UNIVERSIDAD DE ESPECIALIDADES ESPÍRITU SANTO FACULTAD DE ESTUDIOS INTERNACIONALES SYLLABUS ENGLISH VERSION FOR DAC 11 VER 12 03 09 COURSE: Legal English FACULTY: Maritza Reynoso de Wright # CONTACT HRS: 48 YEAR: 2011 DAYS: Mon-Thursday ROOM # : Lab. G2 CODE: UING437 CREDITS: 3 #NON CONTACT HOURS: 96 PERIOD: WINTER SCHEDULE:18:00-19:20 DATE: December, 2010 1.- DESCRIPTION: This bilingual course introduces students to the world of legal English in Constitutional (Bill of Rights as key safeguards in Criminal procedure) and Criminal matters. Useful language tool for translators, interpreters, attorneys, journalists & businessmen. Students enhance their English language skills with actual legal documents and learn to use the appropriate terminology. This course focuses on criminal and constitutional law. Special readings complement research and glossary-building. Legal terminology is studied within these areas of the law and the interaction with Ecuadorian Constitutional law is key factor to make the class proactive. 2.- JUSTIFICATION: Lawyers, translators, interpreters, journalists, businessmen, etc. are bound to understand and master their skills in legal terminology. 3.- OBJECTIVES 3.1 GENERAL - Categorize and interrelate the process of criminal law through common law, constitutional law, statutory law and case law. - Distinguish between substantive and procedural criminal law. - Evaluate, categorize, classify, interrelate and identify crimes as to seriousness, parties, elements and degree of completion. - Understand the interrelationship among the various components of the criminal justice system. -Identify the functions of the criminal justice system's major components; i.e., police, prosecution, courts, probation, corrections, and parole. -. Understand the causes and consequences of crime and criminality. . 3.2 SPECÍFIC - Definition of crime, criminal law and punishment - General classification, parties, elements, degree of completion of crimes - Personal crimes - Property crimes - Public crimes - Glossary of terms 4.- COMPETENCIES To describe and analyze the differences between the legal system of Ecuador and system in the USA. Students will not only benefit from the learning of terminology but also they will learn about both legal systems giving them a solid background on the matter. 5.- COURSE CONTENT OUTLINE DATE Specific competencies JAN.10 11 Content Course overview Student describes the separation of powers between the state and federal governments. Analyzes the reasons why state government and federal government have different functions in particular areas. Describes the branches of the Government of Ecuador 12 Constitutional law: Students will learn about powers and duties of state governments in comparison with the federal government. They will also learn about the structure and division of powers in Ecuador, learn and compare terminology Articles of the US Constitution – Checks and Balances The Legislative, Executive and Judicial Branch. Compare with the 5 Branches of the Government Homework/projects/a ASSESSMENT ssignments (Non-Contact Hours) Assignment: Students must bring the Constitution of Ecuador and download the US Constitution Prepare a comparative chart and make a class presentation Prepare relevant vocabulary Compares legal systems and statutes and applies the new terminology 4 hours Homework Mandatory Readings: Landmark cases: Judicial Review: Marbury v. Madison Researches Self-Incrimination: Miranda v. Arizona Due Process:Gideon v. Wainwright 12 hours Review and collection of homework 13 Class Presentation comparing Constitutional provisions. Vocabulary 17 Bill of Rights: Bill of Rights Homework Emphasizes on The student evaluates the meaning of the 4th, 5th and the 8th amendments by deciding how a series of cases should come out. The student will learn the role of the Supreme Court in interpreting the Bill of Rights. The first 10 amendments to the Constitution. Emphasis on the 4th, 5th, and 8th. Amendments. 18 Class Presentation of Landmark Cases 19 Introduction to the meaning of Criminal law and Procedure Criminal Law: Theories of punishments. Criminal Procedure: Arresting of suspects Searching of premises and persons, etc. Criminal Law and Procedure: A brief introduction to criminal law. Felonies and misdemeanors. Constitutional limits on punishments, Sources of Criminal law. Meaning of Criminal Procedure: this term refers to methods by which the criminal justice system functions. Case Presentation: First stage of Criminal Procedure: Arrest and Arraignment In-class discussion Collection of homework 20 24 Arrest, Probable Cause and Search Warrants Fourth Amendment: applies to searches and seizures of property and to arrests of persons. “expectation of privacy” doctrine, Significance of Trespass amendments applicable to criminal cases. Helps improve terminology. Homework: Compare and contrast US v. Ecuador 4 hours Homework: Compare and contrast US v.Ecuador criminal procedure 4 hours Vocabulary homework Practices speech. Recognizes Criminal regulations and procedures, improves terminology and legal culture. Applies and recognizes what has been learned. 