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JOHN CABOT UNIVERSITY

COURSE CODE: "LAW 341"
COURSE NAME: "Fundamentals of Italian Legal Practice"
SEMESTER & YEAR: Fall Semester 2012
SYLLABUS

INSTRUCTOR: Magrini Chiara
HOURS: MW 16:30-17:45
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES: Prerequisite: Junior Standing
OFFICE HOURS:

COURSE DESCRIPTION:

The principal object of this course is to present to the student a basic study of the Italian legal system, also in comparison with the American and the English systems. Beginning with a comparison between the common and the civil law systems, the course shall provide the student with an overview of the Italian legal tradition and the Italian legal profession, as well as a basic knowledge of some of the areas of Italian law (such as Constitutional law, Contract law and Labor law). Where possible, the topics will develop from current issues pointed out in newspapers or journals, in order to link the theoretical notions to the day-to-day life.

The purpose of the course is not to develop deeply informed lawyers, but to stimulate and interest students, coming from substantially different backgrounds, in legal topics they come across during their stay in Italy.
SUMMARY OF COURSE CONTENT:

The legal traditions; the Roman civil law; the role of precedents in the common law systems; codes and codification; the common law family: influence of United States and Great Britain; the civil law family: influence of France and Germany; the historical development of the Italian legal system.

Nature, content and role of the Constitution; constitutional rights and duties; the Parliament; the Government; the Judiciary; the sources of law; the President of the Republic; the Constitutional Court; the Regions; the referendum.

Constitutional and legislative bases for Italy’s membership in the EC/EU; Italy’s participation in the EU decision-making process; the implementation of EU law in Italy; EU law in the hierarchy of legal sources; application of EU law by the judiciary; the role of the Italian Parliament.

General introduction to Italian Tort law; sources of tortuous liability; fault and strict liability; injury and damages; material and no-material damages; causation; monetary and non-monetary remedies; limitation of actions.

General introduction to Italian law of contract; definition of contract under Italian law; preliminary negotiations; offer and acceptance; elements of contract; validity of contracts; termination of contracts; contract drafting, negotiation and interpretation.

Historical background of Italian family law; civil and concordat marriage; the patrimonial regime of the family; separation, divorce and dissolution; aspects of family succession.

The sources and basic principles of Italian labor law, the distinction between self-employment and subordinate employment; the contract of employment; termination of the contract of employment; invalidity of waivers and transactions concerning workers’ rights; collective bargaining agreements; trade unions; the right to strike; the impact of the 2003 labour market reform on Italian labour law.

The civil jurisdiction; the civil courts and their structure; the civil process; the Italian Supreme Court; the path of a civil law case.

The criminal jurisdiction; the criminal courts and their structure; the ordinary criminal process; the prosecutor; recent developments.

Italy: general categories of the Italian legal profession and the university law degree, the practicing profession, legal representation, notaries, paralegals, the Magistracy, the organization of individual courts, the judicial organs; England: the division between solicitors and barristers, the Lord Chancellor, the Law Officers of the Crown; United States: the attorneys; the costs of justice; the judge in the United States.
LEARNING OUTCOMES:
Upon successful completion of the course, students will know the main difference and characteristics of the common law tradition and the civil law traditions and of the legal professions in Italy, England and in the United States. The students will also know the basic principles of Italian constitutional law, law of contract, tort law and family law. Students will also know the basic principles of Italian labor law and of European Community law. Finally, students will know the main differences between the civil, the criminal and the administrative process. Upon successful completion of the course, students shall we able to identify and classify the main legal issues both in the Italian and in the American legal system; furthermore, students shall be able to read a case and analyze the facts from the legal point of view, trying to solve the case applying the principles of law discussed in class.
TEXTBOOK:
NONE
REQUIRED RESERVED READING:
NONE

