BERGAMO
Overview
Date/time interval
Syllabus
Course Objectives
This course introduces students to the foundations of business law as governed and regulated within the two most representative common law jurisdictions: the UK and the USA. This course will be taught entirely in English in order to enable students to familiarise themselves with the related legal terminology and to draw their attention to the meaning of the various business law concepts in these jurisdictions. By the end of the course, students will be equipped with the necessary linguistic skills to confidently approach and critically analyse some of the most fundamental issues that characterise UK and US business law. Additionally, given the increasing pervasiveness of common law-governed cross-border transactions, students, by reviewing and discussing official forms of corporate and commercial legal documentation, will experience the opportunity of exploring some of the key aspects related to business law in practice.
Course Prerequisites
Whilst there are no specific linguistic prerequisites students are asked to meet, they are nevertheless reminded, in consideration of the objectives and content of the course, that their English proficiency should be at least B2 (following the CEPR, “Common European Framework of Reference”).
Teaching Methods
The course comprises 36 hours of in-person classes where students will be asked to participate in and discuss the relevant issues. In this respect, students should consider reading the material carefully before attending each respective class (following the instructions set out in the Course Syllabus): this will maximise the level of their participation and enable them to critically express the variety of issues covered. The course will feature team-working sessions to introduce students to UK and US caselaw reasoning. Additionally, special sessions will expose students to the practical application of the theoretical issues discussed during the course by discussing and debating selected decisions by the competent UK and US courts. To prepare for these sessions, students will be asked to draft short essays to improve their command of English legal writing.
Assessment Methods
Assessment is based on an oral exam featuring at least questions on the topics covered during the course, all of which can be revised by studying the course reading material. Class attendance – even though not compulsory – together with the level of participation and the accuracy of the written essays given during the course, will also contribute to each student’s final grade.
Contents
After a preliminary introduction to the main features of the UK and the US legal systems, the course will focus on the following main areas of business law: Business Organisations and Insolvency/Bankruptcy Law. Students will also be provided the source legal references to gain a clear understanding of the frameworks governing listed companies in both jurisdictions. The Business Organisations’ section of the course will break down the key characteristics of the most widespread for-profit organisations regulated by business law in the UK and some of the leading US states (predominantly Delaware): that is, partnerships and companies (listed and non-listed). With regard to listed companies, the course will outline the basic functioning of stock markets in the UK and the USA and the way listed companies operate within these markets in order to raise corporate capital. Finally, the course will provide students with a knowledge of the fundamentals of Insolvency Law in the UK and Bankruptcy Law in the USA, highlighting the various legal prerogatives and options available to creditors in the context of distressed businesses.
Online Resources
More information
Class attendance is not mandatory. However, in consideration of the specific course objectives and content, class attendance is strongly recommended. In fact, through regular attendance, participation in discussions of the various business law issues and application of legal-writing techniques, students will enhance their exposure to an effective, comprehensive and rewarding learning process.
Given the course content (i.e., analysis of the main features of business law across two jurisdictions), the reading materials include selected publications by some of the most prominent UK and US legal scholars and relevant UK and US caselaw decisions. These materials, together with a guide to the course (Course Syllabus), will be made available to students through the university platform (MOODLE) at the beginning of the course.