DAVID FAERBER, Grades 6-8, Social Studies
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OVERVIEW:
This lesson deals with the differences in civil law and criminal law. Louisiana is the only state that uses Civil law system, while all other states use a Common law system. Students will compare the two types of systems and examine why Louisiana chose to use the civil law system. By looking at Louisiana’s unique history, students will discover how and why Louisiana is the only state with a Civil Code. The lesson will also look at Louisiana’s superior “lemon law” and the Louisiana’s best consumer protection law, redhibition.

SUBJECT MATTER: Social Studies

LEARNING OBJECTIVES:
Students will be able to:
• Differentiate between civil and criminal law.
• Relate Louisiana’s history to the Civil Code that is in place in the state.
• Discuss and know the relevance of Louisiana’s lemon law and other consumer protection laws.

STANDARDS:
National Content Standard (from Center for Civic Education 5-8)
http://www.civiced.org/stds.html
III. How Does the Government Established by the Constitution Embody the Purposes, Values, and Principles of American Democracy?
C. How are state and local governments organized and what do they do?
2. Organization of state and local governments.
V. What are the Roles of the Citizen in American Democracy?
B. What are the rights of citizens?
2. Political rights.

Louisiana Social Studies Content Standards
http://www.lcet.doe.state.la.us/doe/assessment/standards/SOCIAL.pdf
C-1A-M1:  Explaining major ideas about why governments are necessary and evaluating competing positions on the purposes government should serve;
H-1D-M2:  Tracing the development of the various governments that have been established in Louisiana throughout its history;
H-1D-M6:  Examining folklore and describing how cultural elements have shaped our state and local heritage.

MEDIA COMPONENT:
Video:
LegalEase, Program One.
(Louisiana Public Broadcasting)

Web sites:
http://www.pharislaw.com/lemon%20v%20redhibition.htm
Louisiana’s superior law - “lemon law” versus “redhibition”.
http://www.pharislaw.com/LEMON.HTM
What to do when you buy a lemon in Louisiana.
http://www.ncjrs.org/nij/DNAbro/intro.html
What every police officer should know about DNA evidence.

MATERIALS:
Per Student:
• Activity sheet (Louisiana Civil Law)

PREP FOR TEACHERS:
1. CUE video to “Funding for this program was ….”

2. Prepare copies of activity sheet for each student.

3. When using media, provide students with a FOCUS FOR MEDIA INTERACTION, a specific task to complete and/or information to identify during or after viewing of video segments and Web sites.

INTRODUCTORY ACTIVITY:
Setting the Stage:
Ask students if they have ever made a deal with another person, only to have the other person not live up to his/her part of the agreement. (It might be as simple as not cleaning up their room after agreeing to do it.) Discuss what you can do when someone does not live up to his/her part of an agreement. (Ask again, not make other deals with that person, go to court)

lEARNING ACTIVITY:
1. Introduce the idea that rules are important to guide the behavior of people as they live and interact with others. Discuss that we often have written rules and sometimes we have unwritten rules.

2. Discuss the rules that are in place in the classroom. Are all of the rules written? Those rules that are written form a code.

3. Ask students what are some of the earliest codes. They may mention the Ten Commandments or Hammurabi’s Code (from Babylon). Discuss how these were lists of expected behaviors.

4. Today, government has two types of laws. One is criminal law and the other is civil law. The focus will be on the civil code, or list of laws dealing with people’s relationships with each other. Today the class will watch a video that explains the differences between them.

5. Provide students with a FOCUS FOR MEDIA INTERACTION by distributing the activity sheet and reading questions 1-5 aloud. Inform students to look for answers as they watch this segment of the video.

6. CUE video to “Funding for the program…”

7. PLAY video. PAUSE after Rudy Macklin says, “…you decide each rule or law by what happened in a past plays or games.” This is about three minutes into the video.

8. Review 1-5 on the activity sheet. Discuss each briefly.

9. Provide students with a FOCUS FOR MEDIA INTERACTION by asking for reasons Louisiana has a civil code.

10. Resume PLAY on the video.

11. Pause video after “although large parts have been changed in the 1960s.”This is only a little more than a minute after the last pause.

12. Review 6-10 on the activity sheet.

13. Provide students with a FOCUS FOR MEDIA INTERACTION by asking “What is it about Louisiana’s history that makes it distinct from all other states?” Have them look for the answer as they watch this segment of the video.

14. Resume play on the video.

15. PAUSE video after “How did Louisiana become the only state with a Civil Code?” Discuss these questions briefly.

16. Provide students with a FOCUS FOR MEDIA INTERACTION by asking “What is Redhibition and how can it help you when you buy a car?”

17. Resume play on video.

18. Stop video after questions “How and when can it work for you?”

19. Discuss answers to questions posed by video.

CULMINATING ACTIVITIES:
Have students visit the web site http://www.pharislaw.com/LEMON.HTM and read what to do if you buy a lemon. Have them click on the link (“an explanation of what “lemon law” in Louisiana is all about” or http://www.pharislaw.com/lemon%20v%20redhibition.htm) and read about the difference between lemon laws and Louisiana’s redhibition. Have the students list the six steps (the sixth step is: Contact a government agency, usually the Louisiana Attorney General’s office) in trying to get a dispute involving the purchase of a defective automobile.

Additionally, you may have students develop a code for the classroom. They may use rules in other teacher’s classes, or in previous year’s classes. Post the list of rules on the wall in classroom or make a ‘code’ for the class.

CROSS-CURRICULAR EXTENSIONS:
LANGUAGE ARTS:
• Have students go through steps as though they have purchased a “lemon.” The can make documentation for repairs, write a letter to the manufacturer, and do research on the web for “secret warranties.”
SCIENCE:
• Visit http://www.ncjrs.org/nij/DNAbro/intro.html. At this web site, “What Every Law Enforcement Officer Should Know About DNA” have student read and answer these questions: What is DNA? Where is DNA contained in the Body? Where can DNA evidence be found at a crime scene? What steps must officers take to prevent contaminating the DNA evidence?

COMMUNITY CONNECTIONS:
• Invite a lawyer and/or a car salesman to come to class and further explain the redhibition, the Lemon law, and how the Louisiana Civil Code affects them.
• Ask students if they have written or unwritten rules in their homes. Is there a need to have a ‘code’ of written rules (laws) in their household?

STUDENT MATERIALS:
See attached. Student Materials include:
• Louisiana Civil Law activity sheet. (  PDF )