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: 2009 DAYS: Mon-Thursday ROOM # : Multimedia CODE: UING 436 CREDITS: 3 #NON CONTACT HOURS: 96 PERIOD: FALL II SCHEDULE: 08:50-10:15 DATE: October, 2009 1.COURSE DESCRIPTION This bilingual course introduces students to the world of legal English or “legalese’s”. It explores the cultural and linguistic differences between the common law and the civil code systems as they pose particular challenges for translators, interpreters, attorneys, journalists, law students and businessmen. Students enhance their English language skills with actual legal documents from both judiciary systems presented in class for reading comprehension and analysis. By comparing and contrasting the meanings of the legal concepts in both systems, students learn to use the appropriate terminology. Students learn about different kinds of “false cognates” – differences (technical, non-linguistic stemming from definition of terms by Ecuadorian law and common law systems (for example, judgment, sentence) as well as differences (cultural, linguistic) in terms of connotations. 2. JUSTIFICATION Translators, law students, businessmen are required to understand the legal terminology to prevent mistakes or misunderstandings in legal matters. 3. OBJECTIVES a. GENERAL To learn the common law system comparing it with the civil law system.. To use proper legal terminology. b. SPECIFIC Understand and apply proper legal terminology. Students will be introduced to selected areas of US law, such as civil law, family law, contract law, etc. 4. COMPETENCIES To identify nature of a legal document. To understand the Common Law System and compare it with the Civil System, precise with the Legal System in Ecuador which is extremely helpful for individuals doing business in Ecuador. To identify the source of a document. 5. COURSE CONTENT OUTLINE DATES & SESSIONS Session 1 October 28 Session 2 October 29 CONTENT HOMEWORK/PROJECTS/ ASSESSMENT ASSIGNMENTS SPECIFIC COMPETENCIES Unit 1: Gideon Trumpet Page 1 to 1.1 Non-Court documents: 118 Affidavits, Depositions, Power of Attorney. Download from Internet other Non Court documents. 1.2: Preparation documents of Non-Court Familiarizes with documents used by Individuals, lawyers, courts, etc. Session 3 November 4 Session 4 November 5 The student identifies the US Constitution as the supreme law of the land and the effects in the Citizens. Unit 2: 2.1 The US Constitution as a compact. First articles, separation of powers, checks and balances. Compare The student establishes with the Constitution of Ecuador. similarities with the Constitution of Ecuador. 2.2 Bill of Rights.- Safeguards for citizens. Fundamental Rights.- Rights given a high degree of judicial deference. Download the US Constitution, Meaning of terms provided in class. Research work: Compare the Constitution of Ecuador and the US Constitution with regard to Bill of Rights. Prepare a list of fundamental . rights and give examples.. Due Process and Equal protection Clauses Supremacy Clause Session 5 November 9 Identifies terminology and impact in the lives of citizens. . In-class discussion. . Session 6 November 10 The Student identifies the Unit 3.Mixed System of Code-Based 3.1 Common law and Common Law Equity Law. Read pages: 118- 140 Law, Civil Law, Reading Control.- Gideon Trumpet Session 7 November 11 3.2 Statutory Law in Common Law Research: Precedential Effect System. of Court Decisions: Binding Stare Decisis Effect; Forms and General Nature of Case Persuasive Stare Decisis Law. effect Identifies a system of laws based on precedents. General review of the US system Read 140 - 180 of laws. Session 8 November 12 Reading Control. . Session 9 November 16 Session 10 Unit 4.- Civil Litigation Research.- Origin of Writs.Applies a correct 4.1 Pleading Stage. Compare with Writ of Habeas Corpus, terminology in the Ecuadorian Civil Procedure Mandamus, Certiorari, legal actions . The Student identifies the Supersedeas, etc. Civil Litigation process November 17 . 4.2 Review of new terminology. Exercises Session 11 4.2 Discovery Stage November 18 Depositions Interrogatories Requests for Admission Requests for Production Session 12 4.3 Statement of Readiness.Jury Selection Trials November 19 4.4 Appeals Writs Review of the Litigation Process Session 13 Prepare Terms. Glossary of . Read from 180 to end . November 23 Session 14 November 24 Session 15 November 25 . Collection of Glossary of terms . Class exercise Reading Control.- Review for the exam. Glossary of Terms. . Session 16 November 26 Session 17 November 30 EXAM The student identifies and applies terminology concerning family law and probate law. Unit 5. Family Law Buffalo Creek disaster 1- Family issues 5.1 Ceremonial vs. Common Law 145 and legal marriages. Termination of solutions. Marriages. Grounds for Divorce. Corroboration requirement December 1 5.2 Estates and Probate Law Wills and Testaments Guardianships Session 19 .. Terminology.- Exercises. Review of Family and Estate law. Session 18 December 2 Download from internet a Will. Verify terminology . Reading Control Session 20 December 3 . Session 21 December 7 Session 22 Unit 6.- Real Estate.- Title and Buffalo Creek legal owners, Contingencies, 145- to end. Adverse Possession Disaster Analyzes different kind of deeds. 6.1 Deeds.- Warranty Deeds .Download from internet a and Quit Deeds. Real Estate Contract 6.2 Review of documents, deeds, verify terminology Class exercises December 8 Session 23 December 9 Session 24 December 10 The student differentiates different kind of contracts and terminology. Unit 7.- Contracts 7.1 Contracts under the Common Law 7.2 Contracts under the Uniform Commercial Code Download a contract under common law Gives a good understanding of the law of Contracts. Session 25 December 14 Session 26 December 15 Session 27 December 16 Session 28 7.3 Classification of Contracts Unilateral vs bilateral Express, Implied Executed vs executory 7.4 Operation of Contracts and Remedies for Breach of Contracts Download under UCC a contract End of Glossary. Reading Control. Review for the exam . December 17 MIDTERM: FINAL EXAM: 6. METHODOLOGY Participation in class. Exercises/Translation Use of technological resources. Use of dictionaries NOTE: The students that don’t hand out the homework on time, will be allowed to give it on another day but it will be graded over 70. 7.- EVALUATION 7.1 Assessment Criteria Class participation Research 7.2 Performance Markers The student identifies and applies ample legal terminology and culture of the US legal system. 7.3 Weighting Class Participation Reading Control Research Exam Quizzes 10% 40% 50% 100% 8. BIBLIOGRAPHY REQUIRED Spanish/English/Spanish Dictionary Law 101 Brien A. Roche US Constitution Ecuadorian Constitution Internet Resources WEBLIOGRAPHY EBSCO DATABASE 9.FACULTY INFORMATION NAME: MARITZA REYNOSO DE WRIGHT ATTORNEY AT LAW 4TH LEVEL DEGREE IN BUSINESS LAW E-mail: mwright@vidalwrightlaw.com Prepared by: Maritza Wright Reviewed by: Dean Monica Reynoso Date: October 5, 2009 Date: October,2009