《法律英语教程》教案

法律英语教程

教案

外语系

Unit One Introduction to American Law

Lesson One Law under American Federalism

I. Teaching Aims:

Let the Students have a preliminary knowledge of American law system.

II.Key and Difficult Points:

i.the enumerated power & reserved power

ii.the resolution of law conflicts

III.Teaching Methods:

1. lecture

2. discussion

IV.Teaching Procedure:

i.Give the students a brief introduction of law, including the definition and function, as well as

the classification of law.

ii.Ask the students the following questions:

(i)Does the United States have a uniform legal system?

(ii)How are the law-making powers divided between the federal and state legislature?

(iii)Explain how choice of forum may affect the out come of a lawsuit.

iii.Give the students 8 minutes to read the text and try to discuss the answers together.

iv.Pay attention to some words and phrases.

V.Homework:

Let the students do some exercises and review the text.

VI. Reference:

《英汉法律用语大辞典》，宋雷/主编，法律出版社。

《法律英语教程》，李容甫/主编，法律出版社。

Lesson Two The Dual Court System

I. Teaching Aims:

Let the students have a preliminary knowledge of American court system.

II.Key and Difficult Points:

i.the court of last resort

ii.the jurisdiction of federal courts and state courts

iii.stare decisis

III. Teaching Methods:

1. lecture

2. discussion

VI.Teaching Procedure:

i.Give the students 8 minutes to read the text and new words

ii.Make a comparison between the federal courts and local courts: case jurisdiction; levels and structure of judicial proceeding; the nomination of judges.

iii.Analyze what stare decisis means.

iv.Pay attention to the meaning and usage of some important words.

V.Homework:

Do a translation exercise and review text.

VI.Reference:

i. 《英汉法律用语大辞典》，宋雷/主编，法律出版社。

ii. 《法律英语教程》，李容甫/主编，法律出版社。

iii. Civil Procedure, Mary Kay Kane, West Nutshell Series

Unit Two Civil Litigation

Lesson One The Adversary System

I. Teaching Aims:

Make the students have a knowledge of the adversary system.

II. Key and Difficult Points:

i.the joint defendants and third-party defendants;

ii.the role of the court and the parties to the suit;

iii.the shortcomings of adversary system

III. Teaching Method:

lecture & discussion

IV. Teaching Procedure:

i.Give the students 8 minutes to read the text and new words.

ii.Give the students a brief introduction of the adversary system through comparison with inquisitorial system.

iii.Analyze the reasons for the prevalence of the adversary system.

iv.Discuss with the students on the shortcomings of adversary system.

V. Homework:

Do some exercises and review the text.

VI. Reference:

i. 《英汉法律用语大辞典》，宋雷/主编，法律出版社。

ii. 《法律英语教程》，李容甫/主编，法律出版社。

iii. Civil Procedure, Mary Kay Kane, West Nutshell Series

Lesson Two Commencing a Legal Action

I.Teaching Aims :

Make the students familiar with the initial stage of civil procedure.

II.Key and Difficult Points:

i.the jurisdiction problem

ii.the minimum contact laws of the state

III. Teaching Method:

Lecture & discussion

IV. Teaching Procedure:

i. Give the students 8 minutes to read the text and new words;

ii. Analyze the factors one must consider before commencing a legal action:

a.Whether his grievance is redressable by a court of law.

b.the probability of winning the lawsuit.

c.Whether the lawsuit is worthy.

iii. Discuss together with the students on the resolution of the jurisdiction conflicts. V. Homework:

Do some exercises and review the next lesson.

VI. Reference:

i. 《英汉法律用语大辞典》，宋雷/主编，法律出版社。

ii. 《法律英语教程》，李容甫/主编，法律出版社。

iii. Civil Procedure, Mary Kay Kane, West Nutshell Series

Lesson Three Pleadings and Motions Attacking Pleadings

I. Aim:

Make the students have a fundamental idea about the pleadings and motions of the civil procedure.. II. Key and Difficult Points:

i. Complaints and summons

ii.. default

iii. Motion of dismiss

III. Teaching Methods:

Lecture & Discussion

IV. Teaching Procedure

https://www.360docs.net/doc/8215066047.html,anize a discussion on the topic given.

ii.Give the students 5 minutes to learn the new words.

iii.Give the students an outline of the text.

(i)The definition of pleading

(ii)What do the plaintiff and defendant do in the pleading?

(iii)The default and motion to dismiss

V. Homework:

Review the text and do the exercises.

VI. Teacher’s Note:

The text is a little more complex and difficult for the students. And they should collect more information on the procedural law.

VII. Reference

Civil Procedure West Publishing Co. 1980

《英汉法律用语大辞典》，宋雷/主编，法律出版社。

《法律英语教程》，李容甫/主编，法律出版社。

Lesson Four Discovery

I. Aim:

Make the students have a fundamental idea about discovery in the civil procedure.

II. Key and Difficult Points:

i.The classification of discovery: pretrial discovery and trial discovery.

ii.The responsibility of lawyers in the discovery

iii.The summary judgment.

III. Teaching Methods:

Lecture & Discussion

IV. Teaching Procedure

i.Give the students 5 minutes to learn the new words and to read the text quickly.

ii.Give a brief introduction of discovery to the students.

iii.Analyze the content and two purposes of discovery

iv.Pay attention to he contributions of discovery:

(i)To narrow the issue and predict the outcome.

(ii)The potential motion for summary judgment.

V. Homework:

Review the text and do the exercises.

VI. Teacher’s Note:

Since the discovery possesses a central position in American civil procedure, this text is very important and useful to the students. So the teacher should make a detail analysis on it.

VII. Reference

Civil Procedure West Publishing Co. 1980

《英汉法律用语大辞典》，宋雷/主编，法律出版社。

《法律英语教程》，李容甫/主编，法律出版社。

Lesson Five The Trial

I.Teaching Aim:

Make the students have a preliminary knowledge of the trial process in the United States.

II.Key and Difficult Points:

i.The jury trial and trial without jury

ii.Direct examination and cross examination

iii.Verdict and judgment

III. Teaching Methods:

Lecture & Discussion

IV. Teaching Procedure

i.Give the students 5 minutes to read the text and new words.

https://www.360docs.net/doc/8215066047.html,anize a discussion on the given topic.

iii.Make a brief introduction of the trial process to the students.

(i)Step 1: To decide to trial with or without jury. And if with, how to impanel and reject the

jurors.

(ii)Step 2: The direct and cross examination process.

(iii)Step 3: The verdict made by the jury and the judgment made by the judge.

iv.Pay attention to the instruction responsibility of the judge.

V. Homework:

Review the text and do the exercises.

VI. Teacher’s Note:

The text is long and the trial process cannot be easily understood and controlled by the students. So it is required that the teacher make the students clear the differences between the trial in the United States and China.

VII. Reference

Civil Procedure West Publishing Co. 1980