Purpose: Provides a summary of the principle features of the law and legal system of the United States and introduces foreign lawyers to basic legal research, writing and oral advocacy skills as taught in American law schools. Law in the United States is primarily derived from judge made common law and statutory (code) law. Early American law was taken in most part from England and its common law system. Later with the increased activity of state and federal legislatures American law has become a mixture of common law and code-based law. Generally American law is less theoretical and more practical than many other legal systems. When examining the course material it will become obvious that the American legal system is a comprehensive collection of case law and statutory law. When studying American law it is necessary to remember that even if there is significant similarities between many civil law systems the influence of common law principles and approaches must be understood to appreciate the legal system found in the United States. The study of the role of individual cases is an important part of any law student´s education and the ability to "read cases "is an important skill to develop when learning American law. In order to help understand the law and legal system of the United States several substantive areas of the law will be examined and then put in a general context for foreign students.
Coverage: The American legal system requires a significant amount of time to fully appreciate and one course cannot accomplish such a task but it can introduce students to many basic principles and create a foundation for further study. This course will introduce students to the history and structure of the American legal system. It will also introduce students to the legal methodology of American law and to the process of reading cases. The American legal system is unique in its use of the jury and the development of the adversary system. The judicial system and the American legal profession will be examined and several substantive areas such as constitutional law, administrative law, contracts and commercial law, tort law business law, alternative dispute resolution and trials will be covered. Particular attention will be paid to the idea of federalism and its influence on American law.
The course is available for the following students:
The pre-requirements may still limit certain students¿ access to the course
Exam each semester.
Four hour digital school exam.
Information about digital examination can be found here:
http://www.uib.no/en/education/87471/digital-examination.
A - E for passed, F for failed.
Exam language:
Support materials allowed during exam:
See section 3-5 of the Supplementary Regulations for Studies at the Faculty of Law at the University of Bergen.
Special regulations about dictionaries:
Course teacher: Professor Ernst Nordtveit / Professor II Larry Bakken
Administrative contact: elective-courses@jurfa.uib.no