(Legal English)
Course Number: 070434
Applicable Majors: Law (Undergraduate)
Total Credit Hours: 54 hours of credit: 3 points
Prepared by: Zha Xiaowen, Legal Department, Ministry of Social Sciences
Preparation time: 165438+October 30, 2005.
First, the status, nature and tasks of the course (status, nature and teaching purpose)
"Legal English" is a required course for law majors and is based on the college English teaching syllabus. Improve the teaching requirements at the college English application ability stage, adapt to the needs of further expanding the form of foreign exchange after my country's accession to the WTO, and cultivate more legal talents with solid legal professional knowledge and proficient foreign language abilities.
This course takes Anglo-American law as the core of teaching, including English legal terminology, comparison between the Anglo-American legal system and the civil law system, professional introduction to British and American lawyers, major Anglo-American departmental laws, selected WTO legal documents, and international economic and trade law. , application of legal research skills and resources, etc.
This course lasts for one semester. The teaching purpose is to cultivate and improve students' English application ability in the legal field. Under the guidance of teachers, students can master the basic concepts, theories and professional terms of law by reading some selected English legal articles. In the teaching process, we focus on expanding students' professional vocabulary and improving their English reading comprehension. At the same time, this course uses various forms such as personal speeches and group discussions to increase students' language practice opportunities, allowing them to combine professional knowledge with English knowledge, and ultimately possess strong English oral communication and translation abilities.
According to college English teaching standards, Legal English is a compulsory course for law school students, aiming to cultivate more legal experts who are familiar with foreign legal systems.
The main content of this course is the common law system, including
legal terminology, international business and trade law, comparison of the common law system and the civil law system, introduction to the legal profession, common law Department's Legal Department, Supplementary Readings on the WTO, Legal Research Techniques and Sources (Presentation and Legal Writing Techniques).
Legal English lasts for one semester and is designed to cultivate students’ ability to use English in the legal field. With the help of teachers, students can successfully master some basic legal terms and theories and learn law by reading some selected English legal articles. In the process of teaching and learning, the focus is on expanding students' legal English vocabulary and improving their English reading comprehension. At the same time, this course uses teaching methods such as personal speeches or group discussions to provide students with as much language practice as possible to help them combine professional knowledge and English knowledge well. Finally, they can successfully complete the course learning better English speaking skills for communication and translation.
2. The relationship between this course and other professional courses (essential knowledge for learning this course) (essential knowledge)
Students should pay attention to the study of other legal core and professional courses. Master basic legal knowledge and concepts, and study the common law system carefully while studying.
3. Teaching content, class schedule and basic requirements (course content, teaching schedule, basic requirements).
This course takes into account the learning and application of English language and legal professional knowledge in the arrangement of learning content.
(1) Introduction to Legal English (2 hours)
1. Basic requirements
(1) Classify law in different ways
(2) Learn how to read cases
(3) Learn presentation skills
(4) Learn how to express opinions or ideas
(5) Understand how to learn legal English, including how to use legal dictionaries, online resources and reference books
2. Key points and difficulties
Key points: the scope of law; how to read cases
Difficulty: Ways to express opinions or ideas and agreement
3. Description
Introduces the background significance, teaching arrangements, learning methods, related reference books and main content of this course Content; use lecture teaching method; students participate in discussions; after-class writing exercises
(2) Legal system Legal system (2 class hours)
1, basic requirements
(1) Clarify the difference between the common law system and the civil law system
(2) Have a clear understanding of China’s legal system
(3) Master the relevant legal vocabulary
p>2. Key points and difficulties
Key points: Common law legal system
Difficulty points: The difference between the common law system and the civil law system
3. Description
Adopt lecture method and comparative method when explaining; student oral training (role play, group activities); after-class writing and translation exercises
Thinking questions:
< p>(1)Why is common law often called common law(2)Are the common law system and the civil law system completely different? What do they have in common?
(3) Is common law superior to civil law?
