BRIEF INTRODUCTION:
This course offers a comparison of civil procedure as it is practiced in the common law (using the U.S. as an example) and in the civil law legal systems. The instructor, a U.S. lawyer with extensive experience in international civil litigation, will discuss how each step of a U.S. civil proceeding is conducted, and the class members will join in discussions comparing U.S. civil procedure to the procedure of their home jurisdictions. The discussions will center on the practical implications of differing civil procedure systems as applied to international civil litigation, but they also will deal on a more theoretical level with the comparative advantages and disadvantages of differing approaches to civil procedure.
LEARNING OUTCOMES:
By the end of the course students will be able to:
⦁ Understand the fundamental differences between the civil procedure systems in common law and civil law jurisdictions
⦁ Discuss the comparative differences between civil procedure systems in a fluent and confident manner
⦁ Identify issues that may arise in the practice of international law resulting from differences in civil procedure systems
⦁ Develop strategies to assist clients in achieving favorable results when dealing with differences in civil procedure systems
⦁ Form and express opinions on the comparative advantages and disadvantages of differing approach to issues of civil procedure
LEARNING ACTIVITIES AND TEACHING METHODS:
The course primarily uses lectures and interactive class discussions. The instructor will illustrate differing approaches to civil procedure by hypothetical scenarios involving a European manufacturer that exports products to the U.S. and becomes involved in contract, product liability and antitrust litigation with U.S parties. In addition, the instructor will provide a gentle introduction to how law is taught in U.S. law schools under the "Case Study" and "Socratic" methodologies.
- Instructors: Richard Franklin, Markus Petsche