Course code: 177825 | Subject title: INTRODUCTION TO COMMON LAW SYSTEM | ||||
Credits: 3 | Type of subject: Mandatory | Year: 5 | Period: 2º S | ||
Department: Derecho | |||||
Lecturers: | |||||
SANTAOLALLA MONTOYA, CAYETANA [Mentoring ] | ORBEGOZO MIGUEL, XABIER (Resp) [Mentoring ] |
Main focus on (North) American legal system: general description, structure, legal sources, case law and Private International Law.
LO11. To know the main consequences of the intervention of a foreign element in Private Law situations.
LO17. To express oneself orally using appropriate terminology and techniques.
LO21. To critically analyse, interrelate and integrate legal concepts.
LO23. To read and interpret legal texts.
LO31. To take in and work on respecting human rights, equality between men and women and acknowledgement of diversity and sustainability.
Activity | On-site class time | Non-class time |
A-1 Expositive/participatory lectures | 22 | |
A-2 Practical classes | 8 | |
A-6 Work on the assignments | 18 | |
A-3 Individual study | 25 | |
A-5 Exams or other evaluation tests | 2 | |
Total | 30 | 60 |
Learning outcome |
Assessment activity |
Weight (%) | It allows test resit |
Minimum required grade |
---|---|---|---|---|
R10,R186,R204,R213 |
Attendance and active participation |
10% |
No | |
R10,R151,R186,R204,R213 |
Case resolution and presentation |
40% |
Yes. Written proof | |
R10,R151,R186,R204,R213 |
Final exam |
50% |
Yes | 5/10* |
*To overcome the subject a score equal to or greater than 5 out of 10 is required in the final exam (or proportional to its valuation). If a note of less than 5 out of 10 is obtained in the final examination, the rating of the continuous assessment shall be taken into account, without the final rating of the subject, plus the continuous rating and the final rating, exceeding 4,9 out of 10.
I: Precedents: history and originality of American Law
1.1 Colonisation.
1.2 Independence and Confederation.
1.3 1787 Constitution and Federalism.
1.4. Comparative constitutional law
II. The Constitution of the US:
2.1 Introduction.
2.2 Structure.
2.3 Articles: government structure and shared powers.
2.4 Amendments: fundamental rights and freedoms.
III. American judicial system.:
3.1 Introduction.
3.2 Federal courts.
3.3 Choice of court: jurisdictional issues.
3.4 State judicial system: some remarks.
IV. Sources of law:
4.1 Sources in US legal system vs. Sources in Spanish legal system
4.2 The role of the case law: introduction.
V. Development of common law and the case law as reference:
5.1 Common Law: introduction.
5.2 Study and analysis of the case law.
5.3 Stare Decisis rules.
VI. Corporate Law in the US:
6.1 Introductory remarks.
6.2 Typology.
6.3 Comparative law.
VII. Dispute resolution in the US:
7.1 Introductory remarks.
7.2 Alternative dispute resolution:
a) Arbitration.
b) Mediation.
7.3 US procedural law:
a) Civil procedures.
b) Criminal procedures.
c) Appeals.
VIII. European PIL and American PIL ¿ a comparative analysis:
8.1 Introductory remarks.
8.2 Role of the US in the main international rules and instruments:
a) Commercial law.
b) Maritime law.
c) Judicial cooperation.
d) Family law.
8.3 International commercial arbitration and the US.
a) The US Code and the Federal Arbitration Act
b) 1958 New York convention.
c) 1965 Washington convention.
Access the bibliography that your professor has requested from the Library.
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