Course Profile Canadian and International Law (CLN4U), Grade 12, University Preparation, Catholic
Unit 1: Heritage
Time: 20 hours
Activity
1.1 | Activity 1.2 | Activity 1.3 | Activity 1.4
| Activity 1.5 | Activity
1.6
Unit Description
Students demonstrate
their understanding of the historical and philosophical origins of law. As
well, they demonstrate an understanding of the connection and relevance of the
historical and philosophical origins of law to contemporary society. Different
concepts, principles, philosophers, and theories of law are evaluated. Students
demonstrate their understanding of the relationship between law and societal
values. Finally, the influence of individual and collective action on the
evolution of the law is assessed. Students are also asked to examine the views
of the Catholic Church on such legal concepts as justice, equity, and equality.
|
Activity |
Time |
Learning Expectations |
Assessment Categories |
Tasks |
|
1. |
6.25 |
HTV.02, LIV.03,
HT2.01, HT2.02, HT2.03, HT2.04, LI1.03, LI1.04, LI3.03, LI3.05 |
Knowledge/
Understanding Thinking/Inquiry Communication |
Research two
philosophers - one natural law and one positive. Present research to class |
|
2. |
2.5 |
HTV.01, LIV.03,
HT1.01, HT1.02, HT1.03, HT1.04, LI1.03, LI1.04, LI3.03 |
Knowledge/
Understanding |
Distinguish between
primary and secondary sources of law. Define different types of law. Quiz on
legal terminology |
|
3. |
2.5 |
HTV.03, LIV.03,
HT3.01, HT3.02, LI1.03, LI1.04, LI3.02, LI3.06 |
Knowledge/
Understanding Thinking/Inquiry Communication |
Examine a variety
of positions on laws designed to address issues of social morality |
|
4. |
2.5 |
HTV.03, LIV.03,
HT3.03, LI1.02, LI1.04, LI3.02, LI3.05 |
Knowledge/
Understanding Thinking/Inquiry Communication Application |
Write a 500- to
800-word essay supporting or opposing a change to a specific law |
|
5. |
2.5 |
HTV.04, LIV.03, HT4.02,
HT4.03, LI1.04, LI3.04 |
Knowledge/
Understanding Thinking/Inquiry Application |
Examine and
evaluate individual and collective methods for changing laws. Examine
Church’s views on how we should react to laws which violate our rights |
|
6. |
3.75 |
HTV.04, LIV.01,
LIV.03, HT4.01, LI1.02, LI3.05 |
Knowledge/
Understanding Thinking/Inquiry Communication Application |
Evaluate the
influence of individual citizens in changing the law through a written report
or oral presentation |
Time: 6.25
hours
This activity
introduces students to a broad description of the philosophical underpinnings
of our legal system. They are given the opportunity to study the thoughts of
Plato, Aristotle, Cicero, and St. Thomas Aquinas. The ideas of Thomas Hobbes,
John Locke, John Austin, and Jeremy Bentham are also introduced. As well, the
contributions of the modern philosophers Ronald Dworkin and H.L.A. Hart are
studied. As a part of this activity, these philosophers and their beliefs are
put into the general categories of positive and natural law; categories that
will provide the definition of the two primary interpretations of legal
thought. (Positive law is sometimes referred to as legal positivism.) Students
become familiar with the Church and natural law by examining relevant sections
from the Catechism of the Catholic Church.
Ontario Catholic
School Graduate Expectations
CGE 1d - develops
attitudes and values founded on Catholic social teaching and acts to promote
social responsibility, human solidarity, and the common good;
CGE 2a - listens
actively and critically to understand and learn in light of gospel values;
CGE 2b - reads,
understands, and uses written materials effectively;
CGE 3c - thinks
reflectively and creatively to evaluate situations and solve problems.
Strand(s): Heritage, Methods of Legal Inquiry
Overall
Expectations
HTV.02 - evaluate
different concepts, principles, philosophies, and theories of law;
LIV.03 - explain,
discuss, and interpret legal issues orally and in writing.
Specific
Expectations
HT2.01 - interpret
legal concepts such as democracy, justice, equity, equality, and sovereignty;
HT2.02 - analyse the
views of historical and contemporary philosophers of law;
HT2.03 - evaluate
the strength and weaknesses of different theories of law;
HT2.04 - explain the
concept of justice as defined by philosophers and legal scholars;
HT2.05 - analyse
contemporary legal situations that raise the question of the conflict between
what may be legally correct but what is generally viewed as unjust;
LI1.03 - classify
and clarify information, using timelines, organizers, graphs, charts and
diagrams;
LI1.04 - compile
summary notes in a variety of forms and for a variety of purposes, including
research and preparation for debates, oral presentations, mock trials, tests
and summaries;
LI3.05 - write
clear, coherent, and logically organized reports, papers, and essays, observing
the rules for ethical use of research material and following an accepted format
for documenting sources.
It is likely that
the students will have little or no background in philosophy. The idea that
previous civilizations have had an impact on the development of our legal
system will not be new, however. This reality is part of Grade 11 Law as well
as the Grade 10 Civics course. The students should be reminded of these
connections at the beginning of the unit. Particular emphasis should be made on
the Western philosophical and legal tradition, i.e., Greek, Roman, and English.
·
The teacher
reviews the philosophies that are to be studied. There are many sources that
teachers can access including the text, Understanding the Law, 2nd
edition, and possibly a first year university philosophy text. Books,
encyclopedias and, of course, the Internet can provide the teacher with
summaries, as well as the original texts, of many of the works and issues being
studied. Please see Resources for some possibilities.
·
The teacher also
reviews the application of the theories of natural and positive law to legal
issues. Knowledge of pertinent issues, historical and current, is necessary.
They must especially pay close attention to the role law plays in the different
legal traditions and where the legitimacy of the law is derived.
·
The teacher
should book the library and possibly a computer lab if the students are to
conduct research on their chosen philosophers outside of the classroom. The
teacher should also review with the students the school/board policy on ethical
and safe usage of the Internet.
·
The assessment
and evaluation tools which have been provided with this Course Profile are
provided as samples only of how the teacher may wish to assess/evaluate the
students’ work. The best assessment/evaluation tools are those created by the
teacher and students collaboratively. Rubrics should be designed for specific
tasks.
