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Anglo-American ANGLO-AMERICAN LEGAL ENGLISH, CONCEPTS ANd TERMINOLOGY Promotion Robert Badinter, 2013-2014 © École de Formation Professionnelle des Barreaux du Ressort de la Cour d’Appel de Paris SUMMARY 1 / LEGAL PRACTICE ANd PROFESSIONS P.7 LEGAL PRACTICE - UNITEd STATES P.9 Legal Education Typical American Law School Subjects Bar Admission or Membership Legal Practice and Profession Fee Arrangements Typical vocabulary and terminology regarding the activities of a lawyer Definitions of Key Words Sample CV Sample Lawyer Client Employment Contract Sample California Code Sections regarding Legal Profession responsibility Questions ENGLISH LEGAL PROFESSIONS P.20 Solicitors Barristers Queen’s Council Notary public Reforms Definitions of Key Words Questions 2 / THE AMERICAN LEGAL SYSTEM P.29 United States Legal System The Federal Court System The Federal Courts Administrative law and Courts State Law State Court Systems The Difference between Federal and State Courts American Court systems State vs. Federal Intermediate Courts of Appeal Sources of Law Checks and Balances in the American Legal System Classifications of Law and Terminology Definitions of Key Words Questions 3 / THE ENGLISH LEGAL SYSTEM P.51 ORIGINS ANd dEVELOPMENT OF ENGLISH LAW P.52 Common Law Guide to the passage of Bill Royal Assent European Union Legislation Definitions of Key Words THE ENGLISH ANd WALES COURT SYSTEM P.59 Inferior or Lower Courts Superior or Higher Courts Definitions of Key Words POLITICAL INSTITUTIONS IN THE UNITEd KINGdOM P.68 Parliament The Executive Branch The British Monarchy Definitions of Key Words Questions 4/ COMPARATIVE LEGAL CIVIL PROCEEdINGS P.74 Comparative Legal Civil Proceedings UNITEd STATES CIVIL PROCEdURE P.76 Jurisdiction Civil Procedure Class Actions in the United States CIVIL PROCEEdINGS IN ENGLANd ANd WALES P.87 The Court System The Overriding Objective Allocation to Track Court Procedure under the Rules Enforcement FRENCH CIVIL LAW SYSTEM P.91 Civil Procedure Appellate Procedure COMMON LAW VS. CIVIL LAW P.93 Approach Court structures Proceeding Judges INTERNATIONAL ENFORCEMENT OF FOREIGN JUdGMENTS P.95 Definitions of Key Words Questions 5/ ANGLO-AMERICAN COMMON-LAW CONTRACT LAW P.102 Contract Law Types of Contracts Applicable Law The Elements of a Contract Validity of the Contract Discharge or Termination of Contract Breach of Contract and Remedies Contract Checklist Contract Drafting and Vocabulary Definitions of Key Words Questions 6/ ANGLO-AMERICAN COMMON-LAW TORT LAW P.144 Anglo-American Common-Law Tort Law Common Law Intentional Torts Intentional Torts to the Person Intentional Torts to Property Defenses to Intentional Torts Non-Intentional Torts – Negligence Defenses to Negligence Strict Liability Product liability Sample Tort Complaint for Personal Injury English Tort Law Case Precedents Definitions of Key Words Questions 7/ ANGLO-AMERICAN COMMON LAW CRIMINAL LAW P.176 Criminal Law Theories of Criminal Punishment Sources of Law Common Law Elements of a Crime Common Law Criminal Offenses Participatory Offenses Valid Defenses The Differences between a Criminal Case and a Civil Case Punishment Definitions of Key Words Questions 8/ ANGLO-AMERICAN BUSINESS LAW STRUCTURES P.200 United States Business Structures Reasons to Incorporate in Delaware Control and Management of a Corporation UK Legal Business Structures The Companies Act 2006 Common Law Business Trust Common Law Non-profit Organizations Sample UK Memorandum of Association/Articles Us “Corporation” By-laws Definitions of Key Words Questions 9/ ANGLO-AMERICAN ANd EUROPEAN UNION COMPETITION (ANTITRUST) LAW p. 233 Competition (Antitrust) Law Origins and Purpose United States Antitrust Law Competition Law in the United Kingdom European Union Competition Law Articles of the European Union Treaty « Microsoft v EU Commission » Definitions of Key Words Questions 10 / INTERNATIONAL ANd ANGLO-AMERICAN INTELLECTUAL PROPERTY LAW p. 257 Introduction to Intellectual Property Copyright Law International Law Relating to Intellectual Property Patent Law Trade Secret Law Trademark Law Geographical Indications Licenses Franchise Agreements Definitions of Key Words Questions 11 / ANGLO-AMERICAN COMMON-LAW EMPLOYMENT ANd LABOR LAW P.282 Historical Background Labor Law v Employment Law United States Employment and Labor Law UK Employment and Labor Law European Labor Law Employment Agreement Definitions of Key Words Questions LEGAL PRACTICE AND PROFESSIONS P.7 ANGLO-AMERICAN LEGAL ENGLISH, CONCEPTS ANd TERMINOLOGY LEGAL PRACTICE1 ANd PROFESSIONS © École de Formation Professionnelle des Barreaux du Ressort de la Cour d’Appel de Paris LEGAL PRACTICE AND PROFESSIONS P.8 LEGAL PRACTICE ANd PROFESSIONS 1Legal Practice - UNITEd States P.9 Legal Education P.9 Typical American Law