
discussion ground rules to facilitate activities around group discussion.
1. Provide students with a brief quiz on general
knowledge of the legal requirements of marriage. Some classroom discussion
could take place beforehand.
2. Elicit from students what they think should
be mandatory before people are permitted to marry (e.g., minimum age,
opposite/same sex, not closely related, attendance at a pre-marriage course).
3. Use an overhead or prepared handout to
instruct students on the levels of government involved in regulating marriage
and the difference between formal requirements and essential requirements.
4. Give
students a variety of cases involving marriage. Answer questions related to
cases. Students could use an organizer chart that the class or teacher has
developed.
5. In a class discussion of the case studies,
ask students to justify their answers.
·
Diagnostic
assessment of students’ knowledge of legal marriage requirements
·
Formative
assessment through classroom discussion and development of organizer chart
·
Summative
assessment of each student’s organizer chart, summative quiz, or open-book evaluation
using the chart for reference
·
The
teacher models effective note-taking and organization with handout or overhead.
A handout of notes may be required for students with fine motor or visual
spatial integration impairments.
·
An
organizer chart with a completed sample could be provided for students.
·
An
open-book evaluation addresses needs of students with memory-specific learning
disabilities.
Print
Law
textbook/case studies from text/ Decisis/ newspaper articles
Kronby,
Malcolm C. Canadian Family Law, 7th ed. Toronto: Stoddart Publishing
Co. Ltd., 1998.
Consolidated Ontario Family Law Statutes and
Regulations, 1996
(includes a full text of Marriage Act). Carswell. ISBN 955 3 3 800806
Audio-Visual
NFB. Vol.
1: “Loves Me, Loves Me Not”, Vol. 2: “Picture Perfect”, Multiple Choices.
Time: 300 minutes
The
preparation of a Family Law Booklet may be done in two parts. In the first
part, students research and prepare an information booklet on family law. In
the second part, students are assigned the role of a legal advisor who provides
information and advice, but who is not a lawyer. Students make up commonly
asked questions related to family law and use their booklet and other sources
to provide the answers. Both parts of this activity are designed to give
students the opportunity to research family law in Canada, to discover where to
find information regarding family law, and to gain an understanding of how the
law regarding family matters in Canada has changed to reflect societal values
and judicial interpretations of family law.
Strand(s): Regulation and Dispute Resolution, Methods of Legal
Inquiry
Overall
Expectations
RDV.02 -
describe how the law applies to family matters;
LIV.01 -
communicate legal knowledge effectively;
LIV.03 -
evaluate the role of law in current controversies.
Specific
Expectations
RD2.02 - explain the key areas of family law;
LI1.01 - present information of legal issues,
using a variety of traditional and electronic formats;
LI1.02 - demonstrate an ability to listen and
read critically, find relevant information, and express and support opinions,
using proper legal terminology;
LI1.03 -
identify a variety of legal information services and use them effectively;
LI3.01 -
evaluate the role of law in protecting the rights of certain groups or
individuals.
Students
may be unfamiliar with the specifics of the Family Law Act or may have
inaccurate or incomplete information from popular media. Computer skills are
needed to publish an attractive booklet. Most students have computer skills
from earlier computer courses.
·
Obtain
copies of the Family Law Act 1986 and other government publications on family
law.
·
Obtain
copies of Legal line and other Internet sources of legal advice.
·
Book
a computer lab for production of the family law booklet.
·
Prepare
overheads or handouts to teach highlights of Family Law legislation.
·
Prepare
handouts of cases relevant to family law (e.g., Murdoch vs. Murdoch,
Leatherdale vs. Leatherdale) and recent court decisions regarding assets and
support.
·
Prepare
or have students generate basic questions related to family law and the
division of assets for the second part of the booklet. Examples include, “Do I
have to give my common-law spouse half of my home, car, and other assets if we
decide to separate after being together for four years?”
·
Verify
the accuracy of Part I of the booklet as the success of Part II depends on the
accuracy and completeness of Part 1.
·
Consider
appropriate groupings of students. Factors to evaluate effective groupings are
student strength, areas of challenge, prior experiences, leadership, and
cooperative group skills.
1. Begin this activity with a brief discussion
of the history of Family Law in Canada. Inform students that family law is a
work in progress and has often reflected societies attitudes to women,
marriage, and family responsibilities. The Murdoch vs. Murdoch and Leatherdale
vs. Leatherdale cases may be used to illustrate the changes that have taken
place in family law. Celebrity splits may be used to stimulate student interest
and create relevance.
