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Unit 5 Resources

The Individual, the Law,and the Internet

Chapter 15 Legal Rights and Responsibilities

Chapter 16 Civil and Criminal Law

Chapter 17 Citizenship and the Internet

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1 2 3 4 5 6 7 005 11 10 09 08 07

Photo Credits: page 13: www.emergencycommunities.org; page 25: Courtesy of the

University of Texas, Permian Basis, Dunagan Library, in the Archives/Special Collections

in the personal; page 29: United States District Court Northern District of Alabama;

page 47: AP Photo/Ric Field; page 51: Northwood Police Department; page 69 Courtesy:

IBM Research, Almaden Research Center. Unauthorized use not permitted.

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To the Teacher. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .v

Unit 5 Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1Citizenship and Decision-Making Activity 5 . . . . . . . . . . . . . . . . 3

Economics Activity 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Reading Skills Activity 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Speaking and Listening Skills Activity 5 . . . . . . . . . . . . . . . . . . 9

Enrichment Activity 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Primary Source Reading 5-A . . . . . . . . . . . . . . . . . . . . . . . . 15

Primary Source Reading 5-B . . . . . . . . . . . . . . . . . . . . . . . . 17

Chapter 15 Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19Content Vocabulary Activity 15 . . . . . . . . . . . . . . . . . . . . . . 21

Academic Vocabulary Activity 15 . . . . . . . . . . . . . . . . . . . . . 23

Biography Activity 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Writing Skills Activity 15 . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Critical Thinking Skills Activity 15. . . . . . . . . . . . . . . . . . . . . 29

Chart, Graph, and Map Skills Activity 15. . . . . . . . . . . . . . . . . 31

Differentiated Instruction Activity 15 . . . . . . . . . . . . . . . . . . . 33

School-to-Home Connection 15. . . . . . . . . . . . . . . . . . . . . . . 35

Reteaching Activity 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Chapter 15 Section Resources . . . . . . . . . . . . . . . . . . . . . . . . 38Guided Reading Activity 15-1 . . . . . . . . . . . . . . . . . . . . . . . 39

Guided Reading Activity 15-2 . . . . . . . . . . . . . . . . . . . . . . . 40
















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Answer Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

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Citizenship and Decision-Making Activities

These activities are designed to involve students in grassroots community projects that may have national or international implications. The service-learning projects help students understand how civic participation affects their lives on a daily basis.

Economics Activities

These interdisciplinary activities help students understand the influence of economics on the world around them. Students are familiarized with economic terms and principles as they apply to current situations and events.

Reading Skills Activities

These reinforcement activities correspond to the reading skill lessons presented in each unit of the student text. The worksheets emphasize identification of word meanings and provide visual and kinesthetic reinforcement of vocabulary words.

Speaking and Listening Skills Activities

These unit-level activities provide practical applications of oral or auditory English language conventions. Students are given instructions on various speaking and listening skills and asked to apply these skills to civics content. Examples of speaking and listening skills include organizing and summarizing information, delivering presentations, and reciting text.

Enrichment Activities

These activities extend concepts presented in each unit by encouraging students to conduct independent research and write materials such as presentations and essays. Each activity provides background information and a challenging activity, and allows students to gauge their progress through the use of project-specific self assessment checklists.

Primary Source Readings

These activities allow students to “see” civics concepts through the eyes of those who have influenced political ideas, worked in government, and lived through changes in civic participation. Each selection is preceded by an introduction and a guided reading suggestion and is followed by questions that allow students to analyze and interpret the material.

Content Vocabulary Activities

These review and reinforcement activities help students master unfamiliar content terms used in the student text. The worksheets emphasize identification of word meanings and provide visual and kinesthetic reinforcement of vocabulary words.

Academic Vocabulary Activities

Knowledge of academic words, combined with continued acquisition of general words, significantly boosts student comprehension of academic texts. These activities provide explicit instruction in word parts, word relationships, grammar, and other lexical information.

Unit ResourcesGlencoe’s Unit Resources are packed with activities for the varied needs of all

of your students. They include the following activities:

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Biography Activities

These biographic sketches of contemporary and historic figures expose students to a diversity of civics topics and to the real-world application of those topics. Questions emphasize the role of individuals in shaping government and politics.

Writing Skills Activities

These activities help students develop and practice writing skills. They are designed to help students not only increase their writing skills, but also enable them to apply, relate, interpret, analyze, compare, organize and write about civics facts and concepts.

Critical Thinking SkillsActivities

Critical thinking skills provide students with the tools to live and work confidently in an ever-changing world. These activities show students how to use information to make judgments, develop their own ideas, and apply what they have learned to new situations.

Chart, Graph, and Map Skills Activities

Students interpret and organize information in charts, graphs, and maps. These activities stimulate critical thinking abilities and help students learn visually.

Differentiated Instruction Activities

These activities provide an opportunity to address different types of classroom learners. Teaching strategies offer activities for these differentiated learning styles: English Language Learners, Gifted and Talented, Special Needs, Logical/Mathematical, Verbal/Linguistic, Kinesthetic, Interpersonal, and Intrapersonal.

School-to-Home Connection

These activities extend students’ classroom learning. Working with a partner at home, students confirm their comprehension of ideas from the text and identify Big Ideas.

Reteaching Activities

These activities allow students to reinforce their comprehension of key concepts presented in the text. Students use tools such as graphic organizers and matching lists to identify and organize information.

Guided Reading Activities

These activities aid students who are having difficulty comprehending the student textbook. Students answer a series of sequential questions designed to help them identify, organize, and understand key concepts from their reading.

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Unit 5 ResourcesThe Individual, the Law, and the Internet

Citizenship and Decision-Making Activity 5 Surfing Safety on the Internet 3

Economics Activity 5 Damage Awards 5

Reading Skills Activity 5Comparing and Contrasting 7

Speaking and Listening Skills Activity 5Organizing Information to Match Purpose and Audience 9

Enrichment Activity 5Citizenship and the Internet 13

Primary Source Reading 5-AFederal Indictment of Causey, Skilling, and Lay 15

Primary Source Reading 5-BMarc Rotenburg Congressional Testimony 17

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BackgroundMost people use the Internet

responsibly, but there are also those who use it for unlawful and sometimes dangerous practices. Smart Internet users are careful when they provide information on a Web site. Before they make a credit card purchase, they make sure the site has secure encryption. Wise Internet users do not provide personal information, such as names, addresses, and phone numbers, to strangers in a chat room or on a message board. By being careful, Internet users protect themselves. Some individuals want laws and rules enacted to make the Internet more secure.

Questions to Consider

Directions: Answer the questions below on a separate sheet of paper.

1. Listing Refer to your textbook. What are some ways that the government uses the Internet to reach and help citizens?

2. Specifying Refer to your textbook. What did the U.S. Supreme Court’s ruling related to the 1996 Communications Decency Act say about First Amendment rights and the Internet?

3. Listing Read the chart below. Provide an example of the type of institution or group that might use each domain.

There is some debate on the origin of the term spam. Some people believe it originated with a sketch by the British comedy group Monty Python. Others say that it is an acronym for Sales Promotional Advertising Mail. Maybe it is really an acronym for Silly, Pointless, Annoying Mail!

Your Task

Learn ways to protect yourself and others from different types of Internet crime.

CITIZENSHIP AND DECISION-MAKING ACTIVITY 5

Surfing Safety on the Internet

Every day, millions of people use the Internet to stay connected with friends

and family. They send e-mails, share files, write instant messages, and create

Weblogs about their lives and interests. Because the Internet has become a major

avenue for sharing information, some individuals believe that it should be put

under stricter regulation. Laws and regulations can affect every Internet user.

Why It Matters

Domain Names

Domain Type of Organization

.com businesses and commercial enterprises

.gov United States government agencies

.edu colleges and universities, educational institutions

.org noncommercial organizations

.net networks and Internet providers

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(continued)

How to Do It

1. Research several types of Internet crime issues, such as identity theft, phishing, fake investments, and others. Also find out about various personal safety issues concerning Internet use. Use the chart below to organize your information.

2. Research ways to avoid or prevent each of the types of Internet crime or fraud listed in the chart. Add this new information to the chart.

3. Use the information in your chart to create a set of “Internet Safety Flash cards” to help people recognize and avoid the different types of Internet crime. Each card should have the type of crime and a description of it on one side and tips on how to avoid or prevent that crime on the opposite side.

4. Create additional flash cards that describe ways in which Internet users can avoid predators and preserve privacy online.

5. Keep a set of flash cards by the computer you use most to remind you of ways to avoid Internet crime.

Follow-Up Activity

Work with a small group to plan a “Surf Safety” public service campaign for your school. Concentrate your efforts on safety issues that are most important to young people at your school. You may want to include posters, daily announcements, and fliers to share with other students.

Surfing Safety on the Internet

CITIZENSHIP AND DECISION-MAKING ACTIVITY 5

Internet Safety

Type of Crime Description of Crime How to Prevent Crime

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Civil law involves disputes between people or groups in which no criminal laws have been broken. Many civil lawsuits in the United States relate to claims of negligence (carelessness) or personal injury. These cases are filed when a person has been harmed or property has been damaged because someone has acted carelessly.

If the judge or jury in a civil trial rules in favor of the plaintiff, a remedy is set. This remedy typically takes the form of damages, a monetary reward to the plaintiff from the defendant. There are several kinds of damages. Compensatory damages cover the actual injury or economic loss, such as medical costs or car repair from an accident. If the judge or jury believes the defendant purposely harmed the plaintiff, additional punitive damages may be awarded. Punitive damages are intended to punish the wrongdoer.

Recently, people have begun to debate whether the government should limit the amount of punitive damages that can be awarded. Some people believe that these “punishment” awards are growing out of control. Others believe that awards must be high enough to force wealthy companies to act responsibly.

A government study showed that judges and juries award punitive damages in about 3 percent of cases won by plaintiffs. The median, or midpoint, punitive award was $38,000. About 17 percent of final awards exceeded $250,000. Approximately 6 percent were more than $1 million. People in favor of reform often point to “The Case of McDonald’s Hot Coffee” as an example of unreasonable punitive damages. Opponents interpret the case differently. Read about this case in the text box below.

Damage Awards

ECONOMICS ACTIVITY 5

Stella Liebeck, age 79, bought a cup of coffee from a McDonald’s drive-through. As she opened the lid to add cream and sugar, she spilled the coffee in her lap. The hot coffee caused severe burns to her legs and thighs. Her injuries required skin grafts and eight days in the hospital. Her medical bills totaled almost $11,000. The burns left her disabled for more than

two years. Liebeck sued McDonald’s.

Court testimony revealed that McDonald’s expected employees to sell coffee heated to 180 to 190 degrees. A scientist testified that coffee this hot could cause severe burns in less than three seconds. McDonald’s admitted at trial that it had known about the burn risk for more than 10 years. It had received at least 700 reports

from customers about burns from McDonald’s coffee; yet McDonald’s did not warn customers of the danger.

The court decided for Liebeck. It awarded her $160,000 for her medical costs and disability. In addition, the judge awarded her punitive damages of $480,000. Before appeals, the two sides settled on a final amount out of court.

The Case of McDonald’s Hot Coffee

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(continued)

Damage AwardsDirections: Answer the questions below in the space provided.

