History of the Common Law: Procedure and Institutions (20010). 3 units. An introduction to the historical origins of Anglo-American law, in which students study selected historical sources and extracts from legal-historical scholarship. Topics: (1) the jury system: medieval origins and European alternatives, separation of grand and petty juries, changes in the functions and composition of the jury from medieval to modern times, the law of evidence and other forms of jury control; appellate review of jury verdicts; the growing disuse of juries and of trials in modern times; (2) civil justice: the forms of action and the pleading system; the regular and itinerant courts; the judiciary; law reporting and other forms of legal literature; Chancery, the trust, equitable procedure and remedies; historical perspectives on the scope of the right to civil jury trial under the Seventh Amendment; the deterioration of Chancery procedure and the fusion of law and equity; the codification movement; the drafting of the Federal Rules of Civil Procedure; the retreat from trial; (3) criminal justice: medieval criminal procedure; presentment and indictment; the recasting of criminal procedure in the sixteenth and seventeenth centuries; the officialization of prosecution and policing; the rise and fall of Star Chamber; defense counsel and the rise of the adversary system in the eighteenth century; the privilege against self-incrimination; the law of evidence; criminal sanctions and sentencing; the emergence of public prosecution; the trend to plea bargaining and other forms of nontrial procedure; (4) legal education: the inns of court; apprenticeship; the emergence of university legal education in the United States; (5) the legal profession: attorneys and barristers; the regulation of admission to the profession; the development of law firms and the trend to megafirms and their twenty-first-century travails. Self-scheduled examination. J. H. Langbein.
SLB - 122 (Mon) SLB - 122 (Wed) Grade mode: graded CRN: 10144
Exam: 12/12/2016 - 12/21/2016 Questions available online Name or Id: Id Length: 24 hour(s)
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