University of Pittsburgh School of Law An Introduction

University of Pittsburgh School of Law: An Introduction to U. S. Law Schools 강원대학교 4. 28. 2010

John Riley, Esq. • J. D. from University of Pittsburgh School of Law • 현 Partner Lawyer at Ernst & Riley Law LLC • 이민법, 재산 관리법, 소송법 전문 • 미국 이민 변호사 협회 (AILA) • 현 동국대학교 법과대학 국제법 교수 • YIJIN 국제법 기환 회원 (서울) • 개인 연락처 • Email) jriley@eandrlaw. com; johnriley 007@gmail. com • CELL) 010 -2395 -7753

Why Study Law in the U. S. ?

• Advantage in Getting a job in the U. S. : • Large U. S. firms represent several Korean clients in the U. S. (Samsung, LG etc. ) • Korean lawyers who study US Laws have a lot of advantage (language, cultural) • Large Korean population in the U. S. and very few Korean lawyers • Law degree is one of the most preferred for a foreign student • Advantage in Getting a job in Korea: • U. S. law degrees are very attractive for Korean companies/government • • Your English ability will greatly improve Global companies need international expertise

Two Main Programs for Foreign Law Students • LLM Program (generally 1 year) • If you have a foreign law degree and want to take a U. S. bar exam • JD Program (3 years) • More difficult & Intensive • Harsher Gradings • Longer, but better to get a job ✴Other smaller programs, but they are very specialized

LLM Program at Pitt Law • One year program (24 credit hours) • Diverse Experience with foreign lawyers and foreign law students • Students can take any classes to learn about US laws • Take classes with US law students, and therefore no difference between JD and LLM with respect to classes • Only 2 -3 required classes • Legal writing • Intro to US law • Legal writing project with faculty • All other classes are picked by student • You can concentrate on Intellectual Property Laws

LLM Program at Pitt Law • Advantages: • Short time • Cheaper ($31, 000 for the degree) • Bar exam in some states (New York, California) • Job opportunity with large law firms, government agencies • Pitt Law is famous for abundant opportunity foreign students • Disadvantages • Some schools require you to have law degree and other requirements • Some states do not allow you to take the bar exam • Difficult to learn everything in one year

LLM Program at Pitt Law • 15 students each year • Each student’s program is carefully planned • Many activities for small LLM class • Trip to Supreme Court • Summer internships for all LLM students • Companies (Alcoa, Heinz, Westinghouse) • Large law firms (Jones Day, K&L Gates) • Other Legal Organizations • Summer internships can be your permanent position • Admission Requirements • Do NOT have to be a lawyer to get into Pitt LLM program

JD Program • 3 year program • Open to all students who want to “practice law” in the U. S. • Year 1: All students take same classes • Contracts (계약법) • Torts (불법행위) • Constitutional Law (미국헌법) • Criminal Law and Procedure (형법 + 형사소송법) • Civil Procedure (민사소송법) • Property (재산법) • Legal Writing

JD Program • Years 2 -3: • Students can take any classes they want • there a few requirements (e. g. , ethics or upper level legal writing) • Degree certificate programs (You should complete certain number of credits like 30 with at least B+ grades) • Intellectual Property (지적재산권) • Civil Litigation (소송법) • Family Law (가정법) • International Law (국제법) • Environmental Law (환경법)

JD Program • Advantages: • Take the bar exam in any state • Learn more about U. S. legal system • Get more internship opportunities because program is three years • Law firms, government agencies, courts generally prefer J. D. to LL. M • Disadvantages: • Takes longer (3 years) • More expensive (at least $93, 000 for tuition)

First Year Classes: JD Program (also many LLM students take)

• First Year Classes Are Very Important: • 1) For getting a job (summer internship or permanent position after graduation) • 2) Major Bar exam subjects • Contracts (계약법) • Torts (불법행위) • Constitutional Law (미국헌법) • Criminal Law and Procedure (형법 + 형사소송) • Civil Procedure (민사소송법) • Property (재산법) • Legal Writing

• Contracts (계약법): • Diverse Laws • Common Law Contracts (보통법 계약) (영미법) • Uniform Commercial Code (UCC: 통일상법전) • UN CISG (국제물품매매계약에관한UN) • Contract Formation: • offer (청약), acceptance (수정), consideration (약인), terms (조건), rejection (거절), counteroffer (반대청약), revocation (철회), option contracts (선택계약) • Warranties (보증 조항) • Duties of the Buyer/Seller (구매자/판매자의 의무) • Remedies for Breach of Contract (계약위반의 보상)