·
For further
Internet sites for political philosophers, the teacher should consult with the
Grade 11 Course Profile – Unit 1, Heritage, Activity 1.2, pp.6-7.
1. The teacher asks the students if they can
think of an act that is always wrong or illegal. (This distinction will become
more difficult for the students to make later on) Their responses may include
such acts as murder, theft, sexual assault, or even incest. The teacher writes
these on the board and asks students why they believe these acts are wrong.
Students’ reasons are recorded. Students are asked if they believe such acts
are wrong today in every context, were considered wrong in the past in every
human culture, and if they will always be wrong in the future, in every
possible human civilization. Problems should arise when the students offer
examples such as the possibility of stealing food for starving children or
killing in self-defence. Suggest class discussion about what these seeming
contradictions mean. Some students may reply that it means that nothing is ever
“wrong” all the time. Therefore, all restrictions on human activity are
culturally defined. Others may say that the acts are wrong, were wrong, will be
wrong and these cultures just had not “developed” sufficiently to realize it.
For example, self-defence is just that and it is an error to call it murder. Of
course, it is possible that the students may not respond with these examples.
If that is the case, the teacher must lead the discussion
2. The students are informed that these two
generally different views of where the ideas of right and wrong come from are
reflected in our legal system today. The definitions should contain something
similar to the following and should be recorded by the students:
· Right and wrong are what we as a group, culture, nation, or civilization decide they are. The only way to define what is just or right or wrong is to look at what the law says. This is called positive law or legal positivism. (How these laws are written and on what grounds groups decide who will write the law comprise a different issue. This will become apparent as the positive law philosophers are studied.)
· Right and wrong are concepts that are independent of human experience. Therefore, the laws proclaimed by humans who happen to be in control may not always command obedience. The explanations of how humans perceive these never changing concepts depend on the philosopher that is being studied. This is called natural law.
3. The
problems with these definitions are obvious. They are very general and students
need to be warned about the dangers of over-generalizing and simplifying very
complex issues. They do not cover every eventuality. However, they are
extremely useful in organizing the philosophical views the students will be
introduced to. They are also used in many student texts. (Note that the
extremes of these views present problems. The followers of natural law theory
have a problem explaining how different people or groups can proclaim directly
opposing philosophies as natural law. Positive law believers have difficulty demonstrating
how it can be right or legal for a country to pass into law such things as
slavery or racial or sexual discrimination.)
4. The students provide examples of both
traditions. Any religious heritage is an example of what is perceived as
natural law. The teacher may receive examples from the Ten Commandments to the
Bhagavad Gita. These will be discussed at length in the next activity. Positive
law models are even easier to discover. Use any statute passed by any level of
government. It would probably be useful to point out a law that has changed
over time as proof of the positive law principle, that is, law is what we say
it is and what is legal is what is right.
5. To help students appreciate the Church and
natural law, it is suggested that the teacher select passages from the
Catechism of the Catholic Church (the following sections are relevant: 1954 –
1960). Through a class discussion, students determine what the beliefs of the
Church are with respect to natural law.
6. The students research the thoughts of two of
the following philosophers, one from each of the positive and natural law
categories. (Every philosopher in the list should be covered.) These notes must
be summarized into a brief synopsis which is evaluated by the teacher and
presented to the class. The significance of the beliefs of these thinkers to
the debate about positive and natural law should be noted.
|
Natural Law Philosophers: |
Positive Law Philosophers: |
|
Plato |
Hobbes |
|
Aristotle |
Bentham |
|
Cicero |
Austin |
|
Aquinas |
Hart |
|
Locke |
|
|
Dworkin |
|
7. Once selected, students present their
findings to the class; it is the teacher’s role to put the findings into
context. Students are also responsible for recording information about each of
the philosophers. It is important to note the gradual movement of positive law
philosophy toward the ideal of having the majority of the people decide what is
legal and thus legal legitimacy will emanate from the idea of democracy. As
well, the teacher should note that natural law concepts, like the right to life
(which is after all a belief), and human dignity, which the Supreme Court has
said is the centerpiece of equality rights, continue to exist in documents like
the Charter of Rights and Freedoms enshrined in the Canadian Constitution.
·
Roving
conferences are held by the teacher to ensure that students understand the
assignment and stay on task. The teacher may also wish to use this opportunity
to observe students’ learning skills while they are researching their philosopher,
in particular: Works Independently, Organization, and Initiative. A sample
Learning Skills Checklist has been provided (Appendix 1.1.1).
·
Formative
assessment of the student’s research on two philosophers by the teacher for
completeness and accuracy.
·
Formative
assessment of the notes composed by the students during the brief
presentations.
·
Review IEPs to
determine the needs of exceptional students; consider the needs of students who
may require extra assistance.
·
Arrange for
individual assistance for students who need help understanding the differences
between natural and positive laws.
·
Make teacher/peer
tutor assistance available in note taking.
Print
Student text
Any first
year university philosophy text
Text for
Grade 11 Open Philosophy Course: The Big Questions (HZB30)
Text for
Grade 12 University/College Philosophy: Questions and Theories, Grade 12,
University Preparation (HZT4U)
Catechism of the
Catholic Church. New York:
Doubleday, 1995.
Internet
Catechism of
the Catholic Church – http://www.vatican.va/archive/catechism/ccc_toc.htm
Internet
Encyclopedia of Philosophy - good summaries of some of the philosophers studied
in this unit
– http://www.utm.edu/research/iep/
Internet
History Source Books Project - excellent source for historical and
philosophical readings as well as notes on the eras they were produced in –
http://www.fordham.edu/halsall/
Introduction
to Political Philosophy and Ideologies –
http://polisci.nelson.com/ideologies.html
Political
Philosophers – http://www.wheaton.edu/polisci/woodowoss/Philosophers.html
Biographies - The
Jurists – http://www.blupete.com/Literature/Biographies/Law/Jurists.htm
Appendix 1.1.1 –
Learning Skills Checklist
Time: 2.5 hours
Students develop
knowledge and understanding of both primary and secondary sources of law and
the differences that exist within each of these major sources. Examples of
primary sources include religion, customs and conventions as well as social and
political philosophy, while constitutions, statutes and regulations and court
decisions are included in the secondary sources. Finally, the students
appreciate the variety of activities associated with the study of law by
exploring its many classifications. They extend their understanding of the ways
in which law may be sorted by examining the Catholic Church’s classifications
of law.