2. Discuss cases involving division of assets
and support. Introduce students to the most recent law governing Family Law—the
Family Law Act 1986. Use the preamble to this act “that marriage is an economic
as well as a social or family partnership” as a lead in to a discussion on the
long-term legal and financial commitments of marriage.
3. Divide students into groups of three or four
and give each a variety of research materials on this topic, including
highlights of the Family Law Act, recent legal decisions on issues of family
law, and legal help-line numbers. Groups research and produce the first part of
a Family Law Booklet, outlining basic legal information people would need if
they were investigating a separation.
4. Provide each group with a variety of
questions relating to issues in family law. Questions should reflect all
aspects of the law, including what assets are subject to division, items
excluded from the 50/50 split, the division of the matrimonial home, how assets
are split, support obligations, rules regarding the division of assets, and
support obligations for common-law and married spouses.
5. Ensure
that each student in the group is assigned an equitable number of tasks.
6. Use
class time for students to write responses but assign research and computer
tasks out of class.
7. Print
and display booklets for the rest of the class to see and evaluate. Exemplary
booklets could be used for future activities.
·
Formative
and ongoing assessment of the development of a family law booklet (using a
rubric would facilitate this activity)
·
Formative
evaluation by self and peer on the production of an attractive, useful, and
informative booklet
·
Summative
evaluation by teacher on the accuracy of legal information, quality of
questions and answers, and overall presentation of completed Family Law Booklet
·
The
development of the booklet may be broken down into stages to guide students
with learning disabilities and poor organizational skills. Feedback on each of
these stages would facilitate efficient learning and minimize student
frustration and anxiety.
·
A
sample of the desired product would concretely demonstrate learning objectives.
·
A
rubric for evaluation of the final product would further focus students with
learning disabilities towards the desired outcomes.
·
The
teacher may choose to create the groups to form effective working partnerships,
balancing the skills and learning styles of students. Alternatively, students
with strong oral skills could develop an information tape modelled on legal
help-lines.
·
Examples
of guides could be provided (e.g., Do-it-yourself Divorce Kits).
·
Technical
support may be utilized to support student efforts and direct computer
activities to facilitate creation of an attractive booklet.
·
Students
with visual impairments or auditory learning strengths may develop a tape
recording to simulate a legal help-line service. Visual learners with video
expertise could film a simulation of an interview with a legal expert who
answers questions in the form of accepting calls from viewers.
Print
McCarthy,
M. Family Law for Every Canadian.
Harper Collins Canada, 1997.
Murray,
I.P.C. Annotated Ontario Family Law Act
2000. Carswell, 1998.
Websites
http://acjnet.org/youthfaq/index.html
(list of “frequently asked questions” on ADR and family law)
http://www.cleo.on.ca
(CLEO - topics include family law and women’s issues)
Time: 150 minutes
Students prepare a will for themselves or a
fictional character. In preparation for this activity, students learn the
requirements for making a valid will, legal terms associated with wills and
estates, and what happens if a person dies without making a will.
Strand(s): Regulation and Dispute Regulations, Methods of Legal
Inquiry
Overall
Expectations
RDV.02 -
describe how the law applies to family matters;
LIV.01 -
communicate legal knowledge effectively.
Specific
Expectations
RD2.02 -
explain the key areas of family law;
L1I.01 -
present information on legal issues, using a variety of traditional and
electronic formats;
L1I.02 -
demonstrate an ability to listen and read critically, find relevant
information, and express and support opinions, using proper legal terminology.
·
Obtain
blank copies of a standard will form from a local bookstore or law office
(Power of Attorney and living will forms may also be considered).
·
Prepare
overheads or handouts on requirements for making a legal will, changing a will,
duties of an executor, dying intestate, etc.
·
Develop
a crossword puzzle, word search, or quiz for use as a vocabulary review.
1. Initiate a brief discussion on what happens
to their assets and property when people die. Some recent problems or
controversial situations involving wills may be used to stir interest.
2. As a prelude to the activity, students could
list the property they expect to acquire by the time they are mature or
elderly.
3. Assign appropriate reading from the text
about the essential requirements for making a valid will, including types of
wills, how to change a will, the duties of an executor, legal terminology, etc.
4. Review the reading in a class discussion.
5. Provide a brief review in the form of a
crossword puzzle, word search, or quiz.
6. Assign students to draft their own will or
devise a fictional character with assets and beneficiaries.
7. Students exchange their draft will with a
partner to check for accuracy, possible problems, etc. When both parties are
satisfied the respective wills meet legal requirements and would likely not be
contested, they prepare a final copy on an official will form.
