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Name: _____________________________________________________________________________ Teacher: ____________________________________________________________________________

April 2013 Copyright Š 2013, Royal Fireworks Publishing Co., Inc. All rights reserved. Royal Fireworks Press First Avenue, PO Box 399 Unionville, NY 10988-0399 (845) 726-4444 fax: (845) 726-3824 email: mail@rfwp.com website: rfwp.com ISBN: 978-0-89824-731-2 Printed and bound in the United States of America using vegetable-based inks on acid-free, recycled paper and environmentally friendly cover coatings by the Royal Fireworks Printing Co. of Unionville, New York.


Table of Contents What Is a Problem Log?...................................................................................................................... 2 Notes ................................................................................................................................................... 3 Classroom Engagement Rubric............................................................................................................ 4 Problem Engagement

Case Notes................................................................................................................................. 5

Learning Issues Board................................................................................................................ 6

Reflective Moment: Encountering a Problem............................................................................ 7

Inquiry and Investigation

Evidentiary Packet Case Notes.................................................................................................. 8

Reflective Moment: Understanding More................................................................................. 9

Definitions of Precedent and Stare Decisis.............................................................................. 10

What Justices Think about Precedent and Stare Decisis......................................................... 11

To Be a Judge........................................................................................................................... 13

Links in the Chain from Plessy v. Ferguson to Brown v. Board of Education......................... 14

Reflective Moment: Seeing the Big Picture............................................................................. 15

First Amendment...................................................................................................................... 16

Research Notes......................................................................................................................... 17

Research Rubric....................................................................................................................... 19

Reflective Moment: Refined Understanding............................................................................ 20

Problem Definition

Reflective Moment: Getting Specific....................................................................................... 21

Problem Resolution

Court Case Precedents............................................................................................................. 22

Creating Continuity: Making a Chain of Ideas........................................................................ 27

Reflective Moment: Looking Back.......................................................................................... 28

T Chart..................................................................................................................................... 29

Tree Map.................................................................................................................................. 30

Thinking About It..................................................................................................................... 31

Reflective Moment: Refining Ideas......................................................................................... 33

Court Opinion.......................................................................................................................... 34

Opinion Scoring Guide............................................................................................................ 35

Presentation Rubric.................................................................................................................. 36

Reflective Moment: Choosing................................................................................................. 37

Problem Debriefing

Reflective Moment: Democracy through Problem Solving..................................................... 38

Classroom Engagement Rubric................................................................................................ 39


What Is a Problem Log? Detectives take notes, inventors keep journals, and scientists record data. Most people in the business of discovery have a way of keeping track of information and ideas. That’s one role this Problem Log plays. It gives you a place to record the information and ideas that you have about the problem you are about to solve. The log contains formal assignments, questions for you to ponder, and a place for you to scribble notes or capture a moment of inspiration before it gets away from you, which is very important! The log is also a way to keep track of the quality of your work. Naturally, your teacher will collect some of your entries and grade them; however, you don’t have to wait for the teacher to know how you are doing. The rubrics that teachers are encouraged to use for your grade are in this log, too. You will see that the grade actually isn’t as helpful as understanding the criteria that are used to assign the grade, since the criteria are based on the behaviors of good problem solvers. Learning these criteria will give you more control over your grades—you’ll know the path to success!

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Notes/Thoughts/Ideas/Inspirations about the Problem:

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 Problem Log

Classroom Engagement Rubric

At Standard

In Progress

Name:______________________________________ Date:_______________ Self-Rating:_______________ Teacher Rating:_______________

Exemplary

____ Work is original

____ A  nswers questions and participates when ____ Rarely participates in any way called upon; respects the views of others

