FORMATO DE SYLLABUS

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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
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