·
Self-assessment
of students’ knowledge and understanding of will terminology and criteria using
crossword/word search/quiz
·
Assessment
of completed will by self and peers
·
Summative
evaluation of completed will by teacher according to parts of a valid will
·
A
sample will should be available for students to use as a model.
·
Some
students may need profiles provided for the purpose of creating a will so that
they can complete the activity more efficiently.
·
Partially
completed wills may address the needs of students who cannot complete the full
activity in the required time. Students would be required to address key
components of creating a will.
·
Enlarged
copies of the forms should be available for students with visual challenges.
·
Videotapes
of reading of a will could be used.
·
Students
who are experiencing personal, emotional difficulties should be given an
alternative activity, such as investigating unusual wills (e.g., holograph
wills and living wills).
Print
Living
Will. Centre for
Bioethics. University of Toronto.
Blank
will documents (available from most stationery stores)
Levitan,
Jerry. The Complete Idiots’ Guide to
Winning Everyday Legal Hassles in Canada. Scarborough, ON: Prentice Hall
Canada, 1996.
Powers of Attorney: The
Public Guardian and Trustee. Ministry of Attorney General.
Websites
www.acjnet.org
(useful link to twenty-one public legal education organizations)
support and custody of children in the case of
separation or divorce?
Time: 150 minutes
This
activity consists of small group discussion based on specific custody cases and
a concluding assignment that uses student knowledge of the law to determine the
outcome of selected and assigned cases. The activity is designed to acknowledge
the difficulty of determining custody issues and to provide students with an
understanding of how the law applies to family situations.
Strand(s): Regulation and Dispute Resolution, Methods of Legal
Inquiry
Overall
Expectations
RDV.02 -
describe how the law applies to family matters;
LIV.01 -
communicate legal knowledge effectively;
LIV.03 -
evaluate the role of law in current controversies.
Specific
Expectations
RD2.02 -
explain the key areas of family law;
LI1.01 -
present information on legal issues, using a variety of traditional and
electronic formats;
LI1.02 -
demonstrate an ability to listen and read critically, find relevant information,
and express and support opinions, using proper legal terminology;
LI3.01 -
evaluate the role of law in protecting the rights of certain groups of
individuals;
LI3.02 -
assess the legal implications of various technological developments.
Students
have acquired prior skills in dealing with controversial issues through the
collaboration expectations under the active citizenship component of the Civics
course.
·
Provide
a variety of cases dealing with child custody. Examples are provided in law
textbooks, or teachers may adapt cases from recent situations in the local
press. (Students may find it interesting to include one or two examples of
outrageous custody claims, such as custody disputes over cats or dogs, or
controversial stipulations, such as custodial spouse must refrain from
smoking). Teachers should also adapt the cases to make them suitable for the
reading level of students.
·
Enhance
information from the textbook about child custody with examples of recent
controversial cases.
·
Prepare
a final custody case that includes as many of the legal issues discussed as
possible and include a set of questions relevant to the key areas of the law.
1. Distribute one case to each group of three or
four students. Ask students to determine the main issue or dispute in each
case, suggest possible solutions and possible problems with each solution. Ask
them also to explain why they made this particular decision.
2. Lead the class through the laws dealing with
child custody. Legal terms, such as joint, shared, or interim custody, should
be explained and included in student legal glossary. Recent controversial cases
may be used to illuminate the legal issues.
3. Provide students with the final custody case.
Students work with a partner to read the case and answer questions.
·
Observation
and formative assessment of group activity (using an observation checklist)
·
Summative
evaluation of answers to custody case questions
·
Notes
should be provided to students who may have difficulty assimilating and
organizing the information; the teacher modifies the language of material to
accommodate student-reading level.
·
Cases
may be assigned to match the level of complexity to the ability of students.
·
Assign
groups to create complementary partnerships among students with varying
abilities and talents.
·
Enlarged
print format or audio and/or visual format can address students with reading
difficulties.
·
Summative
evaluation could be written or oral.
·
A
chart or matrix could facilitate student’s determination of whose interests are
served.
Print
Kronby,
Malcolm. Canadian Family Law, 7th ed. Toronto: Stoddart Publishing
Co. Ltd., 1998.
Websites
http://www.attorneygeneral.jus.gov.on.ca
Time: 75 minutes
In
this activity, students are given the opportunity to research and discuss with
their peers a controversial issue related to Family Law. In this case, the
controversial issue relates to the impact of divorce on families and on
society. The activity allows students to test their views with a partner before
defending their position to a larger audience.
Overall
Expectations
RDV.02 - describe how the law applies to family
matters;
LIV.01 - communicate legal knowledge
effectively;
LIV.03 -
evaluate the role of law in current controversies.
