esade

Introduction to Legal Systems (2225.YR.005669.1)

General information

Type:

BAS

Curs:

1

Period:

S semester

ECTS Credits:

6 ECTS

Teaching Staff:

Group Teacher Department Language
Year 1 Lorne Nolan Richards Derecho ENG

Prerequisites

Once students are admitted to our undergraduate degree programmes, there are no specific prerequisites or incompatible elements.

Previous Knowledge

Some knowledge of the student's own legal system is desirable but not essential.

COURSE CONTRIBUTION TO PROGRAM

This subject shall equip the students with means of understanding the fundamental legal matrices of most of the world's states.

Course Learning Objectives

At the courses end students should be able to:
- understand the criteria for classifying legal families and to distinguish them,
- analyse in a general way the complex relationship between the two families of Civil Law and Common Law, by highlighting general structural differences and convergence profiles, and
- reflect on the differences and the analogies between the two main legal models.

CONTENT

1. Course Content

The course of Introduction to Legal Systems is a Comparative Law course whose objective is to introduce students to the elements of the main legal families.
The Comparative Law methodology is an essential tool for understanding the criteria for classifying legal families and to distinguish them.

Students will look into the history and evolution of the Civil Law systems and the phenomena of organization, and codification in the various European realities (Spanish, French, German, Italian).
Subsequently, we will analyze the fundamental elements of the English Common Law, from its origins, and the columns represented by the principles of judge makes law and binding precedent. The study of the Magna Charta Libertatum (1215) will also be of great relevance, as the cornerstone of modern democracies.
In relation to the study of Common Law, the phenomenon of diffusion of this legal system in the Commonwealth has created a mixed model and sensibly different from the original.
In this sense, the American experience is important.
In particular, the U.S. Constitution today represents an essential model, by virtue of the constant work of interpretation of the U.S. Constitutional and Supreme Court.

Topics. Contents
BLOCK I: COMPARATIVE LAW: HISTORY AND NOTIONS
BLOCK II: COMMON LAW AND CIVIL LAW: RELATED AND DIFFERENT TRADITIONS
BLOCK III: CIVIL LAW: CONSTITUTIONAL ELEMENTS AND CODIFICATION
BLOCK IV: COMMON LAW: JUDGE MADE LAW AND STARE DECISIS

Methodology

The methodology used in class will combine the theoretical explanations of the teacher with the participation of the students through different collective activities for the study and discussion of judgments and texts.

Assessment criteria

1. Class participation requires punctual and regular attendance and participation in class discussions, presentations and exercises.
2. The research assignment will consist of one assignment to be decided.
3. Students must attend at least 80% of the classes to have the right to take the final exam, in order to be able to take the retake exam attendance must be at least 50%.
4. Students must achieve a minimum mark of 5/10 on the final exam in order to pass the subject.


Timetable and sections

Group Teacher Department
Year 1 Lorne Nolan Richards Derecho

Timetable Year 1

From 2022/9/9 to 2022/10/28:
Each Monday from 13:00 to 14:30. (Except: 2022/9/26, 2022/10/3, 2022/10/10, 2022/10/17 and 2022/10/24)
Each Friday from 12:00 to 14:00.

From 2022/10/3 to 2022/11/25:
Each Monday from 13:00 to 14:30.
Each Friday from 12:00 to 14:00. (Except: 2022/10/7, 2022/10/14, 2022/10/21, 2022/10/28 and 2022/11/4)

Wednesday 2022/12/7 from 9:15 to 12:30.

Wednesday 2023/2/8 from 9:15 to 12:30.