1. Restating What are compensatory damages?

2. Computing What was the amount of compensatory damages awarded in the McDonald’s case?

3. Paraphrasing What are punitive damages?

4. Calculating What was the total amount of compensatory damages awarded in the McDonald’s case?

5. Relating How does this amount compare with the median punitive award for civil cases?

6. Naming What individuals or groups would be likely to support placing limits on punitive damage awards?

7. Critical Thinking: Deciding Do you think the punitive damages awarded in the McDonald’s case were justified? Explain.

ECONOMICS ACTIVITY 5

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Comparing and Contrasting

Learning the Skill

Have you ever read about a recent event that reminded you of an event you learned about in history class? What did the two events have in common? In what ways were they different? When you ask yourself these kinds of questions, you are comparing and contrasting information.

When you compare two or more subjects, you explain how they are alike. When you contrast them, you explain how they are different. Comparing and contrasting people, places, events, or ideas can help you better understand how each is unique.

Use the following steps to help you compare and contrast while you read:

Ask yourself what is being compared or contrasted.

Look for words that signal a comparison or contrast in the text. Some comparison signal words are similarly, same, both, like, and still. Contrast signal words include some, others, different, however, while, yet, but, and or.

Determine general categories for comparing or contrasting.

Look for similarities and differences within those categories, and record them in a graphic organizer. For example, two people both may have been senators before they became president, although one may have been from Massachusetts and the other from California.

Practicing the Skill

Directions: One of the most useful tools for comparing and contrasting is a Venn diagram. Read the passage below about types of crimes. Then complete the Venn diagram on the next page to compare and contrast the types of crimes. It has been labeled for you. Note that the left and right sections show the two things being contrasted and that the middle section, labeled “Both,” compares the two things, or shows what they have in common.

Crimes are graded as either felonies or misdemeanors. Murder, rape, kidnapping, robbery, and other serious crimes are felonies because they have serious consequences for the criminal. Misdemeanors are offenses such as vandalism or stealing inexpensive items. Typically, misdemeanors are punishable with a fine or a jail sentence of less than one year.

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READING SKILLS ACTIVITY 5

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(continued)

Comparing and Contrasting

Applying the Skill

Directions: Read the excerpts below from Chapter 15 of your textbook about public law. Then, on a separate sheet of paper, create a Venn diagram to compare and contrast these types of law. Give your Venn diagram a title, be sure to label all three sections, and include at least one item in each.

READING SKILLS ACTIVITY 5

Constitutional Law Constitutional law involves rights guaranteed under the Constitution or spelled out in congressional legislation. A constitutional law case would occur, for example, if a defendant in a criminal matter argued that he was the victim of an unreasonable search and seizure in violation of the Eighth Amendment. Constitutional laws are the highest laws in the land; they dictate how the government works.

Administrative Law Another element of public law is administrative law, which includes all the rules and regulations that government agencies of the executive branch must issue to carry out their jobs. In an administrative law case, an individual might charge that an agency has acted wrongfully. For example, a plaintiff may claim that the Environmental Protection Agency acted contrary to the will of Congress in some of the regulations it issued on air pollution.

MisdemeanorsFelonies

Both

Felonies vs. Misdemeanors

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Organizing Information to Match Purpose and Audience

Learning the Skill

Think about the way you would talk about your day at school if you called a friend this evening. Next, think about how you would describe your day at school if you were calling an adult relative who lives in another part of the country. How would your presentation change? We often organize information in different ways, depending on purpose and audience. You can organize material to make it more formal, more humorous, or more informative.

The following techniques may prove useful when organizing information to match purpose and audience:

Clearly define your purpose for presenting the information. Do you want to inform, persuade, or entertain your audience? Establishing a clear purpose will help you tailor the information you present.

After you have defined your purpose, think about the organization that would best suit this purpose. Should the organization of your speech provide point-by-point instructions? Should it create suspense? Understanding how to organize your speech will help you as you begin to write.

Identify your audience. To whom will you be presenting the information? How familiar will your audience be with the topic you will discuss? Think about how you can present the information in a way that is easy for your audience to understand.

Adopt an appropriate tone for your purpose and audience. If you are making an important academic or business presentation, you will want to use formal language. On the other hand, if you are sharing a funny story with your friends, informal or humorous language would be appropriate.

Consider how the structure of the information will affect your audience. For instance, suppose you are tutoring a younger student about civics. Will charts, graphs, or other visual aids help that student understand the information more easily?


Listen carefully as your teacher or group leader reads the following speech about e-commerce. As you listen, consider how the information in the speech is organized to match its purpose and audience, and then answer the questions that follow.

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SPEAKING AND LISTENING SKILLS ACTIVITY 5

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(continued)

Organizing Information to Match Purpose and Audience

One of the most significant ways in which the Internet has changed people’s lives is through the growth of e-commerce. Consumers now spend billions of dollars each year on a wide variety of online goods and services.

The development of browser software for the World Wide Web in the early 1990s began a movement in which many companies sought to offer products to purchasers through the Internet. In addition to the existing business that began to sell their products online, new businesses devoted entirely to e-commerce also sprang up. By the late 1990s, e-commerce had expanded rapidly.

E-commerce is usually conducted with the use of customers’ credit cards. Customers enter their credit card account information on a company’s Web site, and the information is sent both to the credit card company and the company making the sale.

An increasingly important component of e-commerce is guaranteeing the security of these transactions. Commercial Web sites use encryption, or the encoding of important information, to protect customers’ personal information, and account numbers. Nevertheless, theft of these types of information remains a threat to e-commerce.

Today, e-commerce encompasses a wide range of activities. Not only can consumers purchase goods such as books, computers, music, and software, but they can also trade stocks, make hotel or airline reservations, conduct bank transactions, and buy or sell items in online auctions.

With the rapid changes that Internet shopping has brought to commerce, lawmakers have worked to regulate and control this developing area of business. Some lawmakers evaluated whether online businesses should be forced to collect sales tax from their customers. This difficult issue remains under consideration. Lawmakers have also worked to create a set of standards for making electronic signatures, contracts, and so on, legally binding. In 2000, the Electronic Signatures Act granted electronic signatures the same legal importance as traditional signatures on paper. This act allows customers to sign online important contracts and agreements, such as those necessary for a bank account or cellular phone plan.

In a relatively short time, e-commerce has already changed the way many people shop. People can now make purchases from businesses located a great distance from them with the click of a button. Many companies have begun to focus their attention on web-based commerce because the costs are lower than those associated with a traditional business. These lower costs also make it easier for entrepreneurs to establish new online businesses. Furthermore, decreased costs allow online businesses to pass on lower prices for goods to consumers. Consumers can also benefit from the ease of comparing the prices offered by various online vendors.


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Organizing Information to Match Purpose and AudienceDirections: Use the speech to answer the questions below in the space provided.

1. Identifying What do you think is the speaker’s purpose for giving this speech? Explain your answer.

2. Naming Who do you suppose is the intended audience of this speech? Explain your answer.

3. Describing How would you describe the tone used in this speech? Do you think the tone used is appropriate for the speaker’s purpose? Explain your answer.

4. Critical Thinking: Hypothesizing How might the tone of this speech change if it were to become a presentation delivered to a gathering of computer scientists?

SPEAKING AND LISTENING SKILLS ACTIVITY 5 (continued)

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(continued)

Organizing Information to Match Purpose and AudienceApplying the Skill

Directions: In the space below, adapt the information from the speech about e-commerce to create a new speech that will present the same information to a group of fourth graders. Consider your purpose and audience as you organize and prepare this new speech. At least one chart, graph, or visual aid should accompany your presentation. When you have finished, work with a partner to practice delivering your speech.


Performance Assessment Checklist

Assess your speech using the checklist below.

___ I took the core information from the text and made adjustments to match the new purpose and audience.

___ I used appropriate wording for a fourth-grade audience.

___ I explained key concepts effectively.

___ I used at least one chart, graph, or visual aid during my presentation.

___ I delivered my speech clearly and effectively to my partner.

Partners on this Web site include AmeriCorps, America’s Second Harvest, American Red Cross, Oxfam, and the United Way.

The page marked Donate also includes a Needs list. All proceeds from the Web

site Shop directly bene%t victims of major disasters.

The Mission Statement addresses the organization’s values and audience.

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Going Further with Citizenship and the Internet

The global nature of the Internet may best be seen in the outpouring of support for the victims of Hurricane Katrina in August 2005. That storm caused about $100 billion in damages, killed more than 1,300 people, and displaced thousands from their homes. The high winds and storm surges from Katrina weakened the New Orleans levee system, leaving about 80 percent of the city underwater.

Grassroots organizations multiplied on the Web to provide many different types of services to victims of the hurricane. Organizations worked to unite family members, solicit donations, connect lost pets with owners, restore the environment, and rebuild communities.

How might persons hoping to help Katrina victims identify official, legitimate Web sites? The first point to consider is whether the organization has a proven history of helping others. An organization’s history is often included on a Web site’s “About Us” page. Contact pages should include specific persons or offices to whom questions may be addressed. Finally, many reputable sites also include links to partners—other businesses and organizations that offer financial support. Generally, the more reputable the partners, the more reputable the grassroots organization.

Introduction to Citizenship and the Internet

Grassroots organizations provide an avenue through which ordinary citizens can become actively involved in effecting change. These organizations provide information about and raise awareness of social, health, or political issues. In recent years, the Internet has expanded the scope of most grassroots organizations from local to global. People can make a difference on national and international policies while sitting at their computers.

ENRICHMENT ACTIVITY 5

Citizenship and the Internet

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Mission Statements

The most important feature of a grassroots organization is its mission statement. Visitors to a Web site read a grassroots organization’s mission statement to determine whether it aligns with their values and their goals.

A mission statement inspires, motivates, and persuades. A well-written mission statement answers the following questions: What needs does the organization address? What will the organization do to address these needs? What beliefs or values guide the organization’s work?

For Investigation of Citizenship and the Internet

Brainstorm a new grassroots organization that you would like to start. Determine your organization’s purpose. Would you like to help those affected by a natural disaster? Would you like to raise awareness of a health or social issue? Write a mission statement for your organization. Then design a home page for it. Be sure that your home page includes the mission statement as well as all other pertinent information about your organization. Your Web site should include a list of partner organizations that have a related focus, an “About Us” section that includes your organization’s history, and contact information for individuals who wish to become involved.

(continued)ENRICHMENT ACTIVITY 5


Assess your mission statement and Web site using the checklist below.

___ I decided on the purpose and ideals of a grassroots organization I would like to start.

___ I wrote a mission statement for my organization that included the organization’s purpose, goals, and beliefs and values.

___ I designed a Web site for my organization incorporating my mission statement and useful, relevant information about my organization.

___ My Web site included sections for About Us, Contact Us, and Partners.

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Interpreting the Source

Once an extremely successful energy trading company, the Texas-based Enron Corporation imploded in 2001. The company filed for bankruptcy in December 2001 after investigations exposed questionable accounting practices that had allowed the company to show record profits in the 1990s. Thousands of Enron employees lost their jobs and most lost their once valuable retirement accounts when Enron’s stock fell from $84.87 to less than $1.00 in just 11 months. Enron executives Kenneth Lay and Jeffrey Skilling were accused of fraud and went to trial. Both were found

guilty on several counts from the following indictment.

Guided Reading

As you read, note how the indictment systematically explains the charges against the defendants.

