法律英语教程教案.doc

法律英语教程 教案 外语系Unit One Introduction to American LawLesson One Law under American FederalismI. Teaching Aims: Let the Students have a preliminary knowledge of American law system.II. Key and Difficult Points:i. the enumerated power & reserved powerii. the resolution of law conflictsIII. Teaching Methods: 1. lecture 2. discussionIV. 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 SystemI. Teaching Aims: Let the students have a preliminary knowledge of American court system.II. Key and Difficult Points:i. the court of last resortii. the jurisdiction of federal courts and state courtsiii. stare decisisIII. Teaching Methods: 1. lecture 2. discussionVI. Teaching Procedure:i. Give the students 8 minutes to read the text and new wordsii. 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 LitigationLesson One The Adversary SystemI. 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 systemIII. Teaching Method:lecture & discussionIV. 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 ActionI. Teaching Aims :Make the students familiar with the initial stage of civil procedure.II. Key and Difficult Points:i. the jurisdiction problemii. the minimum contact laws of the stateIII. Teaching Method:Lecture & discussionIV. 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 PleadingsI. 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 summonsii. default iii. Motion of dismissIII. Teaching Methods:Lecture & DiscussionIV. Teaching Procedurei. Organize 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 dismissV. Homework:Review the text and do the exercises.VI. Teachers 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 DiscoveryI. 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 discoveryiii. The summary judgment.III. Teaching Methods:Lecture & DiscussionIV. Teaching Procedurei. 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 discoveryiv. 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. Teachers 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 TrialI. 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 juryii. Direct examination and cross examinationiii. Verdict and judgmentIII. Teaching Methods:Lecture & DiscussionIV. Teaching Procedurei. Give the students 5 minutes to read the text and new words.ii. Organize 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. Teachers 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. 1980Lesson Six Appeal & EnforcementI. Teaching Aim:Make the students have a fundamental understanding of the appeal and enforcement procedure of civil litigation.II. Key and Difficult Points:i. The relative provisions on the appeals. ii. The results of the appeals.iii. The judicial lien and garnishment. III. Teaching Methods:Lecture & DiscussionIV. Teaching Procedure:i. Give the students 5 minutes to read the text and new words.ii. Make a brief introduction of the relative provisions on the appeals.iii. Divide the text into two parts: (i) Appeal: The process and result of the appeal.(ii) Enforcement: The application for the writ of execution, judicial lien on the real property, and garnishment as well as attachment. V. Homework:Review the text and do the exercises.VII. Teachers Note: The text is suitable to the students and the division of text is very clear, so the students can understand and control the contents well. 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。Unit Three Constitutional LawLesson One The institutions of GovernmentI. Teaching Aim:Make the students have a fundamental idea about the government institution of the United States. II. Key and Difficult Points:i. The new words such as : mechanism, ratify, confirm and so on.ii. The duty and authority of the president, the congress and the Supreme Court.III. Teaching Methods:Lecture & DiscussionIV. Teaching Procedure:i. Give the students 5 minutes to read the text and new words.ii. Make a brief introduction of the history and background to the students. iii. Introduce the power separation. V. Homework:Review the text and do the exercises.VIII. Teachers Note:Although the text is long, the content is not very difficult. So the students can quite understand the text. However, some of the new words appearing in it are specific and useful for the learning of legal English, so the students should pay attention to them. VII. 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。Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.Lesson Two Separation of PowersI. Teaching Aim:Make the students have a fundamental idea about the separation of powers in the United States.II. Key and Difficult Points:i. the conception of checks and balanceii. the Watergate ScandalIII. Teaching Methods:Lecture & DiscussionIV. Teaching Procedure:i. Give the students 5 minutes to read the text and new words.ii. Introduce the background.iii. Paraphrase the text. iv. Make a conclusion.V. Homework:Review the text and do the exercises.VI. Teachers Note: The students can quite understand the content of the text, and show their interest in the content of it. VII. 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。Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.Lesson Three Federal-State RelationsI. Teaching Aim:Make the students have a fundamental idea about the federal-state relations.II. Key and Difficult Points:i. the preemption doctrine and the supremacy clauseii. the abstention doctrineIII. Teaching Methods:Lecture & DiscussionIV. Teaching Procedure:i. Give the students 5 minutes to read the text and new words.ii. Check whether the students have finished their homework.iii. Divide the text into several parts. iv. Summary the main idea of the text. V. Homework:Review the text and do the exercises.VI. Teachers Note: The students can quite understand the content of the text, and show their interest in the content of it. VII. 