Legal English Course Exam Topics for Advanced Students
Drd. Dana Musca
Write a 600!00 "ord essa# (between 2 and 1/3 pages & 4 pages) on $%E of the topics &elo"' (eference to the legal texts studied in the course or to other similar tets that !ou can "ind is recommended because "elldocumented essa#s are ad#isable$ but coherence) the logical structuring of #our essa#s and the originalit# of the approach are %ualities that are pri&ed abo#e all others in mar'ing !our essa!s. (he essa!s ma! be t!ped or hand)written$ as !ou pre"er. *lagiarism +,plagiat- "ill result in exam failure' .. /enerall# (ecommended Sources0 1ictionaries of La") especiall# the $xford 1ictionar# of La"' 1EA1L2%ES0 the 3rd) the 40 th and 45 th of 1ecem&er 6007 $( the 5 th and 48 th 9anuar# 6040 +papers su&mitted later than the 48 th of 9anuar# "ill not &e considered and the students in :uestion "ill &e failed-' 1. Discuss the significance and implications of the hierarchical +treeli;e- structure of the court s#stem in England and <ales and=or respectivel# the >S. *" !ou choose to compare the two s!stems$ "ocus on their similarities and di""erences. Suggestions0 Discuss the "unction o" appellate courts and their role in ensuring that +ustice is done (wh! do we ha#e appeals against court decisions$ wh! are there ,courts o" "irst instance- #s. ,courts o" appeal-). what 'ind o" cases reach the /upreme 0ourt/ (he 1ouse o" 2ords and which is the method/ process o" selection o" these cases3 1ow ma! the choice o" a speci"ic court in"luence the #erdict3 Wh! is there in 4ngland a ,small claims trac'- and a ,"ast trac' or multi)trac' s!stem-3 Wh! in the 5/ "ederal courts can ta'e cases where the disputed amounts are larger than 6789993 Sources: ;obert <. Madden$ Essential Law for Social Workers$ p. 89)87 (it is the same as the document titled ,State?vs@ederal Court?CommonLa" in >S- =hil 1arris$ An Introduction to Law$ pp. 1>9)1>? @/tructure o" 0i#il 0ourts in 4ngland and Wales@ A English for Legal Purposes (the green tetboo')$ p. 74 +$ptional- English for Legal Purposes) p. 89 in pd" ,caB88B8C- English for Legal Purposes, pp. C9)C1 in pd" ,caBC9BC3- 2. Discuss the opposing punitive and reha&ilitation trends relating to offenders= +ex-convicts in contemporar# Austice. Ma'e re"erence to the ,othering-$ to the stigmatising o" the ,criminall! de#iant-$ the trial o" the de"endant as a ,degradation ceremon!-$ as a destruction o" his/her social identit!. (=aul 1arris$ An Introduction to Law$ pp. 1>9)1>?). Dlso bring into discussion the issue o" the abolition/ 'eeping in place o" the death penalt! and the attempts at the reinsertion o" e)con#icts/arrested persons in the social circuit. (Eou ma! re"er either to the 4nglish legal s!stem or to the Dmerican one or to both. the death penalt! has been abolished in most countries and has been replaced b! the li"e sentence$ ecept in some "ederal states in the 5/$ in 0hina etc.) Source: =hil 1arris$ An Introduction to Law$ pp. 1>9)1>? 3. (he legal s!stem as a re"lection o" changing social #alues. Discuss the social) ideological and +optionall#- moral significance o" la"s relating to a&ortion homosexualit#) drug use) also ;no"n as crimes "ithout victims +in Barris-' Discuss this concept (o" ,crimes without #ictims-) A is there such a thing as this in actual practice3 Suggestions0 *" !ou want$ !ou can discuss onl! one or two o" these topics in greater detail: "or eample$ "ocus +ust on laws concerning abortion etc. Dbortion laws: is abortion murder or not (the position o" the church)$ "eminist issues (womenFs control o#er their bodies and li#es)$ career #s. "amil! choices$ teenage pregnanc!$ impregnated #ictims o" rape etc. Drug use: in#ol#ing ,corrupted- minors$ ris' o" 1*G transmission$ costs o" medical care and rehabilitation in speciali&ed clinics etc. Source: =hil 1arris$ An Introduction to Law$ pp. 48)82 (,Moralit! and the 2aw-$ ,0rimes without Gictims- sections). 4. Discuss the place and importance of common la" in the English or American legal s#stem +or &oth-) and the role pla#ed &# &inding +Audicial- precedent in ensuring the stabilit! o" law and consistenc! o" the +ustice)dispensing process$ but also in updating the law in accordance to changing social needs and #alues. Dlso$ ma'e re"erence to the +udgesF "reedom o" interpreting the law and their creati#it! in appl!ing precedent or in choosing to go against it (,+udicial interpretation-$ ,obiter dictum-). Ma'e mention o" a ("amous) court #erdict in which +udicial precedent was obser#ed or was circum#ented ("rom the tets recommended or "rom other sources) and sa! wh! this was so. Sources: ;obert <. Madden$ Essential Law for Social Workers$ p. 89)87 (it is the same as the document titled ,State?vs@ederal Court?CommonLa" in >S- =hil 1arris$ An Introduction to Law$ pp. 1>9)1>? @/tructure o" 0i#il 0ourts in 4ngland and Wales@ A English for Legal Purposes (the green tetboo')$ p. 74
A Practical Companion to the Constitution: How the Supreme Court Has Ruled on Issues from Abortion to Zoning, Updated and Expanded Edition of <i>The Evolving Constitution</i>