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| DROI2354-1 | Introduction to American law
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| Duration : | 30h Th |
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| Number of credits : |
| Master in Law, Professional Focus in Business Law, 1st year | | 5 |
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| Master in Law, Professional Focus in Business Law, 2nd year | | 5 |
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| Master in Law, Professional Focus in Public and Administrative Law, 1st year | | 5 |
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| Master in Law, Professional Focus in Public and Administrative Law, 2nd year | | 5 |
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| Master in Law, Professional Focus in Private Law, 1st year | | 5 |
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| Master in Law, Professional Focus in Private Law, 2nd year | | 5 |
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| Master in Law, Professional Focus in Interuniversity Mobility, 1st year | | 5 |
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| Master in Law, Professional focus in Criminal Law, 1st year | | 5 |
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| Master in Law, Professional focus in Criminal Law, 2nd year | | 5 |
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| Master in Law, Professional Focus in Labour Law, 1st year | | 5 |
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| Master in Law, Professional Focus in Labour Law, 2nd year | | 5 |
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| Extra courses intended for exchange students (Erasmus, ...) | | 5 |
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| Lecturer : | François van der Mensbrugghe |
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Language(s) of instruction :
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| English language |
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Organisation and examination :
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| Teaching in the first semester, review in January |
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Course contents :
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| This introductory course to American Law is primarily aimed at students who intend to read law abroad in their future studies (as part of an Erasmus stay, or in a post-graduate programme). Other students with a keen interest in the subject are also welcome to attend. The course spans key areas of American Law (Constitutional Law, Law of Contract, Torts, Civil Procedure). In terms of substance, particular emphasis is placed on the meaning of judicial precedent and common law reasoning. With a view to understanding recent constitutional developments in the United States, the course highlights the role of the United States Supreme Court, the delicate quest for a balance of power between the Federal government and the States, as well as recent cases delivered by the Supreme Court concerning individual rights. |
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Learning outcomes of the course :
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| By the end of this course, students should be able to:
1). present the fundamental rules, concepts, and trends of major areas of American Law (Constitutional Law, Law of Contract, Torts, Civil Procedure);
2). analyze precedent-setting court cases and summarize areas of contemporary American legal debate (jurisdictional problems, reproductive rights, privacy, ...);
3). develop informed judgment about the strenghts and weaknesses of American Law so as to convey this into reasoned advice to possible future clients. |
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Prerequisites and co-requisites/ Recommended optional programme components :
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| This course is devoted to the American legal system. Students are requested to have a comfortable command of the English language. As such, this is not a "English legal terminology" course. The entire course, supporting material, and the exam are given in English, without any French translations. |
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Planned learning activities and teaching methods :
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| The course unfolds in weekly two-hour lectures. Lectures are given with the aid of a Powerpoint presentation, available online prior to the actual giving of the lectures.
Following the method of teaching given in Anglo-American law schools, students are kindly requested to read cases in advance.
One class will be devoted to the "sources and methodology" of American Law. Part of this class will take place in the Law Library (please check the bulletin boards for the exact time and date). |
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Mode of delivery (face-to-face ; distance-learning) :
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| Given in lectures, the course will unfold during the first semester, on Monday afternoons, from 4:00 to 6:00 p.m.
On their own, students will read three key judgments delivered by the United States Supreme Court on Monday, September 22, November 10, and December 8. An open discussion will take place on each one of these cases on the following Monday. The judgments will be notified to students at the first class.
Classes take place in "Séminaire 12", the first class being given on Monday, September 15.
The first class will begin with a short introduction, presenting the entire course. |
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Recommended or required readings :
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| The course is primarily based on the following legal textbook: Gerald Paul McAlinn, Dan Rosen, and John P. Stern, An Introduction to American Law, Second Edition (Durham, North Carolina: Carolina Academic Press, 2010). Students may consult the book at the law library or purchase it through personal means.
In addition, the course is based on extensive usage of a Powerpoint presentation, available on the website of the University ("myULg") at the start of the semester. |
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Assessment methods and criteria :
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| The form of the exam is an oral examination - in English - lasting circa 20 minutes.
Students are requested to answer four questions. The first three deal with themes and/or concepts studied in class. The fourth question is based on the analysis of a case that students will have chosen and prepared beforehand. This last question will assess students' clarity of delivery, their understanding of the Justices' respective arguments, as well as their capacity to undertake research.
Upon appointment, a special exam may be organized for those foreign students who would have difficulty taking exams during the Belgian exam session.
All students are reminded that this is not an English terminology course. Accordingly, the exam will not assess their command of legal English. Notwithstanding, students are firmly encouraged to have a comfortable level of spoken English. |
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Work placement(s) :
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Organizational remarks :
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| Courses are given on Mondays, from 4:00 p.m. to 6:00 p.m., starting on Monday, September 15 ("Séminaire 12").
By way of reminder, students are invited to read, on their own, three key judgments delivered by the United States Supreme Court on Monday, September 22, November 10, and December 8. An open discussion will take place on each one of these cases the following Monday. The judgments will be notified to students at the first class.
Students are highly encouraged to participate throughout the classes. They will in any event be questioned - in class - on their readings of the cases contained in the course book (McAlinn, Rosen, and Stern, An Introduction to American Law). |
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Contacts :
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| fvdmensbrugghe@ulg.ac.be |
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