American case law

The aim of the course is:

to introduce students the US precedent law, as part of the common law system and the importance of precedents in the American legal system

to show the specificity of American thinking about the law, methods of analysis of legal cases

to acquaint students with the basics of American reasoning and legal argumentation

to discuss the importance of the doctrine of activist judges in the US and disputes on its borders

The course content:

- Introduction and brief characteristic of common law system

- the history and the role of precedents in common law system

- structure of american judiciary

- the notion of a precedent (stare decisis), types and divisions of precedents

- structure of a precedent: ratio decidendi and obiter dicta

- Discussing most significant american precedents

- How to read a case in common law system

- legal reasoning and argumentation in precedents

- doctrine of judical activism and its borders

Basis Literature:

Cross Rupert, Harris James W. 1991. Precedent in English Law. Oxford: Oxford University Press

Frederick Schauer, Thinking Like A Lawyer: A New Introduction to

Legal Reasoning, Harvard University Press, 2012

Knowledge

Student knows the history of the evolution of political systems and legal systems, institutions of law and its sources; understand the impact on the functioning of the legal culture of society, public authorities and institutions; He or she knows the concept of legal language and legal systems of common law; He or she knows and understands much of sources of law in the Anglo-Saxon system, understand the concept: the right of judges, the principle of the old deisis, the ratio decidendi and obiter dicta; He or she has knowledge of court procedures in common law jurisdictions and the role of interpretation in this type of law.

Skills

Student has the ability coherent, substantive thinking and expression in speech and writing on topics selected issues related to the common law legal culture with the use of theoretical and practical knowledge also in conjunction with and for other disciplines; He or she has the ability to identify similarities and differences in the criteria for shaping the continental and Anglo-Saxon system of law; He or she has the ability to analyze the interpretation of judgments; He or she makes identification of argumentative strategies and has the ability to present their own theses and views.

Social competence (attitudes)

Student has ability to analyze the contemporary significance of the legal systems and the challenges of globalization and regionalization; shaping attitudes towards affirming the diverse legal cultures; He or she has awareness of their knowledge and skills; understands the need for continuous education and development; the ability to deepen their knowledge and keep up with the changes in the law

oral exam with open questions (tasks)

Evaluation: based on the knowledge presented during an oral exam