• Torts (불법행위): • Negligence (과실) • Different duties of people, business owners, doctors, manufacturers, retailers • Damages (배상금) • Defenses (Proving Defendant is not at fault) • Intentional Torts (고의에 의한 불법행위) • Product Liability (제조물 책임에 관한 법률) • Strict Liability (엄격 책임) • Jury Trials in Civil Law (민사사건의 배심원 재판)

• Constitutional Law (미국헌법): • Government Structure and Power(정부 구조와 권력) • Judicial (사법부) • Legislative (행정부) • Executive (입법부) • Individual Rights (개인의 권리) • Due Process (적법절차) • Equal Protection (평등권 보호) • Freedom of Speech (언론의 자유) • Freedom of Religion (종교의 자유) • State and Federal Power “Federalism” (연방주의의 개념)

• Criminal Law and Procedure (형법 + 형사소송): • Search and Seizure (경찰수색에 관한 절차) • Jury Trials (형사사건의 배심재판) • Murder (살인) • Manslaughter (비의도적 살인) • Other misdemeanors and felonies (경범죄/중범죄) • State of mind of the defendant (피고의 정신상태) • Defenses (To prove Defendant is not guilty)

• Civil Procedure (민사 소송): • Process for how a plaintiff (원고) sues a defendant (피고) • How • When • Where • Jurisdiction of the Courts (관할법원) • Federal Courts (연방법원) • State Courts (주법원)

• Property (재산법): • Types of ownership • Mortgages (담보) • Landlords (지주법) • Wills (유서) • Intellectual Property • Infringement of trademarks, patents, copyrights (상표 권침해, 특허권침해, 저작권침해)

• Legal Writing: • Most important class for law students future • especially foreign students: should really try hard in this class and take many advanced writing courses • Legal writing is basis of bar exam, internships, jobs etc. • Learn how to write different kinds of legal documents

Year 2 -3: Classes in JD Program (also many LLM students take)

• Hundreds of classes offered at most US law schools: • Many students take “bar exam” courses: • Corporations (회사법) • Tax (세법) • Sales (상품판매에 관한 법) • Trusts and Estates (유언및 상속법) • Many advanced courses in various subjects: • Health Law, Environmental Law, Bankruptcy, Banking Law, Business Law, Tax Law, Family Law, Elder Law, Civil Litigation, Criminal Law

Year 2 -3: Clinics

• Students can do Legal Practice Clinics • Clinic: where students work with lawyers at law school in REAL cases during school HIGHLY recommended • Health Law • Estate Law • Family Law • Environmental Law • Business Law • Tax Law • Excellent for learning Practical Legal Skills • Working with real, actual client, attending court proceedings • Make legal documents, e. g. contracts, complaints

Year 2 -3: Work Experience

• Many Internships available to students • Prosecutors Office • Federal Courts (연방법원) • State Courts (주법원) • Law Firms • Government Agency (정부기관) • City/County/State, Federal Agencies • Example: Veterans Affairs • Patent Office • Universities Legal Research Position • International Groups: for example, UN

How to Apply to U. S. Law Schools

LLM Application • TOEFL Score • Application • Certificate of a law degree • Personal Statement • Letter of Recommendation • Optional Statement • Resume • And other materials required ØWith good writing skills, you may expect admission from very prestigious schools like Harvard, Stanford or Yale Law Schools.

JD Application • LSAT Score • TOEFL Score • Application • Personal Statement • Letter of Recommendation • Optional Statement • Resume • And other materials required ØJD admission is very tough generally. You should apply to as many schools as you can because admission rate is known much lower than LLM admission.

QUESTIONS? • If you have any question about LSAT, US Law School Admissions, US Law Schools, Visa and Immigration: • Email) jriley@eandrlaw. com; johnriley 007@gamail. com • Cell) 010 -2395 -775 3 • At my law firm we have a Korean law clerk. Please send ANY questions to: • 장진성: jinsungchang@gmail. com • (SNU undergraduate and Pitt Law JD) • Law Clerk at Ernst & Riley Law LLC • Assists Law School Applicants/Students