25 Case Presentation: The trial and Presentation of evidence Curtilage “plain view doctrine” 26 27 Class exercises Review for the mid term exam FEB 1 2 MID TERM EXAM Case Presentation: The charge, verdict and sentence Criminal Terms explained Search Warrants – Issuance and Execution: Who may issue Affidavit Ex parte nature of warrant 3 7 What may be seized: Incriminating evidence Warrants against non suspects Subpoena not necessary Reading: Gideon´’s Trumpet Students are required to review criminal law and procedures in Ecuador and make a comparison chart 4hours Execution of warrants. Entry without notice Preventing destruction of Evidence 8 9 10 14 15 Warrantless Arrests and searches: Warrant not always required. Arrest warrants Search Warrant Exigent circumstances Preparation of Glossary of Terms Presentation of chart. Quiz Formal Proceedings: Grand Jury Proceedings Bail and Preventive Detention Plea Bargaining Formal Proceedings: Teacher covers aspects of the criminal procedure system once formal proceedings have begun Self Incrimination and Immunity: Counselman v.Hitchcock 3 hours Prosecutor may refuse to bargain: Weatherford v. Bursey3 hours against the defendant (as opposed to the investigative phase, covered 16 17 21 22 23 24 28 MAR 1 Right to a Speedy Trial Pre-trial Discovery Prosecutor’s constitutional duty to disclose Discovery for the Prosecution The Right to a jury Trial Serious criminal prosecutions Waiver Size and unanimity of the Jury The Trial Double Jeopardy Presentation of cases Summary of Gideon’s Trumpet Review for the exam Review 6.- METHODOLOGY: Professor presents federal question case and criminal case which serves as the basis for understanding the different stages of a criminal proceeding. Discussions in class will compare and contrast the way this case is handled under the US legal system and under the Ecuadorian legal system. Professor explains each stage of the case and introduces the appropriate terminology. Examples of real cases are given to illustrate the legal terminology. Discussions in class offer the context (language, culture, legal systems, history of law) necessary for students to develop good diction skills. Thus, students learn the usefulness and value of different types of legal dictionaries available. Students learn to choose and apply the appropriate terms. Students are assigned research topics and will make presentations in class either individually or in groups. Students prepare for class, expand their knowledge of the law and vocabulary through selected readings. Examples of homework assigned are: a) Download information from Internet about landmark cases i.e. Miranda v.Arizona; Gideon v. Wainwright, etc. b) Preparation of specific documents, i.e. Police Report, Probation Report. c) Research differences between similar legal terms and/or legal definitions (i.e. parole probation, and O.R.; jury and Grand Jury; petty offense, infraction, misdemeanor, felony; theft, larceny, robbery, assault, burglary), or issues such as trial by court or trial by jury, and so on. d) Glossary-building (bilingual) 7.- EVALUATION 7.1. Assessment criteria - Participation in Class - Research - Class Presentation - Exams 7.2. Performance markers Expresses ideas properly in this area of the law. Identifies statutory law and case law. 7.3. Weighting Participation in class: 100 Class Presentations: 100 Quizzes 100 8.- BIBLIOGRAPHY 8.1 US Constitution, Constitution of Ecuador, Code of Criminal Procedures in Ecuador 8.2 Download landmark cases 8.3 Hand outs to be provided by the teacher. 9.- FACULTY INFORMATION : Name: Maritza Reynoso de Wright University Professor of Legal English Lawyer GRADUATE: Lawyer Degree – Universidad Laica Vicente Rocafuerte Post Graduate Degree in Business Law – Universidad de Loja Studies in Human Rights prior to a PHD – Universidad Católica de Guayaquil Notary Public in the State of New York E mail: mwright@vidalwrightaw.com 10.- FACULTY SIGNATURE AND OR DEAN/DIRECTOR’S APPROVAL (SIGNATURE) Prepared by: Maritza Reynoso de Wright Date: December, 2010 Reviewed by: Dean Monica Reynoso Date: December, 2010