Isaac Borenstein

Examines the structure and function of civil procedure and the requirements of due process of law.

This class will introduce internationally trained LLM in American Law Program students to the basic doctrines and principles of substantive criminal law, including the justifications for punishment, objective offense elements, mental states, mitigating and exculpating defenses and various forms of criminal liability.

This course provides LL.M. students with an overview of the substantive rules governing the admissibility or exclusion of evidence at trial. Subjects include competency of witnesses, direct and cross-examination of witnesses, the rule against hearsay and its exceptions, expert and lay opinion testimony, privileged communications, relevancy, procedural considerations, judicial notice, burden of proof, presumptions, form and type of objections, authentication, the best evidence rule and the use of demonstrative and scientific evidence. The course is designed to give students a fundamental understanding of evidentiary rules in anticipation of taking a US bar exam.

The class covers the basic structure and function of US legal institutions: the congress, the president, and regulatory agencies, and, especially, the federal courts. It examines the role of state law and state courts in the American system of federalism. The course also studies the American judicial processes of constitutional analyses, interpretation of statues, and development of common law. Some attention is paid to court procedures, including trial by jury. Finally, students study a few topics that are illustrative of the treatment of individual rights in American law, such as freedom of speech, anti-discrimination law, and protection of private property. The class grants two credits towards the American Law degree.

Principles of civil recovery for injury, including strict liability, negligence, and the intentional torts, with emphasis on the social, economic, and moral underpinnings of the doctrines.