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。Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.Lesson Four Basic RightsI. Teaching Aim:Make the students have a fundamental idea about the basic rights of American citizen.II. Key and Difficult Points:i. the adoption of the bill of rights.ii. the spending power.III. Teaching Methods:Lecture & DiscussionIV. Teaching Procedure:i. Give the students 5 minutes to read the text and new words.ii. Have a short dictation.iii. Carry out a discussion on the ratification of constitution and the adoption of Bill of Right. iv. Make a conclusion. V. Homework:Review the text and do the exercises.VI. Teachers Note: The students show their great interest in the article, and respond to the teacher actively. VII. 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。Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.Unit Four ContractsLesson One Contract Formation and ClassificationI. Teaching Aim:Make the students have a fundamental idea about the contract formation and classification.II. Key and Difficult Points:i. the mutual assentii the validity of the contractIII. Teaching Methods:Lecture & DiscussionIV. Teaching Procedure:i. Give the students 5 minutes to read the text and new words.ii. Have a short dictation.iii. Carry out a discussion on the contract formation and classification.iv. Make a conclusion. V. Homework:Review the text and do the exercises.VI. Teachers Note: The students show their great interest in the article, and respond to the teacher actively. And they have a preliminary knowledge of the contract.VII. 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。Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.Lesson Two Performance and Non-performanceI. Teaching Aim:Make the students have a preliminary knowledge of the performance of the contract.II. Key and Difficult Points:i. the doctrine of substantial performance ii. the interpretation of the contractiii. the implied duty of good faithIII. Teaching Methods:Lecture & DiscussionIV. Teaching Procedure:i. Give the students 5 minutes to read the text and new words.ii. Vocabulary studyiii. Make a classification of the performance of the contract. iv. Make a conclusion. V. Homework:Review the text and do the exercises.VI. Teachers Note: The students show their great interest in the article, and respond to the teacher actively. And this part is very important and useful to them, and the teacher should make a detail analysis. VII. 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。Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.Lesson Three Remedies and Computation of DamagesI. Teaching Aim:Make the students have a fundamental idea about the damages and remedies.II. Key and Difficult Points:iv. Remedy and reliefv. Reliance and expectationIII. Teaching Methods:Lecture & DiscussionIV. Teaching Procedure:v. Give the students 5 minutes to read the text and new words.vi. Background study.vii. Give the students a detailed introduction of the remedy of contract.viii. Make a conclusion. V. Homework:Review the text and do the exercises.VI. Teachers Note: It is a good idea to let the students participate the in the study. And the teacher should add more background knowledge to strengthen their interest.VII. 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。Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.Lesson Four Rights of Third PartiesI. Teaching Aim:Make the students know the rights of the third parties.II. Key and Difficult Points:i. The conception of third party beneficiary contracts.ii. NovationIII. Teaching Methods:Lecture & DiscussionIV. Teaching Procedure:i. Give the students 5 minutes to read the text and new words.ii. Have a short dictation.iii. Divide the text into several parts.iv. Carry out a discussion on the assignment and delegation if the contractual rights and duties. v. Make a conclusion. V. Homework:Review the text and do the exercises.VI. Teachers Note: The text is a little long for the students, so the teacher needs to pay more attention to their interest and understanding.VII. 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。Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.Unit Six Property LawLesson One Basic Categories of PropertyI. Teaching Aim:Make the students have a fundamental idea about the basic categories of property.II. Key and Difficult Points:iii. the ownershipiv. the classification of propertyIII. Teaching Methods:Lecture & DiscussionIV. Teaching Procedure:i. Give the students 5 minutes to read the text and new words.ii. Have a short dictation.iii. Make the classification of property.iv. Pay attention to some new and important words and expressions.V. Homework:Review the text and do the exercises.VI. Teachers Note: The students show their great interest in the article, and respond to the teacher actively. Since the property is difficult and complex, so the classification should be clear.VII. 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。Constitutional Law: Principles and Policy The Michie Company Law Publishers, 1992 Jerome A. Barron.Lesson Two Real Property (I)I. Aim:Make the students have a fundamental idea about real property.II. Key and Difficult Points:i. The fee simple absolute estateii. The conditional estateiii. The tenancy at sufferanceIII. Teaching Methods:Lecture & DiscussionIV. Teaching Procedurev. Give the students 5 minutes to learn the new words and to read the text quickly.vi. Give a brief introduction of discovery to the students.vii. Analyze the content and two purposes of discoveryviii. 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. Teachers 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 Three Real Property(II)I. Aim:Make the students have a preliminary idea about the real property.II. Key and Difficult Points:i. The co-ownership