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Poslední úprava: HRDINOVA/PRF.CUNI.CZ (09.09.2010)
The purpose of this course, however, is not only to provide a survey of U.S. business law, but to also simultaneously illustrate and reinforce several unique features of U.S. law and legal education as follows. First, this course will expose the students to the process of U.S. legal education. In a typical U.S. law school classroom, the professor engages students by asking questions, and the students are encouraged to ask questions of the professor. I therefore encourage all students to come to class prepared to answer questions and to ask questions. This characteristic of U.S. legal education is sometimes called the "Socratic Method," which refers to the Greek philosopher, Socrates, who pursued knowledge through the dialectic of question and answer. Due to our time constraints, however, I will also lecture during a portion of each class. Second, this course is also designed to educate the students about the process of lawyering in the U.S. and about unique aspects of the U.S. legal system. In the law school classroom, we sometimes describe U.S. legal analysis and the approach to problem-solving as "thinking like a lawyer." In this system, which has its origin in common or case law, the law is always changing and evolving through judicial interpretation. The U.S. legal system is increasingly dominated by enacted law, but U.S. courts continue to play an integral role in interpreting and applying the various types of enacted law, including statutes, regulations, and ordinances. Although the law is constantly changing and evolving, the manner of thinking about it remains the same. It is also typical of the U.S. adversary system that law students, lawyers, and judges must learn to understand each party?s perspective or argument as to each legal issue. The duty of a U.S. lawyer is to raise every reasonable argument on behalf of a client regardless of the lawyer?s personal opinion. Some arguments are legally or factually inconsistent, that is, a lawyer must assume contradictory interpretations of the law and facts. We refer to this aspect of legal argument as arguing in the alternative. A lawyer does not concede an argument or any facts in a case by making inconsistent, alternative arguments. Lawyers, judges, and law students also employ hypothetical fact patterns to illustrate the limits of a court decision or law. Sometimes a professor will create a hypothetical fact pattern by changing some of the facts from a case you read and ask you to predict whether the outcome will be different or will remain the same. Some of these hypothetical facts may seem implausible or possibly even silly. The professor changes the facts in this manner to illustrate the outside limits of a court decision or law or to illustrate potential future problems created by the court?s decision or application of the law. |
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Poslední úprava: HRDINOVA/PRF.CUNI.CZ (09.09.2010)
Week 1 Classes #1-2 Introduction to the U.S. Legal System; discussion of a three-tier dual system (federal and state levels). Civil law versus common law (compare and contrast). A crime versus a civil wrong. "Tort" as a concept and its role in American jurisprudence. Liability issues under the theories of contracts and torts: which of the two causes of action is the most applicable and why? What can a plaintiff recover and how should she go about it? Overview of legal education in the United States: study skills to be learned in American law schools and the Socratic Method. Classes # 2-3 Lawyering skills in a common law system: rules of law, synthesis, analogy & distinction. Objective versus persuasive writing. Discussion of using IRAC and CRAC formats for drafting memos and briefs. Week 2 Classes # 3-4 Litigation process in the United States and how it is perceived all over the world. Discussion of famous cases: Paula Jones v. Bill Clinton, "McDonald?s Hot Coffee" case, Arthur Anderson v. United States and others. Classes # 4-5 Basis for tort liability. An introductory overview of intentional torts, negligence, and strict liability (compare and contrast). Torts involving intent. Examine the general concept and specific elements of each individual tort: battery, assault, false imprisonment, and intentional infliction of emotional distress. Affirmative defenses to intentional torts: consent (expressed, implied, apparent, induced by fraud), mistake, self-defense, defense of others, defense of property, and necessity. Week 3 Classes # 5-6 Negligence and its essential elements. The concepts of duty of reasonable care, breach of duty, and causation. Discuss proof of negligence (including res ipsa loquitur), as well as the concept of foreseeable risk and a reasonable person standard. Affirmative defenses to negligence: plaintiff?s negligence (distinction between contributory and comparative negligence approaches), and assumption of risk. Liability without fault--strict liability torts: situations involving wild animals, and excessively dangerous activities. Affirmative defenses applicable to strict liability torts: contributory & comparative fault, assumption of the risk (majority v. minority views on both). Classes # 6-7 Discussion of various types of damages that could be alleged and recovered by a successful plaintiff: nominal, compensatory, and punitive. The theory of respondeat superior/vicarious liability. Introduction to contracts: the sources of contract law & the perspective of contract theory. Enforcing promises & intention to be bound. Contract formation: offer, acceptance, consideration; bilateral & unilateral contracts. Offeror?s power to revoke. Doctrines of reliance and restitution. Avoiding enforcement: implied terms; the obligation of good faith; incapacity, duress and undue influence.
Week 4 Classes # 7-8 Agency Formation and Duties. Introduction to employment law; employment contracts versus employment at will. The equal opportunity in employment law; federal and state anti-discrimination law. Classes # 8-9 Personal Property and Bailments; Real Property and Landlord-Tenant Relationships. Business Organizations-Sole Proprietorships and Franchises; Partnerships and Limited Liability Partnerships. Limited Liability Companies and Special Business Forms; Corporations-Formation and Financing; Corporations-Directors, Officers, and Shareholders.
Week 5 Classes # 9-11 Criminal Law and Cyber Crimes. Introduction to Legal Ethics and Legal Malpractice. Classes # 11-12 Legal Ethics versus Legal Malpractice (cont.), Insurance, Professional Responsibility and Accountability. To conclude the course, we will discuss the legal and ethical environment of business. Week 6 REVIEW AND FINAL EXAM |
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Poslední úprava: HRDINOVA/PRF.CUNI.CZ (16.09.2010)
Výuka probíhá v anglickém jazyce - jako bloková výuka na přelomu října a listopadu.
Vyučující: Prof. K. Lewinbuk, South Texas College of Law |