Course

Introduction to the American Legal System - JURD7787

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 3

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Equivalent: LAWS3087

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

The American legal system is one of the most influential and important legal systems in the world. It is quite likely that lawyers outside the United States will come into contact with American law, American lawyers or American clients, and would thus be better served for having an understanding of the essential characteristics and aspects of the American legal system. In addition, given the influence and role of the United States in the world, American legal concepts, ideas and approaches are often borrowed or considered by non-American courts and legislatures as they develop their own law. But, successful transplantation is difficult, but made easier through a knowledge of the borrowed legal system and a corresponding ability to then critically evaluate the value and utility of any proposed transplantation.

The course will focus principally on the study of the federal and state legal systems within the United States of America. The course will include consideration of the primary features of the American legal system, including: U.S. legal history; U.S. judicial structure and operation; the U.S. Constitution; and the legislative and administrative structure and process. The course will also include discussion of American legal actors, including American lawyers, legal education, judges and other participants in the American legal system.

Course Aims

  • Knowledge and understanding of the the American legal system, at the federal and state levels.
  • Knowledge and understanding of the role of the different legal actors in the American legal system, including that of lawyers, judges, law students, professors, government attorneys and so on.
  • Knowledge of the basics and essentials of the American judicial, legislative, and executive functions and operations.
  • Knowledge of the basics and essentials of the US Constitution and its jurisprudence.
  • Awareness of ethical and legal issues within the American legal system.

Learning Outcomes

At the conclusion of this course, students should be able to:

1. Demonstrate familiarity with the American legal system.

2. Appreciate the differences between the Australian and American legal systems.

3. Engage in debate about contemporary legal issues in America.

Assessment

Class on Kensington Campus
  • Class Journal: 40%
  • In-Class Participatinon: 10%
  • Final in-class Examination: 50%
Class in America
  • Essay Proposal: 10%
  • In- Class Participation: 20%
  • Research Essay: 70%
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