PRINCIPAL CONSPIRATORS AND THEIR ROLES AT ENRON

5. As detailed below, defendants KENNETH L. LAY (“LAY”), JEFFREY K. SKILLING (“SKILLING”), and RICHARD A. CAUSEY (“CAUSEY”), and their conspirators, engaged in a wide-ranging scheme to deceive the investing public, including Enron’s shareholders, the SEC [Securities and Exchange Commission], and others (the “Victims”), about the true performance of Enron’s businesses by: (a) manipulating Enron’s publicly reported financial results; and (b) making public statements and representations about Enron’s financial performance and results that were false and misleading in that they did not fairly and accurately reflect Enron’s actual financial condition and performance, and they omitted to disclose facts necessary to make those statements and representations fair and accurate.

Defendants’ Profits as a Result of the Scheme

14. LAY, SKILLING, CAUSEY, and their conspirators enriched themselves as a result of the scheme through salary, bonuses, grants of stock and stock options, other profits, and prestige within their professions and communities.

OVERVIEW OF THE DEFENDANTS’ SCHEME TO DEFRAUD

18. . . . Due to the efforts of LAY, SKILLING, CAUSEY, and their conspirators, the financial appearance of Enron presented to the investing public concealed the true state of Enron.

Federal Indictment of Causey, Skilling, and Lay

PRIMARY SOURCE READING 5-A

manipulating: changing by unfair means to serve one’s own advantage

touting: praising extravagantly

magnitude: great size or extent

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19. The conspiracy’s objectives included: • reporting recurring earnings that falsely appeared to grow

smoothly by approximately 15 to 20 percent annually . . . • touting falsely the success of Enron’s business units; • concealing large losses, “write-downs,” and other negative

information concerning its business units; • masking the true magnitude of debt and other obligations

required to keep the company’s varied and often unsuccessful business ventures afloat;

• deceiving credit rating agencies in order to maintain an investment-grade credit rating; and

• artificially inflating the share price of Enron’s stock, including attempting to stem the decline of Enron’s share price in 2001.

Source: United States of America v. Richard A. Causey, Jeffrey K. Skilling, and Kenneth L. Lay.

United States District Court, Southern District of Texas, Houston Division. Superseding

Indictment, July 7, 2004.

Document-Based Questions

Directions: Answer the questions below on a separate sheet of paper.

1. Restating What does the indictment accuse Lay, Skilling, and Causey of doing?

2. Listing List three ways in which the indictment alleges that Lay, Skilling, and Causey profited from the scheme.

3. Enumerating According to the indictment, what were the objectives of the conspirators regarding Enron’s business units?

4. Critical Thinking: Formulate Questions Suppose that you were going to prosecute the case against Lay, Skilling, and Causey. Formulate a list of five questions that you might ask the defendants, given the information presented in this indictment.

PRIMARY SOURCE READING 5-A (continued)

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From the Prepared Testimony and Statement for the Record of Marc Rotenberg, President, EPIC (Electronic Privacy Information Center) Before the Committee on Financial Services, United States House of Representatives

Phishing involves three steps: setting up a web site to collect information, getting people to go to the site (usually via spam), and collecting the information. A phisher sets up a web site generally by copying the design of a login page for a bank or other trusted web site. This page is then set up on a free or fraudulently obtained web site, a hacked web site, or a hacked personal computer. Once it is operational, the phisher sends out emails that appear to be official notices asking users to visit the site and enter their financial information. When the information is submitted, the phisher stores it and uses it to commit fraud or theft. In some cases, phishers have even set up the site to check the validity of the information and prompt the user if it is not correct.

There are many victims of this kind of fraud in addition to the person whose financial information is used. A computer is hacked to host the web site, or someone else’s financial information is used to fraudulently pay for hosting, and hacked computers are often used

Interpreting the Source

The WHOIS database is a source for information about all registered Internet sites. Managed by ICANN (the Internet Corporation for Assigned Names and Numbers), this information is available to anyone with an Internet connection. Many people, including Marc Rotenberg, the president of EPIC (the Electronic Privacy Information Center) believed that this level of openness may endanger Internet privacy. In 2006, Rotenberg testified before a House subcommittee in hopes of persuading members that WHOIS would not be helpful to law enforcement in combating Internet phishing, or sending false information.

Guided Reading

As you read, note the way in which Rotenberg explains the process of phishing.

Marc Rotenberg Congressional Testimony

PRIMARY SOURCE READING 5-B

phishing: sending an e-mail falsely claiming to be from a legitimate business in order to get private information

spam: unsolicited e-mail sent to a large number of people

fraudulently: deceitfully

validity: correctness

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PRIMARY SOURCE READING 5-B

to send out the spam messages luring users to the site. Because of this setup, the identity of the actual phisher, who is often even outside of the United States, is hidden. Instead, only the hosting and spamming computers are known.

Once a hosting web site has been identified, WHOIS may be useful in shutting the site down. Because the phishing sites are usually short-lived, the spam announcements generally refer to them by IP address rather than domain name, so the WHOIS IP database is used to find the administrator for the network. That is, WHOIS is used as a technical means of finding the person who controls the hosting computer’s network access. In many cases, the WHOIS database of domain name registrants is not even used.

However, in finding the perpetrator himself, the WHOIS database may be less useful. Since the computers used to send the spam or host the fraudulent web site are often hacked, or the domain names registered under stolen account information, the results of a simple WHOIS search will not lead law enforcement to the fraudster.

Source: www.epic.org/privacy/whois/phishing_test.pdf

Document-Based Questions

Directions: Answer the questions below in the spaces provided.

1. Explaining According to Rotenberg’s testimony, how can phishers set up a Web site?

2. Describing Describe one way in which a person could become a victim of phishing.

3. Discussing Does Rotenberg believe that the WHOIS database will be helpful to law enforcement? Explain your answer.

4. Critical Thinking: Determining Cause and Effect What are some effects of phishing?

(continued)

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Chapter 15 ResourcesLegal Rights and Responsibilities

Content Vocabulary Activity 15Legal Rights and Responsibilities 21

Academic Vocabulary Activity 15Legal Rights and Responsibilities 23

Biography Activity 15Gustavo Garcia and Carlos Cadena 25

Writing Skills Activity 15Understanding and Clarifying Word Meanings 27

Critical Thinking Skills Activity 15Summarizing Information 29

Chart, Graph, and Map Skills Activity 15Using a T-Chart 31

Differentiated Instruction Activity 15Due Process of Law 33

School-to-Home Connection 15Legal Rights and Responsibilities 35

Reteaching Activity 15Legal Rights and Responsibilities 37

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Legal Rights and ResponsibilitiesDirections: Select one of the following Content Vocabulary terms or phrases and write it in the blank to complete each sentence below.

Section 1

1. A judge who must decide a new case may look at legal , or the

ruling of an earlier, similar case.

2. A(n) is a written act by the legislative branch of a government.

3. Law that is based on court decisions rather than legal code is .

Section 2

4. A civil case that goes before a court is called a(n) .

5. is the printing of false, damaging information about someone.

6. The party who brings legal charges against another is a(n) , and

the individual or group accused of a crime is known as a(n) .

7. A(n) is a crime that carries serious penalties, such as a long

prison term.

8. A civil wrong, or , may involve an injured person who is seeking

relief through damages.

9. A(n) is typically considered a lesser offense and carries a jail

sentence of less than a year.

10. is the unlawful entry into any dwelling or structure with the

intention to commit a crime.

CONTENT VOCABULARY ACTIVITY 15

common law precedent statute

plaintiff defendant felony

misdemeanor lawsuit tort

libel stare decisis habeas corpus

bill of attainder ex post facto law due process of law

search warrant double jeopardy grand jury

plea bargaining bail

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Legal Rights and Responsibilities

11. Taking away another person’s property with the intention of never returning it is

known as .

12. is the branch of law that deals with the formation, construction,

and interpretation of constitutions.

13. Taking property from someone using forceful threats is known as .

Section 3

14. states that the government may not take the lives, liberty, or

property of citizens except through proper exercise of law.

15. A(n) gives authorities permission to search private property.

16. A(n) examines serious accusations against a person charged with

a crime to determine whether enough evidence exists to bring that person to trial.

17. The process of includes following rules or principles established

by earlier judicial decisions.

18. A(n) is a law that punishes a person accused of a crime without

a trial or a fair hearing in court.

19. The Latin phrase means “produce the body.”

20. According to the principle of , a person who is tried for a crime

and found not guilty may not be retried for the same crime.

21. The negotiation that takes place between the defense attorney and the prosecutor so

that the defendant may plead guilty to a lesser charge is called .

22. allows a person to be punished for an action that was not

against the law when the person did it.

23. is a sum of money that an arrested person pays to a court

to be released from jail until the trial begins.

(continued)CONTENT VOCABULARY ACTIVITY 15

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Legal Rights and ResponsibilitiesAcademic Words in This Chapter

A. Word Meaning Activity: Identifying Synonyms and Antonyms

Directions: Determine whether the pairs of words or phrases below are synonyms or antonyms. Synonyms are words or phrases that have similar meanings, and antonyms are words with opposite meanings. Place an S in the blank if the words are synonyms and an A if they are antonyms.

_____ 1. potential—possible

_____ 2. resolving—disputing

_____ 3. tradition—custom

_____ 4. prohibition—acceptance

_____ 5. recover—lose

_____ 6. interpret—explain

_____ 7. factor—component

_____ 8. presume—suggest

ACADEMIC VOCABULARY ACTIVITY 15

potential prohibition factor

resolving recover presume

tradition interpret

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Legal Rights and ResponsibilitiesB. Word Family Activity: Word Chart

Directions: Fill in the chart below with the correct word forms. Remember that a noun is a word that names a person, place, thing, or idea. Examples include president, United States, army, and democracy. A verb is a word that describes an action, an experience, or a state of being. Examples include govern, attempt, and seem. Sometimes the noun and verb have the same form.

ACADEMIC VOCABULARY ACTIVITY 15 (continued)

Noun Verb

resolution 1.

prohibition 2.

3. interpret

factor 4.

presumption 5.

6. recover

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BIOGRAPHY ACTIVITY 15

Gustavo Garcia (1915–1964) and Carlos Cadena (1917–2001)

Weeks before the U.S. Supreme Court handed down its historic ruling in Brown v. Board of Education, the court unanimously ruled that Fourteenth Amendment protections extended to racial groups other than African Americans.

In 1950, a migrant cotton picker named Pete Hernandez was found guilty of murder in Texas. An all-white jury sentenced Hernandez to life in prison. That might have been the end of Hernandez’s story, if not for the intervention of Mexican American lawyers Gustavo Garcia and Carlos Cadena. These attorneys took the Hernandez case to the Supreme Court, where Hernandez v. Texas became a landmark civil rights judgment.

Hernandez was in good hands. Garcia was well-versed in civil rights law, serving as an attorney for the League of United Latin American Citizens (LULAC). He had worked to pass an antidiscrimination bill in Texas and had appeared before the State Board of Education asking for enforcement of desegregation laws. Cadena had graduated summa cum laude from the University of Texas School of Law, where he was selected for the prestigious Law Review. Garcia called him “the best brain of my generation.”

Not a Jury of His Peers

Garcia and Cadena built their case around the jury selection in their client’s trial. When Hernandez was tried in Jackson County, Texas, 14 percent of the county’s residents were Mexican American. However, no Mexican American citizens had served on any Jackson County jury in 25 years. The Fourteenth Amendment to the U.S. Constitution

promised citizens “equal protection” under the law. The state of Texas argued that the amendment applied only to the question of equality between white and African American citizens.