Ontario Catholic
School Graduate Expectations
CGE 2b - reads,
understands, and uses written materials effectively;
CGE 2d - writes and
speaks one or both of Canada’s official languages;
CGE 3b - creates,
adapts, and evaluates new ideas in light of the common good;
CGE 3c - thinks
reflectively and creatively to evaluate situations and solve problems;
CGE 7g - respects
and understands the history, cultural heritage, and pluralism of today’s
contemporary society.
Strand(s): Heritage, Methods of Legal Inquiry
Overall
Expectations
HTV.01 - demonstrate
an understanding of the historical and philosophical origins of law and their
connection and relevance to contemporary society;
LIV.03 - explain,
discuss, and interpret legal issues orally and in writing.
Specific
Expectations
HT1.01 - trace the
development of law from its primary sources in religion, customs, and social
and political philosophy;
HT1.02 - distinguish
between primary and secondary sources of law;
HT1.03 - distinguish
between common and civil law, substantive, and procedural law, domestic and
international law, public and private law;
LI1.03 - classify
and clarify information, using timelines, organizers, graphs, charts and
diagrams;
LI1.04 - compile
summary notes in a variety of forms and for a variety of purposes, including
research and preparation for debates, oral presentations, mock trials, tests
and summaries;
LI3.03 - use legal
terms accurately and appropriately for a variety of purposes and audiences.
·
From their
History classes, students should be familiar with the concepts of primary and
secondary sources.
·
Students have
been introduced to the subject matter of this activity initially in the Grade
10 Civics course. They have some understanding of the judicial system and
should be familiar with the different types of laws which exist in Canada, i.e.
public/private law.
·
Students who have
completed the Grade 11 Law course have studied the historical roots of law,
criminal law and procedures, and regulation and dispute resolution.
The teacher prepares
materials on primary and secondary sources of Law and on the different types of
laws.
1. To introduce the students to the concepts of
primary and secondary sources, they brainstorm examples of what would be
considered primary and secondary sources in history. The teacher introduces the
idea that law also has primary and secondary sources.
2 Using their texts or teacher provided
sources, students compose notes for the following:
· Primary Sources: Religion, Customs and Conventions, and Social and Political Philosophy.
· Secondary Sources: The Constitution, Statutes, and Court Decisions.
The students’ notes should define each of the
above and provide an example for each one.
3. To help students understand
the many types of law that are to be studied, it is necessary that they become
familiar with a number of terms. It would be helpful if the students were to
create a definition page in their notes where they could record new
information. Most texts provide a chart which details how the different types
of law are connected.
4. Students need to become familiar with the
following types of law: Common and Civil Laws; Substantive and Procedural Laws;
Domestic and International Laws; Private Laws including Contract, Property,
Tort, Family and Corporate; Public Laws including Constitutional, Criminal, and
Administrative. Using their texts or teacher - provided material, students
define each of the previous types of laws in their notes.
5. The
Church also identifies different types of laws: eternal, natural, revealed, and
civil and ecclesiastical. Students are asked to explain what they believe each
type of law is and to provide an example of each one. The teacher may wish to
consult Section 1952 of the Catechism of the Catholic Church for background
information.
·
Roving conference
by the teacher to ensure that students understand the assignment and stay on
task. (The teacher may also wish to use this as an opportunity to observe
students’ learning skills while they are researching their definitions, in
particular: Works Independently, Organization, and Initiative. A sample
Learning Skills Checklist has been provided Appendix 1.1.1.)
·
Formative
assessment of the students’ definitions for completeness and accuracy.
·
Summative
evaluation of the students’ understanding of legal terminology through a quiz.
·
Vary length of
written work or provide alternate methods of recording to be provided (scribing
or audio taping).
·
IEPs may provide
specific direction for accommodations with respect to written work.
·
Make teacher/peer
assistance available for note taking.
·
Test or quiz must
adhere to an accommodation stated in an exceptional student’s IEP, i.e., extra
time, computers, and assistance with scribing.
·
Individuals may
require extra help to prepare for the test through study notes, review, etc.
Print
Student
text.
Catechism of the
Catholic Church. New York:
Doubleday, 1995.
Appendix 1.1.1 –
Learning Skills Checklist
Time: 2.5 hours
This activity
furthers the student’s understanding of the connection between our ideas of
morality and the reality of what is legal. The activity forces the students to
examine the assumptions behind the many laws we have that restrict human
activity. These could include the examination of laws developed to enforce a
level of morality in social behaviour. The potential for conflict between
natural and positive law concepts that arise as attitudes towards these
activities change is also explored.
Ontario Catholic
School Graduate Expectations
CGE1d - develops
attitudes and values founded on Catholic social teaching and acts to promote
social responsibility, human solidarity, and the common good;
CGE 2b - reads,
understands, and uses written materials effectively;
CGE 2d - writes and
speaks one or both of Canada’s official languages;
CGE 3f - examines, evaluates, and applies knowledge of interdependent
systems for the development of a just and compassionate society;
CGE 7a - acts
morally, and legally as a person formed in Catholic traditions.
Strand(s): Heritage, Methods of Legal Inquiry
Overall
Expectations
HTV.03 - demonstrate
an understanding of the relationship between law and societal values;
LIV.03 - explain,
discuss, and interpret legal issues orally and in writing.
Specific
Expectations
HT3.01 - explain the
interrelation of law, morality, and religion;
HT3.02 - analyse how
society uses law to express its values;
LI1.03 - classify
and clarify information, using timelines, organizers, graphs, charts and
diagrams;
LI1.04 - compile
summary notes in a variety of forms and for a variety of purposes, including
research and preparation for debates, oral presentations, mock trials, tests
and summaries;
LI3.02 - justify and
support opinions, using proper legal terminology and informed research
LI3.06 - demonstrate
respect for the opinions and perspectives of others in discussing legal issues.
·
Students may have
studied these issues in religion or Man in Society courses. The Grade 11 Law
course introduced some of these legal problems as well.
·
The philosophical
underpinnings of what is legal and what is illegal will probably be new to the
students. However, the method of study should not be. The students will be
reading about these questions, discussing them with their classmates, and
writing personal opinions on particular issues.
This is a sensitive area. Teachers will need to prepare to model for students, a mature approach to the discussion of contentious issues on which individuals hold strong opinions.
