Face-to-face , second term, 60 hours of theory.

Second term
Tuesday from 13:30 to 15:30 at 109 Marais 100
Wednesday from 13:30 to 15:30 at 109 Marais 300

The course, supports and examination are in English.

This course aims to introduce students to the fundamental issues of the Common Law.

For the Bachelor in Law :

None

The first part of the course attempts to understand the different meanings of the Common Law, highlighting English Law. Students will deal with the relationship between the Common Law and Equity, and the role of legislation in contemporary English life. Particular attention will be given to the rule of judicial precedent (stare decisis), with the study of numerous cases. The second part of the course is devoted to substantive English law, with a focus on the law of torts, contract and administrative/constitutional law. The final part of the course will look briefly at American Law, with particular emphasis on U.S. Constitutional Law.

This introductory course covers the main features of Common Law. In geographical terms, reference is primarily given to English law and American law. The first semester will place particular emphasis on English Law. This entails, among others, a thorough investigation of the meaning of judicial precedent and common law reasoning. The current meaning and relevance behind the dichotomy of Common Law and Equity is developed with a historical overview and an analysis of different common law and equitable remedies. In terms of substantive law, there will be a specific focus on the English law of torts and contract. The course will also look at the UK constitution, its sources, and basic principles, as well as the concept of judicial review. This will provide a basis to understand more recent constitutional developments. This includes an examination of the awkward relationship between the UK and the EU, the consequences of Brexit and the impact of the Human Rights Act 1998, which incorporated the European Convention on Human Rights. In this regard, several key judgements will be analysed, including recent Supreme Court judgements.

The second semester will look at some aspects of American law. Recent constitutional developments are analyzed, highlighting the role of the United States Supreme Court, the quest for a balance of power between the Federal government and the States, as well as some recent cases delivered by the United States Supreme Court.

The course is given as a lecture interspersed with discussions on numerous texts (which students should have read and analyzed in advance). Discussions will sustain the theoretical developments. They will also develop the capacity of students to have a discussion in English and acquire language fluency. A PowerPoint presentation completes the lectures. The accompanying book is the following: Gerald Paul McAlinn, Dan Rosen, John P. Stern, An Introduction to American Law, 2nd Ed. (Durham : Carolina Academic Press, 2010).

The final assessment is a written examination (3 hours) based on the definitions of ad hoc legal concepts (e.g. “voir dire”), analysis of a text studied in class, and a text that has not been studied in class (but that refers to a studied subject). Students are also invited to write an essay on a broader subject (selected among several proposed). The assessment takes into account the understanding of the subjects studied in class, the structure of the reasoning, the argumentation, the capacity to analyse and synthesise as well as the ability to make links between different parts of the course. The quality of writing, clarity of presentation and correctness of style and spelling are also taken into account.
Only a common English-French/French-English dictionary is allowed during the exam. Legal dictionaries are prohibited.

Recommended or required reading:
- The bibliography of the course includes - summarily - the following works:

1. Allen, Michael and Thompson, Brian, Cases & Materials on Constitutional and Administrative Law, 6th ed. (London: Blackstone Press Ltd., 2000).
2. Atiyah, P.S. and Summers, R.S., Form and Substance in Anglo-Amercican Law (Oxford: Clarendon Press, 1987).
3. Beale, H., et al., Contract Law (Common Law of Europe Casebooks) (Oxford: Hart Publishing, 2002).
4. Beatson et al. (eds.), Constitutional Reform in the United Kingdom : Practice and Principles (Oxford: Hart Publishing, 1998).
5. Cardozo, B., The Nature of the Judicial Process (New Haven and London: Yale Univerity Press, 1921).
6. Chitty, Chitty on Contracts, 2 vol. 26th ed. (London: Sweet & Maxwell, 1989).
7. Craig, P.P., Administrative Law, 3rd ed. (London: Sweet & Maxwell, 1994).
8. Cross, R., and Harris, J.W., Precedent in English Law (Oxford: Clarendon Press, 1991).
9. David, René, English Law and French Law (London: Stevens & Sons, 1980).
10. Denning, Lord, The Discipline of Law (London: Butterworths, 1979).
11. Devlin, Lord, The Judge (Oxford: Oxford University Press, 1981).
12. Keenan, Denis, English Law, 13th ed., (London: Longman 2001).
13. Llewelleyn, K., The Bramble Bush (New York: Oceana, 1975).
14. Reed, Charles P. (editor), English Legal System, 18th ed. (London: HLT Publications, 1996).
15. Reed, Charles P. (editor), English Legal System : Student Casebook, 7th ed. (London: HLT Publications, 1996).
16. Slapper, Gary and Kelly, David, The English Legal System, 5th ed. (London: Cavendish Press Ltd., 2001).
17. Smith, J.C., A Casebook on Contract, 9th ed. (London: Sweet & Maxwell, 1992).
18. Van Gerven, W. et al., Tort Law (Common Law of Europe Casebooks) (Oxford: Hart Publishing, 2000).
19. Wade, Administrative Law (Oxford: Clarendon Press, 1971).

Students dispose of a PowerPoint presentation that includes the main parts of the lecture and reading assignments for each session. The reading of the texts is highly encouraged to facilitate the understanding of the issues discussed in class and the sharing of thoughts and ideas. Students may have an English legal dictionary of their choice (which they may not dispose of during the examination). The professor will answer any questions by appointment or by mail: francois.vandermensbrugghe@usaintlouis.be