Garcia and Cadena appeared before the Supreme Court on January 11, 1954. It marked the first time Latino lawyers had argued a case before the court. Garcia and Cadena contended that although Mexican Americans were neither white nor African American, their rights should be protected by the Fourteenth Amendment. Garcia’s presentation was so compelling that Chief Justice Earl Warren allowed him an extra 16 minutes for his argument—an unheard-of event in the Supreme Court.

A Historic Precedent

In his decision, Justice Warren wrote that “it taxes our credulity to say that mere chance resulted in there being no

Gustavo Garcia

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Gustavo Garcia and Carlos Cadena

members of this class among the over 6,000 jurors called in the past 25 years. The result bespeaks discrimination.” The Supreme Court ruled unanimously in favor of Hernandez, and his conviction was overturned. Legal scholars have compared Hernandez v. Texas to Brown v. Board of Education in its impact. Over the last 50 years, Hernandez has been cited repeatedly as a precedent in many civil rights cases.

Garcia died in 1964, but Cadena’s career went on for many years. He was a law professor at St. Mary’s University and city attorney for San Antonio. He was appointed to the Texas Fourth Court of Appeals in 1965 and was later named chief justice of that court. He died in 2001.

Directions: Answer the questions below in the space provided.

1. Summarizing For what crime was Pete Hernandez convicted?

2. Reporting How did Garcia’s background prepare him for the Hernandez case?

3. Clarifying In what way were the juries in Jackson County, Texas, unusual?

4. Defining What did the Supreme Court determine in the Hernandez v. Texas case?

5. Critical Thinking: Inquiring Why might the absence of Mexican Americans on the jury have influenced the Hernandez case?

BIOGRAPHY ACTIVITY 15 (continued)

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Understanding and Clarifying Word MeaningsLearning the Skill

Many English words, especially legal and medical terms, are built from Latin roots and words. In a dictionary, information about a word’s origin often follows the word’s pronunciation and part of speech. Learning about the Latin origin of many English legal terms will help you understand the historical basis for American legal concepts, values, and beliefs.

Review the Latin origin for the following legal terms:


Directions: Consult a dictionary to complete the chart below.

WRITING SKILLS ACTIVITY 15

Legal Term Latin Origin English Meaning

double jeopardy from jocus partitus for having an even chance of winning or losing

double exposure to conviction or punishment

stare decisis to stand by things decided a policy of law that requires courts to abide by laws and precedents previously laid down that apply to a similar set of facts


bail

ex post facto

jury

writ of habeas corpus

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Understanding and Clarifying Word MeaningsApplying the Skill

Directions: In 1963, the Supreme Court ruled that courts must supply an attorney to all federal defendants who cannot afford one. Read the passage below from Gideon v. Wainwright. Use a dictionary to record the Latin origin as well as the English meaning for each boldface term. After you have completed the chart, write a sentence using each word on a separate sheet.

In delivering the opinion of the Court, Justice Hugo Black quoted from Justice George Sutherland in Powell v. Alabama:

“The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence.” 287 U.S., at 68–69.

WRITING SKILLS ACTIVITY 15 (continued)


counsel

indictment

evidence

convicted

inadmissible

innocence

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Summarizing Information

Learning the Skill

Summarizing information involves writing one or more paragraphs that restate the main idea and important supporting details of a text. A summary does not include minor details and is generally much shorter than the original text. When you summarize, state the author’s ideas in your own words. Use the following guidelines to help you summarize information:

As you read, identify the main idea of the text.

Decide which facts, ideas, dates, data, or other details are essential to understanding the main idea.

In your own words, write a short summary that includes the main idea and essential supporting details.


Directions: Analyze the information in the court document below. Write a summary of the information on a separate sheet of paper.

•

•

•

CRITICAL THINKING SKILLS ACTIVITY 15

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA

CENTRAL DIVISION

TAYLOR HICKS,

Plaintiff,

vs. CIVIL ACTION NUMBER:

WILLIAM SMITH PRODUCTIONS, INC.

d/b/a BALDWIN ENTERTAINMENT, INC.,

WILLIAM SMITH, individually

Defendants.

COMPLAINT

I. Parties, Jurisdiction and Venue

1. Plaintiff Taylor Hicks is over the age of (19) years and is a resident of

the State of Alabama.

2. Upon information and belief, Defendant William Smith Productions,

Inc. d/b/a Baldwin Entertainment, Inc. (“WSP”), is a foreign corporation with

its principal place of business located in Davidson County, Nashville, Tennessee.

3. Upon information and belief, Defendant William Smith (“Smith”) is

over the age of nineteen (19) years and is a resident of the State of Tennessee. . . .

5. The damages at issue exceed Seventy-Five Thousand Dollars

($75,000.00).

II. Factual Background

6. On July 24, 2006, undersigned counsel received correspondence from

William J. Smith of William Smith Productions, Inc. d/b/a Baldwin

Entertainment, Inc. (“WSP”), stating WSP’s intention to release and publish a

song written, copyrighted and owned by Plaintiff entitled “The Fall”. . . . “The

Fall” was written, recorded, copyrighted and published in 1997 by Plaintiff. WSP

and Smith have no ownership interest or legal right of any kind to release “The

)

)))))))

Fall” for profit without Plaintiff’s consent. Further, Mr. Smith did wrongfully

release “The Fall” and two other songs, “Son of a Carpenter” and “In Your

Time” to I-Tunes Music without the Plaintiff’s consent and in an effort to profit

from the songs, to which they have no rights.

7. Soon after learning of Mr. Smith’s intentions, Plaintiff obtained a

Temporary Restraining Order for “The Fall” and filed a motion for Preliminary

Injunction. . . . However, the Defendants made no effort to remove “The Fall” or

Plaintiff’s other songs from I-Tunes and upon information and belief, wrongfully

profited from sales of those songs.

8. On August 16, 2006, the parties entered into a Settlement, Release and

Confidentiality Agreement (“Agreement”) and the Injunction Proceeding was

Voluntarily Dismissed Without Prejudice by the Honorable Virginia Hopkins on

August 21, 2006.

9. Despite the agreement and subsequent dismissal, Mr. Smith sent

correspondence to undersigned counsel’s office indicating that he once again

planned to release “The Fall” to I-tunes. . . . This threatened course of action is in

direct violation of the “Agreement” and a conversion of the Plaintiff’s

intelluctual property. Further, it has been discovered the Defendants have again

had “Son of a Carpenter” and “In Your Time” placed on I-tunes.

10. In order to preserve Plaintiff’s rights and prevent him from suffering

irreparable harm, he seeks immediate injunctive relief to prevent the release

of “The Fall”, the removal of “Son of a Carpenter” and “In Your Time” from

any website or other release and an Order preventing Defendants, or any of

their employees, from making any further effort to release and profit from

these songs.

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Summarizing InformationApplying the Skill

Directions: Use the excerpt to answer the questions below. Circle the letter of the correct answer.

1. Which of the following would be least likely to be included in a summary of the court document?

A. the name of the plaintiff B. the name of the defendant C. the name of the music Web site D. the name of the judge

2. Which of the following is an accurate summary of the information provided about Taylor Hicks?

A. Hicks is an adult songwriter and recording artist who lives in Alabama.

B. Hicks wrote, recorded, copyrighted, and published “The Fall,” “Son of a Carpenter,” and “In Your Time” in 1997.

C. Hicks no longer has the legal right to profit from recordings he made in the past.

D. Hicks has been sued before.

3. Which of the following is an accurate summary of Paragraph 10 of the court document?

A. Hicks wants the court to keep Smith from releasing and profiting from Hicks’s songs.

B. Hicks wants the court to force Smith to pay him damages in excess of $75,000.

C. Hicks wants the court to throw out Smith’s lawsuit. D. Hicks wants the court to return his stolen recordings to him.

CRITICAL THINKING SKILLS ACTIVITY 15 (continued)

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Using a T-Chart

Learning the Skill

T-charts are used to organize information for the purpose of making a comparison. By arranging information in the T-chart’s two parallel columns, you can evaluate and compare the information listed. A well-organized T-chart can help you identify important similarities and differences between items.

The following techniques may prove helpful when using a T-chart:

Decide what subject your chart will cover.

Identify the items that you want to compare. Consider on which characteristics of these items your chart will focus.

List similarities and differences related to these characteristics in the columns of the chart.

When you have completed your chart, study the information you have recorded. Analyze the information, looking for relationships between the details you have listed.


Directions: Study the information in the T-chart below. When you have finished, answer the questions that follow on a separate sheet of paper.

•

•

•

•

CHART, GRAPH, AND MAP SKILLS ACTIVITY 15

Civil and Criminal Law

Civil Law Criminal Law

• Involves disputes between people or groups in which no criminal laws have been broken

• Cases are called lawsuits; lawsuits are legal actions in which a person or group has been wronged and sues to collect damages.

• Individual or group bringing the lawsuit is the plaintiff; person or group being sued is the defendant

• Includes situations such as contract disputes, plagiarism, negligence, and family law

• Involves cases in which a crime has allegedly been committed

• Criminal law calls for opposing lawyers to present their best cases, with the judge acting as an impartial facilitator.

• Government always acts as the plaintiff; individual accused of the crime is the defendant

• Crimes are identified as either felonies or misdemeanors; felonies are serious offenses, such as murder, kidnapping, and robbery; misdemeanors are less serious offenses, such as vandalism, and petty theft

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Using a T-Chart1. Describing What is the goal of a plaintiff in a civil trial?

2. Specifying Which type of law deals with questions of plagiarism?

3. Explaining Explain why a defendant in a civil case would not be charged with a felony.

4. Differentiating How do the participants in a civil trial differ from those in a criminal trial?

Applying the Skill

Directions: The T-chart below compares information about the rights and responsibilities of citizenship. Use information from the chapter to add at least four details to each side of the chart. When you have finished, answer the questions that follow on a separate sheet of paper.

1. Identifying What is one important right and one important responsibility of United States citizens?

2. Comparing According to your T-chart, how are rights and responsibilities of citizenship similar?

CHART, GRAPH, AND MAP SKILLS ACTIVITY 15 (continued)

Citizens’ Rights and Responsibilities

Rights Responsibilities

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Due Process of Law

The Constitution grants citizens certain rights. Several constitutional amendments grant rights to people accused of crimes, ensuring they are treated fairly. These amendments appear below.

Fifth Amendment

No person shall be held to answer for a capital . . . crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the [armed] forces . . . when in actual service in time of War . . . ; nor shall any person be subject for the same offence . . . twice . . . ; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law . . . .

Sixth Amendment

. . . [T]he accused shall enjoy the right to a speedy and public trial, by an impartial jury . . . , and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Fourteenth Amendment

Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Directions: Use the amendments and the information in your textbook to answer the questions below. Write your answers on a separate sheet of paper.

1. Identifying Which amendment gives the accused the right to have a lawyer?

2. Speculating According to the Fifth Amendment, may a person be tried for the same crime twice? Why do you think this is so?

