2023-2024 / DROI2354-1

Introduction to American Law

Duration

24h Th

Number of credits

 Master in law (120 ECTS)5 crédits 
 Extra courses intended for exchange students (Erasmus, ...) (Faculty of Law, Political Science and Criminology)5 crédits 

Lecturer

François van der Mensbrugghe

Language(s) of instruction

English language

Organisation and examination

Teaching in the first semester, review in January

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

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.

Learning outcomes of the learning unit

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.

Prerequisite knowledge and skills

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.

Planned learning activities and teaching methods

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.

Mode of delivery (face to face, distance learning, hybrid learning)

Face-to-face course


Additional information:

Given in lectures, the course will unfold during the first semester, on Tuesday mornings, from 11:00 a.m. to 13:00 p.m.

All classes will be given in person.

Classes take place at the Law Faculty (Sart-Tilman, building B-31), generally in "Séminaire 3". The first class will be given on Tuesday, September 19, 2023.

The first class will begin with a short introduction, presenting the entire course.

Recommended or required readings

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.
Another reference book is: Erwin Chemerinsky, We the People: A Progressive Reading of the Constitution for the 21st Century (New York: Macmillan USA, 2018).
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. A case-book is in the making.

Exam(s) in session

Any session

- In-person

written exam AND oral exam


Additional information:

The form of the exam is primarily a written examination - in English.

The exam will consist of:

  • four short questions;
  • one case brief of a judgment seen in class
  • one case brief of an unseen judgment.
In addition, students will be assessed on an oral presentation given during the semester (10'). The presentation will be based on the analysis of a case that students will have chosen and prepared beforehand. Students are kindly requested to submit a one-page outline of their presentation, with proper references (as a handout to fellow students). They are further kindly requested to avoid reading during their presentation.

Students are not allowed to bring any documents (books, cases, dictionaries) or electronic devices in the exam room.

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 comfortable command of the English language.

Work placement(s)

Organisational remarks and main changes to the course

Courses are given on Tuesdays, from 11:00 a.m. to 13:00 p.m., starting on Tuesday, September 19, 2023 (Sart-Tilman, building B-31, generally in "Séminaire 3").

Students are highly encouraged to participate throughout the classes.

Contacts

fvdmensbrugghe@uliege.be

Professor van der Mensbrugghe occupies shared office space at the Law School (R75). Due to his infrequent time there, students are kindly requested to contact him by e-mail.

Association of one or more MOOCs

Items online

Khan v. State Oil Co. (+ State Oil Co. v. Khan)
Rulings on precedent and antitrust law.

Asahi Metal Industry Co. (1987)
Personal jurisdiction case.

Batson v. Kentucky (1986)
Quid the right to a jury trial in criminal cases...?

Chauffers et al. v. Terry (1990)
Quid the right to a jury trial in civil cases...?

Constitutional Law (Part I)
Powerpoint presentation devoted to U.S. Constitutional Law (Part I - Powers).

Constitutional Law: Reading Material (Part I)
Some of the cases we'll be studying re. Constitutional Law (Part I)

Course Outline
A brief outline of the course.

Erie RR v. Tompkins (1938)
Common law in the federal courts...?

Federal courts and the FRCP (Part I)
The first part on federal courts and the FRCP.

Federal courts and the FRCP (Part III)
Powerpoint presentatiion relating to federal courts and the FRCP (updated).

Florida Bar v. Went-For-It (1995)
Lawyer advertising case.

Havens Realty Corp. v. Coleman (1982)
Standing case.

Jones v. Star Credit Corporation (Unconscionability + UCC)
An illustration of section 2-302 UCC.

Kobel case
Litigating human rights abuses in U.S. courts when justice is denied overseas.

Kiobel case (questions)
Accompanying questions to the case.

O'Connor v. O'Connor (1986)
Conflict of laws case.

O'Connor v. O'Connor (1986) - questions
Corresponding questions.

Rivas-Villegas v. Cortesluna (2021)
Qualified immunity case.

Sources and Methods
The stepping-stones to the Common Law.

State Farm v. Campbell (2003)
Punitive damages (guideposts).

The Jury System (and Damages)
Powerpoint presentation related to the jury system.

United States v. Dougherty (1972)
Jury nullification.