A Comparative Look at the Civil and Common Law Legal Systems (wykład) - 2018/2019

Course description
General information
Lecturer:dr Delaine Swenson prof. KUL
Organising unit:Faculty of Law, Canon Law and Administration - Instytut Prawa
Number of hours (week/semester): 30
ECTS code:00001-02-0200WYK0000
Language of instruction:English
Course objective
This course is designed to undertake a look at the major aspects of the Civil and Common Law legal systems in a comparative way.
Prerequisites
COURSE TYPE AND PREREQUISITES: Course for PHD students in English. Moderate level of English language required.
Learning outcomes
K_W03 Knows and understands legal terminology in the field of particular areas of law
K_W04 Has basic knowledge of the sources of law in the field of specific areas of law and the hierarchy of legal norms. He knows the general principles of creating law and application (legislative process, binding force, unconstitutionality, invalidity of a legal transaction)
K_W05 Knows and understands the principles of the interpretation of law
K_W06 Knows the basic features and functions of the basic areas of law and understands the principles of their functioning. He has knowledge about entities involved in legal relations specific to particular fields
K_W11 Has knowledge about legal norms that organize legal structures and institutions and the rules that govern them. In this area, he identifies the development directions of specific areas of law
K_W12 Has knowledge ordered in the field of procedural standards and understands the process of their application (including administrative, criminal, civil)
K_U02 Is able to use the basic theoretical knowledge in the field of various areas of law in order to analyze and interpret specific legal, economic and social processes and phenomena
K_U03 Has the ability to use legal concepts to understand and analyze legal phenomena
K_U10 Has the ability to use the acquired knowledge in various fields and forms to solve dilemmas appearing in professional work, in particular critical analysis of the effectiveness and usefulness of the applied knowledge
Teaching method
The course is taught using lecture, experiential education, socratic diaglogue and small group discussions.
Course content description
This course looks at the following topics from a comparative perspective: the common law use of precedent and precedent in the civil law system; legal reasoning skills in the two systems; the adversarial and inquisitorial trial systems, civil law legal education vs common law legal education, the role of legal professionals in the two systems; the future of both systems.
Forms of assessment
Grading is based on classroom attendance and participation and a final oral exam. 20% of class grading will be based on class attendance and participation. 80% will be based on a final oral exam where students will be asked to do a comparative analysis of issue that have been raised in the class over the course of the semesters. Students with a good understanding of the issues raised and a good analysis of the those issues and effective answers would receive a 5, those with a passing knowledge and analysis a 4, those with a basic knowledge and analysis a 3.
Required reading list
Materials provided by the Professor.

Western Legal Traditions: A Comparison of Civil Law and Common Law Legal Traditions, Vranken, The Federation Press, 2015.
Field of study: Canon Law
Course listing in the Schedule of Courses:
Year/semester:Year III
Number of ECTS credits: 3
Form of assessment: Examination
Field of study: Law
Course listing in the Schedule of Courses:
Year/semester:Year III
Number of ECTS credits: 3
Form of assessment: Examination
Field of study: Law
Course listing in the Schedule of Courses:
Year/semester:Year III
Number of ECTS credits: 3
Form of assessment: Examination
Terminarz:
DataDzieńSalaGodz.od-do
2019-06-15sobotaC-627 14:10 - 17:30