Boston Legal tour

   America President Wilson said: the law is the crystallization of social customs and ideas. The legal person to master and understand the art pursuing, essential is to understand and study of legal culture. As one of the most ancient USA Boston , most has the legal and cultural value of the city, has been the legal people dream of education ideal. In 2012, July to August, I had the honor to come to this city and to attend Boston University "practitioners of legal English curriculum" learning experience, feeling quite a lot, especially to the share, for your reference.

   And other public oriented students language courses, this course is jointly offered by the Faculty of the Boston University School of law and Language Center, mainly for legal professionals of lawyers, legal understanding America legal system, improve the legal English level design, every summer in mid July commencement, four week course, although short, but a lot of harvest.

   First of all, from the students point of view, has been quite internationalization, this year, for example, a class of 18 students, two of Japan, South Korea two, a Saudi, Mexico three, Columbia two, a Brazil, Russia a, Angola two, Dominica one, Italy a Taiwan area, a, Chinese, only me. The students mainly have 3-5 years work experience in practicing attorneys and in-house. Diverse student team provides greater AC basis for our legal study, to learn more about different culture background of law through the other students we are learning America legal culture at the same time. Worth mentioning in these participants is the lawyer, from Taiwan, he has no legs, hands were severely disabled, even the pages will need people to help, but the waist, with the support of her family, try to keep the law finally obtained lawyer qualification and learning, this time his mother dear also traveled to accompany him to Boston learning, the spirit is indeed moving and shocking.

   Secondly, the curriculum of science, more in line with the short-term learning needs, the curriculum for English law and half had four hour course, every morning, Monday and Wednesday afternoon is also arranged a group discussion activities. Teachers also is hired local well-known professor to teach us, a total of two teaching teacher in charge of our class, Professor Donna from law school professor, is mainly responsible for the USA law course, another is the Boston University Language Center Lori teacher, responsible for English teaching, which also has a day course is composed of the dean of Boston University's law school taught us American constitution.

   Of course, the course attracts me is not just this, but in two major courses for the students to provide around. The first is the main grouping simulation of law firm in the partnership agreement, each student two people group, one of them is the role of individual independent practice for many years, have a certain case, mainly specializes in non litigation lawyer Kristina, another person to play in all 8 years of litigation experience, but no customer resources salaried lawyers Liam. The two lawyers intends to set up a partnership law firm. As for the realistic, the teacher provided information is divided into two parts, one part is the background information on both sides open, the other part is confidential information only know (such as personal weakness). Then two people according to the allocation of roles and get the information of the partnership agreement negotiations, the need to talk about problems related to the proportion of investment, investment way, their commitments service, profit distribution and so on several aspects. Negotiations are conducted in the spare time a week of each group to report in class, the final outcome of the negotiations.

   In order to help negotiate, the teacher also provides some USA law firm distribution system data, I spent some time on the translated, and formed a small "USA firm seven common distribution system", studying under quite enlightening, my understanding is: the partner distribution system variables are mainly: personal performance (also can be divided into open performance and job performance), evaluation of team performance, firm performance, seniority, level, partnership share, he group. Management has a famous saying "You get what you measure Science (what you get what assessment)", different distribution system is the different combinations of these variables, and how to mix depends on development strategy of stage specific to each index stressed or weakened.

  My opponent is the Mexico women lawyers Eneida, negotiations have not gone smoothly, both sides stick to their positions, reluctant to compromise. Almost at the last half a day before the deadline, we hit the association discussion, for the key distribution problem, we adopt the 70% profit according to the individual income distribution, 30% the average distribution of profit pattern, takes a personal interest and team cooperation. In the final report of the group, we talk about the judgment results in various aspects are recognized as the most outstanding. By simulating the ways to maximize the reduction of the real negotiation let me benefit.

  A course of second is the most imitated court teaching end. The teacher provides a three parties to a traffic accident case, the plaintiff, defendant trainees were served as first, the second defendants, lawyers, witnesses, expert witnesses role, fully in accordance with the judicial institution to conduct the trial judge, the law school professor, also be invited a group of other professional students served as the jury and given the actual ruling group.

  In this case, the students according to the three parties were divided into three groups, each group are preparing their own evidence, agent strategies. Our group is creative, the teacher does not provide traffic accidents scene sketch map, but I according to the information provided in the case, with the aid of the Google map to find the location of the accident, and the field real map as the basis of analysis of cases, in the trial process, we use the projector in the live show the scene real terrain, help the jury quickly understand the facts of the case and the focus of controversy.

   The trial court and America as true, the entire trial followed by the opening statement, witness appearing in court and the parties closing. And China is different, cross examine a witness is the most important part of the trial, the evidence is in the process of he cross examine witnesses in conjunction with the testimony of witnesses to show and tell. According to the USA legal system, the parties before the court will have the chance to witness "the other party and the pretrial evidence", know each other will provide evidence and testimony, rather than the "surprise attack". As with the actual cases, asking us and the other witness also takes up most of the time we prepared before the courts, which in order to procedural issues, there are also many quarrels and tangle.

   The trial witnesses have a funny little details, a classmate as the key witness from Japan, while Japan is right rudder cars, driving on the left side of the road, so we questioned she witnessed the direction of travel of the vehicle, she was described according to Japanese custom, with the actual situation on the contrary, we will seize this point do not put, attacked her testimony is not credible, but also achieved good results.

   One of the second defendant's lawyer is my character, I in the trial last appearance: second the final debate. And the court is not the same, debate is published on the jury, and the jury's role mainly decide the facts, rather than legal problems, so my argument opinion did not a long and minute statement introduces analysis method and case, but to seize the loopholes of each other's convince the jury to benefit in my judgement of facts. By virtue of my case in-depth analysis and in China for many years of law experience, my speech is the parties applause.

   In addition to the two from the outside, the school also arrange some other extracurricular activities, such as going to Boston USA first Federal Circuit Court of appeals to attend the trial, and the judge communication. The Boston Bar Association for we organized a reception, let us have the opportunity to communicate with the local law.

   In this study, there is a windfall. According to Boston's Massachusetts law, foreign students can apply for a driver's license at the local car. I only stay around in Boston, but heard that this provision, I seize every opportunity, to in local driving registration simple learning USA driving rules and methods, in the driver's license test, and in the Chinese driver for the first time pass rate is very low in the road test a success through, got the validity period of five years the USA license. More important want is, by virtue of this license, you can apply for to drive more than 100 countries in the international driver's license, the harvest is a surprise.

   Just four weeks learning, to American law only superficially like contacts, but English has really improved. The two combat game, but also greatly enhance the management of firms and American court's understanding, also made a number of legal professionals from various countries, this trip is full of harvest. Needs to be pointed out is the two exercises which is worth recommending learning, the model and the detail design is more domestic lawyer training experience.