RECOMMENDED RESERVED READING:
Book TitleAuthorPublisherISBN numberLibrary Call NumberComments
Introduction to Italian LawJeffrey S. Lena and Ugo Mattei 2002, Kluwer Law International9041117075  
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
Class partecipation, tests and quizzes<p style="text-align: justify;"><span style="font-family: verdana, sans-serif; font-size: 10pt;">Attendance to classes is very important in order to gain a good mark; during the classes there will be presented practical cases, to be asked and resolved by the students; in class it will also be developed a simulation of a process and there will be performed practical exercises (such as drafting a contract); finally, during the lectures there will be individual oral questioning to verify attention and comprehension of students. Only two absences will be excused. From the third absence, the relative mark will be penalized.</span></p>20%
Research Paper<p style="text-align: justify;"><span style="font-family: verdana, sans-serif; font-size: 10pt;">The students can propose a subject of their interest, not necessarily included in the ones treated in the course; however, the research paper has to refer to Italian law, also in comparison, eventually, with American and/or English law; the mark for the paper will be based on its content, the originality of its subject and the way it is presented to the class; bibliography and notes are compulsory for a sufficient paper. Depending on the final number of students, the research paper could eventually be a team work of two or three students. Use of proper and correct English is deemed essential in today&rsquo;s business world. For this reason, this course requires mandatory participation in the &ldquo;English for Success&rdquo; programme described below.</span> </p> <p style="text-align: justify; line-height: 150%; margin: 0in 0in 6pt;"><b><span style="line-height: 150%; font-variant: small-caps; font-family: verdana, sans-serif; font-size: 10pt;">MANDATORY &ldquo;English for Success&rdquo; Programme (+/- 3%)</span></b> </p> <p style="text-align: justify; line-height: 150%; margin: 0in 0in 6pt;"><span style="line-height: 150%; font-family: verdana, sans-serif; font-size: 10pt;">This programme is designed to enhance students writing skills, with particular attention to grammar, spelling, vocabulary, language register, and organisation of ideas. Historically, participating students have shown marked improvement in their writing skills, which has also reflected upon their course grades.</span></p> <p style="text-align: justify; line-height: 150%; margin: 0in 0in 6pt;"><span style="line-height: 150%; font-family: verdana, sans-serif; font-size: 10pt;">Prior to submitting the final draft of the research paper, students (whether native English speakers or not) are required to meet with a member of the <b>English Tutoring Lab (ETL)</b> to review the paper from the point of view of grammar, language register and organization of ideas. At the end of the course, the ETL will provide the instructor with a report on each student; the report will simply state whether the student has met with a tutor and whether the session was profitable or not. </span></p> <p style="text-align: justify; line-height: 150%; margin: 0in 0in 6pt;"><span style="line-height: 150%; font-family: verdana, sans-serif; font-size: 10pt;">Based on the English Tutor&rsquo;s report, the professor will either detract up to 3% from the portion of the grade of the research paper or add up to 3% to the portion of the grade of the research apper. As an illustration:</span></p> <p style="text-align: justify; line-height: 150%; margin: 0in 0in 6pt 0.5in;"><span style="line-height: 150%; font-family: verdana, sans-serif; font-size: 10pt;">-</span><span style="line-height: 150%; font-family: verdana, sans-serif; font-size: 10pt;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </span><span style="line-height: 150%; font-family: verdana, sans-serif; font-size: 10pt;">Student has attended at least one session and has shown substantial improvement:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <b>+3% on the research paper portion of the grade</b></span></p> <p style="text-align: justify; line-height: 150%; margin: 0in 0in 6pt 0.5in;"><span style="line-height: 150%; font-family: verdana, sans-serif; font-size: 10pt;">-</span><span style="line-height: 150%; font-family: verdana, sans-serif; font-size: 10pt;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </span><span style="line-height: 150%; font-family: verdana, sans-serif; font-size: 10pt;">Student has attended at least one session with moderate improvement:&nbsp;&nbsp;&nbsp;&nbsp;<b>+1% on the research paper portion of the grade</b></span></p> <p style="text-align: justify; line-height: 150%; margin: 0in 0in 6pt 0.5in;"><span style="line-height: 150%; font-family: verdana, sans-serif; font-size: 10pt;">-</span><span style="line-height: 150%; font-family: verdana, sans-serif; font-size: 10pt;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </span><span style="line-height: 150%; font-family: verdana, sans-serif; font-size: 10pt;">Student has failed to attend:&nbsp;&nbsp;&nbsp;- <b>3%</b> <b>on the research paper portion of the grade</b></span></p> <p style="text-align: justify; line-height: 150%; margin: 0in 0in 6pt 0.5in;">&nbsp;</p> <p style="line-height: 150%; margin: 0in 0in 6pt;"><span style="line-height: 150%; font-family: verdana, sans-serif; font-size: 10pt; text-decoration: underline;">The ETL will NOT grade the papers. </span></p> <br /> 
Midterm exam<p style="text-align: justify; line-height: 150%; margin: 0in 0in 6pt;"><span style="line-height: 150%; font-family: verdana, sans-serif; font-size: 10pt;">The midterm will consist of i) presenting the student with a case or set of facts, and requesting an analysis of the situation and possibly requesting a proposed solution or prediction of the outcome of the case and ii) more general essay-type questions, in which the student is asked to discuss a particular area covered by the syllabus. </span></p>30%
Final exam<p style="text-align: justify; line-height: 150%; margin: 0in 0in 6pt;"><span>The Final exams will consist of i) presenting the student with a case or set of facts, and requesting an analysis of the situation and possibly requesting a proposed solution or prediction of the outcome of the case and ii) more general essay-type questions, in which the student is asked to discuss a particular area covered by the syllabus. </span></p>30%