Specific
Expectations
RD2.02 -
explain the key areas of family law;
RD2.03 -
describe the steps necessary to obtain a legal divorce;
LI1.02 -
demonstrate an ability to listen and read critically, find relevant
information, and express and support opinions, using proper legal terminology;
LI1.03 -
identify a variety of legal information services and use them effectively;
LI3.01 -
evaluate the role of law in protecting the rights of certain groups or
individuals.
Students
are familiar with small-group discussion protocol from previous activities.
Students have acquired prior skills in dealing with controversial issues
through the collaboration expectations under the active citizenship component
of the Civics course.
·
Collect
articles, statistics, and any other information on the impact of divorce for
students to use in their research (at the beginning of the unit or course, the
school Library/Resource Centre staff may be able to prepare a package of
resources for students to use; the teacher may consider the use of exemplary
Family Law Booklets from Activity 3).
·
Prepare
handouts or overheads on the laws regarding obtaining a divorce in
·
Prepare
pro/con organization chart for student use.
1. Initiate a brief discussion regarding the
legal requirements to obtain a divorce to determine student prior knowledge of
this topic.
2. Briefly teach the legal steps necessary to obtain
a divorce in
3. Write the controversial topic on the board or
overhead and outline procedures for this activity.
4. Provide students with a package of
information presenting both views on this topic.
5. Give each student a sticky note and instruct
them to put ‘+’ on it if they favour the resolution and ‘-’ if they are
opposed. Students find a partner with the same symbol and together they discuss
and record their reasons for choosing the position. Alternately, the teacher
may pair students who share similar opinions but may not normally interact.
(This part of the exercise gives students confidence in their ideas and
provides them with added information.) Allow approximately ten minutes for this
part of the activity.
6. Instruct
students to move to a partner who holds the opposite view and present their
position to the other.
7. Conclude with a class discussion, including
what students learned from the other side and if their views on the issue are
changed.
·
Formative
assessment of student knowledge of divorce procedure
·
Teacher
observation of listening skills, preparation, and discussion of activity
(observation checklist)
·
Summative
evaluation of oral or written expression of opinion
·
Notes
could be provided for students with poor fine motor skills or visual
integration disabilities.
·
Summative
evaluation could be in oral or written form to accommodate the student’s
strength.
·
The
teacher can facilitate small-group discussion of less confident students by
circulating during this exercise and stimulating student interaction.
·
If
available, scribes could record student oral expression.
·
The
teacher can select material appropriate to student cognitive and reading
ability.
·
Material
can be provided in audio-visual format.
·
Material
can be provided before class to allow student to prepare.
Print
Current Controversies.
Opposing Viewpoints Digests.
Divorce Guide for
Schneider,
M. Difficult Questions Kids Ask and Are
Afraid to Ask About Divorce. Simon and Schuster, 1996.
Websites
http://acjnet.org/youth/faq/indexhtml
(frequently asked questions on many topics, including Divorce)
Audio-Visual
NFB. Vol.
2: “Forever After? The Pros and Cons of Divorce”, Vol. 4: “Blending. The
Experiences of blended family”, Multiple
Choices. 1995.
Time: 150 minutes
This
activity introduces students to the basic elements of a legal contract.
Students draw up their own simple contract and examine authentic everyday
contracts with a view to observing and discussing the relevant elements and
pitfalls that may arise in signing any type of contract. Opportunities to
identify life experiences and stages where contracts are common are embraced.
Students begin to appreciate and develop confidence in their ability to
understand the function of contracts and situations where they may be used.
Overall
Expectations
RDV.03 -
describe the role of law in everyday contractual matters;
LIV.01 -
communicate legal knowledge effectively.
Specific
Expectations
RD3.01 -
explain what is meant by a contract in law and what happens when a contract is
broken;
RD3.02 -
explain the special protections afforded to young people in making contracts;
RD3.03 -
explain how and when it may be necessary to use the law in a civil dispute.
Students
are familiar with simple contractual transactions and have some life experience
in dealing with problems associated with everyday contracts, but they may not
have had opportunities to analyse the components of a contract.
·
Develop
various scenarios that may be used by students as examples in drawing up a
simple contract.
·
Prepare
overheads or handouts outlining the key legal elements of contract law.
·
Acquire
some sample contracts (e.g., rental agreements, purchase agreements,
performance contracts).
1. In a think/pair/share format, students make a
list of everyday transactions that involve a contract. The teacher may initiate
the discussion by listing possible transactions, such as buying a home, renting
a car or apartment, or getting a haircut.
2. Place the elements and principles of contract
law on chart paper on the walls to act as a foundation and reminder for the
ensuing discussion after the think/pair/share.