1. The students should be asked if they can
think of any human activity that was once illegal that no longer is, or that
used to be impossible and no longer is. (The teacher should mention the era of
prohibition.) The students speculate why the laws regarding these activities
changed. Their responses will vary but they should be led to the idea that
people’s attitudes towards these acts changed so the law changed as well.
Further discussion could include topics such as genetic engineering or human
cloning. On what grounds, legal or moral, can lawmakers limit or even control
these types of activities?
2. The next question that should be asked of the
students is whether or not they think there should be a limit on what the law
should concern itself with.
3. The teacher introduces excerpts from a
variety of documents that address these issues. The students read the excerpts
provided. As individuals or in groups, the students record what they believe to
be the most important concepts that each of the writers have noted. They should
provide specific examples of human activity that may be seen in different ways
from different perspectives. The students are also asked to consider the
reasons that each of the writers would give for allowing laws to limit human
behaviour in some way.
4. The student’s responses to the readings are
taken up. The teacher may wish to have them hand in or present their findings.
The most important issues that this report raises are the distinctions between
public (governmental or societal) and private morality, and that the law should
reflect the right of individuals to live their lives as they wish, with the
general admonition to have laws that would prevent harm to those who cannot
protect themselves. The teacher should make it clear that there is no “right”
side to this debate.
·
Formative
assessment of the groups’ efforts by the teacher through a checklist (See
Appendix 1.3.1 or assessment of individual efforts by a learning skills
checklist Appendix 1.1.1.)
·
Formative
assessment of the student’s written response.
·
IEPs may provide
specific direction for accommodations with respect to written work.
·
If the assignment
is to be completed in groups, ensure a balance and appropriate mix of students.
·
Where necessary,
provide copies of teacher board notes/overhead notes to students.
·
Allow additional
time and assistance for students who have difficulties writing their responses
to the materials examined.
Print
Student text
newspapers
news magazines
Internet
Sources
Essay on
Mill and the idea of liberty, harm and the greater good written by Devlin
– http://www.uwichill.edu.bb/bnccde/_e&ae/devlin.html
An essay by Maureen
McTeer on the role of morality in making law. A special emphasis is on
reproductive technology – http://journal.law.mcgill.ca/abs/404mctee.htm
Appendix 1.1.1 –
Learning Skills Checklist
Appendix 1.3.1 –
Observational Checklist for Observing Group Discussions
Time: 2.5 hours
This activity allows
the students the opportunity to explore the relationship between societal
values, and law by either supporting or opposing a change to an existing law.
It helps the students to understand how values sometimes conflict with and
sometimes underpin our laws. The choice of which law to study is the student’s,
but each of the options present a series of questions about the role of
morality in the formation of the law that the students have to answer. Basic
assumptions about the role of the law and the rights of the citizen and the
community are to be investigated.
Ontario Catholic
School Graduate Expectations
CGE1d - develops
attitudes and values founded on Catholic social teaching and acts to promote
social responsibility, human solidarity, and the common good;
CGE 3c - thinks
reflectively and creatively to evaluate situations and solve problems;
CGE 3f - examines,
evaluates, and applies knowledge of interdependent systems for the development
of a just and compassionate society;
CGE 4g - examines
and reflects on one’s personal values, abilities and aspirations influencing
life’s choices and opportunities;
CGE 7c - seeks and
grants forgiveness.
Strand(s): Heritage, Methods of Legal Inquiry
Overall
Expectations
HTV.03 - demonstrate
an understanding of the relationship between law and societal values;
LIV.03 - explain,
discuss, and interpret legal issues orally and in writing.
Specific
Expectations
HT3.03 - identify
and analyse contemporary events and issues that raise a possible conflict
between what may be legally correct but is generally viewed as unjust;
LI1.02 - effectively
conduct legal research, using traditional and non-traditional sources of
information;
LI1.04 - compile
summary notes in a variety of forms and for a variety of purposes, including
research and preparation for debates, oral presentations, mock trials, tests
and summaries;
LI3.02 - justify and
support opinions, using proper legal terminology and informed research;
LI3.05 - write
clear, coherent, and logically organized reports, papers, and essays, observing
the rules for ethical use of research material and following an accepted format
for documenting sources.
·
Most of the
issues that are to be studied should be familiar to the students.
·
They should also
be familiar with the idea of writing or proposing a new law. The difference in
this undertaking is that the emphasis on the theoretical instead of the
prescriptive. (The why as opposed to the what.)
The teacher needs to
be familiar with divisive societal issues and the laws that pertain to them.
The text will have some examples, but further research is necessary. As was
stated in the previous activity, the teacher must be aware not only of the
disputes but also of the alternative viewpoints. There are several high profile
examples. These could include: the legalization of certain, illegal drugs, the
legalization of surrogate motherhood for financial gain, human cloning, genetic
manipulation, and euthanasia. The teacher could decide to have the entire class
study the same issue, using the same resources. This is likely when the teacher
discovers a particularly concise description of the alternatives available to a
society concerning one of the situations listed above. This would allow the
teacher to prepare his/her rubrics and intensify his/her knowledge of a particular
legal and moral dilemma.
1. Students should, with the help
of the teacher, review the principles expressed in the previous activity. They
should understand the reasoning behind the existing laws. The teacher should
remind them of the distinct purposes law serves for natural and positive law
thinkers. These purposes should have been noted when the students studied the
views of the philosophers in the first activity. They should be reviewed and
are as follows:
Natural law philosophers believe that law should reflect unchanging moral certainties. They believe that law should promote the “good.” They believe that law serves as a guide and a target to help citizens be better people and strive towards an ideal. So, for example, laws against drug use are supported because drug use defeats the aim of being as fully human as is possible. As well, the idea of addiction and its subsequent dependence on a substance foreign to the body is a “bad” one.
Positive law thinkers believe that the law should reflect the beliefs and promote the interests of the majority of the population in a democratic model – otherwise the views/values of the political sovereign. As far as ideals, there is only the general prescription to avoid harm and protect those who cannot protect themselves. They may believe that law cannot be any more than that, because the differing ideas of what is “wrong” preclude any certainty.
2. With
these concepts in mind, the students write a 500-to 800-word essay supporting
or opposing a change to a specific law. In the case of an issue such as human
cloning, where in Canada law has yet to be written, have the students express
an opinion on whether there should be a law or not. The students should be
encouraged to enlist the thoughts of one or more of the philosophers studied in
the first activity along with the information they are able to gather in their
research, or possibly from the material provided by the teacher.
