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IN THIS ISSUEWelcome ........................................................ 1

The Magna Carta ............................................ 1

Lesson Plan: Magna Carta ............................... 3

Public Service Videos ..................................... 4

Terrific Technology for Teachers ...................... 5

Dear Readers: NEW Law Wise Group ............. 5

Wanted: Law Wise Editor ............................... 6

LAW WISE

March 27-28, 2015 State High School Mock Trial Tournament

May 1, 2015 Law Day

May 14-16, 2015 National High School Mock Trial Tournament, Raleigh, North Carolina

June 15, 2015 800th anniversary of Magna Carta creation

Calendar of events

Greetings from the Kansas Bar Association (KBA). Welcome to this edition of Law Wise and the fifth edition of the 2014-2015 school year.

Editor: Kathryn A. Gardner, J.D., and Assistant Editor: Sarah MuehlerCoordinators: Hon. G. Joseph Pierron Jr.; Anne Woods & Ryan Purcell, Kansas Bar Association

WelComeThis edition of Law Wise helps you celebrate the 800th anniversary of

the Magna Carta, on which King John placed his seal on June 15 at Run-nymede alongside the River Thames. The Magna Carta has long been recognized by legal scholars as one of the founding documents of modern democracy and constitutional government.

MARCH 2015 • ISSUE 5PUBLISHED BY THE

the magna Carta The Magna Carta was the first constitutional text and one of the most

important documents on the path to democracy. The reason why the Magna Carta was so important in terms of the founding of the United States was that the Founding Fathers used many of the principles first codified in the Magna Carta. Many studied English Law and understood document’s part in guaranteeing basic rights and freedoms for the English. Up until its creation, monarchs ruled supreme. With the Magna Carta, the king, for the first time, was not allowed to be above the law. Instead, he had to respect the rule of law and not abuse his position as king.

Key Provisions of the magna CartaFollowing are some of the key items that were included in the Magna

Carta: • Habeas corpus or the right to due process, was first written down in the

Charter. It only allowed free men to be imprisoned and punished upon lawful judgment by a jury of their peers.

• Justice could not be sold, denied, or delayed. • Civil lawsuits did not have to be held in the king’s court. • The Common Council had to approve the amount of money that vas-

sals had to pay instead of having to serve in the military (called scutage) along with any aid that could be requested from them with only three exceptions, but in all cases the aid had to be reasonable. This basically meant that John could not longer tax without the agreement of his Council.

• If the king wanted to call the Common Council, he had to give the bar-ons, church officials, landowners, sheriffs, and bailiffs 40 days notice with a stated purpose for why it was being called.

• For commoners, all fines had to be reasonable so that their livelihood could not be taken away. Further, any offense that a commoner was said to have committed had to be sworn to by “good men from the neighborhood.”

• Bailiffs and constables could not appropriate possessions. Continued on next page

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• London and other cities were given the right to collect customs.

• The king would not be allowed to have a mercenary army. In feudalism, the barons were the army. If the king had his own army, he would have the power to do what he wanted against the barons.

• Inheritances were guaranteed to individuals with the amount of what today we would call inheritance tax being set in advance.

• As stated previously, the king himself was placed under the law of the land.

language of the magna CartaSelected excerpts from the Magna Carta follow.

1. In the first place we have granted to God, and by this our present charter confirmed for us and our heirs forever that the English Church shall be free, and shall have her rights entire, and her liberties inviolate; and we will that it be thus observed; which is apparent from this that the freedom of elections, which is reckoned most important and very essential to the English Church, we, of our pure and unconstrained will, did grant, and did by our charter confirm and did obtain the ratification of the same from our lord, Pope Innocent III, before the quarrel arose between us and our barons: and this we will observe, and our

will is that it be observed in good faith by our heirs forever. We have also granted to all freemen of our kingdom, for us and our heirs forever, all the underwritten liberties, to be had and held by them and their heirs, of us and our heirs forever.

38. No bailiff for the future shall, upon his own unsupported complaint, put anyone to his “law,” without credible witnesses brought for this purposes.

39. No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.

40. To no one will we sell, to no one will we refuse or delay, right or justice.

45. We will appoint as justices, constables, sheriffs, or bailiffs only such as know the law of the realm and mean to observe it well. n

Sources: http://abt.cm/1CrQLwC http://bit.ly/1Ndk0qB – Magna Carta English translation

Parchment replica of the Magna Carta of King John, AD 1215 www.istockphoto.com

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MARCH 2015 | LAW WISE 3

PurPose: Learners experience an opportunity to practice self-discipline, and they compare and contrast discipline and self-discipline.

duration:One class period

introduCtion:We will sell to no man, we will not deny or defer to any man

either justice or right. —Magna Carta (1225)

