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This CNNfyi.com lesson plan is supplemented with material from HighWired.com


Court vacates Microsoft ruling

June 28, 2001
Web posted at: 4:35 PM EDT (2035 GMT)

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Curriculum connections: business, law

Objectives

Students will be able to:

  • Explain why the U.S. Court of Appeals vacated the District Court's final judgment.

  • Investigate ways in which the judicial system seeks to maintain fairness in procedures and rulings.

  • Argue a position on whether the new ruling on the Microsoft case exemplified judicial fairness.

    Standards

    Mid-continent Research for Education and Learning (McREL)

    Civics Standard III: Students understand the sources, purposes, and functions of law, and the importance of the rule of law for the protection of individual rights and the common good.

    Materials

    CNNfyi.com article "Microsoft case gets another day in court "

    Access to online or print resources on the Microsoft legal case

    Textbooks that include information about the U.S. legal system

    Suggested time

    For article and questions only: 20 minutes

    For complete lesson plan: 2 to 3 class periods

    Procedures

    1. Ask students how many use Microsoft products. Ask them if they use them because of product excellence or because they feel they have no other options. Discuss the meaning of a business monopoly, and take a vote to see how many students believe that Microsoft holds a monopoly in computer operating systems.

    2. Direct students to read the CNNfyi.com article "Microsoft case gets another day in court ." Then ask the following questions:

  • How did the U.S. Court of Appeals rule in the Microsoft case? What lower court decision did the Appeals Court uphold, and what did it vacate? Why?

  • Who is Thomas Penfield Jackson? Of what did the Appeals Court accuse him? What specifically did Judge Jackson do during the District Court case? Based on this evidence, do you think the judge violated propriety and acted out of bias?

  • Do you think Microsoft should be broken into two companies? Does the ruling of the Appeals Court necessarily mean that this court does not think Microsoft should be divided? Explain your answer. Why did the Appeals Court vacate Judge Jackson's final ruling?

    3. Ask students to think of symbols that represent justice. They may think of scales or of the character of justice who is blindfolded and holding a balance. Discuss how these symbols represent justice. What does it mean to say that "justice is blind"? What legal procedures can students think of that attempt to keep the legal system fair and impartial?

    4. Direct students to interview someone who is familiar with courtroom procedures and judicial protocol to discover ways in which the judicial system strives to avoid bias and maintain fairness. They may talk with people in one or more of the following positions:

  • Court clerk
  • Paralegal
  • Lawyer
  • Judge
  • Court reporter
  • Court translator

    They can also use textbooks or other print or online resources to learn about the U.S. legal system.

    Assessment

    Applying what they learned about legal procedures in place to prevent bias, ask students to write arguments answering the following question: Does the latest ruling in the Microsoft case indicate that the judicial system is working or that it is faulty? Defend your answer.

    Accommodation

    For background information on the case against Microsoft, use both the CNN In-Depth Microsoft vs. Justice and Highwired.com's The People vs. Microsoft. (NOTE: The information on the break-up in the Highwired lesson plan has not been updated at the time of this lesson plan writing, but the latest ruling is the subject of this lesson plan and corresponding CNNfyi.com article.) Students can create timelines to illustrate the history of the case to date and, based on what they learn, they can predict how the new judge will rule, and why.

    Challenge

    Students can compare and contrast Microsoft's operating systems and products with other companies systems and offerings. Based on their findings, they can create verbal arguments that agree or disagree that the company has a legally unfair advantage.



    RELATED STORIES:
    Microsoft appeal
    February 26, 2001
    Lesson Plan: Verdict stings Microsoft
    April 24, 2000
    Verdict on Microsoft

    RELATED SITES:
    Judicial Branch - Government and Politics: InfoUSA
    LII: Federal Rules of Civil Procedure
    U.S. v. Microsoft: Main Index

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