LL.M. Introduction to the Law and Legal System of the United States—Part I

LAW 7932—Section 26E0—Class Number 15737


Professor Pedro A. Malavet

Fall 2019
Tuesday from 4:30 to 6:30 p.m.
Holland Hall Room 360

Course Description

LAW 7932: LLM in Comparative Law Introduction to the Law and Legal System of the United States Part I (2 credits). An introduction to the comparative method and to legal education, professionalism and the law and legal system of the United States specifically designed for students and legal professionals trained in a system other than that of the United States.

First Day Assignment Fall 2019

Assigned Texts

Welcome to the University of Florida Fredric G. Levin College of Law!
I look forward to the start of classes on Tuesday, August 27, 2019.

Your assigned texts are:

First Day Assignment

For our first class on Tuesday, August 27, 2019,

  • Before Class
    • Please download handout number 1, Introduction to the Comparative Method, and
    • Review the Syllabus, which includes the course description, rules and testing methodology after I updated that page the week before school starts.
  • For Session 1:
    • Going over the updated General Syllabus and class rules and expectations.
    • Comparative Method: Chapter 1: Comparative Law as Looking Glass, pp. 1-30
      • What looking at a legal system that is foreign to you teach you about your own system.
    • Comparative Method: Chapter 3: Comparative Law: Definition, Objectives and Methods, pages 78-103
      • (Please note that I will NOT cover Chapter 2 on US Judicial treatment of foreign law. I include it in the handout just for your information.)

PROFESSOR MALAVET

Schedule and Reading Assignments

This is a tentative schedule for the Fall 2019

Unless otherwise indicated, class materials will generally be posted in the course eLearning page. I will post here the reading assignments, which I will update as we make progress covering the material throughout the semester.

  • Handout 1: The Comparative Method
  • Tuesday, August 27, 2019
    • Session 1
      • Going over the updated General Syllabus and class rules and expectations.
      • Comparative Method: Chapter 1: Comparative Law as Looking Glass, pp. 1-30
        • What looking at a legal system that is foreign to you teach you about your own system.
      • Comparative Method: Chapter 3: Comparative Law: Definition, Objectives and Methods, pages 78-103
          • (Please note that I will NOT cover Chapter 2 on US Judicial treatment of foreign law. I include it in the handout just for your information.)
  • Tuesday, September 3, 2019
    • Session Lost due to Hurricane Dorian.
  • Tuesday, September 10, 2019
    • Session 2
      • Comparative Method: Chapter 5: Comparative Legal Education, pages 129-151
        • Legal education and professionalism are approached in rather different ways in the U.S. and the Common Law World and in other systems. It provides a good frame of reference for comparison and discussion.
      • Burnham Chapter IV: Legal Education and Professionalism in the U.S., pages 135-175
      • This discussion will cap the introduction to the Comparative Method and set up our discussion of the specifics of the Law and Legal System of the United States that will start next week.
  • Tuesday, September 17, 2019
    • Session 3
      • Burnham Chapter I: History and Governmental Structure, pages 1-39
  • Tuesday, September 24, 2019
    • Session 4
      • Burnham Chapter I: History and Governmental Structure, pages 1-39
  • Tuesday, October 1, 2019
    • Session 5
      • Burnham Chapter II: Legal Methodology, pages 40-85
  • Tuesday, October 8, 2019
    • Session 6
      • Burnham Chapter II: Legal Methodology, pages 40-85
  • Tuesday, October 15, 2019
    • Session 7
      • Burnham Chapter III: The Adversary System and Jury Trials, pages 86-134
  • Tuesday, October 22, 2019
    • Session 8
      • Burnham Chapter III: The Adversary System and Jury Trials, pages 86-134
  • Tuesday, October 29, 2019
    • Session 9
      • Burnham Chapter V: The Judicial System, pages 176-209
  • Tuesday, November 5, 2019
    • Session 10
      • Burnham Chapter V: The Judicial System, pages 176-209
  • Tuesday, November 12, 2019
    • Session 11
      • Burnham Chapter V: The Judicial System, pages 176-209
        • I will cover a few more Subject Matter Jurisdiction matters, the Erie Doctrine, injunctions and abstention.
      • Burnham Chapter VII: Civil Procedure
        • Personal Jurisdiction, pages 282-294
        • Choice of Law, related to Erie, pages 294-301
  • Tuesday, November 19, 2019
    • Session 12
      • Catching up if we should fall behind or come back to material on which we may wish to spend more time
      • Review of the Material We Have Covered.
        • I will answer your questions about topics that we have discussed this term. I will probably use your practical projects to select the topics.
  • TBD
    • Session 13
      • I am not yet certain how I will make up the lost session.
  • The Final Exam will be a Take-Home Examination