3. Direct a discussion on what happens if people
do not live up to their contractual obligations (e.g., the haircut is much too
short or the DJ does not show up to play at the wedding).
4. Explain to the class the basic principles of
contract law: the necessary elements of a legal contract, what happens when a
contract is breached, what possible remedies can be obtained.
5. Place students in groups of four and provide
each group with a sample of an actual contract. Students should examine the
contracts and identify basic elements, indicate areas of the contract they
believe would be difficult for most people to understand, etc.
6. Discuss with students the importance of
reading contracts carefully, when they may need legal help, and what they
should check for before signing most contracts.
7. Provide students with simple situations
requiring a contract. Alternatively, students may use situations they described
in their previous list. Transactions could include an agreement to provide
flowers for a wedding, the purchase of a used car, buying a DVD player.
8. Instruct students to work with a partner and
prepare a simple contract based on the sample situation. When the contracts are
completed and signed, students exchange their contracts with other groups to
determine if there are possible pitfalls in the contract.
·
Summative
evaluation of contracts that students developed.
·
Provide
enlarged print format.
·
Selectively
groups students to balance talents based on student profile and prior
assessment.
Print
Sample
contracts (e.g., real estate, rental agreements, purchase agreements available
from stationery stores)
Fridman,
G.H. The Law of Contact, Student Edition. Carswell, 1999.
Gragson,
T. Every Canadian’s Guide to Common
Contracts.
Websites
http://www.cleo.on.ca.
(CLEO - includes landlord and tenant law)
Time: 300 minutes
In this
activity, students act out vignettes of situations involving tort law while the
rest of the class observes and fills out a chart indicating the type of tort
presented, possible defences, and possible remedies.
Overall
Expectations
RDV.04 -
describe how the law may serve people who are intentionally or unintentionally
injured or harmed by others;
LIV.01 -
communicate legal knowledge effectively.
Specific
Expectations
RD4.01 -
define a tort and the elements necessary to determine negligent or deliberately
dangerous conduct;
RD4.02 -
explain some defences to torts and possible remedies available to victims;
LI1.01 -
present information on legal issues, using a variety of traditional and
electronic formats;
LI1.02 -
demonstrate an ability to listen ad read critically, find relevant information,
and express and support opinion, using proper legal terminology.
Students
are familiar with performing in small groups, having participated in similar
activities in primary Social Studies, Grade 10 Civics, and Career Studies. They
are also aware of the criteria for evaluating performance.
·
This
activity relies on the use of scenarios that will be acted out in short
vignettes by students.
·
The
teacher may consider collaborating with the school’s Drama Department.
·
For
the first part of this activity, prepare an outline of the two types of torts
(e.g., a two-column handout that includes blanks for students to fill in the
relevant information). One column should include Intentional Torts definition,
Types of Intentional Torts, and Defences to Intentional Torts. The second
column includes the same headings relating to Negligence.
·
Create
a sample scenario of an intentional tort and a sample scenario of negligence to
model for students.
·
Create
a handout for the last part of this activity, asking students to identify the
tort demonstrated in each vignette, the possible defences for such a tort, and
the possible remedies.
1. Open this class with a discussion defining a
tort and the difference between Intentional and Unintentional Torts. Use cases
and examples to illustrate the various kinds of torts. (Discussion could begin
by referring to movies such as Erin
Brockovitch or A Civil Action.)
2. Provide students with organizational column
charts of Intentional and Unintentional Torts. Depending on the type of
learner, the teacher may direct students in filling their charts during class
discussion or students could research in their law textbook and fill in their
own charts.
3. Introduce the second part of this activity by
describing a brief scenario illustrating an example of an intentional or
unintentional tort. (Law texts provide many tort cases suitable for
adaptation.)
4. Examples of vignettes could be selected from
popular sitcoms, consumer awareness programs or newscasts. Encourage students
to incorporate humour, current issues, or popular culture in their vignette.
5. Place students in groups of two or three.
Using their texts for examples, each group creates a brief vignette on a
specific type of tort. These should be very brief and enable each student team
to complete their vignette in two to three minutes. Assign the tort action if
students have difficulty.
6. Each group then performs their vignette to
the rest of the class.
7. Instruct the rest of the class that they are
to identify the type of tort, possible defence, and possible remedy of each
vignette.
·
Formative
observation of completion of organizational column chart
·
Summative
evaluation of vignette and class identification of vignette (a rubric would
facilitate this evaluation)
·
Brief
peer evaluation of the authenticity and creativity of the vignettes
·
The
teacher may need to pre-select the material for student presentation.