(3) Legal profession (2 hours)
1. Basic requirements
(1) It is necessary to clarify the legal profession in the United States
( 2) Learn certain legal terms, such as practicing lawyer, legal document, partner, practice prevention law
(3) Understand the process of hiring a lawyer
(4) Be familiar with some matters related to hiring Practical phrases related to lawyers
2. Key points and difficulties
Key points: The status of the American legal profession
Difficulties: Some useful expressions for hiring a lawyer
3. Description
Adopt lecture teaching method; student oral training (role play, group activities); after-class writing and translation exercises
Thinking questions:
< p>The process of hiring a lawyer(4) Legal educationLegal education (2 hours)
1. Basic requirements
(1) Clarify the requirements of American legal education Curriculum setting
(2) Distinguish between case teaching method and lecture method
(3) Learn some legal terms: regulatory state; clinical education; lawyer service; law school; in prestigious universities Legal fields
2. Key points and difficulties
Key points: text
Difficulties: legal phrases:
3. Description
p>In this class, students will be divided into groups, and each group of students will study and prepare explanation materials on their own (group work and
presentation); student oral training (role play, group activities) ; After-class writing and translation exercises
Thinking questions:
(1) What is the only way to prepare to become a member of the American legal profession?
(2) What is the main function of American law schools?
(3) What are the advantages and disadvantages of case teaching method in legal teaching?
(4)What does legal level mean?
?Judicial systemJudicial system (3 hours)
1. Basic requirements
(1) Clarify the American court system and the British court system
< p>(2) Distinguish between the court of first instance and the court of appeal(3) Clarify the judge’s position in the court
(4) Learn certain legal vocabulary, such as jurisdiction, prosecution, Plaintiffs, defendants, lawsuits, petitions, etc.
2. Key points and difficulties
Key points: the U.S. court system
Difficulties: legal voice
3. Description
Adopt lecture teaching method; student oral training (role play, group activities); after-class writing and translation exercises
Thinking questions:
(1)How many are there in the United States?
Less court system? What are they
(2) What is the three-tier model
(3) How are state court judges usually selected?
(4)How long do judges usually serve in office in the United States?
㈥Constitution (3 hours)
1. Basic requirements
(1) Understand the characteristics of the U.S. Constitution, the basic principles of government and its amendments
(2) Learn legal terms: judicial interpretation; National Assembly; implementation; checks and balances; separation of powers; federalism
2. Key points and difficulties
Key points: text< /p>
Difficulty: Legal Stage
3. Description
Adopt lecture teaching method; student oral training (role play, group activities); after-class writing and translation exercises< /p>
Thinking Questions:
Where does the U.S. Constitution embody the principle of separation of powers and checks and balances?
(7) Administrative Law (3 hours)
1. Basic requirements
(1) The scope of administrative law must be clear
(2) Understand the definition of "agency" in federal administrative procedures
(3) Clarify the functions of regulatory agencies and non-regulatory agencies
(4) Learn legal phrases: remedy; vest; Entrustment; authorization; administrative action; finance; welfare; review
2. Key points and difficulties
Key points: consideration of the text
Difficulty: legal stage
p>3. Description
Adopt lecture teaching method; student oral training (role play, group activities); after-class writing and translation practice
>Thinking questions:
(1) What are the three main divisions of American administrative law?
(2) What functions are performed by administrative agencies but are not part of administrative law?
(8) Criminal Law Criminal Law (4 hours)
1. Basic requirements
(1) Understand the elements of crimes in American criminal law.
