美國法導論(英文授課)

This course introduces students to the fundamental principles in the American legal system. It is expected that students can gain overall understanding of the theory and practice of the American legal system, and have the basic skills to handle cases applying American law. The teacher will explain the basic concepts, and, coupled with the discussion of real cases, equip students with the ability to handle real cases under American law. The major contents of this course include: 1. Courts, 2. jurisdiction, 3. contracts, 4. torts, 5. property, 6. civil procedure. Learning goals: 1. To be able to understand and use American legal concepts: such as due process, equal protection, judicial review, offer, acceptance, consideration, negligence, intent, proximate cause, etc. 2. To understand the major subjects of the American legal system: such as contracts, torts, property, and procedural laws. 3. To understand the basic structure of the American judicial system. Expected outcome: 1. Understand the basic institutions, important legal concepts and rules of the American legal system, and be capable of applying them to real cases; 2. Understand the important principles of American law, such as consideration, proximate cause, and the rule against perpetuities, realize their true meaning and limits, and be capable of applying them in reality; 3. Own the capacity of analyzing cases under American law, and be able to find proper legal principles and use them in correct contexts.

Students taking this course, in principle, do not require a lot of background knowledge of the law. Yet this course is not introduction to legal studies, and thus will not be dedicated to teaching the most fundamental legal profession skills, such as the hierarchy of the law, the interpretation of the law, and the order of applying legal rules. It is suggested that the student should have taken one basic law course, such as Introduction to Law, Civil Law-Fundamental Principles, or Criminal Law-Fundamental Principles, before taking this course. In addition, students need to have good English reading skills. This course material of this course is all in English. Student Background: This course is for students with no prior background in law. The student needs only be interested in American law and have taken some basic course such as the General Principles of Civil Law or another similar course. Prerequisite: Although students do not need to have substantial knowledge of law, but it is recommended that students taking this course at least had taken an entry-level legal course before. Foreign language capacity: All reading material of this course is in English. The teacher will lecture in English, and will require the students to present the course material in English in class. Thus the students taking this course must have the capacity to read, listen, and speak in English, although outstanding listening or speaking capacity is not required.

Course related information and announcements will be distributed via the e3 platform at the appropriate time. Makeup class, if any, will be announced via the e3 platform.

1. Class presentation(20%):Students must take turns presenting the designated reading material in English. This is a lecture course, but student participation is expected. 2. Mid-term exam.(40%):The duration is three hours. The test will contain essay questions testing the understanding of legal principles as well as the capacity to use them. The test also evaluates the student’s ability to use English legal jargons. 3. Final exam.(40%): The duration is three hours. The test will contain essay questions testing the understanding of legal principles as well as the capacity to use them. The test also evaluates the student’s ability to use English legal jargons. How the test is related to the expected outcome: The test will evaluate the student's ability to understand the basic institutions of the American legal system. It will also evaluate the student's ability to understand the important principles of American law. Some questions will relate to cases and will test the student's capacity of analyzing cases under American law.

• Introduction
• Contracts
• Torts
• Property
• Civil Procedure
• Examination

The textbook of this course is Law 101: Everything You Need to Know About the American Legal System, authored by Professor Jay M. Feinman (listed book #1). This book can be used to preview or review course contents and as auxiliary material for writing homework or preparing examinations. Students can purchase this book individually or as a group. If students want to find another material that is proximate in depth to this textbook, the book authored by Scheb & Scheb (listed book #2) is suggested. If students want to read even more in-depth material, he or she can consider the book authored by Walston-Dunham (listed book #3). Please bring both the textbook and the power point file (or printout) provided by the teacher when coming to the class. The teacher will select related supplemental materials to be distributed to the students via the e3 platform. These materials will complement the inadequacies of the textbook. Listed books (textbook and references): 1. Jay M. Feinman, Law 101: Everything You Need to Know About the American Legal System (Oxford, 3d ed., 2010). 2. John M. Scheb & John M. Scheb II, Introduction to the American Legal System (Wolters Kluwer, 2d ed., 2009). 3. Beth Walston-Dunham, Introduction to Law (Cengage, 6th ed. 2011).

地點

MB 1067

時間

Thursday

聯絡方式

emwang@mail.nctu.edu.tw