ADVANCED LEGAL ENGLISH
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- Versione italiana
- Academic year
- 2017/2018
- Teacher
- ALISON CATHERINE RILEY
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- L-LIN/12
Training objectives
- This advanced level course in English for Specific Purposes aims to provide the following knowledge base: legal, linguistic, cultural and institutional knowledge in the following areas: (I) Sources of law and the British constitution. Brexit and its constitutional implications; (II) Common law method and the language of civil law and proceedings, with in-depth terminology focus on the language and concepts of the law of torts; (III) International human rights protection and the European Convention on Human Rights, with case studies in freedom of religion and freedom from discrimination; (IV) The language of contract law. Formation of contract and international commercial agreements. The principal skills developed are: competence in legal English to an advanced level in the full range of language skills, both written and oral/aural; ability to consult a range of original legal sources; awareness of the workings and method of a common law legal system, through the practical development of both language and legal skills; awareness of variations in legal English in different legal contexts, combined with advanced reference skills (dictionary and online research).
Prerequisites
- To follow this course, your general English should be of a good intermediate (B2) to advanced level. You should preferably have a basic knowledge of legal English. If you have not taken the foundation course in Legal English at Ferrara University, you are recommended to read chapter 1 of the course textbook Legal English and the Common Law (details below) entitled ‘English in Legal Contexts’, before the start of the course.
Course programme
- I) Sources of law and the British constitution. Brexit and its constitutional implications. (12 hours) The unwritten constitution of the United Kingdom. Legislation and the courts: relative roles of legislation and judicial precedent, of the legislature and the courts; supreme courts; consulting legal sources – legislation and case law. Legislation as a source of constitutional law; European Communities Act 1972, European Union Referendum Act 2015; Parliamentary sovereignty and the EU question. Brexit and its constitutional implications.
Consulting legal sources: the English judgment - case study:
British constitution and the European Union:
Blackburn v Attorney-General, 1971 (Court of Appeal)
Regina (Miller & Another) v Secretary of State for Exiting the European Union 2017 (Supreme Court)
Further materials for consultation and discussion may be indicated as the Brexit scenario unfolds.
II) The Language of Civil Law and Common Law Method. (12 hours)
Language and concepts of the law of torts with special reference to the tort of negligence. The language of civil proceedings: claims, claimants, remedies. The English judgment and the development of common law principles: stare decisis, ratio decidendi, English judicial reasoning.
Consulting legal sources - the English judgment - case studies:
Miller v Jackson (Court of Appeal: remedies – the injunction; torts of negligence, trespass and nuisance. Extracts in textbook.)
Donoghue v Stevenson (House of Lords landmark judgment: tort of negligence and judicial law-making. Extracts in textbook.)
III) International human rights protection and the European Convention on Human Rights. (12 hours)
The international human rights movement from the Universal Declaration of Human Rights to the Charter of Nice; focus on freedom of religion and freedom from discrimination. European Convention on Human Rights. Human Rights Act 1998. ‘Convention rights’: Section I ECHR; enforcement mechanisms in Section II ECHR; composition, jurisdiction and procedure of the European Court of Human Rights; examination of a selection of legal sources and official Court information. Understanding case law: reading a judgment of the European Court of Human Rights.
Consulting legal sources - the English judgment - case studies:
R (on the application of Begum) v Headteacher and Governors of Denbigh High School (extracts in book).
Consulting legal sources - judgments of the European Court of Human Rights – case studies:
ECtHR Fact sheet: Freedom of Religion (June 2017 or more recent update, as available);
ECtHR Fact sheet: Religious symbols and clothing (June 2017 or more recent update, as available).
Listening comprehension activities: Europe’s Conscience (video, European Court of Human Rights);
We never felt hopeless (BBC interview with Nelson Mandela).
IV) The language of contract law. Formation of contract and international commercial agreements. (8hours)
Terminology of contract law and proceedings. Contract and agreement. Terms and parties. Discharge of contract. Formation of contract. Disputes in contract law. Structure and language of an international commercial agreement.
Consulting legal sources - case studies in contract law (extracts in book):
- Douglas v Hello! Ltd. (House of Lords)
- Apple Corps Ltd v Apple Computer Inc (High Court Chancery Division)
- Mainstream Properties v Young (House of Lords) Didactic methods
- Interactive lessons are based on consultation and discussion of a wide variety of original legal texts in English from both national and international legal orders, with particular emphasis on sources of law and the consultation of relevant case law; a systematic approach to learning legal terminology and appropriate legal expression is an integral part of the learning process. Guidance will be given to practice and improve academic writing skills (essay-writing). Developing listening comprehension skills is an integral part of the course. In an international classroom environment, students are encouraged to describe and compare relevant aspects of their own legal systems in English.