(2) Clarify the type of crime
(3) Clarify what is homicide and what is justifiable homicide
(4) Understand murder and manslaughter Differences
(5) Understand what intentional homicide and federal murder are
(6) Learn legal terms: homicide; self-defense; justifiable homicide; just cause; willful, deliberate, intentional Premeditation; unwritten law; felons; murder and manslaughter; malice; capital punishment; intentional homicide; criminal sanctions; statutory crimes; death penalty
2. Key points and difficulties
Key points: Right Text Considerations
Difficulty: Legal Stage
3. Description
Use of lecture teaching method; student oral training (role play, group activities); case analysis; After-class writing and translation exercises
Thinking questions:
Some questions about the Hinckley case
(9) Contract Law Contract Law (4 hours)< /p>
1. Basic requirements
Understand the nature of the contract
(2) Clarify the contract requirements
(3) Clarify the sources of contract law< /p>
(4) Understand the difference between judicial opinions and statutory law
(5) Learn legal terms: real estate; legal system; fraud; contract tort; regulations; regulations; blind persistence; construction ; Offer; consideration; acceptance; misrepresentation; coercion; unconscionability; performance of the contract; damages; anticipated damages; agreed remedies; equitable relief; specific performance; injunction; compensation
2. Key points and difficulties
Key points: consideration of the text
Difficulties: legal stage
3. Description
Lecture teaching method is used; students speak Training (role play, group activities); after-class writing and translation exercises
Thinking questions:
Discussion: case analysis
Tort Law Tort Law (3 hours )
1. Basic requirements
(1) Understand what infringement is
(2) Learn legal terms: tort; try his claim; judgment ;Guest Charter; Restoration; Warranty; Implied Contract; Intentional Tort; Negligence; Strict Liability; Duty of Care; Contributory Negligence
2. Key Points and Difficulties
Key Points: Consideration of the Text
Difficulty: Legal stage
3. Description
Adopt lecture teaching method; student oral training (role play, group activities); case analysis; courses
p>
Later Writing and Translation Practice
Thinking Questions:
Discussion: McGuire v. Almy Case
(11) Property Law Property Law (3 hours)< /p>
1. Basic requirements
(1) Understand the background of American property law
(2) Clarify the basic principles of property law
(3) Understand the role of lawyers in real estate transactions
(4) Learn legal terms: due diligence; procedures; instruments; secondary parties; easements; safety equipment; mortgage holders; repossession of possession
p>
2. Key points and difficulties
Key points: consideration of the text
Difficulty: legal stage
3. Description
Adopt lecture teaching method; student oral training (role play, group activities); after-class writing and translation exercises
Thinking questions:
Discussion topic: What is the process of buying a house< /p>
(12)Corporate LawCorporate Law (3 hours)
1. Basic requirements
(1) Understand the legal categories applicable to U.S. commercial enterprises
(2) Learn business forms
(3) Learn legal terminology: limit the number and identity of shareholders; the internal laws of a company are governed by the statutes and case law of the place where the company was established; a partnership can... General public; general partnership; limited partnership
(4) Express similarities and differences
2. Key points and difficulties
Key points: consideration of the text
Difficulty: expression of legal stages and similarities and differences.
3. Description
Adopt lecture teaching method; student oral training (role play, group activities); after-class writing and translation exercises
Thinking questions:< /p>
Discussion topic: What is the best business organization form for Chinese entrepreneurs to do business in the United States?
(13) Commercial Law Commercial Law (4 hours)
1. Basic requirements
(1) Study Article 1, Section 8 of the Constitution
< p>(2) Understand the history of commercial clause adjudication(3) Study the modern commercial power test
(4) Study the contents of the Uniform Commercial Code
( 5) Learn legal terminology: adjudication of commercial terms; support for these decisions; due process; legal merchants; force and effect
2. Key points and difficulties
Key points: consideration of the text< /p>
Difficulty: Legal stage
3. Description
Adopt lecture teaching method; student oral training; after-class writing and translation exercises
Thinking Questions:
Negotiation Exercise: Negotiating the Purchase of a Mountain Bicycle with Mountain Tires (14) Family Law Family Law (3 hours)
1, Basic Requirements
(1 ) Understand the scope of American family law
(2) Study some cases: Loving v Virginia Bodie v. Connecticut; Califano v. Jobst Zabrocki v. Redhere
(3 )Learn legal terms: basic rights; strict scrutiny; holding; under someone’s guardianship; court order or judgment; judgment
(4) Be familiar with the terms used in marriage procedures and divorce proceedings
< p>2. Key points and difficultiesKey points: consideration of the text
Difficulties: case analysis; legal stage
3. Description
This class divides students into groups, and each group of students study by themselves and prepare explanation materials (group assignments and demonstrations); student oral training (role play, group activities); after-class writing and translation exercises
Thinking questions:
Group discussion topic: Comparison of marriage and divorce procedures in China and the United States
(15) WTO Rules WTO Constitution (3 hours)
1. Basic requirements< /p>
(1) Make it clear what is a DSU and what is a DSB
(2) Clarify the composition of the expert group
(3) Understand the WTO dispute settlement rules and procedures
(4) Clarify the basic principles of the General Agreement on Tariffs and Trade and the WTO
(5) Legal terms: identify the specific measures in dispute; contracting parties; director-general; relevant Council; Committee
2. Key points and difficulties
Key points: consideration of the text
Difficulties: case analysis; legal stage
3. Description
Using lecture teaching method; student oral training (role play, group activities); after-class writing and translation exercises
Thinking questions:
Group Discussion topic: Comparison of marriage and divorce procedures in China and the United States
(16) Civil litigation (3 hours)
1, basic requirements
(1) Clarify civil Litigation Procedure
(2) Learn how to write a legal memorandum
(3) Legal phrases: barrister; flow of evidence; referee; mistrial
( 4) Understand the typical terms used in civil court proceedings
2. Key points and difficulties
Key points: consideration of the text
Difficulties: case analysis; law Stage
3. Description
Adopt lecture teaching method; students' oral training; watch the original English movie: Erin Brockovich (Seventeen) Criminal Procedure (4 hours)
p>1. Basic requirements
Understand the procedures of criminal trials
(2) Distinguish between adversarial procedures and adversarial procedures
(3) Clear standards of proof
(4) Legal phrases: case; community confidence in decision-making process; inquisitorial system; magistrate; burden of proof; allocation of burden of proof...must prove his guilt; presumption of innocence
2. Key points and difficulties
Key points: consideration of the text
Difficulties: case analysis; legal stage
3. Description
Adopt lecture teaching method; student oral training (role play, group activities); simulation exercises
Verb (abbreviation of verb) assessment method
Assessment method: closed book examination
p>The proportion of each teaching link in the total grade: ordinary times and exams each account for 40%, and the final exam accounts for 60%.