School Subjects P.10 Bar Admission or Membership P.10 Legal Practice and Profession P.10 Fee Arrangements P.12 Typical vocabulary and terminology regarding the activities of a lawyer P.13 Definitions of Key Words P.13 Sample CV P.15 Sample Lawyer Client Employment Contract P.16 Sample California Code Sections regarding Legal Profession responsibility P.18 Questions P.19 ENGLISH LEGAL PROFESSIONS P.20 Solicitors P.20 Barristers P.22 Queen’s Council P.23 Notary public P.24 Reforms P.25 Definitions of Key Words P.26 Questions P.28 LEGAL PRACTICE AND PROFESSIONS P.9 LEGAL PRACTICE ANd PROFESSIONS Legal Practice - UNITEd States After completing this lesson, one should: Understand the educational requirements needed to qualify to become an attorney in the United States Know the role of the state bar association and the function of the state bar exam 1 Be familiar with typical US law office structures Understand the legal vocabulary used by attorneys in the US Understand the fee arrangements used by lawyers Know what state law requires as professional responsibilities of a lawyer Legal Education The practice of law in the United States is controlled by the fifty individual states and their respective bar associations. Someone who wants to study law must first obtain an undergraduate degree prior to being admitted to a law school. This four-year degree or diploma consists of various required cour- ses and two years of specialization with a ‘major’. Law is not a part of the undergraduate curriculum. After this degree, usually a Bachelor of Arts (BA) or Bachelor of Science (BS), the student will apply to a law university program and take the standardized LSAT, or Law School Admission Test. Many laws schools are very selective, accepting only ten percent of their applicants. It normally takes three years of full-time work to receive a law degree, known as the Juris Doctor (JD). In the first year, law students are generally required to take basic introductory subjects such as torts, contracts, criminal law, civil procedure, property law, and constitutional law. Many schools require legal research and legal writing. The second and third years allow the student to concentrate on particular areas such as business law, litigation, international law, or family law. A number of other subjects may also be chosen or even required, like federal income taxation, corporations, commercial law, and legal professional responsibility or ethics. In addition, the students are often provided with opportunities to get legal experience through internships and clerkships. One interesting aspect of legal study in the United States is the case study, using the Socratic Method, where students learn basic legal concepts by reading decisions of courts and are then interrogated by their professors in class on the facts and issues of a particular case. This is meant to train students to analyze a question quickly under stressful conditions for future dealings with judges in court or with clients in negotiations. Law students can also participate in extra-curricular activities, e.g. working on legal academic journals. There is also a moot court competition in the last year, where students prepare briefs and argue a case to gain advocacy experience by acting out a trial before a panel of judges. For the majority of American law students, the JD is the final degree; however, some go on to do an LLM, or Master of Laws, degree, which is usually a one-year program in a specialized subject such as taxation or intellectual property. There are also LLM programs specially designed for foreign students who would like to study a year abroad in an American university. LEGAL PRACTICE AND PROFESSIONS P.10 Typical American Law School Subjects Torts (Civil Liability), Contracts, Constitutional law, Criminal law and Procedure, Civil Procedure, Real Property, Personal Property, Intellectual Property (Copyright, Patent, Trademark), Probate, Wills (Tes- taments), Intestate Succession, Trusts and Decedents Estates, Family Law (Domestic Relations, Com- munity Property), Business Organizations (Corporations, Partnerships, Sole Proprietorship), Securities Regulations, Commercial law, Debtor-Creditor law (Security Interests and Bankruptcy), Evidence, Trial Practice and Advocacy (litigation), Professional Responsibility, Remedies, Legal Research, Legal Wri- ting, Banking law, Finance Law, International Public law, International Business Transactions and Tra- de law, Employment and Labor law, Mergers and Acquisitions, Competition law (Anti-Trust), European Union law, Administrative law, Admiralty law, Communications law, Conflicts of Law, Cyberspace law, Information Technology law, Arbitration and Dispute Resolution, Entertainment and Sports law, Medi- cal or Health Care law, Immigration
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