Learning assessment procedures
- The exam is in English. Assessment is based on the candidate’s knowledge and understanding of the legal texts, terminology, notions and legal sources that are part of the course syllabus and on ability to discuss course themes with appropriate English expression; in addition, for your ability to explore the wider implications of the syllabus, making comparisons across legal systems as appropriate. Credit will be given for your capacity to illustrate your knowledge by commenting on original legal texts.
There are two parts to the exam: a written paper and an oral test. Candidates are advised to select topics for the oral and written exams from different modules of the syllabus.
The written paper (90 minutes – 50% of examination marks) consists in an essay-style answer to one open question on one of the four modules of the course, of the candidate’s choice. The use of a general monolingual learner’s dictionary is permitted. Candidates must pass the written exam before taking the oral. Regular attenders may take a reserved written exam (pre-appello) at the end of the course (May 2018).
The oral exam (50% of examination marks): students who attend the course regularly may choose one topic for oral discussion from the syllabus, which may be researched in a group and presented in class with the support of personally prepared slides in the final lessons. Students who do not attend the course are invited to select the first topic for oral discussion at the examination and will be questioned on other parts of the syllabus, too. Reference texts
- A) Adopted textbook: Legal English and the Common Law, 3rd edition, Alison Riley, Cedam, Padova, 2015, complete with Legal Grammar Handbook by Patricia Sours, recommended for legal grammar consultation (same volume, chapters 7 to 11). Reference will be made throughout the course to the entire textbook; photocopies are not permitted.
- From Chapter Two - The Language of a Legal System: 2.5 Legislation and the Courts: Advanced; 2.6 Constitutional legislation and EU Law: Advanced.
- From Chapter Three – The European Dimension: 3.2 Languages in international legal contexts. 3.4 The European Convention on Human Rights 3.5 Freedom of religion: Advanced case study, the Denbigh High School case. 3.6 L’Italia e la Convenzione europea per I diritti dell’uomo, by S. Forlati.
- Chapter Five (entire chapter) 5.1 Introduction. 5.2 Civil law and language. 5.3 Introduction to Common Law Method. 5.4 Understanding Case Law: Reading a Civil Judgment. 5.5 Understanding Case Law – Advanced: Donoghue v Stevenson. 5.6 Donoghue v Stevenson and Common Law Method.
- Chapter Six (entire chapter) 6.1 Introduction. 6.2 The Language of Contract Law: Introduction. 6.3 The Key Elements of an English contract: Formation. 6.4 Commercial Contracts. 6.5 (recommended) Reflection and Comparison. Concetto e formazione del contract, by Massimiliano De Benetti.
B) Available online from the official websites, the following texts in English:
- European Convention on Human Rights (ECHR): Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 14, Rome, 4 Nov 1950 + ECHR Protocol, Paris, 20 March 1952 (First Protocol) on the Council of Europe website: www.echr.coe.int/echr. Translations into other languages are also available for reference.
- European Court of Human Rights Fact sheet: Freedom of Religion, June 2017; Fact sheet: Religious symbols and clothing, June 2017 (or more recent updates) available at: www.echr.coe.int/echr/en/hudoc/
- Universal Declaration of Human Rights adopted by the UN General Assembly on 10 December 1948, United Nations website: www.un.org (translations into other languages also available for reference)
- http://europa.eu/ Charter of Fundamental Rights of the European Union (2007/C 303/01) (Charter of Nice) European Union website. Also download the authentic text in your language.
C) Other English case law available on the Internet: www.bailii.org
- Blackburn v Attorney-General [1971] EWCA Civ 7 (Court of Appeal Civil Division)
- Regina (Miller & Another) v Secretary of State for Exiting the European Union [2017] UKSC 5
D) Listening comprehension activities, online resources: Europe’s Conscience (video, European Court of Human Rights) http://www.echr.coe.int/echr/Homepage_EN; We never felt hopeless (BBC interview with Nelson Mandela) http://news.bbc.co.uk/2/hi/africa/8509236.stm
E) Law Dictionary: you are advised to have a personal copy of a monolingual dictionary of law terms, recommended: The Oxford Dictionary of Law Oxford University Press, Oxford, UK; for consultation in the Department library: bilingual Dizionario giuridico, Law Dictionary, by Francesco De Franchis, Giuffrè Editore, Milano, Vol I Inglese-Italiano, Vol II Italiano-Inglese and other specialised dictionaries.
F) Monolingual Learner’s Dictionary and grammar reference book: you are advised to consult a monolingual learner’s dictionary of English at advanced level, of your choice, e.g. Macmillan English Dictionary for Advanced Learners www.macmillandictionaries.com, Oxford Advanced Learner’s Dictionary www.oup.com/elt, Collins COBUILD Advanced Dictionary www.cobuild.collins.co.uk. Useful for advanced grammar reference and revision: Advanced Grammar in Use, Martin Hewings, Cambridge University Press, latest edition.