3. Classifying What rights do these amendments give to any citizen accused of a crime?

DIFFERENTIATED INSTRUCTION ACTIVITY 15

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TEACHING STRATEGIES FOR DIFFERENT LEARNING STYLES

English Language LearnerOrganize students in pairs, and give each

pair one phrase or statement from the Fifth Amendment. Students should read and discuss the meaning of the statement or phrase. Provide assistance and guidance as needed. Ask students this question: What does the phrase say government has to do if someone is accused of a crime? Partners should teach the rest of the group the meaning of their statement or phrase. Use this passage: (1) No person shall be held to answer for a capital . . . crime, unless on a presentment or indictment of a grand jury, (2) . . . nor shall any person be subject for the same offense . . . twice . . . , (3) . . . nor shall be compelled in any criminal case to be a witness against himself, (4) . . . nor be deprived of life, liberty, or property, without the due process of law.

Gifted and TalentedHave students research the controversial issue

of holding “enemy combatants” without formal charges or trial at Guantanamo Bay. Students should also research the Supreme Court case Rasul v. Bush to gain additional insight into the controversy. Have students present their findings in a brief written report.

Special NeedsRead each amendment aloud with students,

pausing to discuss any misunderstandings or confusion. Have students create drawings that illustrate each amendment. Some amendments will have multiple drawings to illustrate the different aspects of the amendment.

Verbal/LinguisticAsk students to explain the meaning of the

phrase pleading the Fifth. Ask them to describe the different kinds of situations in which it may or may not be beneficial for a person to exercise this right.

Logical/MathematicalHave students create a Venn diagram to

compare and contrast the three amendments.

InterpersonalHave students work in small groups to plan

and act out scenarios depicting rights protected by the Fifth Amendment. For example, a group may act out a situation in which one student is accused of cheating on a test. Without consulting the student or doing an investigation, the principal expels the accused student. The group can have the class determine whether the student received due process of law.

IntrapersonalPose this question: Do illegal immigrants have

the same rights as American citizens under the Fifth and Fourteenth Amendments? Ask students to consider the question and to form an initial opinion. Then have them research the issue, including reading about the Supreme Court case Reno v. Flores. Have students write a journal entry expressing their opinion on the issue.

The following activities are ways in which the basic lesson can be modified to accommodate students’ different learning styles.

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Student’s answer:

Partner’s answer:

Partner’s answer:

Student’s answer:

SCHOOL-TO-HOME CONNECTION 15

Legal Rights and Responsibilities—What Do You Know? Directions: Ask each other the questions below to see how much you know about the history of laws and the American legal system.*

Student: What was the Code

of Hammurabi?

Partner: What type of law is based

on court decisions instead

of on written laws?

Student: If two countries were

involved in a dispute over

international law, where

would the case be decided?

Partner: What three rights are stated

in the Constitution’s Fifth

Amendment?

*With your student, find answers to these questions on pages 424–441 of the student textbook.

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Legal Rights and Responsibilities— Understanding the Big IdeasDirections: Use your textbook to answer the questions below. Write your answer on the space provided.

Section 1 Big Idea Throughout history, civilizations have developed systems of laws to meet their needs.

How does the system of laws in the state of Louisiana differ from the laws of the other 49 states?

Section 2 Big Idea The Constitution of the United States establishes and protects the citizens’ fundamental rights and liberties.

What is tort law?

Section 3 Big Idea The Constitution of the United States establishes and protects the citizens’ fundamental rights and liberties.

Why is the writ of habeas corpus important?

SCHOOL-TO-HOME CONNECTION 15 (continued)

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Legal Rights and ResponsibilitiesLegal systems help society function by making the rules that

everyone is expected to follow clear and by providing ways to address conflicts. In the United States, local, state, and national governments write laws, and the court systems interpret the law. Laws must be interpreted and applied according to the Constitution, which determines the powers of different branches of government and safeguards the rights of every American citizen. However, citizens’ rights come with responsibilities. In order for the law and the government to work, citizens must know the law, vote, and participate in society.

Directions: Filling in the Blanks In the spaces provided below, write the term that best completes each statement. You will not use all of the terms.

1. Laws set to deter potential criminals.

2. United States courts operate on a(n) system, in which lawyers

for opposing sides argue a case.

3. The first ten amendments to the Constitution are known as the .

4. covers cases involving divorce, child custody, and child support.

5. An alleged violation of the Eighth Amendment falls under .

6. is concerned with disputes between individuals and groups in

which no crime has been committed.

7. Laws in Louisiana are based on the .

8. The is the earliest known system of written law.

9. Serving on a(n) is an important civic responsibility.

10. A state must provide a(n) to any defendant who cannot afford one.

RETEACHING ACTIVITY 15

family law civil law Napoleonic Code Social Security

adversary criminal law lawyer Code of Hammurabi

libel constitutional law jury Bill of Rights

felony punishments Supreme Court

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Chapter 15 Section Resources

Guided Reading Activity 15-1 39



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There are different ways to read. Skimming is a way to preview material, such as looking over a test before you begin. Scanning is a type of reading in which you look quickly over the text for a specific main idea or term. In-depth reading is a way to read carefully to absorb new facts and ideas. As you read, practice each of these reading styles at different times.

Directions: Write an answer to each question below in the space provided. Use the information in your textbook to answer the questions.

1. Listing What are four things that laws do?

2. Describing What makes a law a good law?

3. Identifying What is the name of the first system of written laws?

4. Explaining How did Roman law spread around the world?

5. Explaining What effect did French emporer Napolean Bonaparte have on the Justinian Code?

6. Specifying What was the most important source of American law?

7. Defining What is the common law?

GUIDED READING ACTIVITY 15-1

Sources of Our Laws

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1. Identifying What are the three types of law?

2. Defining What is the adversary court system?

3. Contrasting In a court case, what is the difference between the plaintiff and the defendant?

4. Listing What are four examples of felonies?

5. Labeling What is a legal case called when it goes to court?

6. Explaining What situation is an example of tort law?

7. Identifying Which American fought against segregation: John Peter Zenger or Ida Wells-Barnett?

8. Specifying What are two types of public, or constitutional, law?

As you read, try to sort the information into categories. Into what broad categories would you group the information? What would go into each category? Use the headings in the text to categorize the information on the types of laws.

Types of Laws


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1. Defining What is an ex post facto law?

2. Specifying What do the Fifth and Fourteenth Amendments guarantee?

3. Identifying Central Issues Why do Americans need to fulfill their legal responsibilities?

4. Defining What is a search warrant?

5. Describing What is the purpose of a grand jury?

6. Labeling What is the term for the negotiation between a defense attorney and a prosecutor to reduce a defendant’s sentence?

7. Summarizing What did the Supreme Court determine in the case Furman v. Georgia?

8. Explaining Why might a judge deny bail?

This section covers many complicated concepts. As you read, write down words and phrases that you find difficult or unfamiliar. Then try to define these concepts. Review the text if necessary.


The American Legal System

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Chapter 16 ResourcesCivil and Criminal Law

Content Vocabulary Activity 16Civil and Criminal Law 43

Academic Vocabulary Activity 16Civil and Criminal Law 45

Biography Activity 16Leah Ward Sears 47

Writing Skills Activity 16Relating an Event 49

Critical Thinking Skills Activity 16Distinguishing Relevant from Irrelevant Information 51

Chart, Graph, and Map Skills Activity 16Interpreting a Diagram 53

Differentiated Instruction Activity 16Repeat Offenders 55

School-to-Home Connection 16Civil and Criminal Law 57

Reteaching Activity 16Civil and Criminal Law 59

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Directions: Reading from left to right, locate and circle the Content Vocabulary terms from your book.


C C F E R V D E A R R A I G N M E N T

E H Y P A R O L E V O N C E N S U S F

S U M M O N S P O L A R C E N Y N T O

J J U L I N E I T E P E N A L C O D E

U F E L O N Y U K H U N G J U R Y L I

S C O P R O S E C U T I O N R E P H K

T A P P O R T D I S C O V E R Y L E N

I C R O S S E X A M I N E A C E A P M

J U V E N I L E D E L I N Q U E N T N

S E T T L E M E N T A S Y S P O W L S

C R E R E H A B I L I T A T E F E N J

M A N D A T O R Y S E N T E N C I N G

U D E C R I M E A S A C Q U I T T A L

R U N I C A M E R A T E S T I M O N Y

T J U V E N I L E A L S Y S T E M D U

S L A C O M P L A I N T P O W E R S F

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Civil and Criminal LawAcademic Words in This Chapter

A. Word Meaning Activity: Synonyms

Directions: Read the underlined words below and the four words or phrases next to each one. Circle the word or phrase that is most similar in meaning to the underlined word as it is used in the chapter.

1. file: withdraw, submit, mess up, take out

2. retain: employ by paying, push out, keep in mind, hold against

3. respond: ignore, promise, reply, favor

4. function: way, purpose, assignment, result

5. confine: hold within limits, turn away, expand too far, fall apart

6. sufficient: short, enough, too much, not enough

7. emphasis: order, appearance, idea, stress

8. preliminary: coming before, final, coming after, lasting

9. equivalent: power, opposite, difference, likeness


file function emphasis

retain confined preliminary

respond sufficient equivalent

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Civil and Criminal LawB. Word Meaning Activity: Word Puzzle

Directions: Reading from left to right, locate and circle seven words or phrases that mean equivalent.


A I H T R R X A W V U I K J

H A V I N G T H E S A M E M

C O R R E S P O N D I N G E

K U G R T A K E Q U R E F O

R A L I K E N E S S N G E K

C I A Z O O O N E T O O N E

Y A M J A V E M O U S E D S

Q T A L I K E S U S B Y Y R

A Y S U G E J A D W O N U D

B E E J L R A E U U Z I G S

P U S A M E A S P U R E C A

O E Q U A L S A Y Z U N K Q

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Before her swearing-in ceremony, newly elected Chief Justice of the Georgia Supreme Court Leah Ward Sears spoke about her goals for the future. “People no longer understand what the judicial branch is all about,” she said. According to Sears, the court is nonpolitical. It is a judge’s duty to decide cases on the basis of evidence, not political considerations.

Sears’s tenure on the Georgia Supreme Court is historic for several reasons. When she was appointed to the Georgia Supreme Court in 1992, she was both the first woman and the youngest person to sit on that court. Later that year, she ran in an election to keep her appointed seat, and her victory made her Georgia’s first woman to win a competitive statewide election. When Sears was elected to the position of chief justice, she became the only African American female chief justice in the United States.

A Judicial Rising Star

The daughter of an Army colonel, Sears was born in Heidelberg, Germany. She graduated from Cornell University and Emory University School of Law. She also received her master’s of law from the University of Virginia School of Law.

Sears practiced at a private law firm before Mayor Andrew Young appointed her a judge in Atlanta’s Traffic Court in 1985. Three years later, she moved to Georgia’s Superior Court and served there until her supreme court appointment.

In her current role as a supreme court justice, Sears has highlighted the need to improve access of the poor to the courts, where they may need help with Social

Security or child support payments. She has noted that indigent people receive financial help to have their cases tried in federal court, but that they receive no money from the state for cases in Georgia’s jurisdiction.

Sears has observed that domestic problems make up 65 percent of Georgia’s civil cases and looks to reduce that statistic. Sears urges people to accept personal responsibility and work to resolve the underlying domestic issues that lead to these cases.

“The Neutral Branch”

Finally, Sears wants to help people understand the judiciary system. She emphasizes that courts should be removed from “political games.” Judges don’t need to “espouse a platform. We are not like the governor or the legislature. We are a separate, independent branch of government. We are the neutral branch.”

Leah Ward Sears (1955– )


Leah Ward Sears

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Leah Ward Sears

From her historic position, Sears promises to lead an independent court. As she was sworn into office at the Georgia Capitol, she called on her audience to “resist all temptation to intimidate judges or otherwise ask them to answer for all the hard decisions they are being required to make.”


