Course Description
This course will provide a comprehensive introduction to key characteristics of common law and equity in England and compare with other jurisdictions like USA, Australia and Hong Kong. Common law and equitable remedies in specific fields like laws of trusts, contracts and torts and unique procedural elements like the writs and jury systems will be studied. Students will be able to be trained in the judicial process using case studies and techniques of identifying ratio and obiter in binding precedents. The contemporary developments in common law will be studied to facilitate students from other jurisdictions deal with major common law legal systems.
Intended Learning Outcomes
CILO-1: Students will be able to describe the key characteristics of common law legal system and distinguish it from civil law legal systems.
CILO-2: Students will be able to determine the role of statutory, equitable and common law remedies and illustrate their respective role in the specific areas of law like contracts, torts and trusts.
CILO-3: Students will be able to categorize diverse sources of common law and equity and contrast their contributions to the functioning of the common law legal system, historically and in the modern era.
CILO-4: Students will be able to identify and appraise the unique features of common law procedures and mechanism like the writs and jury system and point out to certain key differences among common law jurisdictions, and to draft case notes through cases studies of landmark decisions and reconstruct the relevant Ratio decidendi and distinguish it from any obiter dicta.