Advanced Legal English - 6 crediti

The course aims to develop competence in legal English to an advanced level in the full range of language skills, both written and oral/aural and to familiarise course members from civil law countries with the workings of a common law legal system, through the practical development of both language and legal skills. Awareness will be developed of variations in legal English in different national contexts and in international and European Union law. 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 (legislation, case law, treaties); a systematic approach to learning legal terminology and appropriate legal expression is an integral part of the learning process. The following topics are covered: (I) Sources of English law and  the British constitution, the impact of European Union and European Convention on Human Rights law; (II) Human rights protection in the common law and the European Convention on Human Rights, with case studies in freedom of religion and freedom of expression; (III) Common law method and the language of civil law and proceedings, with in-depth terminology focus on the law of torts; (IV) European Union law and language with special reference to proceedings before the Court of Justice. Specialised terminology work in other branches of law may be inserted on request.

Course content

I)  Sources of English law, the British constitution and supremacy of EU law

Legislation and the courts: relative roles of legislation and judicial precedent, of the legislature and the courts; examples of legislation: Contract law and Criminal law. Constitutional legislation and EU law: legislation as a source of constitutional law; European Communities Act 1972, European Union Act 2011; Parliamentary sovereignty and the supremacy of EU law.

The English judgment - case studies:

British constitution and the Treaty of Rome: Blackburn v Attorney-General (Court of Appeal)

Labour law, sex equality and the supremacy of EU law: Macarthys v Smith (Court of Appeal)

II) The Language of Civil Law and Common Law Method.

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.

The English judgment - case studies:

Miller v Jackson (Court of Appeal: remedies – the injunction; torts of negligence, trespass and nuisance. Extracts in book.)

Donoghue v Stevenson (House of Lords landmark judgment: tort of negligence and judicial law-making. Extracts in book.)

III) Human rights protection in the common law and the European Convention on Human Rights.

The international human rights movement from the Universal Declaration of Human Rights to the Charter of Nice; focus on freedom of religion and freedom of expression. European Convention on Human Rights (ECHR). Protection of human rights in the British constitution; Convention rights in the British constitution before and after the Human Rights Act 1998; rights protected in 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.

The English judgment - case studies:

R (on the application of Begum) v Headteacher and Governors of Denbigh High School (extracts in book).

Judgments of the European Court of Human Rights – case studies:

ECtHR Fact sheet on Freedom of Religion (May 2013 or more recent update, as available);

Animal Defenders International v the United Kingdom (Application No. 48876/08) Grand Chamber judgment ECHR 124 (2013) of 22.4.2013 (Article 10 freedom of expression – restrictions on right to participate in public debate – political TV advertising)

IV) European Union law and language

Composition, jurisdiction and procedure of the Court of Justice of the European Union. Judgments of the Court of Justice. Sources and terminology: consulting resources on the official EU website. Examination of a selection of legal sources and official information. Use of bilingual parallel texts for language study.

Understanding case law: reading a judgment of the European Court of Justice.

Judgment of the Court of Justice – case studies:

Case 129/79 Macarthys v Smith (preliminary ruling procedure, equal treatment of male and female workers. Extracts in English for Law).

Language level

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.

Exam

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. Credit will be given for your capacity to illustrate your knowledge by commenting on an original legal text brought to the exam room (oral exam only).

There are two parts to the exam: a written paper and an oral test.

The written paper (90 minutes) consists in an essay-style answer to one open question on one of the four modules of the course, of the candidate’s choice.  Candidates must pass the written exam before enrolling for the oral. Regular attenders may take a reserved written exam (pre-appello) at the end of the course (Rovigo – December 2013; Ferrara – May 2014)

The oral test: students who attend the course regularly may choose two topics for oral discussion from the syllabus, one of which may be 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 and will be questioned on other parts of the syllabus, too.

Texts and materials

A) Adopted textbook: Legal English and the Common Law, 2nd edition, Alison Riley, Cedam, Padova, 2012, complete with Legal Grammar Handbook by Patricia Sours, recommended for legal grammar consultation.

- Only if you have not taken the foundation course in Legal English at Ferrara University, please read chapter 1 of the textbook, entitled English in Legal Contexts, before the first lesson.

- 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 Serena 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.

B) Available in the Department library: English for Law, Alison Riley, Longman, Harlow, UK, 1991.

- From Unit 5 - Section Two: Language of EC Law (pages 90-99 + key 217-220) for Macarthys Ltd v Smith [1981] 1 All ER 111.

C) 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/ (Click Basic texts). Translations into other languages are also available for reference.

- European Court of Human Rights Fact sheet on Freedom of Religion, May 2013 or more recent update, as available, on www.echr.coe.int/echr/en/hudoc/

- Animal Defenders International v the United Kingdom (Application No. 48876/08) Grand Chamber judgment ECHR 124 (2013) of 22.4.2013 on www.echr.coe.int/

- 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. And, Macarthys Ltd v Smith, Case 129/79 (1981) CGCE   http://eur-lex.europa.eu

D) Other English case law available on the Internet: www.bailii.org

- Blackburn v Attorney-General [1971] EWCA Civ 7 (Court of Appeal Civil Division England and Wales) .

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.