At the end of this lesson, students should be able to...
• identify the process for appealing a lower court opinion (how are the facts of the case presented; how is the dispute resolved.)
• identify key players in the Appeal (who presents the facts; who makes the final decision.)
• determine what makes a decision fair.

Small group deliberation in simplified mock-trial format; class is divided into four groups (two groups to compare the facts of the trial and those in the appeal and two groups comparing laws and rules involved in the trail and those raised in the appeal. Groups of three students, each acting as appeal court judges.

A full-scale mock trial can be an intimidating prospect for an elementary classroom-both for teacher and students. This lesson plan for a simplified mock-trial provides an opportunity to experience the fundamentals of an appeal.
Beginning with a cast of two characters, students will develop skills that will lead them safely into more complicated cases.
The basic tenets of the lesson include those items covered in the learning objectives.
Understanding that the purpose of an appeal is to settle a dispute between two people, the two people were given an opportunity to present their side of the story to a judge. The judge made his or her decision, and one of the people didn't agree with that opinion and wishes to appeal to a higher court.
Without distinguishing between civil and criminal issues, this lesson illustrates the essentials of our adversary system: that each party can challenge a lower court opinion and is allowed to present their reasons in writing to be considered by an independent group of judges.

The fact situation given here is based on an imaginary business experience in Thailand. There may have been a real incident in your classroom that would be a good substitute. Develop roles that are gender-free and easily used by males or females.
• Prepare fact sheets for all the Appeals Court Judges to read before beginning their discussion.
• Make copies of the Steps in the Appeal for distribution to the judges groups.

• Divide the class into four groups: two groups to examine and compare the facts in the case to what the Judge ruled and what the Accused (The Sales Company) argued was wrong. Two groups examine and compare the laws and rules in the case to what the Judge ruled and what the Accused (The Sales Company) argued was wrong.
• Give fact sheets to each group.
• Allow time for the groups to discuss their strategy: who will present arguments and reasons the facts support the Lower Court's ruling and those who are against the ruling. Each group should choose a spokesperson to represent them in the Appeal.
• Follow the Steps in the Trial described below.
• Time permitting, repeat the trial with a different set of students representing for and against the Lower Court's ruling.
• Talk as a class about the Appeal (s) and the results. Ask for reactions to each role: how did it feel to argue against the Judge's ruling, how did it feel to support it?
• Review the objectives for other teaching points.

• The Contract between The Road Builder and The British Manufacturer was a valid contract,
• but since it was in English and the plaintiff said they didn't understand it, it did not apply.
• The Court ruled that The Sales Company showed it represented The Manufacturer by threatening to cancel The Contract if The Road Builder did not pay on time.
• The e-mail from The Manufacturer notifying The Road Builder it would cancel the order if payment was not made in 15 days could have been faked.
• The Court ruled that the brochure advertising delivery of products to Thailand meant The Sales Company was responsible for delivery and should pay the late delivery fine.

• The Sales Company asked the Court of Appeals to examine closely The Contract between The Manufacturer and The Road Builder
• and consider that The Sales Company was not a signatory and neither gained nor lost from that contract, since it had already been paid out of the non refundable deposit for its service in placing the order from the sales brochure.
• Therefore, its sole role was that of an adviser, and the advice in the e-mail to The Road Builder to pay the balance due according to The Contract to avoid the possible delay or cancellation of the order, was both sound and proper.
• The Road Builder had ample time and resources to ask questions in Thai about the English contract or have it translated completely.
• The claimed ignorance of English as an excuse was only made by The Road Builder after it had been fined for not completing the road on time.
• The Court's opinion that the e-mail claiming the payment wasn't late may have been "faked" is contradicted by a copy of the check from The Road Builderr which was part of the evidence in the trial and showed the payment was in fact made 45 days later than the contract deadline, confirming that the e-mail was "true".
• Therefore, The Sales Company asked the Court of Appeals to overturn the Lower Court's Opinion and find for the Defendant.

1. Three judges review the Facts in the Case of Finishing too Late.
2. They weigh those facts against: the Opinion of the Lower Court Judge and The Sales Company's answer to that Opinion.
3. Each Judge gives their opinion and reasons to either: let the Lower Court Opinion stand or to reject it.
4. A majority vote (two or more of the judges) decides the outcome of the case.

Try another of the mock-trial lesson plans, or develop your own based on a situation from current events in the community or the classroom. Write your own fact situation and adapt the Steps in the Trial accordingly. Some other lessons continue with three roles in each trial; some more complicated situations, for trials of six characters, add clerk and two lawyers. Refer to the Canada School Net Bibliography on Mock Trial Materials for reference or LFS Law and Society Lesson Plans.