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   Course Title    Comparative study of the legal systems in Moldova and the USA.
Lecturer    Elena Varzari
Institution    Balti State University
Country    Moldova


COURSE DESCRIPTION:

The course " Comparative study of the legal systems in Moldova and the USA." provides a broad survey of research methods, strategies and techniques in comparative law. The course consists of 7 theoretical lectures and 8 practical classes –30 hours. It will be taught in the 4 th year of study( VIIIth semester ),when the students enrolled in it are supposed to have deep knowledge about the legal system in Moldova and elementary knowledge about the legal system in the USA. The course is to be taught in English, so it requires good knowledge of the English language. After each lecture + seminar the students are supposed to write 7 mandatory assignments in the form of essays. The take home assignments will not be accepted more than 3 days after the due date. The essays submitted later will be penalized.

GRADE:

The final grade will be based on the following elements:

  1. Participation – 40%
  2. Assignments – 20%
  3. Attendance -- 10%
  4. Quizzes -- 30%

NOTA BENE:

Attendance is mandatory. More than 2 unexcused absences will cause the grade to drop by one point.

AIMS:

The course is aimed at:

  • student’s familiarization with different comparative strategies and techniques
  • providing a better understanding of the differences and similarities of the legal system in Moldova and the USA.

OBJECTIVES:

Students should be able to:

  • compare and contrast the essential divergences and analogies of the two legal systems.
  • compare critically both systems and identify their strong and weak points.
  • focus on the main points of the lecture, bibliography,etc.
  • get a theoretical and practical framework of the two legal systems.
  • grasp, memorize and use the juridical terminology in English.
  • understand the advantages of studying this course in a foreign language.

COURSE DETAIL:

LECTURE 1 " General Data about the Legal Systems in Moldova and the USA."

This is an introductory lecture, which will permit the students to refresh what they already know about the two legal systems, to get new information about them and will try to compare them critically. Special attention will be paid to court procedures.

PLAN

  1. General data about the legal systems in Moldova and the USA.
  2. Courts and court procedures in Moldova.
  3. Courts and court procedures in the USA.
  4. Appellate courts in Moldova and the USA.

MANDATORY READINGS

  1. A.S.Hornby Oxford Advanced Learner’s Dictionary," US. Constitution and government", p. D-4 – D-7,Oxford University Press, 1997
  2. An Outline of American Government, USIS, 1989, part 5
  3. D.K.Stevenson, American Life and Institutions, Erns Klett Verlag, 1993, p.36-38.
  4. Curtea de Apel ,Republica Moldova,Culegere de Practica Juridica, Chisinau, 1999.

LECTURE 2 " Classification of Law"

The students will learn about Common law and Civil law, Statute law and Case law. They will also make attempts to compare them critically.

PLAN

  1. What is law? Historical development of laws.
  2. Classification by source.
  3. Classification by nature.
  4. Classification by function.

MANDATORY READINGS

  1. G. Getz, K.S. Romito, Business Law, 1977, Unit 1, Ch. 1, p. 4-18.
  2. Stephen Judge, Business Law, Macmillan, 1999, Part 1, p. 3-22
  3. Ugo Mattei, Comparative Law and Economics, Michigan, 1998,Ch.3, p.69-101

RECOMMENDED READINGS

  1. Herbert Jacobs, Courts, Law and Politics in Comparative Perspective, Yale University Press, 1996, p.3-6
  2. Walker and Walker’s English System, Butterworths, 1994

LECTURE 3 "Comparative Study of Constitutional Law in Moldova and the USA"

The students will study attentively the Constitution of Moldova and the Constitution of the USA, the Declaration of Independence. They will analyze the forms of government in both countries making the necessary conclusions.

PLAN:

  1. Structure and elements of the state.
  2. Forms of government /Parliament, Congress, Senate; the President /
  3. The Constitution of Moldova and the Constitution of the USA.
  4. The Constitutional Court.
  5. Judicial Authority

MANDATORY READINGS

  1. Constitutia Republicii Moldova
  2. The Constitution of the USA
  3. The Declaration of Independence
  4. A. Arseni, Drept Constitutional si Institutii Politice, Chisinau, 1997, vol.2
  5. An Outline of American Government, USIS, 1989, Part 1
  6. Jh. Alder, Constitutional and Administrative Law, Macmillan, 1999, p3-22
  7. G. Vrabie, Drept Constitutional si Institutii Politice Contemporane, "Team", Iasi, 1995, vol.2

RECOMMENDED READINGS

  1. Jh. Alder, Constitutional and Administrative Law, Macmillan, 1999, p.23-161
  2. I. Deleanu, Drept Constitutional si Institutii Politice, "Europa Nova", vol.2
  3. Portrait of the USA, USIS, 1997, p.32-37
  4. D. Stevenson, American Life and Institutions, Ernst Klett Verlag, 1993, p.33-36

LECTURE 4 " Comparative Study of Administrative Law in Moldova and the USA"

The lecture provides the students with knowledge about the state and its territorial – administrative units; about the head of the state, his authority and power. The students will compare the structure and duties of the governments. The structure and the duties of the local public administration will also be discussed.

