Comparative Courts Research Assignment | Buy Assignments Online
November 6th, 2018
Comparative law and courts research paper
Purpose
- For students to practice using the comparative legal method when analyzing multiple countries
- For students to better understand the similarities and differences between the legal systems and judicial departments of the world
Instructions:
- Choose at least two different countries for your comparative analysis
- Do not make this a random selection. Be mindful of why you are choosing them as it relates to some of the recommendations provided in Chapter 2 of the course textbook.
- Write a 10 to 12-page research paper (double-spaced, 12-point Times New Roman font, 1” margins) that includes the following sections:
- An introduction (no more than 1-page) that includes the following
- A research question focusing on the relationship between your countries legal system and whether/how those countries highest court (i.e., US Supreme Court) typically arrives at judgments on a specific area of law (follow the recommendations provided in Chapter 2 of the course textbook).
- An explanation of why it is important to explore your research question.
- An argumentative thesis statement that briefly summarizes the preliminary answer to your research question.
- An introduction (no more than 1-page) that includes the following
- A section (no more than 2-pages) describing the countries in your comparative analysis
- What is their respective system of government (i.e., presidential, parliamentary, aristocracy, autocracy, etc)?
- Discuss at least one way these countries are contextually similar and one way they are different (i.e., historical, social, cultural, religious, political, economic, etc.).
- A section (2 to 3-pages) explaining how each country’s legal system is connected to one or more legal traditions (rely on Chapters 3 and 4 of course textbook).
- Are they understood to belong to the common, civil, Islamic or a mixture of several legal traditions?
- In what ways are their legal systems similar and/or different?
- Have either of the countries legal system tried to “transplant” something from another country’s legal system (HINT: see Chapter 8 of the course textbook)?
- A section (about 2-pages) describing the similarities and/or differences between each country’s judicial department, focusing your analysis on what is considered to be their highest courts.
- How are the officers on these high courts trained AND selected for their seats?
- Are these high courts considered to be mostly independent or accountable to legislators, the executive, and/or the public?
- To what extent do these high courts have judicial review power over legislation and/or executive action? If yes, where does that power come from?
- A section (no more than 2-pages) discussing a specific area of law important for each of your countries
- In the context of what you know about their respective legal traditions has the development and evolution of this specific area of law come through legislation, case law, or executive decree?
- What role did their high courts in particular play in addressing this area of law (if at all)?
- Is the area of law you chose considered “settled” for one/both of your countries? Explain why it is or isn’t relative to their particular legal system(s).
- A conclusion (about 1-page) summarizing the main arguments you made throughout the paper.
- What are the main similarities and/or differences between your countries regarding their legal systems, high courts, etc. you want the reader to remember after reading your paper?
- Why is it only through the comparative legal method that you could discover these?
- The research paper must include no less than 10 scholarly sources (constitutions, legislation, peer-reviewed books, professional journal articles, or law review articles). Each source must be used at least once as an in-text citation and you must include a works cited list at the end of the paper (make sure the cases are also cited accurately on this page). I will accept MLA, APA, or Chicago citations styles.
Grading:
Content—clearly and concisely addresses each section outlined in the instructions=18 points
Sources—proper use of scholarly sources=4 points
Writing Mechanics—Proper sentence structure, grammar, spelling, and punctuation=3 points