Course title

Introduction to Common LawⅡ

Teacher(s)CARPENTER Keith

Numbering Code

Day・PeriodWed3

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 targetBy the end of the course, students will have: :1. an overview of procedural law in the English legal system, focusing on aspects that are interesting 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 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
8-14 Criminal procedure law
i. catching criminals: police powers- is the criminal justice system fair?
ii. 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. sentencing- how are sentences decided?
- case study: you be the judge- death penalty
15 Review and progress confirmation

Evaluation method
The students will be evaluated as follows:
Class attendance and participation
70%
Tests
30%
[Global Masters Program ("GMAP") students will in addition be evaluated on a written report. Details of evaluation
method and requirements will be explained to GMAP students separately]Evaluation baseline
70% of the evaluation will be determined by the attendance record and positive attitude in participating in
discussions in the class room (focusing on the level of exchange of opinions on the discussion topic) Students
will not receive a lower grading for making errors in English.
30% of the evaluation will be determined by 2 mini-tests conducted during the term to check understanding of key
concepts and terminology. The tests will mainly consist of choosing the correct answers.

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 inafter lectures.

preparation for lectures and to review

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.
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)