·
Roving conference
by the teacher to ensure that students understand the assignment and stay on
task. The teacher may also wish to use this as an opportunity to observe
students learning skills while they are researching their topic, in particular:
Works Independently, Organization and Initiative. A sample Learning Skills
Checklist has been provided. (Appendix 1.1.1)
·
Summative
evaluation by the teacher of the students’ arguments supporting or opposing
changes to a law by a rubric such as Appendix 1.4.1. The rubric provided with
this Course Profile is intended as a sample only. The best possible rubric is
one that the teacher develops with the students. For samples of rubrics to
assess written assignments, the teacher could examine profiles from other
subjects in the Social Sciences. The English Course Profiles also have rubrics
for assessing this type of work - in particular the Grade 10 Public Advanced
Course Profile.
·
Refer to the
Planning Notes section in Activity 1.1, for background on the Church’s views on
accommodations and their importance to our students.
·
Make teacher/peer
assistance available for note taking.
·
Alter
text/readings/Internet sources to accommodate student needs.
·
Provide time and
opportunity for writing and editing in class.
·
Permit use of computer
technology to practise writing and editing.
Print
Student text
News
magazines (The Economist is a consistent exponent of drug legalization)
Newspapers
Internet Sources
Drugs –
http://www.drugwarfacts.org/
Discussion
of the drug legalization argument – http://www.cato.org/pubs/pas/pa121.html
Discussion
of the reasons for continued criminal sanction for drug possession, sale and/or
use
– http://www.usdoj.gov/dea/demand/druglegal/
This is an
online book, about the issues raised by drug legalization
– http://www.druglibrary.org/special/goode/bpr.htm
An argument
against human cloning – http://stacks.msnbc.com/news/520624.asp?cp1=1
Information about
the human cloning debate and bioethics in general
– http://ajobonline.com/cloning.php
Appendix 1.1.1 –
Learning Skills Checklist
Appendix 1.4.1 –
Written Report Rubric
Time: 2.5 hours
Students examine the
role of collective action and the power of the individual in changing the law
in democracies. They are asked to assess a variety of methods which may be
employed such as lobby and pressure groups, voting at the polls, and citizen
petitions. In determining the circumstances under which individuals have a responsibility
to seek legal reforms, students examine the Church’s teachings, in particular
those dealing with conscience and the role of civil authorities.
Ontario Catholic
School Graduate Expectations
CGE 2a - listens
actively and critically to understand and learn in light of gospel values;
CGE 2b - reads,
understands, and uses written materials effectively;
CGE 3b - creates,
adapts, and evaluates new ideas in light of the common good;
CGE 3d - makes
decisions in light of gospel values with an informed moral conscience;
CGE 3f - examines,
evaluates, and applies knowledge of interdependent systems for the development
of a just and compassionate society.
Strand(s): Heritage, Methods of Legal Inquiry
Overall
Expectations
HTV.04 - assess the
influence of individual and collective action on the evolution of law;
LIV.03 - explain,
discuss, and interpret legal issues orally and in writing.
Specific
Expectations
HT4.02 - assess the
role of collective action in changing the law in democracies;
HT4.03 - assess the
power of the individual citizen to change or modify our laws and determine
under what circumstances individuals have a responsibility to seek legal
reforms;
LI1.04 - compile
summary notes in a variety of forms and for a variety of purposes, including
research and preparation for debates, oral presentations, mock trials, tests,
and summaries;
LI3.04 - create
graphs, charts, organizers, images, and illustrations to support oral and
written presentations.
·
In the Grade 10
Civics course students examined democratic decision making, the rights and
responsibilities of citizenship, and the impact of non-violent citizen
participation in resolving public issues in Canada. They were also asked to
participate in a civil action.
·
Students who have
completed the Grade 11 Law course were asked to analyse situations in which
rights and freedoms may conflict. They are aware of initiatives that
individuals and lobby groups may use to introduce new laws or change existing laws.
The teacher should
become familiar with the materials from the Catechism of the Catholic Church
(Appendix 1.5.1). Other support documents for teachers are Gaudium et spes,
a Second Vatican document, and On Choosing a Government by the Ontario
Bishops. Websites for both of these documents may be found in the Resources.
1. The teacher presents the following scenario
to the students:
The government changed the law having to do with the rights of young
offenders. The new law lowers the maximum age of a young offender to sixteen.
This means that young people above this age will now be automatically tried as
adults. As a result, they will receive the same penalties as adults, have a
criminal record and could possibly have their names published in the media. You
strongly object to these changes because you believe that sometimes young
people do make poor choices and should have an opportunity to learn from their
mistakes. What actions could you take as an individual or as a group to change
this law? Students offer possible actions that could be taken. The teacher
records these on the board. Some possible suggestions could include: petitions,
letters to members of the government, letters to the editor, lobbying, use of
pressure groups, voting at the polls, peaceful demonstrations, court
challenges, etc. The teacher may add other methods to the list.
2. In small groups, students examine each of the
possible methods for bringing about change. They are to decide how effective
each method would be and in which situation it would best be used. Students
should record their findings in a chart or an organizer.
3. Groups report to the class their assessments
of the various methods.
4. The teacher asks students for examples of situations
in which they have a responsibility to seek legal reform. Some examples could
include: civil rights violations, police brutality, privacy issues.
5. The teacher selects one or two issues and
asks students to offer suggestions of what they would do to bring about legal
reform. These issues should be recorded on the board. In groups, students are
asked to examine the Church’s views on how we should react to laws which
violate our rights. They are given Appendix 1.5.1 and asked to consider the
following: What role does your conscience play in deciding what actions to
take? In what situations are you encouraged to disobey civil authorities? How
will you decide if you should disobey? Describe two situations where you feel
you would follow the Church’s teachings on civil disobedience. Each member of
the group should record his/her responses.
6. Suggest class discussion on the findings of
the groups. As a result of these discussions, students should be more aware of
the role their conscience plays in making moral decisions and what courses of
action they may take if there is a conflict between the views of the civil
authorities and their conscience.
·
Roving conference
by the teacher to ensure that students understand the assignment and stay on
task. (The teacher may wish to assess group discussions. See Appendix 1.3.1)
·
Formative
assessment by the teacher of the students’ presentations on methods to bring
about change. (See Appendix 1.5.2. Students may also be asked to assess their
work in their groups through a checklist. See Appendix 1.5.3.)