·
Students
with fine motor or auditory processing deficits may require a completed chart.
·
Students
could prepare a vignette screenplay or storyboard if they are unable to
perform.
Print
Kionka,
Edward. Torts in a Nutshell. Western
Publishing Company, 1999.
Spetz,
Steven. Can I Sue? An Introduction to
Canadian Tort Law.
Websites
http://www.educ.sfu.ca/cels/supreme_crt7.html
(Supreme Court tort cases)
Time: 230 minutes
This is a research and presentation activity
that provides students with an overview of the laws which govern the workplace
and which will most affect them in their working lives. Students research and
set up an information booth on a specific aspect of employment law or specific
workplace issue. The emphasis is on providing students with the knowledge to be
informed workers who understand the legal protections available to them when
they enter the workplace.
Overall
Expectations
RDV.05 -
describe the role of law in the workplace;
LIV.01 -
communicate legal knowledge effectively;
LIV.03 -
evaluate the role of law in current controversies.
Specific
Expectations
RD5.01 -
describe the protections afforded to workers by federal and provincial legislation,
including those relating to injury and unemployment, and harassment and
discrimination;
RD5.02 -
investigate the major differences in employer/employee situation in
non-unionized and unionized environments
RD5.03 -
explain the principles of collective bargaining and the laws governing the
bargaining process;
RD5.04 -
describe the steps that can be taken and the remedies provided if employee
rights are violated;
LI1.01 -
present information on legal issues, using a variety of traditional and
electronic formats;
LI1.02 -
demonstrate an ability to listen and read critically, find relevant
information, and express and support opinions, using proper legal terminology;
LI1.03 -
identify a variety of legal information services and use them effectively;
LI3.01 -
evaluate the role of law in protecting the rights of certain groups of
individuals;
LI3.02 -
assess the legal implications of various technological developments.
Students
have prior knowledge from Grade 10 Career Studies and possibly part-time jobs.
·
Most
of the research for this activity takes place outside the classroom.
·
Prepare
a handout for students outlining the criteria for the successful completion of
this activity. The handout should be given to students early enough to give
them adequate preparation time.
·
The
second part of this activity involves students setting up information booths on
their assigned topic. Booths can be set up in the classroom; if they are to be
set up in the school Library/Resource Centre, the teacher needs to make
arrangements with the school teacher-librarian in advance. Displays may be made
available to the school community to maximize learning opportunities for all
students.
·
Depending
on the nature of the class, the teacher may wish to invite other classes,
community members, and teachers to visit the booths and ask questions of
students.
·
Ensure
that materials (display boards, markers, etc.) are available.
·
Depending
on the type of learners in the class, the teacher may choose to provide
students with a list of resources and have them research and find their own
information. Alternatively, the teacher may choose to provide students with the
necessary information, pamphlets, posters, and brochures and have them
synthesize the information and present it attractively. (If this activity takes
place in the Library/Resource Centre, the teacher-librarian may be able to
provide the necessary information.)
·
Access
the Guidance and Cooperative Education Departments for assistance with this
activity.
1. Generate discussion on possible problems
employers and employees face on the job. Students may generate a list that
includes: What happens if a worker is laid off with cause? Under what
circumstances is a worker entitled to severance pay? How do employers or
employees deal with workplace harassment or discrimination? What happens if
workers go on a strike? What happens if a worker is injured on the job?
2. Students write their workplace questions on
large sheets of paper for classroom display.
3. Instruct students on research assignment,
information booth criteria, and due dates.
4. Make available a list of resources or provide
students with the necessary information.
5. Place students in groups of three or four.
Each group can either be assigned or can choose one of a variety of topics. The
topics may include: Employment Standards; Workplace Harassment; Discrimination
in the Workplace; Workplace Safety; Workers’ Compensation;
6. Students are responsible for collecting the
information for an information booth, synthesizing the key information, and
displaying the information attractively in their booth. They are also expected
to answer questions relevant to their topic from visitors to their booth.
Visitors may include classmates, other classes, teachers, or community members.
7. Each group prepares a one-page handout for
the class that outlines the key legal points of their topic. These handouts are
part of students’ notes on the Workplace portion of the course and they are
responsible for the information provided.
·
Formative
teacher and summative peer assessment of one-page handout
·
Accommodate
the learning styles of diverse learners by allowing flexibility with research
modes and presentation formats.
·
Teacher
direction in the selection of groups and topics could assist student focus and
efficiency.
·
Coordinate
support personnel in advance.
Print
Ball,
Stacey R. Canadian Employment Law.
Employment Standards Act.
Lewin,
Joel. Every Employee’s Guide to Law.