____ A  sks questions to clarify instruction and information when needed

____ Work is good replica of teacher’s model

____ Does not ask questions when needed

____ Work lacks structure or organization

____ Turns in insufficient or incomplete work

____ A  sks questions to extend the discussion, and clarifies when needed

____ Does not use class time well

____ P  roduces timely, high-quality work; consciously meets or exceeds standards

____ C  onsistently offers point of view and is open to the views of others

____ Uses class time well; stays on task

____ T  ruancies, tardies, and/or absences are a problem; falls behind in work

____ Does not use language of discipline

____ U  ses class time well; uses classroom resources

____ I s consistently in class; catches up when absent

____ Disrupts class

____ U  ses language of discipline frequently and ____ Uses language of discipline when comfortably instructed

____ I s consistently in class; does not fall behind as a result of absences

____ Does not disrupt others in class

____ Takes useless notes or no notes

____ A  voids responsibility for work and grades

____ Helps others learn

____ Takes useful notes in class

____ D  oes not contribute to group work; whines and complains; sleeps in class

____ I s self-motivated—student takes an active, ____ Takes responsibility for work and grades inquisitive role in learning

____ Takes excellent notes in class

____ Is a positive, productive group member

____ C  ompletes work on time; meets standards established for assignments

For each row, check the descriptor that best matches your work or classroom behavior.

Dimension

Quality of Work

Class Participation

Group Work/ Behavior

____ Takes leadership role in group work

* Adapted from original design by William C. Stepien, St. Charles School District, St. Charles, IL

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 Problem Log Case Notes Directions: Use this space to list up to 10 facts that seem important to this case. Also make note of questions that come to mind as you read, especially information that seems to be missing from this account that would help you understand the case better. 1.

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 Problem Log

Hunches: What We Know

Learning Issues Board

Learning Issues

Plan of Action

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 Problem Log Reflective Moment: Encountering a Problem Briefly respond to one of the questions below. Place an x by the question answered. ____ The First Amendment of the Constitution guarantees American citizens the right to free speech. Why do you suppose the fi rst court did not agree with Benson? ____ In this problem, you are taking on the perspective of a judge. What do you think are the responsibilities of a judge as you protect the rights guaranteed to citizens in the Constitution?

A quality response: (1) addresses the question, (2) stays on topic, (3) is plausible or reasonable, and (4) gives enough detail to make your ideas clear.

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 Problem Log Evidentiary Packet Case Notes Directions: Use this space to list up to 10 facts that seem important to this case. Also make note of questions that come to mind as you read, especially information that seems to be missing from this account that would help you understand the case better. 1.

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 Problem Log Reflective Moment: Understanding More Briefly respond to one of the questions below. Place an x by the question answered. ____ List three new facts that changed the way you think about the case. How has your thinking changed? ____ List three new facts that validated the way you think about the case. What ideas have been validated with this evidence?

A quality response: (1) addresses the question, (2) stays on topic, (3) is plausible or reasonable, and (4) gives enough detail to make your ideas clear.

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 Problem Log

Definitions of Precedent and Stare Decisis Precedent Precedent is a legal term that comes from the Latin pre (before) and cedere (to go), so the word literally means “to go before.” Legally, a precedent is an interpretation of a law that then becomes an accepted standard.

Stare Decisis Latin: To stand by that which is decided. The principle that precedent decisions are to be followed by the courts. To abide or adhere to decided cases. It is a general maxim that when a point has been settled by decision, it forms a precedent which is not afterwards to be departed from. The doctrine of stare decisis is not always to be relied upon, for the courts find it necessary to overrule cases which have been hastily decided or contrary to principle. Many hundreds of such overruled cases may be found in the American and English books of reports. An appeal court’s panel is “bound by decisions of prior panels unless an en banc decision, Supreme Court decision, or subsequent legislation undermines those decisions” (United States v. Washington, 872 F.2d 874, 880 (9th Cir. 1989)). Although the doctrine of stare decisis does not prevent reexamining and, if need be, overruling prior decisions, “It is...a fundamental jurisprudential policy that prior applicable precedent usually must be followed even though the case, if considered anew, might be decided differently by the current justices. This policy... ‘is based on the assumption that certainty, predictability and stability in the law are the major objectives of the legal system; i.e., that parties should be able to regulate their conduct and enter into relationships with reasonable assurance of the governing rules of law’” (Moradi-Shalal v. Fireman’s Fund Ins. Companies (1988) 46 Cal.3d 287, 296). Accordingly, a party urging overruling a precedent faces a rightly onerous task, the difficulty of which is roughly proportional to a number of factors, including the age of the precedent, the nature and extent of public and private reliance on it, and its consistency or inconsistency with other related rules of law. (www.lectlaw.com/def2/s065.htm)

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