1. Specifying In what way was Leah Ward Sears’s appointment as Chief Justice of the Georgia Supreme Court particularly significant?

2. Naming On which courts did Sears serve before her appointment to the Georgia Supreme Court?

3. Telling Why does Sears want to increase people’s access to the state judiciary system?

4. Describing In what way is the state judicial system different from the state legislature or governor?

5. Critical Thinking: Identifying Points of View Why do you think Leah Ward Sears has emphasized the need for courts to be independent and neutral?

(continued)

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Relating an Event

Learning the Skill

A narrative tells a story about, or gives an account of, an event. Whereas other types of writing may try to persuade the reader to agree with the writer’s opinions, a narrative should tell the story of the event in a clear, concise way and without bias. When you write a narrative, make sure that each paragraph focuses on one main idea. The main idea is usually expressed in the first sentence of the paragraph, but it may also appear in the middle or at the end. The main idea should be supported with well-chosen details.

Follow these steps to write paragraphs within your narrative:

Identify your main focus or idea.

Write a topic sentence.

Support this sentence by adding details that explain the main idea. Think about describing a person, a thing, or an event to illustrate a point.


Directions: Read the paragraph. Then, answer the questions that follow.

1. Ernesto Miranda was tired. 2. He was tired of the police officers hammering him with questions. 3. The clock on the wall ticked off 120 minutes. 4. He was done. 5. “I’m guilty of kidnapping and rape.” 6. The police officers were satisfied and so was the court. 7. The 23-year-old truck driver was eventually sentenced to 20 to 30 years in prison. 8. While in prison, Miranda missed the freedom of the open road. 9. Miranda never requested the aid of a lawyer, and no one ever suggested that the police treated Miranda unfairly. 10. Yet, this case would be appealed, and Miranda’s name would become familiar to every person arrested of a crime for years to come.

1. Which sentence contains the main idea of the narrative? Explain your answer.

•

•

•


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Relating an Event

2. Which sentence does not relate to the main idea of this paragraph? Explain your answer.

3. In what way does the writer provide details to support the main idea?

Applying the Skill

Directions: In your textbook, review what happens in a criminal case. For each prompt listed below, use what you read to write a few sentences that relate the events of a fictional court case.

Character description:

Arrest:

Hearing, Indictment, Arraignment:

Verdict and Sentencing:

(continued)

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Distinguishing Relevant from Irrelevant Information

Learning the Skill

When you distinguish relevant from irrelevant information, you make thoughtful decisions about which facts and details in a text are most important. Determining the main idea of a text and then distinguishing those facts that support it will help you determine which information is relevant and which information is not.

Use the following guidelines to help you distinguish relevant from irrelevant information:

Determine the topic or main idea of the text.

Read the text carefully, noting the facts and details it provides.

Ask yourself what the main purpose of the text is.

Think about which facts and details are relevant to the topic and to the purpose of the text.


Directions: Study the police report. Then answer the questions that follow.

•

•

•

•


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Distinguishing Relevant from Irrelevant Information

1. What is the main idea or topic of the police report?

2. What is the main purpose of the police report? Why was it written?

Applying the Skill

Directions: Use the police report to answer the questions below. Circle the letter of the correct answer.

1. Which detail from the police report is most relevant to its main purpose?

A. the name of the owner’s insurance company B. the dispatch information C. the description of the car D. the reporting officer’s name

2. Which detail from the police report provides evidence that the person who stole the car may be an experienced car thief?

A. The stolen car was insured. B. The keys were not in the car. C. The car was a 1989 Chevrolet. D. The police arrived in seven minutes.

3. Why is the fact that the stolen car had a full tank of gas relevant? A. It means that the thief stole the car for the gas. B. It means that the thief could have driven for a long time

without stopping. C. It means that the thief does not live nearby. D. It means that the thief had been following the car’s owner.

(continued)

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Interpreting a Diagram

Learning the Skill

Diagrams are drawings that use symbols and labels to explain complicated ideas. Diagrams show important information in an easy-to-read format. They provide visual clues to help readers recall the information more easily. Use the following steps to help you interpret diagrams:

Read the title of the diagram to identify the information it presents.

Read all of the labels and captions included in the diagram. Clarify what each item means.

Study the organization of the diagram. Consider whether the diagram shows a sequence of events, the steps of a process, or some other type of information. You may wish to summarize the information presented in the diagram for better understanding.


Directions: Read the information in the diagram below, and then answer the questions that follow on a separate sheet of paper.

1. Identifying What information does this diagram present?

2. Analyzing Visuals Does the process of discovery take place before or after a trial begins?

•

•

•


Pretrial

Plaintiff hires lawyer, files complaint.

Court sends summons to the defendant, directing him to appear in court.

Civil LawsuitDefendant may have

lawyer file an “answer” to complaint, known as

pleadings.

Lawyers check facts and gather evidence in

process of discovery.

Plaintiff may drop case, reach a settlement, or agree to arbitration.

Judge may hold pretrial conference to

clarify disputes and prepare for trial.

Verdict

If plaintiff wins, remedy is set. If defendant wins, plaintiff must pay court cost.

Trial

If no settlement is reached, case goes to trial.

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Interpreting a Diagram3. Summarizing Write a one- or two-sentence summary of the

information presented in the diagram.

Applying the Skill

Directions: In this diagram, the impact of the Supreme Court’s landmark ruling in Regents of the University of California v. Bakke is considered. Study the diagram and then answer the questions that follow on a separate sheet of paper.

1. Identifying What important issue is being considered in the court cases shown on the diagram?

2. Analyzing Visuals How is this diagram organized?

3. Identifying Which case rejected the idea that diversity was a legitimate goal for an educational environment? When was the case argued before the Supreme Court?

CHART, GRAPH, AND MAP SKILLS ACTIVITY 16 (continued)

Fullilove v. Klutznick

(1980) Small quotas are permissable when

seeking to remedy past discrimination.

Regents of the Univ. of Cal. v. Bakke

(1978) Stated race could be used as a factor in

admissions, but quotas could not.

Wygant v. Jackson Board of Ed.

(1986) Laying off non-minorities before

minorities is unconstitutional without

proof of past discrimination.

City of Richmond v. J.A. Croson Co.

(1989) Program that set aside 30% of funding for

minority-owned businesses was not justified by past

discrimination.

United States v. Paradise

(1987) Court-ordered quotas are acceptable if

issued in response to pervasive discrimination.

Hopwood v. Univ. of Texas

(1996) Supreme Court refused to hear case

rejecting idea from Bakke that diversity was legitimate goal for

educational environment.

Gratz v. Bollinger and Gruther v. Bollinger

Supreme Court upheld benefit of diversity in education and the use of race as a factor in admissions, rejected use of point system that

did not give individual consideration to applicants.

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Repeat OffendersRecidivism in criminal law is the tendency to relapse into

criminal behavior. Recidivism describes the rearrest or reconviction of a person who has already been arrested for or convicted of another crime. In June 2002, the United States Department of Justice published a study that examined recidivism among more than 270,000 criminal offenders released from correctional facilities in 15 states in 1994. The study found that nearly 68 percent of these individuals were rearrested within three years of their release. Additional results of the study are shown below.

Directions: Use the information shown above and the information in your textbook to answer the questions below. Write your answers on a separate sheet of paper.

1. Analyzing Visuals What difference do you see between the types of crimes that are more likely to result in recidivism and the types of crimes that have a lower rate of recidivism? What issues do you think might affect this difference?

2. Synthesizing Why do you think the U.S. Department of Justice studies recidivism?


67.5% of prisoners were rearrested for a new offense, 46.9% were reconvicted of a new crime, 25.4% were resentenced to prison for a

new crime, and 51.8% returned to prison.

Car Theft

Larceny

Burgla

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Perpetrators Most Likely to Be Rearrested

Dru

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Driv

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Sexual Ass

ault

Rape

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Perpetrators Least Likely to Be Rearrested

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English Language LearnerReview with students the concept of

recidivism. Have them look up in the dictionary any of the terms with which they may be unfamiliar, such as larceny, burglary, or homicide. In a class discussion, rewrite the definitions in familiar terms.

Gifted and TalentedHave students examine some current criminal

rehabilitation programs used in federal prisons today. Ask students to review secondary source materials that discuss the effectiveness of these programs. Have students consider a new idea or program that our prison system could implement in an attempt to reduce recidivism. Ask students to write a letter to the head of the United States Department of Justice describing the idea. Students should present evidence from their research in support of their idea along with an action plan to carry out their idea.

Special NeedsReview the definition of recidivism with

students. Then have students examine the graphs and consider the topic of recidivism. Then in pairs or small groups have them write six questions for which they wish to find answers to deepen their understanding. Students should make use of question starters such as who, what, when, where, why, and how.

Verbal/LinguisticHave students visit the U.S. Department of

Justice Web site and read the report entitled “Recidivism of Prisoners Released in 1994.” Tell students to write a news report summarizing the report’s key issues.

Logical/MathematicalThe report cited in the activity contains many

other statistics related to the issue of recidivism, including age, gender, and ethnicity of the persons studied. Have students research the report and add additional graphs of their own.

KinestheticAsk students to draw an editorial cartoon that

expresses an opinion on the issue of recidivism.

InterpersonalLead a class discussion on recidivism. Have

students brainstorm reasons that former inmates might commit another crime after release. Ask students to draw conclusions about the prison system from the statistics presented in the activity.

IntrapersonalAsk students to consider reasons that persons

convicted of crimes may be likely to repeat prior behavior and return to prison. Ask them to write a journal entry exploring their thoughts on the issue.

The following activities are ways in which the basic lesson can be modified to accommodate students’ different learning styles.

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Student’s answer:

Partner’s answer:

Partner’s answer:

Student’s answer:

Civil and Criminal Law—What Do You Know?

Directions: Ask each other the questions below to see how much you know about civil, criminal, and juvenile courts.*


Student: What is the first step taken

in a civil lawsuit?

Student: What is mandatory sentencing?

Partner: What role does the

government play in

a criminal law case?

Partner: What two types of cases are

handled by juvenile courts?


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Civil and Criminal Law—Understanding the Big IdeasDirections: Use your textbook to answer the questions below. Write your answer on the space provided.

Section 1 Big Idea The judicial branch of government is charged with interpreting the law.

What is the difference between mediation and arbitration in civil lawsuits?

Section 2 Big Idea The Constitution of the United States establishes and protects the individual’s fundamental rights and liberties.

List the three types of felonies and give a brief example of each.

Section 3 Big Idea The Constitution of the United States establishes and protects the individual’s fundamental rights and liberties.

List two important ways in which the court procedure is different for juveniles than for adults.


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Our legal system has various procedures for enforcing different kinds of laws. Representatives of the government initiate some legal actions to protect society as a whole. Citizens must initiate other actions to defend their own interests. Each part of the legal system is designed to maintain order and protect the rights of citizens.

Directions: Creating a Web Diagram Write the letter of each phrase below in the appropriate circle. Some letters may be used twice.

A. Deals with negligence cases B. Involves individuals who are not yet adults C. Makes use of prisons D. Emphasizes rehabilitation rather than punishment E. Resolves larceny cases F. Resolves personal injury cases G. Resolves breach-of-contract cases H. Makes use of reformatories I. Denies the accused the right to a jury trial J. Addresses breaches of a state’s penal code


Civil Law

Criminal Law Juvenile Law

Our Laws

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This section contains an explanation of the events in a lawsuit. As you read, write the headings to help you sequence the steps in the civil suit process.


