General provisions

Determined on February 13, 2008 by Faculty of Law’s Teaching Committee, Uppsala University, by virtue of Chapter 6 Section 14 and 15 of the Higher Education Ordinance (1993:100). The course plan enters into force on February 14, 2008. Revised on December 5, 2013, the revisions enter into force on March 15, 2014. Revised on January 20, 2017, the revisions enter into force on March 15, 2017. Revised on January 25, 2018, the revisions enter into force on March 15, 2018.

General

The course offers 15 ECTS credits and is an optional advanced level course in the studies for the degree of Master of Laws, in accordance with the degree requirements adopted by the Board of the Faculty of Law of Uppsala University on 16 April 2007. The course is held in English.

Entry requirements

Students on the Master of Laws program (juristprogrammet) must have passed all compulsory term courses except one and completed all compulsory components at the basic level.

Students on international exchange programs must have passed two years of studies in law. All students must master spoken and written English.

The Board of Exemption may grant exemptions from these prerequisites.

Learning outcomes

After this course students should be able to:

• find and work with U.S. legal material;
• apply U.S. legal material to problems related to U.S. constitutional and common law;
• research independently legal problems related to U.S. law;
• evaluate, orally and in writing, complex legal issues; and
• engage with faculty and fellow students in the case method of instruction.

Examination Criteria

AB: 1) identification of a full range of related issues raised by questions posed, 2) wide-ranging, thorough, and creative discussion of arguments on all sides of those issues, and 3) conclusions stated clearly and defended persuasively.

Ba: 1) identification of a significant range of related issues raised by questions posed, 2) reasonably thorough discussion of arguments on all sides of those issues, and 3) conclusions stated clearly and defended reasonably persuasively.

B: 1) identification of some related issues raised by questions posed, 2) some discussion of arguments on all sides of those issues, and 3) conclusions stated and defended plausibly.

Fail: Failure to satisfy one or more of the criteria for B.

Content

The overall objective of the course is to provide a basic understanding of the U.S. legal system. The course will examine the constitutional structure of the American system, including the relation between the federal and state governments, the separation of powers between the executive, legislative, and judicial branches of government, and basic rights guaranteed under the federal constitution. It will also examine the common law underpinnings of American legal thought, considering areas of law such as contracts, torts, and corporations.

The course will explore these subjects using the case method, and will serve as an introduction for students to the traditional method of legal education in the U.S.

Instruction

To provide a better understanding of American law and American lawyers, the course will be taught in the method of education used in U.S. law schools. This will combine short introductory lectures with the “Socratic method” in which the primary focus of the class will be on a discussion in which the professor will pose to class members (both volunteers and non-volunteers) questions about assigned readings. Attendance at the regular lectures and seminars is compulsory. Students must come to class prepared to ask questions and answer questions posed by the instructor. Students will also be expected to participate in two simulated exercises. The teacher responsible for the course may grant relief from the requirement of attendance if there is a valid excuse.

Assessment

Examination is based on an examination portfolio including class attendance and participation, which includes the simulated exercises, (20%), three written assignments (27%), journals (8%), and a final examination (45%). The final grade obtained for the course is based on a balanced assessment of the examination portfolio.

The grades given are Fail (U), and the passing grades Pass (B), Pass with credit (Ba) and Pass with distinction (AB). Students in international exchange programs will have their grades translated into international ECTS-grades (from A to F). A student who has not achieved the result required to pass the course will be offered re-exam.

You may not use or attempt to use deceptive means to influence grade of an examination or any other written or oral component of evaluation of student performance. You are prohibited from using any materials not permitted during an examination or in the preparation of any assignment. You may not submit another’s work as your own. Plagiarism is prohibited. Possible consequences of engaging in such academic dishonesty include denial of or reduction of credit for an examination or a written assignment. All suspected cheating will be reported to the University Disciplinary Board. The Board can issue formal warnings or disbar the student from studying at the university for a period of up to six months.