PLAN:

  1. The state and the territorial administrative units.
  2. Public services, public functions.
  3. The administrative act.
  4. The head of the state- public authority of the executive power.
  5. The government, ministries and other central organs of public administration.
  6. Local public administration.

MANDATORY READINGS

  1. Jh. Alder, Constitutional and Administrative Law, Macmillan, 1999, Part 2, p.165-289
  2. A. Iorgovan,Tratat de Drept Administrativ, Nemira, vol.2
  3. I. Iovanas, Drept Administrativ, "Servo Stat"
  4. M. Preda, Tratat Elementar de Drept Administrativ Roman, Lumina Ux.,1996
  5. D. Stevenson, American Life and Institutions, Ernst Klett Verlag, 1995, p.40-42

RECOMMENDED READINGS

  1. An Outline of American Government, USIS, 1989,Part 6,7
  2. Jh. Alder, Constitutional and Administrative Law, Macmillan, 1999, p.293-446
  3. V. Prisacaru, Tratat de Drept Administrativ, General Part, "Lumina Lex", Bucuresti, 1993

LECTURE 5 " Civil Law in Moldova and the USA"

We shall discuss some problems and disputes Civil law deals with, for example Property and Torts, etc. The students will examine civil procedures and discuss different cases.

PLAN:

  1. Civil and juridical correlation. Civil juridical act.
  2. Action of the civil law. Proofs
  3. Physical person
  4. Juridical person

MANDATORY READINGS

  1. S. Baes, Drept Civil, General Part, Chisinau, 1994
  2. G. Boroi, Drept Civil," All"
  3. G.Getz,K.S.Romito, Business Law, 1988, Macmillan, p.46-62
  4. H. Jacobs, Courts, Law and Politics in Comparative Perspective, Yale, 1996, p.48-65
  5. Ugo Mattei, Comparative Law and Economics, Michigan, 1998, p.33-38, 69-81, 150-155, 194-199
  6. S. Ranschi, Drept Civil, General Part, "Chemarea", Iasi, 1993

RECOMMENDED READINGS

  1. Ugo Mattei, Comparative Law and Economics, Michigan, 1998, p.118-121, 155-157
  2. I.R. Urs, Drept Civil, General Part, "Oscar Print:, vol.1

LECTURE 6 "Comparative Study of the Criminal Law in Moldova and the USA"

The students will be able to state the difference between misdemeanors and felonies, etc. Criminal procedures will be discussed. The students will state the role of Law Enforcement Agencies and the right of the accused.

PLAN

  1. Criminal law. General data.
  2. Notion and components of misdemeanor/ felony.
  3. Accomplice in a crime.
  4. Criminal procedures. Rights of the accused.

MANDATORY READINGS;

  1. G.Getz, K.S. Romito, "Business Law", Ch.3, p. 33-45
  2. H. Jacobs, "Courts, Law and Politics in Comparative Prospectives", Yale Un. Press, 1996, p. 30-48.
  3. I. Macari, "Dreptul Penal al Republicii Moldova", General part, Chisinau, 1993
  4. M.Zolyneac, "Drept Penal", General Part, "Chemarea", Iasi, 1999

RECOMMENDED READINGS

  1. A.Boroi, "Drept Penal", General Part, "All Beck"
  2. V.Dobrinoin, "Drept Penal", General Part, "Europa-Nova", 1997
  3. D.Stevenson,"American Life and Institutions", Ernst Klett Verlag,1993, p.28-32

LECTURE 7 "Business Law"

It is a very vast and actual topic, so we shall study it 6 hours- 2 theoretical, 4 practical classes. Special attention would be paid to Contract Law, Business organizations and property, payment methods and consumer protection.

PLAN:

  1. Essentials of the business law.
  2. Introduction to the law of obligations
    The law of contract
    The law of tort
    Juridical remedies for contract and tort.
  3. Business organizations.
    The law of partnerships
    Registered companies
  4. Business property. Securities for loans.
  5. Business contracts
    The law of agency
    Contracts for employment and contracts for the sale and supply of goods
  6. Payment methods and consumer protection.
    Consumer credit agreements
    Bills of exchange, cheques, credit and debit cards
    Competition law

MANDATORY READINGS

  1. R. Duxbery, "Contract Law", (Nutshells),London, Sweet&Maxwell, 2000
  2. G. Getz, K.S.Romito, "Business Law", Macmillan, 1988, Units 2,3,4,5,7,8.
  3. St.Judge,"Business Law", Macmillan, 1999

RECOMMENDED READINGS

1. G..Getz,K.S.Romito, "Business Law", Macmillan, 1988,Units 6,9,10.



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