Saxe,
Stewart D. Ontario Employment Law
Handbook, 4th edition.
Workplace Harassment: An Action Guide for Women
1995. Ontario
Women’s Directorate.
Websites
http://www.cleo.on.ca
(Community Legal Education Ontario - workers’ compensation)
Audio-Visual
NFB. The
End of Work. 2000.
CBC News in Review. December 1999.
Time: 150 minutes
This
activity involves the use of a collective bargaining simulation and is designed
to familiarize students with some of the strategies and skills involved in
negotiation. Students are introduced to the ideas of mediation and arbitration
and the ways in which disputes are settled, compromises made, and agreements
reached.
Overall
Expectations
RDV.05 -
describe the role of law in the workplace;
LIV.01 -
communicate legal knowledge effectively;
LIV.03 -
evaluate the role of law in current controversies.
Specific
Expectations
RD5.03 -
explain the principles of collective bargaining and the laws governing the
bargaining process;
RD5.04 -
describe the steps that can be taken and the remedies provided if employee
rights are violated;
LI1.01 -
present information on legal issues, using a variety of traditional and
electronic formats;
LI1.02 -
demonstrate an ability to listen and read critically, find relevant
information, and express and support opinions, using proper legal terminology;
LI1.03 -
identify a variety of legal information services and use them effectively;
LI3.01 -
evaluate the role of law in protecting the rights of certain groups of
individuals;
LI3.02 -
assess the legal implications of various technological developments;
LI3.03 -
describe the principles of ADR and conflict-resolution strategies.
Students
are familiar with the concepts of conflict resolution, having participated in
conflict resolution simulations in Grade 10 Civics and Career Studies. Teachers
may have to remind them of the principles of conflict resolution before
beginning the bargaining simulation. Students have also participated in many
small-group activities and are familiar with the requirements of group
participation.
·
Prepare
a collective bargaining package for each group of students. There should be one
package for the negotiating team representing the employers and one for the
team representing the employees. Each package should contain: a brief
background of the company and the issues involved; an outline of the demands
made by the employees and the offer made by the employer; a sample agreement
with space for all parties to sign; an instruction sheet; an outline of the
options available (come to an agreement, go to mediation, arbitration,
final-offer selection, strike/lock-out). There are already-prepared simulation
packages available (see Resources). Adapt them for classroom or make up your
own package.
·
Prepare
a handout for students indicating the key concepts, terms, and laws involved in
the collective bargaining process.
·
On
the day of the simulation, the classroom is set up so that each group of
students can meet face to face and have either nametags or tags indicating whom
they represent. There should also be places available for the two teams to meet
privately to discuss strategy. The actual simulation should take one class
period. Consider inviting other classes, schools, and members of the community
to view the process or may have media students videotape the proceedings for
future use or self-evaluation purposes.
1. Lead a discussion about negotiations. All
students negotiate—to change an assignment due date, to borrow the family car,
or to increase their allowance. Explain that the basic principles of
negotiation remain the same even when negotiating for a compensation package.
Lead students in a discussion of what should be negotiated in a compensation
package—students generate a list including wages, benefits, stock options,
pensions, vacations, etc.
2. Explain the difficulties associated with
negotiation and common negotiation strategies.
3. Divide students into groups of six; three
students negotiate for the employer and three students negotiate for the
employees. Instruct students to read everything in their package carefully and
to note the options if they fail to reach an agreement.
4. Give students time to read the material, plan
strategy, and determine their bottom line. Groups meet for one period to
negotiate their contracts. Provide opportunities for individual teams to caucus
briefly during negotiations to agree among themselves what changes they are
willing to make to their offer/demands in order to reach an agreement.
5. At the conclusion of the simulation exercise,
students who came to an agreement should share their contracts with the class
and discuss their experiences. Students who were unable to come to an agreement
should explain their reason and decide what they would like to do next—call in
a mediator/arbitrator, go to final offer selection, strike/lockout.
·
Formative
observation of process of simulation
·
Summative
evaluation of collective bargaining simulation based on student research and
knowledge about the law, ability to stay in role, and understanding of process
(a rubric is suggested)
·
Frequency
and depth of formative evaluation may be increased to support some students.
·
Packages
may have annotated notes, sticky notes, or be highlighted to direct and support
students.
·
Print
material may be enlarged.
Print
Carrel,
Michael, et al. Collective Bargaining
Simulated: Computerized and Non-computerized formats. Prentice-Hall
Websites
http://www.caw.ca
Audio-Visual
Networth. Available from CBC Enterprises.
