The Civil Law Tradition in U.S. CourtsClass Term:
Spring Term 2018-2019Catalog Number:
3 (3 Contact, 0 Field)Graduation Requirements:
International / Comparative
General Enrollment CourseFull Year Course:
The courses uses TWEN.
25% of the final grade will be based on oral performance and short drafting exercises throughout the semester and 75% on a final paper.
The course will introduce students to the increasing foreign law issues from the civil law tradition that U.S. courts find themselves resolving today. It will consist of some traditional classroom work but will be devoted equally to negotiations, various drafting exercises, litigation simulations, and other problems arising in current case law that involve arguing, assessing, and briefing. Reading topics and practical written or oral exercises will address the encounter of the common and civil law in cases such as those concerning the Vienna Convention on Consular Relations, Section 1782 discovery requests and blocking statutes.thatThe U.S. lawyer and judge dealing with cases involving parties from another country will confront a different perception of many legal institutions and roles. This course aims to familiarize students with the ways in which the two legal traditions are meeting in today’s international law practice. Depending on class size, as much practical experience as possible will be taught, including short drafting and in-class arguments.