Recommended textbooks and teaching reference books for intransitive verbs
(1) Recommended textbooks:
He Jiahong, "Legal English", Beijing: Law Press, 2004.
(2)Main bibliographies:
1. Zhao Yanli’s Legal English Course Volume 1, Xi: Xi Jiaotong University Press, 2003.
2. The latest legal English by He Zhuyu, Beijing: Machinery Industry Press
3. "Legal English Reading Tutorial 1-3" by Du Jinbang, Beijing: University of International Business and Economics Press, 2003.
4. Editor-in-chief Zhao Jian and Xia Guozuo, "English Course for Legal Professionals" Volume 1, Beijing: Renmin University of China Press, 1999.
5. "Legal English Course", edited by Sha Lijin and Lin Ping, Beijing: China University of Political Science and Law Press, 1997.
6. Tang Guimin, "Legal English Listening and Listening Tutorial Part 1", Beijing: University of International Business Press, 2004.
7. "English-Chinese Legal Dictionary" edited by Li Zongkunpan, Law Press, 1998.
8. Brian Garner, "Oxford Dictionary of Modern Legal Usage", Beijing: Law Press, 2002.
9. Catherine Elliott, Quinn F, "The English Legal System", Edinburgh: Pearson Press
10. Education Limited, 2002
p>11. Bradgate Robert, Commercial Law, London: Butterworth, 1995
12. Jill Poole, "Contract Law", London: Blackstone, 2001< /p>
13. John H. Jackson, "Legal Issues in International Economic Relations: Cases, Materials, and Texts on the National and International Adjustment of Transnational Economic Relations", United States: Western Publishing Company, 1995
< p>7. Issues that need explanation:(1) Correctly handle the relationship between reading, listening, speaking, writing and translation.
(2) Determine teaching methods based on actual conditions
Foreign language learning is ultimately the student’s own learning. The classroom is an important place for students to practice language. Classroom teaching should not only expand students' language knowledge, strengthen and improve students' language application abilities, but also help students develop good study habits before class and cultivate self-learning abilities. We must let students understand that foreign language courses are highly practical courses that require students to actively participate, practice, and accumulate.
(1) According to the students’ professional situation and English level, some reading or translation materials can be added during the teaching process, and each text and after-class exercises can be flexibly processed to better meet the needs of law students , complete the established teaching tasks of this course, and achieve the established teaching goals of this course.
(2) Classes are taught in Chinese and English. For each question, it will be carried out in three steps: 1. Background knowledge introduction (Chinese); 2. Reading and vocabulary explanation (English); 3. Oral training or classroom simulation (English)
(3 ) In the teaching process, multimedia teaching will be used to demonstrate English and American law to students in a way that includes pictures and texts.
(4) During the teaching process, students will be organized to watch English movies so that students can understand the Anglo-American legal system through the movies and stimulate students' interest in learning legal English.
(3) Pay attention to the role of teaching materials in teaching
It is necessary to make full use of the language teaching materials provided by the teaching materials to organize classroom teaching and guide students in extracurricular self-study.