·
Refer to the
Planning Notes section in Activity 1.1, for background on the Church’s views on
accommodations and their importance to our students.
·
Peer tutor provides
support by scribing notes/discussions for future reference.
·
The teacher may
review cooperative group skills and dynamics, as well as individual
responsibilities and ensure that a balance within group structures reflects
varied strengths, abilities, and needs.
Print
Student text
Christian
Justice. Minnesota: St Mary’s
Press, 1995.
Do
Justice! CCB (Toronto, 1987).
Dreams, Dilemmas
and Decisions. Manitoba:
Friesen Press, 1994.
Internet
Gaudium
et Spes –
http://www.cin.org/v2modwor.html
On Choosing a
Government – http://www.occb.on.ca/
Appendix 1.1.1 –
Learning Skills Checklist
Appendix 1.3.1 –
Observational Checklist for Observing Group Discussions
Appendix 1.5.2 –
Checklist for Assessment of Oral Presentation
Appendix 1.5.3 –
Peer/Self-Assessment Observation Checklist
Time: 3.75
hours
Students are asked
to evaluate the influence of individual citizens who have struggled to change
the law. They are asked to include in their evaluation: the laws the individual
attempted to change; the methods they used; how effective they were; and which
natural or positive philosophers they may have been influenced by.
Ontario Catholic
School Graduate Expectations
CGE1d - develops
attitudes and values founded on Catholic social teaching and acts to promote
social responsibility, human solidarity, and the common good;
CGE 2a - listens
actively and critically to understand and learn in light of gospel values;
CGE 2d - writes and
speaks one or both of Canada’s official languages;
CGE 3c - thinks
reflectively and creatively to evaluate situations and solve problems;
CGE 4f - applies
effective communication, decision-making, problem-solving, time, and resource
management skills.
Strand(s): Heritage, Methods of Legal Inquiry
Overall
Expectations
HTV.04 - assess the
influence of individual and collective action on the evolution of law;
LIV.01 - use
research methods appropriately to gather, organize, and synthesize information;
LIV.03 - explain,
discuss, and interpret legal issues orally and in writing.
Specific
Expectations
HT4.01 - evaluate
the influence of individual citizens who have fought to change the law;
LI1.02 - effectively
conduct legal research, using traditional and non-traditional sources of
information;
LI3.05 - write
clear, coherent, and logically organized reports, papers, and essays, observing
the rules for ethical use of research material and following an accepted format
for documenting sources.
·
In the Grade 10
Civics course, students studied individual citizens who have made a difference.
Some of these same people may be examined again but from a different
perspective.
·
Students who
completed the Grade 11 Law course evaluated the contributions of individual
citizens and organizations in developing and increasing awareness of human
rights issues.
·
In previous
activities students have studied natural and positive philosophers. As well,
they have examined methods that may be used by individuals or groups to bring
about change to laws.
· The teacher should generate a list of individuals who can be studied. Some possibilities are offered in Strategy 1.
· Depending on both time and available resources, the teacher may have to provide some resources to the students. This could include both print material and Internet sites.
For this
activity, several possible suggestions are offered.
1. Individuals who could be examined include:
Sue Rodriguez, Nelson Mandela, Martin Luther King, Rosa Parks, Mahatma Gandhi,
Elijah Harper, Tommy Douglas, David Suzuki, Nelly McClung, Emily Murphy, Pierre
E. Trudeau, Craig Keilburger, John F. Kennedy, Robert Kennedy. This list
includes possible suggestions only.
2. Students are asked to research and submit a
500- to 750-word paper on an individual. They should examine and report on the
following: what the legal issues were that the individual believed needed
change; what actions he/she undertook to bring about the change; how successful
he/she was; which legal tradition (positive or natural) was he/she influenced
by; and, if possible, which philosopher would have exerted an influence; and
finally, whether the student would have proceeded differently – if yes then why
and how, if no then why not.
3. In this suggestion, the students work in a
jigsaw. The teacher would pre-select several individuals as topics for
research. Each group would be assigned a person. The group would use texts and
teacher provided resources to complete their research. They would answer the
same questions as in
Strategy 2. When students return to their home groups they would present their
findings. At the end of the presentations, students are asked to prepare a
one-page submission which could include the following: the person they believe
was the most successful in bringing about change and an examination of the
reasons for his/her success.
4. Students in groups could research an
individual by again answering the questions posed in the A scenario. Each group
would share their findings in a brief oral presentation to the class. Each
student would be responsible for submitting a one-page summary of the group’s
research.
·
Roving
conferences by the teacher to ensure that students are on task, and to help the
students with any concerns they have
·
Formative teacher
assessment of group discussions through a checklist while students are working
in their groups. (Appendix 1.3.1)
·
Formative peer or
self-assessment of group work, using a checklist. (Appendix 1.5.3)
·
Scenarios A, B
and C - Summative teacher evaluation of the written response, using rubric.
(Appendix 1.6.1)
·
Scenario B -
Summative teacher evaluation, using an oral presentation checklist. (Appendix
1.5.2) (The evaluation of individual work should be made by the teacher.)
·
The teacher
creates a balance within the group structures to reflect the varied strengths,
abilities, and needs of the group. Cooperative group skills and the
responsibilities of individuals to be reviewed.
·
Offer assistance
in helping prepare both oral and written reports.
·
Alter length or
format for students with writing difficulties.
·
Written materials
may be altered for students with reading difficulties. Scribing or audio taping
could be used.
·
Provide
opportunity and time for peer editing.
·
Alternate
evaluation/assessment strategies may be adapted as outlined in the IEP to more
accurately reflect student participation and effort.
Print Sources
Student text
Grade 10
Civics texts provide information on many of the individuals mentioned.
Grade 10
History texts provide information on many of the individuals mentioned.
