Authored by: Betsy Fitzgerald, Erskine Academy
Grade Level: 9-12
Conflict
of Interest - Part II
Authored
by: Betsy Fitzgerald, Erskine Academy
Grade Level: 9-12
The MLR performance indicators listed below are for illustrative purposes. Depending on the focus of the lessons as developed by individual teachers, these indicators may or may not be addressed. Conversely this is not a definitive listing of all of the performance indicators which could be addressed in this lesson.
MLR - Secondary Grades: Social Studies: (Civics A - 1, 2); Language Arts: (Reading A - 1, 2, 11), (Information D - 1, 3, 5, 6), (Writing/Speaking E - 4), (Stylistic/ Rhetorical G - 5, 10, 11), (Research H - 1, 5, 7, 9, 10, 11); Visual and Performing Arts: (Creative Expression A - 1, 9), (Cultural Heritage B - 5), (Criticism C - 4)
As Supreme Court Justices, students will be presented with opposing briefs from two teams of attorneys. One team will represent the plaintiff and the other will represent the defendant - the issue is conflict of interest.
Students will work as three teams - one to prepare the plaintiff's position, one the defendant, and one the Justices.
Students will have sufficient time to prepare and provide a deposition or brief and copies for duplication and distribution.
Each team will have an equal amount of time to make oral arguments. Justices will have time to discuss amongst themselves the various points presented. Students should be able to observe. After the Justices reach a decision, closure should include a discussion that includes the entire group.
Their performance before the court and the disposition and/or briefs which were distributed.
Ethics from MMA's Legal Department's Information Packet
Title 30-A M.R.S.A. Sections 2604-2606; [Use the arrows to move through sections.]
State Law and Ethics, Maine Townsman, July 1990
Incompatible Offices, Maine Townsman, "Legal Notes," August, 1987
Ethics: More Than Just A Set of Rules, Maine Townsman, July 1990
Lesieur v. Inhabitants of Rumford Case law which establishes: "That standard is 'whether the town official by reason of his interest, is placed in a situation of temptation to serve his own personal pecuniary interest to the prejudice of the interests of those for whom the law authorized and required him to act.'" from State Law and Ethics linked above.
Supreme Judicial Court of Maine. Questions Propounded by the Governor on Jan. 16, 1975 (re: conflict of interest)
Samples Ethics Policy from the City of Bangor, Maine
Ethics Ordinance from the City of Auburn, Maine
Format for a court brief
Students will be evaluated on their contributions to the total performance and presentations before the Court.
Evaluation questions might include their own contributions, their assessment of other's contributions to the total, new knowledge acquired and a grade.