Time: 290 minutes
This
activity is designed to apply the skills of research and communication
developed throughout the course. In the first part of the activity, students
design a web or chart indicating primary and secondary careers in law. Primary
careers include jobs that require a specific legal education such as lawyer,
police officer, and parole officer. Secondary careers include jobs for which
legal knowledge may not be necessary but would be an asset, including human
resource personnel, customs officials, insurance investigators, and forensic
accountants. In pairs, students select, from their list, three possible careers
in the legal field or jobs for which legal knowledge would be an asset. Students
research their chosen careers using as many resources as possible. Students are
expected to use Internet career searches,
CD-ROM career programs, videos, and interviews with people in their chosen
field. They should, for example, determine future demand for their jobs, salary
levels, educational qualifications, opportunities for continued learning and
training, and volunteer opportunities. At the job fair, students present this
information to the class in an informative and entertaining format. Students demonstrate
their understanding of legal career opportunities in a final test.
Overall
Expectations
LIV.01 -
communicate legal knowledge effectively;
LIV.02 -
identify career opportunities available in the legal field.
Specific
Expectations
LI1.01 -
present information on legal issues, using a variety of traditional and
electronic formats;
LI1.02 -
demonstrate an ability to listen and read critically, find relevant
information, and express and support opinions, using proper legal terminology;
LI1.03 -
identify a variety of legal information services and use them effectively;
LI2.01 -
identify postsecondary opportunities for legal education;
LI2.02 -
list possible careers in law and conduct research on those of interest;
LI2.03 -
identify jobs in the community for which legal training would be an asset.
Students
are familiar with job research skills from the Grade 10 Career class and
activities provided in their Teacher Advisor Programs. Most students can use
the computer for Internet searches and CD-ROM career programs. Students have
developed time-management and organizational skills for independent research.
·
Discussion
regarding job options should be ongoing in a workplace destination course. Just
prior to assigning this culminating activity, the teacher needs to re-emphasize
the importance of thinking about possible jobs.
·
Prepare
an instruction sheet on the criteria and due dates for this assignment.
·
Plan
ahead of time with the teacher-librarian, Guidance teacher, computer teacher,
and Co-op teacher to ensure students have access to materials in the school for
successful completion of this assignment.
·
On
the day of the job fair, ensure that the classroom is set up to best
demonstrate students’ work. (It may be possible to set up in the
Library/Resource Centre or computer lab if students need to present their
information electronically.)
1. Prior to assigning the activity, the teacher
discusses possible career options by bringing in job advertisements from the
local paper or inviting guest speakers on an ongoing basis.
2. Assign students to maintain a legal career
bulletin board throughout the course.
3. Ask students to observe and identify jobs
requiring legal knowledge or training that they see in movies, TV shows, or
everyday life (e.g., a real estate agent needs to know something about contract
and tort law, workplace advocacy roles can be translated into jobs and careers).
4. Explain timelines and criteria for success in
this culminating activity.
5. Partner with Guidance and Co-op departments
to access resources and assistance.
6. Provide students with a list of possible
resources for their research.
7. From their research, students brainstorm a
web or organizational chart, which includes primary legal careers in the middle
and secondary legal careers around the periphery.
8. Pair students and, from their charts, choose
two primary legal careers and two secondary careers for in-depth research.
Assign a third career in each category to ensure that all of the careers have
coverage.
9. Students present the information they have
researched. The presentation could take the form of an electronic slide show
presentation, a video depicting the typical day in a job, an interviews, a
guest speaker, examples of requirements for specific jobs, or an access flow
chart to depict how the career goals can be achieved. The presentations could
be set up in the classroom, gym, or Library/Resource Centre. Half the class
presents their information while the rest of the class visits the presenters;
then the procedure is reversed.
10. A final test, based on presentations, allows
students to demonstrate their active participation in class presentations.
·
Formative
evaluation of presentation at various stages
·
Summative
evaluation of presentation, focusing on research and communications skills,
content, and creativity (outlined in a rubric)
·
Summative
evaluation of job fair participation with a final test
·
Reduce
the number of careers to be researched.
·
Allow
students to research and present information in modes complementary to their
learning styles.
·
Segment
the evaluation of the project so that students receive frequent feedback and
redirection.
·
The
final test may be modified and accommodations provided for students.
Print
Camenson,
Blythe. Careers for Legal Eagles and
other Law-and-other-Types. Lincolnwood,
Websites
http://info.load-otea.hrdc-drhc.gc.ca
(HRDC)
http://www.rcmp-grc.gc.ca/
(RCMP)
Audio-Visual
Get a Life! A Guide to Channelling
Your Future.
Partnership:
Check
with Career teachers and Guidance staff for a more complete list of resources.
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