universidad de especialidades espíritu santo

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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:
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
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