The “Great Charter” drawn up on the field at Runnymede on June 15, 1215, between King John and his feudal barons failed to resolve the crisis that had been brewing in England ever since the death of John’s brother, King Richard I. Over the long term, however, Magna Carta served to lay the foundation for the evolution of parliamentary government and subsequent declarations of rights in Great Britain and the United States. In attempting to establish checks on the king’s powers, this docu-ment asserted the right of “due process” of law. By the end of the 13th century, it provided the basis for the idea of a “higher law,” one that could not be altered either by executive man-date or legislative acts. This concept, embraced by the leaders of the American Revolution, is embedded in the supremacy clause of the U.S. Constitution and enforced by the Supreme Court.

guiding Questions: • In what respects did Magna Carta provide the justification

for American independence from Great Britain? • To what extent did the principles and provisions of the Great

Charter find expression in the U.S. Constitution?

learning objeCtives: On completion of this lesson, students should be able to:• Explain what is meant by the rule of law and why it is neces-

sary in a free and democratic society. • Explain what is meant by higher law and the relationship

between Magna Carta and the evolution of constitutional government.

• Describe the role of Magna Carta in shaping the thinking of American colonists and explain how this document was used to justify independence from Great Britain.

• Define the concept of due process of law, list the constitu-tional provisions that guarantee due process, and explain their importance in assuring a just society.

overvieW of aCtivities: This lesson is designed to show the evolution of fundamental concepts of liberty that had their beginnings in Magna Carta. These ideas not only shaped the institutions and political ideol-ogy of England, but they were also transplanted to the Ameri-can colonies where they were accepted, refined, and embed-

ded in the instruments of government as well as the thinking of the American people.

This lesson spans several centuries and two continents. Ac-tivity 1 focuses on the document itself and, therefore, deals exclusively with English history in the 13th century. This les-son provides abridged and unabridged annotated versions of Magna Carta.

In addition to providing background for the settlement of the English colonies in North America and the American Revolu-tion, this activity can also be used in courses focusing on Brit-ish history, the history of Western Europe, and world history.

Activity 1. Introduction to Magna CartaThis activity has three parts.

The language used in Magna Carta is difficult to understand. For that reason, the teacher should take an active role in help-ing students decipher the meaning of the “chapters” dealing with fundamental rights and liberties.

A. Students should read a brief description of Magna Car-ta available at Want to know the facts about Magna Carta? through the EDSITEment-reviewed website of The British A Portal.• The modern English translation available at The British Li-

brary is quite readable and includes helpful notes • Alternatively, teachers may wish to provide students with

the annotated version of Magna Carta, provided as a PDF.

Students do not need to understand all the details of the char-ter. Those dealing with the feudal relationships, for example, are of limited interest at this time. However, students should be able to identify provisions that relate to four key themes:• Rule of law • Fairness of the law • Due process of law • Economic rights

Student exercises and links are provided in a Student Launch-Pad and chart for locating provisions related to the four themes.

The teacher might begin by listing the four major themes on the board. He or she should then “walk” the students through the document, helping them as needed to recognize relevant passages. The outline, given below, can serve as a guide for the teacher in this process. If the teacher wishes to work from a detailed annotation, this can be found on the PDF, as noted above.• Rule of law

o Powers and privileges of the king are clearly defined and limited

o Charter provides for enforcement of restrictions placed on the king

• Fairness of the laws and their execution o “Reasonable” rules and regulations o Equal justice under the law

l e s s o n P l a n

m a g n a C a r t a Source: Grades: 9–12 (high school)http://1.usa.gov/1ECSwEp

Continued on next page

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4 LAW WISE | MARCH 2015

o Recognition of customs, traditions, and established rights o Restoration of property and fines if not justly taken

o Punishment in proportion to the crime• Commitment to “due process of law”

o Established procedures o No trial without evidence/testimony to support

accusations o Reliance on local courts and magistrates o Trials held in a timely manner o Trials open to the public o Trial by a jury of one’s peers

• Respect for economic rights o Right to property o Fairness in economic transactions—standard weights

and measures o Reimbursement for and/or restoration of property o Freedom for merchants to move in order to conduct

businessStudents do not need to find every relevant passage. The idea is to acquaint them with the document and to give them an opportunity to find evidence to support each of the four major themes.

Note: An abridged version of Magna Carta, with annota-tions, is also available as a PDF. This version focuses primar-ily on the provisions for due process of law.

B. Leave 15-20 minutes toward the end of the class to dis-cuss the major themes found in Magna Carta. The discussion should:• Clarify terms, such as rule of law and due process of law

(Please see the annotated version for discussions of these terms.)

• Focus on the importance of each of the four themes to indi-vidual rights and liberties

C. Conclude with a short explanation of Confirmatio Cartarum (1297) in which Edward I re-affirmed his commitment to Mag-na Carta. Refer the students to paragraph 2, which elevates the Great Charter to the status of “higher law” by declaring that all laws contrary to Magna Carta are null and void. This document can be found on the Internet Medieval Sourcebook.

D. An activity worksheet is available here: http://1.usa.gov/1CRWJsP n

Did you know that as a public service of the KBA, the follow-ing educational programs are available to you in DVD format at no charge? The Fourth Amendment DVD is a short, interac-tive tool designed to engage today’s students. The other three DVDs replicate portions of oral arguments to the U.S. Supreme Court in landmark cases.

