Saint-Louis University - Bruxelles
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DRAN1261 - Common Law



Credits : 6

Lecturer :
Teaching assistant :
Mode of delivery :
Face-to-face , second term, 60 hours of theory.

Timetable :
Second term
Tuesday from 13:30 to 15:30
Wednesday from 13:30 to 15:30

Language of instruction :
The course, supports and examination are in English.

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

COVID-19 permitting, the course will be given on Tuesday afternoon from 13:30 to 15:30, and Wednesday afternoon, from 13:30 to 15:30, starting Tuesday, 2 February 2021, 2020. View the University's timetable for specifics.

Prerequisites :
Co-requisites :
None

Course contents :

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 granted to the rule of judicial precedent (stare decisis), with the study of numerous cases. The second part of the course is devoted to American Law, with particular emphasis on contemporary issues (U.S. Constitutional Law, Law of Torts, Contract).

This introductory course covers the main features of Common Law. In geographical terms, reference is primarily given to English law, certain characteristics of Scots law, as well as American law. In terms of substance, during the first semester particular emphasis is placed 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. With a view to understanding recent constitutional developments in the United Kingdom, the first part of the course also highlights watershed cases that have been delivered since the enactment of the Human Rights Act 1998, which incorporated the European Convention on Human Rights. The course further discusses the existence of “constitutional statutes”, the issue of “devolution” (Wales, Scotland and Northern Ireland), as well as reform of the House of Lords and attempts to reform the status of the Monarchy. The awkward relationship between English law and EU law is also dealt with. The second part of the course is more particularly focused on 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 recent cases delivered by the United States Supreme Court.


Planned learning activities and teaching methods :
The course is given through a series of lectures interspersed with discussions on numerous texts (which students are invited to read and analyze 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. Needless to say, course material (in-house or student-made) and PowerPoint presentations are not all-encompassing for the exam. Academic success largely depends on sound concentration during the lectures accompanied by a follow-up of study, insight and focus at home.

The accompanying books for the course are the following: Gerald Paul McAlinn, Dan Rosen, John P. Stern, Bruce Aronson, David G. Litt, An Introduction to American Law, 3rd Ed. (Durham : Carolina Academic Press, 2017), and Erwin Chemerinsky, We the People. A Progressive Reading of the Constitution for the 21st Century (New York: Picador, 2018).


Assessment methods and criteria :
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 language dictionary (English-French/French-English) is allowed during the exam. Legal dictionaries and all electronic devices 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).


Other information :
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