Course title

Introduction to Common LawⅡ

Responsible person
CARPENTER Keith
to enter grades
Numbering Code

Day・Period, etc. Wed3(対面)

開講区分

単位数

2nd semester

2.0

Timetable Slot
Code3J278

Lesson topic
Legal systems of most countries in the world are either based on common law or civil law. The English legal systemis the source of all common law systems and provides a sound basis for understanding how common law systems workand how they differ from civil law systems.
The course will have two parts (part 1 first semester, part 2 secondsemester).
This part 2 covers procedurallaw.
Lesson target
By the end of the course, students will have: :1. an overview of procedural law in the English legal system, focusing on aspects that are typical of common law
systems and differ from civil law systems
2. an understanding of English legal terms and concepts
3. developed their ability to communicate in English generally in relation to legal matters (common law, civil lawand other legal systems)

Syllabus and plan
The lectures are expected to be conducted with students attending in the classroom. In the event that the infectionlevels of the covid virus deteriorate and classes are required to be given online, details will be provided on
BEEF. Depending on the circumstances, possible changes may be required.
The course (part 2) will consist of 15 lectures. The following gives an indication of the topics to be covered by
the lectures:
1-2 Civil Courts- differences between civil cases and criminal cases- what kind of cases are brought in the civil courts?
- specialist courts
3-5 Civil procedure law- adversarial vs inquisitorial- outline of a civil case- how to write a claim and defence- what the court can do: remedies and enforcement
6-7 Criminal courts- different kinds of crime- who can be a judge? (case study)- jury system- people punished even though they are innocent
8-15 Criminal procedure law
i. (8-10) catching criminals: police powers- is the criminal justice system fair?
ii. (11-13) prosecution and trial- adversarial vs inquisitorial: which is better?
- who can prosecute?
- conviction rates: which country has the best prosecutors?
- case study: you be the judgeiii. (14-15) sentencing- how are sentences decided?
- case study: you be the judge- death penalty
The course instructor has over 20 years' experience working as an English lawyer.

Evaluation method
The students will be evaluated as follows:
Class attendance and participation
50%Tests
50%[Masters' level students will in addition be evaluated on an end of semester written report. The weighting ofevaluation will be 30% written report, 30% class performance, 40% tests.]

Evaluation baseline
50% of the evaluation will be determined by the attendance record and positive attitude in participating indiscussions in the classroom (focusing on the level of exchange of opinions on the discussion topic). Students
will not receive a lower grading for making errors in English.
To obtain a pass grade, in principle a minimum of 12 classes must be attended.
50% of the evaluation will be determined by 2 mini-tests conducted during the semester to check understanding of
key concepts and terminology. The tests will mainly consist of choosing the correct answers.
To obtain a pass grade, a minimum score of 60% must be obtained.
[Masters' level students will in addition be required to write a report of 1,500-2,000 words comparing features of
the English legal system introduced during the course with a civil law system. Evaluation will be based on thelevel of understanding shown in relation to the differences and comparative advantages and disadvantages of thecompared systems.]

Notice (include info. on related class)Participating in this course will help develop appropriate skills for students who are considering studying at aforeign university under an exchange programme.
Exchange students can attend this course.

Review and preparation
Students will be required to do some reading of the hand-out materials in preparation for lectures and to review
after lectures.
Kobe University requires 45 hours of study from students to award one credit, including both in-class instructions
as well as study outside classes.
Students are required to prepare for each class and complete the review after each class, depending on therespective class goals.

Office hour・Contact information
Contact can be made by email to: keith@people.kobe-u.ac.jp
There will also be time to ask questions at the beginning or end of classes.

Message for student
The lectures will be interactive and students will be encouraged to express their opinions and ideas in English.
However, students should not feel afraid to attend because they are unable to speak English fluently.
The
lecturer aims to make the lectures understandable by students with a range of English fluency. Discussion times
will usually begin by students discussing in pairs, so that they have time to practise speaking before giving theirviews to the whole class.
Students will be able to speak and ask questions not only about the specific content of the lecture but also on law
related subjects generally. Students will also have opportunities to speak with many other attending
students. There are likely to be both Japanese and non-Japanese students attending.
Students must bring their laptop to every classImprovemenets in Teaching

Text
It will not be necessary for students to purchase any text book. Information about relevant text books will begiven for those students who are interested in further reading. Handouts covering Powerpoint slides and lecture
content and related materials will be distributed in BEEF+.
Reference Material
Please see above
Classroom Language
The lectures will be conducted in English

Keywords
common law, adversarial, English law,
Exchange student(Special auditing student)
LaptopA faculty member with professional experience