| Description |
This seminar will be held on the following days (tbc):
• September 30, 2022, 09.30 – 17.30; The lecturers will provide an introduction to U.S. Civil Procedure and its impact on Switzerland and paper topics will be distributed.
• Presentations and discussion: Friday December 2, 2022, 08.30 – 18:00
• Presentations and discussion: Saturday December 3, 2022, 09.00 – 15:00
Maximum number of participants is 15.
Application by E-Mail, Felix.Dasser@homburger.ch, with cc kirstin.dodge@unibe.ch, until Monday, September 26, 2022.
The seminar, including the presentations, will be held in English. Seminar papers may, how ever, be submitted in English or German. Seminar papers should have a word count of 4500 to 5500 words (not including the title page, table of contents, source lists, and declaration of independ-ence); oral presentations should take about 20 minutes. Active participation in the discussions is expected and will be taken into consideration in grading.
Seminar paper topics will be distributed at the end of the first seminar day. The papers need to be submitted by November 21, 2022.
Description:
From a civil law perspective, U.S. Civil Procedure is as alien as it is close. Swiss businesses, law-yers and courts are regularly confronted with procedural concepts and practices that are difficult to reconcile with Swiss concepts. Some of them may help us reconsider cherished civil law traditions, other might simply appear disturbing. This seminar will investigate and discuss principles of U.S. civil procedure and their often surprisingly tricky interplay with civil law, in particular Swiss law.
Students will be introduced to the basic principles of procedural law in the U.S., with an emphasis on the federal courts, and to the practice of international legal assistance and recognition.
They will address and present topics such as international jurisdiction, access to justice, procedural policies, class actions, trial by jury, and how to gather evidence in Switzerland without facing crimi-nal prosecution. Each presentation by a student will be followed by discussion. |
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