Bachelor of Laws in the Anglo-Saxon legal system
The Bachelor of Laws (internationally abbreviated LL.B. , LLB or more rarely Ll.B. , in Switzerland also B Law ) is a first academic degree from England. Depending on the legal system in which it is used, it denotes the completion of the first, undergraduate academic cycle of a law degree.
term
The "LL." the abbreviation stands for the plural (genitive) legum (from lex, legis f. , law), "LL.B." hence for the Latin degree designation Legum Baccalaureus . In its original conception from the 18th century, England completed a degree in the Corpus iuris civilis , i.e. Roman law and general English law ( Common Law ). Accordingly, two different legal systems were actually taught during the course. Regardless of this peculiarity, the English degree designation including the abbreviation was partly adopted by the Bologna Process in continental European countries, although common law is alien to them , and therefore only one thing, namely the respective national law shaped by EU law, is conveyed in the course of studies becomes.
Depending on the respective common law legal system, the degree is also called undergraduate , or bachelor, degree in law or first professional degree in law and in most of these countries represents the first professional legal degree. In the English-speaking part of Canada, it is sometimes understood a postgraduate degree. A general university education is an admission requirement for law studies.
United States
The United States is the only country with a common law legal system to qualify for the LL.B. no longer offers. Was the LL.B. Awarded at Yale University until 1971 , the US universities have since moved on to only award the degree of JD, a professional doctorate , which in the United States eventually became a professional law degree. Sometimes the LL.B. ironically referred to as the "Bachelor of Legal Letters".
Canada
In Canada, Bachelor of Laws was originally the name of the first degree in common law . However, it is also the name of the Bachelor of Civil Law, the first legal degree in Civil Law , i.e. the legal law shaped by continental Europe, which is awarded by a number of universities in Québec. The Canadian LL.B. degree programs in Common Law have since been renamed without exception to JD (Juris Doctor) degree programs, as they are all so-called second-entry professional degrees ; d. This means that almost all of the admitted students have already completed one or more non-legal courses or have at least completed a two or three-year preparatory course in another discipline.
Other
Bachelor of Laws is also the designation of the first law degree in the Scottish and South African legal systems that is awarded by a number of universities in Scotland and South Africa. (Both legal systems are based partly on common law, which is shaped by English, and partly on statutory law.)
In variations typical of the country, the LL.B. has also found its way into various EU countries, including Germany, although in many places it is still in competition with traditional national legal training and is received ambivalently.
history
The first academic degrees were all law degrees from medieval universities, and these first law degrees were doctoral degrees . With the rediscovery of the corpus iuris civilis and the work of the glossators from the eleventh century, the first schools of law emerged. The first university, the University of Bologna , was founded in the 12th century by four famous law scholars who were students of these glossators in the city. The University of Bologna then served as a model for other law schools of the Middle Ages . Whereas it was customary for law students in mainland Europe to study abroad, this was not the case in England. In England, Roman law was rejected (except for certain jurisdictions such as the court for maritime disputes, the Admiralty Court , since the law of the sea had traditionally been shaped by Roman law). And although the University of Oxford and the University of Cambridge only taught canon law up to the English Reformation, this law was always of greater importance there than legal systems shaped by Roman law.
The degree of Bachelor , Bakkalaureus or Bachelier was first awarded at the Sorbonne , whose system was adopted in Oxford and Cambridge. The designation "artium" in the degree ( baccalaureus artium , bachelor of arts , BA ) is traditionally intended to emphasize that the student has acquired the basics in the liberal arts of the Middle Ages . The bachelor's degree was abolished between the late 18th century and early 19th century, but remained at Oxford and Cambridge.
The study of law at Oxford University was for philosophical and academic purposes and was not intended to prepare for legal practice . The practical training in English common law was organized by the bar associations, the Inns of Court . Over time, however, the importance of the chambers as training centers decreased considerably. Instead, mostly practicing lawyers took over the individual training. However, since standards for teaching and the objective assessment of training courses could hardly be established in this way, the universities again played an important role in legal training over time.
When Edward I was the first to ask for regular legal training in 1292, the students only sat in on the courts. Over time, however, they hired practicing lawyers to be trained on site. That led to the institution of the Inns of Court . Originally, both theory through lectures and practice in the form of simulated court hearings ( moot court ) and observation in real court hearings were taught at the Inns of Court . In the seventeenth century the "Inns" received a status that made them look like universities similar to the University of Oxford and the University of Cambridge , even if they specialized in only one educational purpose. Since the authorities were temporarily out of the country during the time of the Crusades, the general demand for the services of lawyers and with it their importance grew enormously.
Traditionally, Oxford and Cambridge viewed common law as an unworthy subject of study and included the course work in law only in the context of canonical and Roman law, with the sole aim of doing philosophical and historical studies. The structure and organization of the training programs of the practically active, out-of-court advisory lawyers ( solicitors ) therefore corresponded in their structure and organization to the training programs of businesspeople, not of philosophers.
Academic training was formally established by a parliamentary act in 1729. William Blackstone became the first lecturer in English common law at the University of Oxford in 1753 . However, the university did not design this program as a preparatory course, which is why the lectures were of a very philosophical and theoretical nature. Blackstone insisted that the study of law should be university-oriented, in which one can concentrate on the fundamental principles, instead of orienting the training exclusively to the Inns of Court and solely on detailed problems and the procedural side of the finding of law.