-ASSESSMENT CRITERIA:

 

 

At the end of the term, students with 93-100 points will receive an A; 90-92 an A-; it is unlikely that more than a few students will fit into the A category.

Work of this quality directly addresses the question or problem raised and provides a coherent argument displaying an extensiveknowledge of relevant information or content. This type of work demonstrates the ability to critically evaluate concepts and theory and has an element of novelty and originality. There is clear evidence of a significant amount of reading beyond that required for the course.

Students who are able to achieve this grade will:

· show, by means of their written exams and their participation in class discussions, an understanding of the material we have covered, and recognize and apply the legal principles we have covered to a variety of fact patterns;

· recognize the overall policy or purpose of a particular legal framework, and express a reasoned opinion about its efficacy;

· be able to express themselves, both orally and in writing, clearly and concisely, and independently carry out legal research by means of Westlaw or other appropriate research tools.

· generate and present a research paper that will be of educational value to themselves and to other students in the class.

Students who receive 87-89 points will receive a B+; 83-86 a B; 80-82 a B-; students who are better than average, but not excellent, will fit into the B category.
This is highly competent level of performance and directly addresses the question or problem raised.

There is a demonstration of some ability to critically evaluatetheory and concepts and relate them to practice. Discussions reflect the student’s own arguments and are not simply a repetition of standard lecture andreference material. The work does not suffer from any major errors or omissions and provides evidence of reading beyond the required assignments.

Students who are able to achieve this grade will:

· show, by means of their written exams and their participation in class discussions, that they have studied and understood the material we have covered, and apply legal principles to hypothetical fact patterns, even though they may not grasp the subtleties of the issue presented in all cases;

· express themselves, orally and in writing, well enough to be understood, but with some disorganization;

· effectively rely on research sources that are provided to them, even though they may not be able to independently generate their own research sources;

· complete and present a research paper that will be interesting and educational to some other students in the class.

Students who receive 77-79 points will receive a C+; 73-76 a C; 70-72 a C-; average students will fit into the C category.
This is an acceptable level of performance and provides answers that are clear but limited, reflecting the information offered in the lectures and reference readings.

Students in this category will:

· show, by means of their written exams and their participation in class discussions, that they have read the material we have covered, and perhaps memorized specific legal theories or provisions;

· will express themselves, both orally and in writing, in ways that are difficult for the listener to understand, even though they might have a valid point to make;

· produce a research paper that merely summarizes other scholarly work.

Students who receive 67-69 points will receive a D+; 63-66 a D; 60-62 a D-; below average students will fit into the D category.

This level of performances demonstrates that the student lacks a coherent grasp of the material.

Important information is omitted and irrelevant points included. In effect, the student has barely done enough to persuade the instructor that s/he should not fail.

Students in this category will:

· show, by means of their written exams and their participation in class discussions, that they have read some of the material we have covered in the course;

· will express themselves, both orally and in writing, in ways that are devoid of content with respect to the material that has been covered in the course;

· will have difficulty in producing a research paper.