Teacher-provided
print information
Internet
Sources
Nelson
Mandela – http://www.anc.org.za/people/mandela.html
– http://www.pbs.org/wgbh/pages/frontline/show/mandela/
– http://www.mandela-tribute.com
Martin
Luther King – http://seattletimes.nwsource.com/mlk
– http://www.thekingcenter.com/
– http://wwwlib.Isu.edu/hum/mlk/
Rosa Parks –
http://www.holidays.net/mlk/rosa.htm
– http://www.grandtimes.com/rosa.html
– http://www.leap.yale.edu/lclc/town/stand/rosa.html
Mahatma
Gandhi – http://www.pathfinder.com/time/time100/pic/runnerup2.html
– http://www.mkgandhi.org
– http://www.nuus.com/ashram
Elijah
Harper – http://www.turtleisland.org/news/news-elijah.htm
Tommy
Douglas – http://www.weyburnreview.com
– http://www.sfn.saskatoon.sk.ca
David Suzuki
– http://www.davidsuzuki.org/
– http://collections.ic.gc.ca/heirloom_series/volume6/224-225.htm
Emily Murphy
– http://www.southam.com/nmc/ohcanada/snapshots/murphy.html
– http://www.rockyview.ab.ca/bpeak/students/canada/mmtri3.html
Nelly
McClung – http://www.swc-cfc.gc.ca/persons/case-e.htm
– http://www.archives.ca/04/042412_e.html
Pierre
E. Trudeau – http://collections.ic.gc.ca/canspeak/english/pet/
Craig
Keilburger – http://www.telefilm.gc.ca/en/prod/tv/tv98/055.htm
John F.
Kennedy – http://gi.grolier.com/presidents/ea/bios/35pkenn.html
Robert Kennedy –
http://www.rfkennedymemorial.org/
Appendix 1.3.1 –
Observational Checklist for Assessing Group Discussions
Appendix 1.5.2 –
Checklist for Assessment of Oral Presentations
Appendix 1.5.3 –
Peer/Self-Assessment Observation Checklist
Appendix 1.6.1 –
Written Report Rubric
Activity:
Date:
Key: E – Excellent G – Good S
– Satisfactory NI – Needs
Improvement
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Student |
Works Independently (regularly
completes assignments on time with care) |
Teamwork (works willingly
and cooperatively with others) |
Organization (ability to
organize and manage time and information) |
Work Habits/ Homework (puts forth a
consistent effort and completes assignments on time) |
Initiative (seeks out new
opportunities for learning) |
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Date: _____ |
Listens to others’
views without interrupting |
Contributes
information or ideas when called upon |
Modifies views
when faced with new or conflicting evidence |
Shows respect for
ideas of others |
Stays focused on
the task at hand |
Accepts an equal
share of the workload |
Can be counted on
to complete the work assigned by the group |
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Adapted from
Making The Grade, O.S.S.T.F., 1987.
|
Criteria |
Level 1 |
Level 2 |
Level 3 |
Level 4 |
|
Knowledge/
Understanding Understanding
of contemporary events and issues that demonstrate a possible conflict
between the law and societal values |
- demonstrates a
limited understanding of contemporary events and issues that demonstrate a
possible conflict between the law and societal values |
- demonstrates
some understanding of contemporary events and issues that demonstrate a
possible conflict between the law and societal values |
- demonstrates a
considerable understanding of contemporary events and issues that demonstrate
a possible conflict between the law and societal values |
- demonstrates a
thorough understanding of contemporary events and issues that demonstrate a
possible conflict between the law and societal values |
|
Thinking/Inquiry |
- applies few of
the skills involved in an inquiry process |
- applies some of
the skills involved in an inquiry process |
- applies most of
the skills involved in an inquiry process |
- applies all of
the skills involved in an inquiry process |
|
Communication a) demonstrates an awareness of audience and
task b) communicates information and ideas |
- demonstrates a
limited awareness of audience and task - demonstrates
limited clarity of information and ideas |
- demonstrates
some awareness of audience and task - demonstrates
some clarity of ideas and information |
- demonstrates a
clear understanding of audience and task - demonstrates
considerable clarity of ideas and information |
- demonstrates a
clear understanding of audience and task - demonstrates a
high degree of clarity of ideas and information |
|
Communication Structure and grammar: the degree to which
the writer’s response exhibits correct usage, structure, and grammar |
- demonstrates
limited usage, structure, and grammar |
- demonstrates
moderate usage, structure, and grammar |
- demonstrates
considerable usage, structure, and grammar |
- demonstrates
thorough usage, structure, and grammar |
|
Application |
- plans course of
action with limited effectiveness |
- plans course of
action with moderate effectiveness |
- plans course of
action with considerable effectiveness |
- plans course of
action with a high degree of effectiveness |
Note: A student whose achievement is below Level 1
(50%) has not met the expectations for this assignment or activity.
Student Name: _____________________ Overall
Level:
Comments:
Strengths:
Next Steps:
1778 Conscience is a judgment of reason whereby the human person recognizes
the moral quality of a concrete act that he is going to perform, is in the
process of performing, or has already completed. In all he says and does, man
is obliged to follow faithfully what he knows to be just and right. It is by
the judgment of his conscience that man perceives and recognizes the
prescriptions of the divine law:
Conscience is a law of the mind; yet [Christians] would not grant that it is nothing more; I mean that it was not a dictate, nor conveyed the notion of responsibility, of duty, of a threat and a promise. [Conscience] is a messenger of him, who, both in nature and in grace, speaks to us behind a veil, and teaches and rules us by his representatives. Conscience is the aboriginal Vicar of Christ.
1779 It is important for every person to be
sufficiently present to himself in order to hear and follow the voice of his
conscience. This requirement of interiority is all the more necessary as
life often distracts us from any reflection, self-examination or introspection:
Return to your conscience, question it… Turn inward, brethren, and in everything you do, see God as your witness.
1780 The dignity of the human person implies and
requires uprightness of moral conscience. Conscience includes the
perception of the principles of morality (synderesis); their application in the
given circumstances by practical discernment of reasons and goods; and finally
judgment about concrete acts yet to be performed or already performed. The
truth about the moral good, stated in the law of reason, is recognized
practically and concretely by the prudent judgment of conscience. We call that
man prudent who chooses in conformity with this judgment.
1781 Conscience enables one to assume responsibility
for the acts performed. If man commits evil, the just judgment of conscience
can remain within him as the witness to the universal truth of the good, at the
same time as the evil of his particular choice. The verdict of the judgment of
conscience remains a pledge of hope and mercy. In attesting to the fault
committed, it calls to mind the forgiveness that must be asked, the good that
must still be practiced, and the virtue that must be constantly cultivated with
the grace of God:
We shall… reassure our hearts before him whenever our hearts condemn us; for God is greater than our hearts, and he knows everything.