1. Explaining Why does someone file a civil suit?

2. Specifying What is the first step in a lawsuit?

3. Describing What occurs during the discovery process in a lawsuit?

4. Explaining What is the usual result of a settlement?

5. Summarizing What happens during mediation?

6. Stating What is the goal of the plaintiff during the trial?

7. Explaining What occurs after the lawsuit if the defendant wins?

Civil Cases

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1. Defining What is the penal code?

2. Explaining What are four functions of criminal penalties?

3. Specifying For what reason do some people criticize mandatory sentencing?

4. Describing What happens when a person is booked?

5. Stating What are three pleas a defendant can make at an arraignment?

6. Identifying What process do lawyers use to make a witness’s testimony seem unreliable or untrue?

7. Explaining What happens if a jury cannot decide on a verdict?

Are you confused by any part of a section? If so, reread the section and draw diagrams or take notes to help you. Then ask your teacher to explain information or ideas that you still find difficult to understand.


Criminal Cases

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Young People and the Courts

Take notes while reading. After you finish a section, check your notes to make sure that they adequately record the section content.


1. Labeling What is the term for young people who commit crimes?

2. Identifying Central Issues What is the primary goal of juvenile courts?

3. Specifying What are the two types of cases that juvenile courts handle?

4. Describing What happens to a juvenile who is diverted from the court system?

5. Paraphrasing How does the court system protect juveniles?

6. Explaining What happens when a juvenile successfully completes probation?

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Chapter 17 ResourcesCitizenship and the Internet

Content Vocabulary Activity 17Citizenship and the Internet 65

Academic Vocabulary Activity 17Citizenship and the Internet 67

Biography Activity 17Mark Dean 69

Writing Skills Activity 17Employing Descriptive Strategies 71

Critical Thinking Skills Activity 17Drawing Conclusions 73

Chart, Graph, and Map Skills Activity 17Interpreting a Line Graph 75

Differentiated Instruction Activity 17Citizenship and the Internet 77

School-to-Home Connection 17Citizenship and the Internet 79

Reteaching Activity 17Citizenship and the Internet 81

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Citizenship and the InternetDirections: Complete the paragraphs below by filling in the blanks with the correct Content Vocabulary term from the word list.

Section 1

The is a mass communication system that allows

people to be in contact with individuals around the world. Within

the Internet is the , which lets users view

hyperlinked documents and information on other computers. A(n)

is a page on the World Wide Web that actually

shows text, images, audio, and video. The Internet has become

an important tool in many ways. The federal government,

newspapers, and other sources of information usually have Web

pages displaying information. Many of these store older articles or

documents in their . Information may also be

found on the Internet through a(n) , or Internet

discussion forum. These groups provide a place for people to share

ideas with others who may have similar goals and interests.

However, virtually anyone can have a Web site. Although some

political sites claim to be , or free from political

affiliation, they may still promote a certain political view or

agenda.


Internet World Wide Web Web site archives

nonpartisan news group authoritarian dissident

extremist group propaganda intellectual property copyright

revenue

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Section 2

Although the World Wide Web and Internet are useful tools, some

people have abused them. groups, or those that

include people who disagree with the established political or religious

system, and some organizations, such as hate

groups or groups with ideas and actions that are farthest from the

political center, often have their own Web sites. Both of these types

of groups use , or the spreading of certain ideas,

information, or rumors in order to further a cause. Some

governments, or those that have one leader or

group of people who hold absolute power, have shut down such Web

sites. Such governments usually have strict controls over published

information, especially when it goes against government policies.

Section 3

The popularity of the Internet and World Wide Web has raised issues

about free speech. Although its creator has the right to control, publish,

and sell an original work, a(n) on a Web site does

not always prevent the theft of . The federal

government continues to try to resolve this issue and others, such as

taxing purchases that are made over the Internet. Many states charge

consumers a sales tax on store purchases. However, with the Internet,

consumers can often order and pay for items online and avoid paying

local sales tax. Taxes are money that people pay to the government.

Without taxes, the government loses a significant amount of income, or

.

CONTENT VOCABULARY ACTIVITY 17 (continued)

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Citizenship and the InternetAcademic Words in This Chapter

A. Word Meaning Activity: Identifying Synonyms and Antonyms

Directions: Determine whether the pairs of words or phrases below are synonyms or antonyms. Synonyms are words that have similar meanings, and antonyms are words with opposite meanings. Place an S in the blank if the words are synonyms and an A if they are antonyms.

_____ 1. network—separate

_____ 2. interact—act apart

_____ 3. version—form

_____ 4. contrary—the same as

_____ 5. isolate—set apart

_____ 6. enable—forbid

_____ 7. nonetheless—nevertheless

_____ 8. erode—build up


network contrary nonetheless

interact isolate erode

version enable

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Citizenship and the InternetB. Word Usage Activity: Using Academic Terms

Directions: Use a form of the academic terms listed on the previous page to replace the common terms underlined in the lines below.

1. The Internet allows people to spread ideas that are in opposition to democracy.

2. Because the Internet has created a connected group of computers and databases,

people can communicate with others around the world.

3. Anyone can put up a Web site, which means that you may find a different form of

something with which you are already familiar.

4. Creators of Web sites can copyright a site’s content; however, there is no guarantee

that people will not copy that content without permission.

5. The World Wide Web and the Internet allow users to act together with information

that is on other computers.

6. Before the Internet was widely used, information exchanged between people did not

travel as quickly as it does today because some people were more removed from

news sources.

7. The Internet can allow people with common interests and ideas to connect more

easily.

8. Without certain rules and restrictions, the Internet might slowly destroy the federal

government’s ability to protect intellectual property.


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Most people have never met the engineer Mark Dean, but anyone who has operated a personal computer has worked with one of Dean’s many inventions. After overcoming many challenges in his childhood and early career, including discrimination, Dean wants kids today to know that “you can be whatever you want to be. There may be obstacles, but there are no limits.”

Dean’s interest in engineering developed early. As a child in Jefferson City, Tennessee, he and his father built a tractor from scratch. A student of electrical engineering, Dean graduated at the top of his class at the University of Tennessee and earned a PhD from Stanford University. He has more than 40 patents in his name. But Dean remembers facing discrimination as a child because of his race. “That was the problem—the assumption about what blacks could do was tilted,” he later said.

A Very “Interesting Thing”!

Dean holds three of the original nine personal computer patents. Although he developed the personal computer, Dean says that he had no idea how it would change the way people worked. “We didn’t have a clue,” he said. “The PC was just an interesting thing we did. . . . We just had hopes we would sell enough to justify the project.”

In his 25-year career at International Business Machines (IBM), Dean has developed many types of advanced technologies. For example, he built the first gigaherz chip, which could perform a billion calculations each second. Dean’s invention of the computer “bus,” which allows keyboards and printers to be connected to a computer motherboard,

earned his entry into the National Inventors Hall of Fame.

The Idea Man

Now a Vice President of Systems at IBM, Dean’s accomplishments have been recognized in many ways. He is an IBM Fellow, one of only 50 of IBM’s 300,000 employees to be so recognized. He has been named Black Engineer of the Year and has been inducted into the National Academy of Engineering.

As one of IBM’s “idea men,” Dean independently develops pet projects, such as the “electronic tablet.” Dean predicts that this tablet, the size of a magazine, could download any electronic text, provide Internet access, and act as a wireless telephone. In addition, it could be activated by a user’s voice and would recognize handwriting. Most importantly, the “electronic tablet” would be inexpensive. Schools would be able to issue to students the tablets instead of books.

Mark Dean (1957– )


Mark Dean

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Mark Dean

The invention of the “electronic tablet” could make Dean’s earlier invention, the personal computer, obsolete, but Dean says he doesn’t mind. “I hope that it won’t be too long before you can go to a museum and see a PC.”


1. Explaining What technology did Mark Dean help invent?

2. Expressing Why did Dean face discrimination as a child?

3. Illustrating What does Dean’s gigaherz chip allow a computer to do?

4. Labeling What invention does Dean want to replace the personal computer?

5. Critical Thinking: Predicting How could the invention of an “electronic tablet” change the way people work?

(continued)

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Employing Descriptive StrategiesLearning the Skill

Which of the following descriptions regarding the Digital Millennium Copyright Act grabs your attention?

1. In October of 1998, President Clinton signed the Digital Millennium Copyright Act.

2. “Wow, this new software is fantastic! I wish I had the money to buy it for my computer,” said Dave.“No, problem, man. I’ll just make you a copy.”A person makes a copy of software for a friend. This exchange seems innocent enough. However, their actions actually violate the Digital Millennium Copyright Act.

When writing an essay that states your position on a given topic, it is often effective to include descriptive anecdotes. Such anecdotes provide readers with verbal pictures of the people and events that are affected by the issue. Descriptions hold and deepen the reader’s interest in your essay.

Follow these steps to use description effectively in your writing:

Determine which descriptive details will enhance your essay.

Decide how you will present this information. Will you include sensory details? Will you illustrate a point through dialogue? Will you include people’s actions or thoughts?

Make creative language choices. Writing that someone is fatigued or worn-out conveys more information to your reader than saying that someone is tired.


Directions: Find the word in Column 2 that presents a more descriptive picture of the word in Column 1. Write the letter of that word next to the number in Column 1.

Column 1 Column 2

_____ 1. dry A. joyful

_____ 2. eager B. scampered

_____ 3. walked C. parched

_____ 4. happy D. trudged

_____ 5. ran E. enthusiastic

•

•

•


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Employing Descriptive StrategiesApplying the Skill

Directions: Research the provisions of the Digital Millennium Copyright Act as well as the arguments of supporters and critics. Based on this research, write a short essay stating whether you oppose or support the act. Include at least one descriptive anecdote in your essay.



Assess your essay using the checklist below.

___ I researched the details of the Digital Millennium Copyright Act and arguments supporting and criticizing it.

___ Based on my research, I decided whether I supported or opposed the act.

___ I wrote a brief essay giving my viewpoint.

___ My essay included at least one descriptive anecdote.

___ My anecdote effectively included descriptive details and used creative language.

(continued)

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Drawing Conclusions

Learning the Skill

Drawing conclusions involves looking beyond what the text directly says. Drawing conclusions can help you understand the deeper meaning of a text and how it relates to other events and ideas.

Use the following guidelines to help you draw conclusions:

Identify important facts and ideas that the text states directly.

Think about what facts and ideas the text implies, hints at, or points to. When you do this, you are drawing conclusions.

Use logic and common sense to test your conclusions.


Directions: Read the excerpt below from the Web site for Stanford University’s ARTSPAN student interest group. Then answer the questions that follow.

Who We Are: The purpose of ARTSPAN at Stanford University is to provide a free visual arts education for underprivileged children and developmentally challenged children. These children are often overlooked and/or marginalized by mainstream society, and many times are not given the same opportunities as mainstream children, either because they cannot afford an art education or their schools no longer have the resources to offer art as a part of their curriculum.

Often, it is underprivileged and developmentally challenged children who need the means to express themselves most. ARTSPAN hopes that by supporting children’s self-expression and nurturing individual creativity through the arts, our participants will develop positive attitudes and self-esteem, as well as bright futures.