Students who receive fewer than 60 points will fail.

Students in the F category have a work which fails to show any knowledge or understanding of the issues raised in the question. Most of the material in the answer is irrelevant.


-ATTENDANCE REQUIREMENTS:
The University’s attendance policy is described in the catalogue. Persistent absence or tardiness usually precludes satisfactory performance in the course, and jeopardizes that part of the grade which is based on class presentation and participation. Students are expected to arrive at class on time; students are responsible for all material covered by the syllabus and/or discussed in class, whether or not they are actually present in class.
ACADEMIC HONESTY
As stated in the university catalog, any student who commits an act of academic dishonesty will receive a failing grade on the work in which the dishonesty occurred. In addition, acts of academic dishonesty, irrespective of the weight of the assignment, may result in the student receiving a failing grade in the course. Instances of academic dishonesty will be reported to the Dean of Academic Affairs. A student who is reported twice for academic dishonesty is subject to summary dismissal from the University. In such a case, the Academic Council will then make a recommendation to the President, who will make the final decision.
STUDENTS WITH LEARNING OR OTHER DISABILITIES
John Cabot University does not discriminate on the basis of disability or handicap. Students with approved accommodations must inform their professors at the beginning of the term. Please see the website for the complete policy.

SCHEDULE

SessionSession FocusReading AssignmentOther AssignmentMeeting Place/Exam Dates
Week 1 - - Civil and common law traditions and the development of the Italian legal system The legal traditions; the Roman civil law; the role of precedents in the common law systems; codes and codification; the common law family: influence of United States and Great Britain; the civil law family: influence of France and Germany; the historical development of the Italian legal system. Week 1 on the Reader  
Week 2 - Italian Constitutional LawNature, content and role of the Constitution; constitutional rights and duties; the Parliament; the Government; the Judiciary; the sources of law; the President of the Republic; the Constitutional Court; the Regions; the referendum.Week 2 on the Reader  
Week 3 - European Union LawConstitutional and legislative bases for Italy’s membership in the EC/EU; Italy’s participation in the EU decision-making process; the implementation of EU law in Italy; EU law in the hierarchy of legal sources; application of EU law by the judiciary; the role of the Italian Parliament. Week 3 on the Reader  
Week 4 - Italian Tort LawGeneral introduction to Italian Tort law; sources of tortuous liability; fault and strict liability; injury and damages; material and no-material damages; causation; monetary and non-monetary remedies; limitation of actions.Week 4 on the Reader  
Week 5 - Italian Contract LawGeneral introduction to Italian Tort law; sources of tortuous liability; fault and strict liability; injury and damages; material and no-material damages; causation; monetary and non-monetary remedies; limitation of actions.Week 5 on the Reader  
Week 6 - Family Law and SuccessionHistorical background of Italian family law; civil and concordat marriage; the patrimonial regime of the family; separation, divorce and dissolution; aspects of family succession. Week 6 on the Reader  
Week 7Review and Midterm   
Week 8 - Italian Labor LawThe sources and basic principles of Italian labor law, the distinction between self-employment and subordinate employment; the contract of employment; termination of the contract of employment; invalidity of waivers and transactions concerning workers’ rights; collective bargaining agreements; trade unions; the right to strike; the impact of the 2003 labour market reform on Italian labour law. Week 8 on the Reader  
Week 9 - Civil ProcedureThe civil jurisdiction; the civil courts and their structure; the civil process; the Italian Supreme Court; the path of a civil law case. Week 9 on the Reader  
Week 10Simulation of a process on a practical case in class Review week 8 and week 9 on the Reader  
Week 11 - Criminal procedureThe criminal jurisdiction; the criminal courts and their structure; the ordinary criminal process; the prosecutor; recent developments Week 11 on the Reader  
Week 12Italy: general categories of the Italian legal profession and the university law degree, the practicing profession, legal representation, notaries, paralegals, the Magistracy, the organization of individual courts, the judicial organs; England: the division between solicitors and barristers, the Lord Chancellor, the Law Officers of the Crown; United States: the attorneys; the costs of justice; the judge in the United States. Week 12 on the Reader  
Week 13 and week 14Presentation of research papers and review   
Week 15Final exam  Date to be announced