THE FOURTH AMENDMENT RIGHTS OF STUDENTS IN PUBLIC SCHOOLS

This DVD is distinctively different than most teaching re-sources. This film was made by students, for students, about students. In this DVD, a student witnesses the theft of a teach-er’s laptop at school. What are the accused student’s search and seizure rights? What are the school’s options? Topeka stu-dents act out each part, bringing the Fourth Amendment to life in a realistic school setting. A set of teaching aids, including in-teractive class questions, will engage your class in a meaning-ful discussion about the Fourth Amendment. This resource can be used to help meet the Kansas civic-government standard.

Teacher materials included. Time: Approx. 9 minutes

BROWN v. BOARD OF EDUCATION OF TOPEKA: THE CASE OF THE CENTURY

In this landmark case, the U.S. Supreme Court declared ra-cial segregation of public schools to be unlawful under the Constitution of the United States. The Brown decision altered the daily lives of black and white Americans, laid a foundation of equal rights and opportunities for all, and shines as a beacon to all Americans and to the rest of the world, demonstrating

that the ideals in the Declaration of Independence and the te-nets of the U.S. Constitution will be universally applied to all citizens.

Teacher materials included. Time: 74:44 minutes

MIRANDA v. ARIZONAThis decision reversed an Arizona courts conviction of Ernes-

to Miranda on kidnapping and rape charges. The case made it all the way to the U.S. Supreme Court, where the conviction was overthrown. In a landmark ruling issued in 1966, the court established that the accused have the right to remain silent and that prosecutors may not use statements made by defendants while in police custody unless the police have advised them of their rights, commonly known as Miranda Rights.

Time: 41:25 minutes

NEW YORK TIMES v. SULLIVANIn the 1964 case of New York Times v. Sullivan, the U.S.

Supreme Court underlined the importance of a free, robust, in-quiring, and possibly critical press to the healthy functioning of a democratic society. The decision used the First Amendment of the U.S. Constitution to put tight limits on the ability of pub-lic officials to punish press critics through the use of libel suits.

Teacher materials included. Time: 42:40 minutes

To order any or all of these great resources, just fax your request to (785) 234-3813 or order them online at www.ksbar.org. n

PubliC serviCe videos@ The Law-ReLaTed CoLLeCTion, empoRia STaTe UniveRSiTy, TeaCheRS CoLLege ReSoURCe CenTeR

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MARCH 2015 | LAW WISE 5

Dear reaDers,

Law Wise is provided as a public service and is a publication funded by the KBA Law Related Education Committee through a grant from the Kansas Bar Foundation.

We are interested in your thoughts, ideas, and suggestions about current and future issues. In an effort to provide a format for subscribers to share information, we have created a new way to register and to receive Law Wise. If you do not currently receive Law Wise via your inbox but would like to, we need for you to let us know. Here are some simple instructions to do that.

How to SubscribeNonmembers: We now request you have a FREE Educator account.

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Click Continue.3. Create a password.4. You are now subscribed to Law Wise.

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FAQsWe have a list of FAQs available on the Law Wise webpage at http://www.ksbar.org/LWFAQ.

terrifiC teChnology for te aCher s

Here you can read a translation of the 1297 version of Mag-na Carta, look at the history of Magna Carta and the influ-ence it had on American constitutionalism, and can view a larger image of the Magna Carta.http://1.usa.gov/1DUWPzT

This has the Magna Carta translated into modern English, with annotations explaining the meaning of each paragraph.http://1.usa.gov/1BprFcV

This site contains the historic background of the Magna Carta and explains how during the American Revolution it served to inspire and justify action in liberty’s defense.http://1.usa.gov/1EOA6D1

The Kansas Bar Foundation, with Interest on Lawyers’ Trust Accounts funding, provides support for this publication. Law Wise provides general information about law-related matters of interest to teachers, students, and the public in Kansas, but does not provide any legal advice, so readers should consult their own lawyers for legal advice. For further information about any projects or articles, contact Kathryn Gardner, Topeka, (785) 338-5366; or Anne Woods, public services manager, (785) 234-5696. Law Wise is published by the Kansas Bar Association, 1200 SW Harrison St., Topeka, KS 66612-1806, during the school year.

Are you looking for an interesting and rewarding way to serve the cause of law-related educa-tion, network with fellow teachers, and supplement your income a little? If so, then this is the job for you. Law Wise is seeking an editor beginning with the 2015-2016 school year.

The person selected may be a teacher, an attorney, or other person committed to law-related education.

dUTieS inCLUde: • Writing the intro article

• Providing 2 lesson plans per issue • Providing links for the Terrific Technology section

The Kansas Bar Association staff will provide the layout/design and distribution. Law Wise is published in September, October, November, February, March and April. The working conditions are excellent and the job can be done from any location.

If you would like additional details contact Anne Woods, public services manager, at (785) 861-8838. Please email a letter of interest and resume by May 18 to awoods@ksbar.org.