ORIENTATION IN THE U.S. LEGAL SYSTEM; AND BUSINESS LAW  AND LEGAL ENGLISH, LEGAL WRITING AND RESEARCH (FOR CHINESE LAW STUDENTS)
 
DATES: JULY 18 - AUGUST 12, 2016    
       
TUITION: $3995
   
       

 

 


Overview

2016 marks the 46th year for the International Law Institutes’ presentation of Orientation in the U.S. Legal System and Legal English and Legal Writing and Research. The ILI program was the first of its kind and served as a model for most law schools programs that followed.

This program is ideal for foreign lawyers, professionals, law students and practitioners in general whose job requires an understanding of the American legal system or for anyone who deals with American and International clients and partners. This program is ideal for international students preparing for graduate legal study in the U.S.

Orientation in the U.S. Legal System; and Business Law


Dates:   August 1 - August 12, 2016

Tuition:  $2,600.00


This program is designed to introduce attorneys to the American common law. Whether
you deal with American corporate clients or American law in general, this program will benefit you significantly. Furthermore, the program will cover the role of common law in international and supranational organizations such as the WTO, the EU, and other similar institutions.

  • U.S. codes and the common law – Introduction to U.S. codified and precedent based laws structures and functions. Understanding how to read and interpret U.S. jurisprudence
  • Hierarchy of laws in the U.S. Legal System – Federalism and the interaction of federal common and statutory law, and state law. The U.S. Constitution and the application of statutory law by U.S. courts
  • Introduction to the traditional common law system – Law creation process in the U.S. common law judicial precedent system. Understanding the evolution of common law over time
  • The American court system – Structure and jurisdiction of the federal and state courts
  • The U.S. court system: Civil litigation – pleadings and discovery. Understanding some special considerations of the U.S. civil procedure, such as submissions by the parties and special rules on the disclosure of evidence
  • The court system: Civil litigation – Trials and the jury system – Understanding the right to a jury trial
  • Regulation of business: corporations and American business practices – Understanding the modalities and process for the people to assemble together for a business or charitable purpose and limit their liability from actions by the corporation
  • The modern private law system: Contracts – agreements and promises – The doctrine of contract formation. Understanding the concept of an “unconscionable” contract: a contract that the government will not enforce.  Torts: obligations between parties that are imposed by the government. The concepts of damages and strict liability
  • Antitrust & competition law – Understanding why and how the government prevents the creation of monopolist practices
  • International business transactions - Buying and selling goods across international borders: the role of INCOTERMs in international trade
  • Visit to the U.S. District Courts for the District of Columbia – observing the court proceedings through actual cases in public hearings
  • Visit to the U.S. Supreme Court – Understanding the role and history of the Supreme Court
  • Tour of the U.S. Capitol – the U.S. Congress as the constitutional representative of the people´s will, its roles and law making process
  • Tour of the U.S. Library of Congress
  • Visit to a U.S. law school. Discussion points: The application process; J.D. degree vs. LL.M. degree advantages; costs of attendance; law school rankings; how to succeed in law school
  • Intellectual property – the importance of the United States IP laws and procedures for international businesses: protecting utility patents, trademark/service marks, design patents, copyrights, and trade secrets
  • Regulation of business: administrative law and the modern regulatory State – The role of the Executive Branch of the Federal Government in creating law, its impact on business and the judicial control of the Executive´s lawmaking power 
  • Visit to a prestigious international law firm. Discussion points: Structure of a major international firm; lawyer training; qualifications; expectations; payment; areas of specialization
  • Commercial bankruptcy laws – The purpose of bankruptcy in insolvency situations and its legal and procedural considerations
  • Arbitration in the United States – The importance of alternative dispute resolution in the United States, and the role of arbitration in private commercial transactions: the legal framework, procedures and considerations in drafting international arbitration agreements
  • International litigation in the U.S. – understanding the role, jurisdiction and limits of U.S. courts in international litigation


 

Legal English and Legal Writing & Research


Dates:  July 18 - 29, 2016
Tuition: $1,900.00

 

The Introduction to Legal English seminar exposes foreign legal practitioners and law students to English legal terminology and usage through an overview of the U.S. legal system, contract law, and legal drafting. In addition to learning a broad range of legal terminology, participants benefit from an introduction to the legal reasoning process in the U.S. legal system, helping them apply the terms and concepts as they learn them.

The seminar consists of two segments—a lecture and a workshop. In the lecture portion, participants examine cases and concepts that help them understand key terminology necessary for U.S. legal practice. In the workshop portion, participants engage with their colleagues and the professor to practice pronunciation, conversation about legal concepts, legal reasoning, and legal writing.

  • Overview of the U.S. Legal System – Discussion on legal institutions, common law, role of precedent in common law systems
  • Legal Research in the U.S. – understanding and using prior cases in researching and arguing law in the U.S.
  • Forming a Business in the U.S. – Partnership Agreements, Corporations, LLCs – Understanding the basics behind different legal business models (also including limited liability partnerships, S-Corporations, and many newer business models)
  • Drafting a Partnership Exercise – understanding the legal and practical requirements of business partners and then using that knowledge to actually draft an agreement for the partners
  • Contract Drafting in the U.S. – Structure of a Contract and Key Provisions – Understanding key language in typical contracts
  • Contract Drafting – Provision Drafting Exercise – utilizing knowledge learned in previous session to draft actual language for contract provisions
  • Contract Drafting in the U.S. – Utilizing Templates in Contract Drafting – understanding that often times previous contract language can be updated and adapted to suit current needs. Also learning to use model agreements and adjust to suit demands
  • Legal Writing Exercise – multiple exercises to practice and strengthen use of word choice and use of definitive statements
  • Contract Drafting Exercise – A full day exercise where teams will represent clients, learn their needs and then negotiate a contract with another team, while trying to get the best advantage for their clients. The exercise will end with drafting actual language of the negotiated agreement
  • Overview of International Commercial/Business Arbitration – learning the key points of business arbitration: arbitration clauses, rules, and procedures
  • Arbitration Exercise – teams will go through a model arbitration, arguing a case to real arbitrators
  • U.S. Court System & the Process of a Business/Commercial Trial – will provide a detailed explanation of how courts work in the United States with respect to business litigation
  • U.S. Civil Procedure – the key points and rules of U.S. Civil Procedure will be covered
  • Drafting Exercise – Drafting and Filing a Complaint in U.S. Litigation – understanding the processing of filing a complaint (and starting a legal case) as well as understanding the legal text that goes into a complaint
  • Pre-Trial Motions and Discovery in U.S. Litigation – understanding the process of pleadings that occur prior to a trial starting as well as a discussion of the role of discovery in trials
  • U.S. Courts in Focus – Differences Between Civil and Criminal Trials – this session will highlight the key differences between a civil and criminal proceedings in the United States; Appeals and Appellate Courts – understanding what happens to a case after a trial in the U.S. legal system, which can often involve appeals to a higher courts
  • Drafting Exercise – Drafting and Appeal – using knowledge from the previous session to draft language for an appeal to a higher court