1782 Man has the right to act in conscience and in
freedom so as personally to make moral decisions. “He must not be forced to act
contrary to his conscience. Nor must he be prevented from acting according to
his conscience, especially in religious matters.”
1783 Conscience must be informed and moral judgment
enlightened. A well-formed conscience is upright and truthful. It formulates
its judgments according to reason, in conformity with the true good willed by
the wisdom of the Creator. The education of conscience is indispensable for human
beings who are subjected to negative influences and tempted by sin to prefer
their own judgment and to reject authoritative teachings.
1784 The education of the conscience is a lifelong
task. From the earliest years, it awakens the child to the knowledge and
practice of the interior law recognized by conscience. Prudent education
teaches virtue; it prevents or cures fear, selfishness and pride, resentment
arising from guilt, and feelings of complacency, born of human weakness and
faults. The education of the conscience guarantees freedom and engenders peace
of heart.
1785 In the formation of conscience the Word of God
is the light for our path, we must assimilate it in faith and prayer and put it
into practice. We must also examine our conscience before the Lord’s Cross. We
are assisted by the gifts of the Holy Spirit, aided by the witness or advice of
others and guided by the authoritative teaching of the Church.
1786 Faced with a moral choice, conscience can make
either a right judgment in accordance with reason and the divine law or, on the
contrary, an erroneous judgment that departs from them.
1787 Man is sometimes confronted by situations that
make moral judgments less assured and decision difficult. But he must always seriously
seek what is right and good and discern the will of God expressed in divine
law.
1788 To this purpose, man strives to interpret the
data of experience and the signs of the times assisted by the virtue of
prudence, by the advice of competent people, and by the help of the Holy Spirit
and his gifts.
1789 Some rules apply in every case:
· One may never do evil so that good may result from it;
· the Golden Rule: “Whatever you wish that men would do to you, do so to them.”
· charity always proceeds by way of respect for one’s neighbour and his conscience:
“Thus sinning against your brethren and wounding their conscience… you sin against Christ.” Therefore, “it is right not to… do anything that makes your brother stumble.”
1790 A human being must always obey the certain
judgment of his conscience. If he were deliberately to act against it, he would
condemn himself. Yet it can happen that moral conscience remains in ignorance
and makes erroneous judgments about acts to be performed or already committed.
1794 A good and pure conscience is enlightened by
true faith, for charity proceeds at the same time “from a pure heart and a good
conscience and sincere faith.”
The more a
correct conscience prevails, the more do persons, and groups turn aside from
blind choice and try to be guided by objective standards of moral conduct.
1795 “Conscience is man’s most secret core, and his
sanctuary. There he is alone with God whose voice echoes in his depths” (GS
16).
1796 Conscience is a judgment of reason by which
the human person recognizes the moral quality of a concrete act.
2311 Public authorities should make equitable
provision for those who for reasons of conscience refuse to bear arms; these
are nonetheless obliged to serve the human community in some other way.
2498 “Civil authorities have particular
responsibilities in this field because of the common good. … It is for the
civil authority . . . to defend and safeguard a true and just freedom of
information.” By promulgating laws and overseeing their application, public authorities
should ensure that “public morality and social progress are not gravely
endangered” through misuse of the media. Civil authorities should punish any
violation of the rights of individuals to their reputation and privacy. They
should give timely and reliable reports concerning the general good or respond
to the well-founded concerns of the people. Nothing can justify recourse to
disinformation for manipulating public opinion through the media. Interventions
by public authority should avoid injuring the freedom of individuals or groups.
2256 Citizens are obliged in conscience not to
follow the directives of civil authorities when they are contrary to the
demands of the moral order. “We must obey God rather than men” (Acts 5:29).
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Names of Group Members |
Preparation |
Presentation |
Application |
Speech |
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The following are
possible suggestions of what the teacher/peer may assess.
Preparation - research, organization
Presentation - vocal quality, confidence, gestures,
effectiveness
Application
of Knowledge - points made,
fielding of questions, justification of arguments
Speech - organization, logical sequence,
understandable, main issues addressed
CODE: 4
- Always; 3 - Most times; 2 - Sometimes; 1 - Rarely
Group Work
Student Name:
Group Name:
Date:
|
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Rarely |
Sometimes |
Most Times |
Always |
|
Was willing to
have ideas questioned |
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Showed respect for
the ideas of others |
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Stayed focused on
the task at hand |
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Participated in
planning by volunteering information or ideas |
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Accepted an equal
share of the workload |
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Could be counted
upon to complete the task assigned by the group |
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Modified views
when faced with new ideas, information, or evidence |
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Criteria |
Level 1 |
Level 2 |
Level 3 |
Level 4 |
|
Knowledge/
Understanding |
- demonstrates
limited understanding of the influence of an individual in changing the law |
- demonstrates
some understanding of the influence of an individual in changing the law |
- demonstrates
considerable understanding of the influence of an individual in changing the
law |
- demonstrates
thorough understanding of the influence of an individuals in changing the law |
|
Thinking/Inquiry |
- applies few of
the skills involved in an inquiry process |
- applies some of
the skills involved in an inquiry process |
- applies most of
the skills involved in an inquiry process |
- applies all or
most of the skills involved in an inquiry process |
|
Communication a) demonstrates an awareness of audience and
task b) communication of information and ideas |
- demonstrates a
limited awareness of audience and task - demonstrates
limited clarity of information and ideas |
- demonstrates
some awareness of audience and task - demonstrates
some clarity of ideas and information |
- demonstrates a
clear understanding of audience and task - demonstrates
considerable clarity of ideas and information |
- demonstrates a
clear understanding of audience and task - demonstrates a
high degree of clarity of ideas and information |
|
Communication |
- demonstrates
limited correct usage, structure, and grammar |
- demonstrates
moderately correct usage, structure, and grammar |
- demonstrates
considerably correct usage, structure, and grammar |
- demonstrates
thoroughly correct usage, structure, and grammar |
|
Application |
- makes limited
logical conclusions about the influence of an individual in changing the law |
- makes some
logical conclusions about the influence of an individual in changing the law |
- usually makes
logical conclusions about the influence of an individual in changing the law |
- always or almost
always makes logical conclusions about the influence of an individual in
changing the law |
Note: A student whose achievement level is below
Level 1 (50%) has not met the expectations for this assignment or activity.
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