Our Art Classes: Class ratio is approximately 20 students: 4 volunteers, and each program is headed by a coordinator. Such classes may be divided according to grade groups, depending on the facilities and number of students interested in the art classes. Our Achieve program however is much more individualized, therefore class sessions are one-on-one.

Our Students: ARTSPAN students are primarily those overlooked by mainstream society (underprivileged and/or developmentally challenged) or those in need of financial aid. However, we will not turn away any interested student.

Our art classes offer a broad visual arts experience that also incorporates art history, multicultural education, and performing arts in

•

•

•


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the lessons and projects. We teach activities ranging from painting, sculpture, and photography to Halloween paper masks, bead necklaces, and Popsicle stick houses. ARTSPAN instruction will in no way conflict with the children’s schoolwork, as all artwork will be done during class.

Each week, ARTSPAN focuses on an activity, such as “Nature Drawing Workshops” or “Clay Work.” Holiday projects will also be planned at the appropriate times.

1. Draw conclusions from the information on the Web page to describe the people who started ARTSPAN and teach its classes.

2. Why might ARTSPAN teach topics such as art history, multiculturalism, and the performing arts?

Applying the Skill

Directions: Use the excerpt to answer the questions below. Circle the letter of the correct answer.

1. According to the Web page, which of the following belongs to the core group of children that ARTSPAN exists to serve?

A. children of migrant workers B. children of Stanford students C. children of Stanford professors D. children who have exceptional talent as an artist

2. Based on information on the Web page, what conclusion can you draw about public schools in the communities surrounding Stanford University?

A. Some schools offer a poor education. B. Some schools do not accept poor students. C. Some schools do not offer art classes. D. Some schools are overcrowded.

3. Based on information on the Web page, what do the members of ARTSPAN most likely do, in addition to teaching art to children?

A. teach children to swim B. tutor children in math C. provide financial aid for students D. raise money to buy art supplies

CRITICAL THINKING SKILLS ACTIVITY 17 (continued)

20061998 2000 200420020

2,500

1,000

500

1,500

2,000

Do

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Year

Federal Subsidiesfor Telecommunicationsin K–12 Public Schools

20061998 2000 200420020

200

80

40

120

160

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Year

Federal Subsidiesfor Telecommunications

in Public Libraries

75

Copyright© by The McGraw-Hill Companies, Inc.

Name Class Date

Interpreting a Line Graph

Learning the Skill

Line graphs can show how numeric values change over time. The values measured on a line graph are plotted on a grid and connected by a line. A line graph can easily show whether an amount has increased or decreased over time. To read a line graph, follow these steps:

Read the title of the graph to determine what information is being presented.

Note the information on the vertical axis. The information being compared usually appears on this axis.

Note the information along the horizontal axis. Time (in years, months, or days, for example) often appears along this axis.

Read the line in the graph from left to right. As you do, pay attention to the information shown. Analyze the movement of the line. If the graph includes more than one line, compare the lines to determine the point being made.


Directions: Study the graphs below, and then answer the questions that follow on a separate sheet of paper.

1. Calculating Has the amount of federal spending on telecommunications in public schools and libraries increased or decreased over time?

•

•

•

•


1984 20031989 19981993 20011997 20000

100

20

10

30

90

80

70

60

50

40

Percentage

Year

Technology in U.S. Households

Households with a computer

Households with Internet access

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Interpreting a Line Graph2. Specifying About how much did the government spend on

telecommunications for public schools in 2000?

3. Calculating How did the amount of spending for public libraries change between 1998 and 2000?

4. Theorizing What might have accounted for the increase in government spending over time? Explain.

Applying the Skill

Directions: Study the graph below, and then answer the questions that follow on a separate sheet of paper.

1. Assessing Which increased more rapidly: the percentage of households with a computer or the percentage of households with Internet access?

2. Locating What percentage of U.S. households had computers in 1993?

3. Synthesizing Why do you think the percentage of households with computers continued to rise throughout the time period shown in the graph? Refer to your textbook for information if necessary.

(continued)

At Home Anywhere0

100

60

40

20

80

Percentage

Location

Internet Use Statistics

Age 10–14

Age 15–17

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Citizenship and the InternetInternet use among students has risen sharply in the past

15 years. As Internet use has increased, so has controversy surrounding it. The government is considering the balance between protecting our right to free speech and our responsibility to protect minors. Below is a chart showing the number of Internet users along with an excerpt from a news report about proposed legislation that seeks to protect students from harm on the Internet.

Directions: Use the chart, the article, and the information in your textbook to answer the questions below. Write your answers on a separate sheet of paper.

1. Identifying What percentage of the age groups identified in the chart use the Internet at home?

2. Concluding According to the article, what is the problem with social-networking sites like MySpace?

3. Making Connections Do you think the proposed legislation violates students’ rights? Explain your answer.


Source: news.com, May 11, 2006

by Declan McCullagh

MySpace and other social-networking sites . . . are the potential targets for a proposed federal law that would effectively require most schools and libraries to render those Web sites inaccessible to minors, an age group that includes some of the category’s most ardent users. . . .Backers of the proposal argue that it’s necessary to protect children. Hastert said on Wednesday that it “would put filters in schools and libraries so that kids can be protected . . . We’ve all heard stories of children on some of these social Web sites meeting up with dangerous predators. This legislation adds another layer of protection.”

Lawmakers take aim at social-

networking sites

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The following activities are ways the basic lesson can be modified to accommodate students’ different learning styles.

English Language Learners Have students work in pairs. Ask partners to

discuss different uses of computers at home and why they think some uses are more common than others. Partners should take turns asking each other questions. They can use the chart for reference.

Gifted and TalentedAsk students to explore the issue of legitimate

versus nonlegitimate Web sites. Have students present a mini-lesson that explains how to recognize different types of Web sites, such as those that are relevant for personal use, those that are reliable for information, and so on. Students should also explain what it means to be a good Internet citizen.

Special NeedsHave students study the chart and identify the

number of students in their age group who use the Internet. Lead students in a discussion of various types of information. Explain that some Web sites request information before allowing a person to participate in an online activity. Ask students to identify the types of information that would be safe to share on a Web site and which types should not be disclosed. Ask students to consider when it might be necessary to provide personal information, such as an address or bank account number. Show students how to determine which Web sites keep personal information secure by having them look for the lock icon shown at the bottom of such a Web page or for the pop-up information that alerts the user that a page is secure.

Logical/MathematicalAsk students to use the Internet to find facts

outlining the increase in computer and Internet use among minors from age 10 through 17 over the past 15 years. Tell students to analyze this information and to make predictions about the future of computer and Internet use among users in this age group.

KinestheticHave students locate four political Weblogs

or Web sites and evaluate each site for good Internet citizenship. Students should print each organization’s homepage. Using call-outs, students should note the ways each homepage could be revised for enhanced security or better Internet citizenship. Students should put together a poster board display to show these revisions.

Interpersonal; Verbal/LinguisticOrganize students into small groups. Ask them

to research the proposed legislation described in the article excerpt (Deleting Online Predators Act, or DOPA). Have them debate the issue and decide whether it violates citizens’ rights as outlined in the Constitution.

IntrapersonalAsk students to consider the viewpoint of a

parent who is concerned about his or her teen’s safety on the Internet. Have students write a letter from this point of view. Letters should describe the parent’s concerns and should outline guidelines that the parent requires his or her child to follow while using the Internet.

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Student’s answer:

Partner’s answer:

Partner’s answer:

Student’s answer:

Student: Why must people use caution

when accessing information

on the Internet?

Citizenship and the Internet—What Do You Know?Directions: Ask each other the questions below to see how much you know about the rights of and restrictions on Internet users.*


Partner: How can e-mail influence

a candidate running for

elected office?

Student: What is one way a citizen’s

privacy might be invaded

on the Internet?

Partner: What protects an owner’s

right to control, publish,

or sell an original work,

such as a book or song?


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Citizenship and the Internet—Understanding the Big IdeasDirections: Use your textbook to answer the questions below. Write your answer on the space provided.

Section 1 Big Idea A democratic society requires the active participation of its citizens.

What is the relationship between the Internet and the World Wide Web?

Section 2 Big Idea A democratic society requires the active participation of its citizens.

How could the Internet be used as a tool for spreading democracy?

Section 3 Big Idea Citizens possess certain rights. Citizenship also carries certain responsibilities that all Americans are expected to fulfill.

How can the Internet allow people to interfere with copyrights?


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Citizenship and the InternetThe Internet has changed the world. People have access to more

information than ever before. They can communicate and collaborate across broad distances. The Internet offers new opportunities to participate in civic life. However, the power of this new medium carries challenges. To use the Internet effectively and to make decisions about the role of the Internet in society, citizens must understand both its benefits and its risks.

Directions: Answering Questions Use the terms in the box below to answer each question in the space provided. You will not use all of the answers.

1. What must one evaluate about an Internet source before believing it?

2. Registering to vote online is an example of what?

3. What do many “think tanks” have?

4. What are Web sites with selected facts and opinions about politics often called?

5. What do authoritarian governments use to limit the Internet access of their

citizens?

6. What do many extremist groups spread by using the Internet?

7. What concern is raised by government surveillance of the Internet?

8. What legislation gave Congress broader powers to monitor Internet

communications to prevent terrorist activity?

9. The Napster battle resulted from a violation of what?

10. What type of software can block access to objectionable Web sites?


blogs USA Patriot Act copyright laws free speech

ideological bias nonpartisan partisan firewalls

e-government credibility propaganda filtering

invasion of privacy electronic borders

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Try the SQ3R method as you read this section. Survey the material first, and then write down questions before you read it. Read the material carefully and record the answers to the questions you wrote. Review your answers against the text to make sure that they are correct.


1. Describing How does the Internet encourage civic participation?

2. Explaining What are two reasons it is important to evaluate information on the World Wide Web?

3. Listing What four kinds of activities may citizens perform at government Web sites?

4. Defining What is a newsgroup?

5. Stating What is the goal of political party Web sites?

6. Describing How do many political analysts use the World Wide Web?

7. Explaining What are three concerns that major political parties have about grassroots Web sites?

Civic Participation


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1. Describing How do authoritarian regimes control the Internet?

2. Identifying Central Issues What are two dangers to democracy that the Internet may pose?

3. Identifying What two American public institutions help equalize access to computers and the Internet?

4. Listing What are three examples of cybercrime?

5. Describing How does the government monitor the Internet?

6. Stating What are two criticisms of government surveillance of the Internet under the Patriot Act?

7. Summarizing In what three ways could using the Web cause an invasion of your privacy?

8. Describing What does the Children’s Online Privacy Protection Act require?

Sometimes you need to make inferences to fully understand what you read. An inference is an educated guess about what the text implies or suggests. Make inferences only after looking for clues in the text.

Challenges for Democracy


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1. Stating What did the Supreme Court decide in Reno v. American

Civil Liberties Union?

2. Describing Under what circumstances may schools regulate student publications?

3. Identifying Central Issues How does a copyright protect intellectual property?

4. Explaining How do computers and the Internet threaten to erode copyright protection?

5. Summarizing How did Grokster violate intellectual property rights?

6. Specifying What did the Digital Millennium Copyright Act (DMCA) do?

7. Explaining How does the Internet cause state and local governments to lose revenue?

8. Specifying What does the Children’s Internet Protection Act require?

After reading the section, write a summary of what you read. Check to make sure that your summary answers who, what, where, when, why,

and how questions.


Regulating the Internet

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