Universität Wien

030129 KU The Common Law and Equity (2023S)

3.00 ECTS (2.00 SWS), SPL 3 - Rechtswissenschaften
Prüfungsimmanente Lehrveranstaltung

An/Abmeldung

Hinweis: Ihr Anmeldezeitpunkt innerhalb der Frist hat keine Auswirkungen auf die Platzvergabe (kein "first come, first served").

Details

max. 40 Teilnehmer*innen
Sprache: Englisch

Lehrende

Termine (iCal) - nächster Termin ist mit N markiert

Mittwoch 08.03. 11:00 - 13:00 Hörsaal U14 Schottenbastei 10-16, Juridicum, KG1
Mittwoch 15.03. 11:00 - 13:00 Hörsaal U14 Schottenbastei 10-16, Juridicum, KG1
Mittwoch 22.03. 11:00 - 13:00 Hörsaal U14 Schottenbastei 10-16, Juridicum, KG1
Mittwoch 29.03. 11:00 - 13:00 Hörsaal U14 Schottenbastei 10-16, Juridicum, KG1
Mittwoch 19.04. 11:00 - 13:00 Hörsaal U14 Schottenbastei 10-16, Juridicum, KG1
Mittwoch 26.04. 11:00 - 13:00 Hörsaal U14 Schottenbastei 10-16, Juridicum, KG1
Mittwoch 03.05. 11:00 - 13:00 Hörsaal U14 Schottenbastei 10-16, Juridicum, KG1
Mittwoch 10.05. 11:00 - 13:00 Hörsaal U14 Schottenbastei 10-16, Juridicum, KG1
Mittwoch 17.05. 11:00 - 13:00 Hörsaal U14 Schottenbastei 10-16, Juridicum, KG1
Mittwoch 24.05. 11:00 - 13:00 Hörsaal U14 Schottenbastei 10-16, Juridicum, KG1
Mittwoch 31.05. 10:00 - 13:00 Hörsaal U13 Schottenbastei 10-16, Juridicum, KG1
Mittwoch 14.06. 10:00 - 13:00 Seminarraum SEM43 Schottenbastei 10-16, Juridicum, 4.OG
Mittwoch 21.06. 11:00 - 13:00 Hörsaal U14 Schottenbastei 10-16, Juridicum, KG1

Information

Ziele, Inhalte und Methode der Lehrveranstaltung

My overall aim is to give you a solid grounding in the English common law system, such that you will be able to reason like an English lawyer, as well as independently navigate any substantive area of English law. I intend to do this by giving you a solid grounding in the doctrine of binding precedent, including the correct use of databases such as Westlaw and LexisNexis (weeks 1-5). You will then apply these skills in the substantive part of the course, which will focus on the English equitable jurisdiction and its most well-known institutions: trusts, fiduciary duties, and equitable remedies, such as the worldwide freezing order, search order, and the anti-suit injunction (weeks 6-14). Here, we will cover both traditional and commercial equity: we will be looking at applications of equity in contexts as diverse as feudal land holdings, succession, family settlements, charities, lawyer-client relationships, modern international commercial litigation and arbitration, the capital markets, and the Lehmann insolvency following the 2008-09 global financial crisis.

There are many reasons why you should take this class, but you really should in particular if you: would like to gain the basis for understanding common law jurisdictions around the world (not only England, but notably also the USA, Australia, and Canada); would like to gain practical skills in navigating the common law (which will be of use should you take up an internship or work experience in English and other common law legal firms); are interested in international commercial, corporate, or financial law and litigation/arbitration (English law is a go-to governing law in international commercial and financial contracts); are interested in the adversarial mode of procedure (i.e., jury trial, cross-examinations, how to sue someone in the English courts, and the stuff you see in US legal TV dramas); or just would like take a class taught wholly in English.

Generally, classes will entail a lecture delivered by me, with frequent stoppage time for questions and critical discussion. As we progress through the course, this will be increasingly supplemented by your contributions in the oral presentations of a leading case in English equity (see ‘Assessment’).

Art der Leistungskontrolle und erlaubte Hilfsmittel

You will be assessed by way of:

- a written case note, which is designed to improve your skills in identifying what ‘the law’ actually is in common law systems (35%, tentatively due 16 April)
- the 10-15 minute oral presentation of a leading English case, which will deepen your substantive understanding of modern English equity (30%, between 19 April and 14 June)
- a written examination comprising: (i) multiple choice questions on the substantive law; (ii) essay-style reflection questions, to assess your overall progress as a common lawyer (35%, summer exam period)

Bonus marks will be awarded for active contribution in the discussion parts of our class.

Mindestanforderungen und Beurteilungsmaßstab

In principle, you are welcome to take my class at any stage of your studies, but you are likely to benefit more from it after you have a sufficient grounding in the substance and method of your own legal tradition. As such, the course would be ideally suited for those with at least two years’ studies in the law, in any jurisdiction, though this should not be taken as an absolute pre-requisite. If in doubt, contact me to discuss your interest in registering. Erasmus and other international students are also very much welcome.

In line with my overall aim, my main assessment criterion is the extent to which you demonstrate both (i) your understanding of the English common law system; and (ii) critical and independent thinking in respect of modern English equity.

Prüfungsstoff


You will be invited to reflect generally on common law systems, drawing comparisons with your own legal system, as well as on the case you presented in class.

You will also be invited to demonstrate an accurate understanding of all of the substantive legal principles we cover in class. This will be done primarily through the multiple-choice part of the written exam.

Literatur

The vast majority of reading for this class will be judgments of the English courts, with accompanying notes and discussion points that I will upload to Moodle about two weeks prior to the relevant class. For reasons that will become apparent once you take the class, these will, however, not make much sense without the preliminary grounding in common law systems that we will cover in weeks 1-5.

Accordingly, there is no particular reading you must do outside what is prescribed. Nevertheless, if you would like to do some advance or supplementary reading, I recommend the following:

- Common law systems: Holland J and Webb J, Learning Legal Rules: A Students' Guide to Legal Method and Reasoning (11th ed, OUP, 2022).
- Trusts: Penner JE, The Law of Trusts (11th ed, OUP, 2019)
- Equity: Glister K and Lee J (eds), Hanbury & Martin: Modern Equity (21st ed, Sweet & Maxwell, 2018)


Zuordnung im Vorlesungsverzeichnis

Letzte Änderung: Fr 21.04.2023 07:46