The Inns of Court continued to train. However, the quality of their training deteriorated and admission to court still did not require a relevant degree or a corresponding degree. Therefore, in 1846, Parliament had the education and training of prospective barristers reviewed and concluded that the present English training system was inferior to US legal training. To counter this, there was a loud call for official law schools , i.e. legal faculties where legal training should take place. However, they were not installed until much later, towards the end of the 19th century, and even the courts paid no heed to a university degree when deciding whether to admit lawyers to court. It was only when legal degrees were later required by the English courts and by courts of other common law systems that the LL.B. a basic academic degree for lawyers in countries whose legal systems are based on common law .
The structure of the LL.B. Studies in international comparison
Traditionally, both legal systems were studied: civil law, i.e. the legal sources of Roman law, to which the legal systems of the continental European legal system refer, and common law , i.e. the classic English judicial or case law with its system of binding precedents ( stare decisis ), that widespread in the Anglo-Saxon or Anglo-American legal system. Hence, as mentioned at the beginning, the plural legum in the Latin degree designation. In the meantime, however, this is rarely the case. Nevertheless, both legal systems (however) are at some universities well today offered as at the Faculty of canon law at the Welsh Cardiff University . The Canadian Anglophone Universities McGill University and University of Ottawa are also based on the province of Québec (McGill) or on the border with this province (Ottawa), so that their degree programs offer alternatives to common law. This enables your graduates to have a legal practice in this province that does not belong to the Anglo-Saxon legal area after completing their studies.
The LL.B. in the Anglo-Saxon legal system
In most of these countries (with the exception of Canada and the United States), the Bachelor of Laws degree can usually be started after completing a secondary school, which is comparable to a German Abitur. In England and Wales, it is also possible to take up a postgraduate degree in law in order to train to become a lawyer, which serves to use a successful degree in a foreign subject as an admission requirement for legal training (designation: Graduate Diploma in Law ), the Bachelor - Graduates of other subjects are entitled to attend the professional courses that enable access to the legal profession. Graduates of the LL.B. In addition, you have the option of completing a master’s degree , after which you are entitled to the LL.M. to lead on their behalf.
Australia
The study programs for the LL.B. in common law are structured in three variants:
- As a (usually) three-year course for which a successfully completed Bachelor's degree in another subject is required as an entry requirement .
- As a (usually) four-year course directly linked to the high school degree , or
- as a five- to six-year course for a bachelor's degree combined with another subject ( e.g. B.Comm / LL.B., BA / LL.B. or B.Sc./LL.B. ), which is also directly linked to the high- School graduation follows. The duration of the study depends on the combination chosen.
In addition, most elite universities have begun to offer postgraduate courses in JD in order to prepare graduates for the (American-influenced) international competition.
Bangladesh
As in other countries whose legal system arose from common law , in Bangladesh the LL.B. necessary requirement to be admitted to the bar in Bangladesh. In various state and private universities, both the LL.B. as well as the LL.B. (Hons.) , I.e. the more research-oriented Bachelor Honors of longer study periods. However, only five state universities offer the LL.B. (Hons.) , The University of Dhaka , Jagannath University , the University of Rajshahi , the University of Chittagong and the Islamic University of Kustia . These universities also offer one-year LL.M. Degree programs.
Private universities such as ASA University Bangladesh, Premier University Chittagong, Stamford University, BRAC University, Bangladesh Islami University (Saydabad, Maniknagar near to motijheel), Uttara University, Green University of Bangladesh, Eastern University, South East University, University of Asia Pacific, Dhaka International University, Northern University Bangladesh, BGC Trust University Bangladesh, Southern University Chittagong, World University of Bangladesh or the University of Information Technology & Sciences (UITS) also offer four-year LL.B. (Hons.) - and one-year LL.M. Degree programs.
Some private colleges such as Southern University or South East University also offer two-year LL.B. to graduates in other non-law courses. -Courses. The National University of Bangladesh also offers such courses at some law colleges .
Canada
Canada has two legal systems. In the province of Québec (French-speaking part), a system based on received Roman law has been installed. A common law system is in use both at the federal level and in the rest of the provinces of Canada . Therefore, there are two types of law degrees available in Canada.
The legal studies in common law require for approval a previous successful one- to three-year degree in another subject ( second entry degree ) and lead to a law school of a further 3 years duration in all Canadian law schools to complete the JD (Juris Doctor). In fact, almost all of the admitted law students already have at least a bachelor's degree by the time they are admitted to the law school, and many of them already have a master's degree in other subjects.
The Canadian degree in common law lasts three years. At graduation you receive a Juris Doctor , but you cannot work as a lawyer yet. To do this, graduates need a license from the bar association of the province in which they want to practice and an additional year of practical training with a licensed attorney ( called articling in Canada - see below: How to become an attorney ). Those who prefer teaching to legal practice often acquire a further academic degree such as the Master of Laws (LL.M.) or the Doctor of Laws (LL.D, SJD or DCL) . The Canadian degree in Québec civil law (called: Bachelor of Civil Law or Baccalauréat en droit ; abbreviated: LL.B. , BCL or LL.L. ) also takes three years. In contrast to the "Common Law" courses of study, admission to study does not require a previous study in another subject, but instead a pre-university education, the Cégep , which has a function comparable to the German Abitur. This university preparatory course is necessary because in Québec, unlike in the Anglophone provinces of Canada, regular school time only lasts 11 school years.
Law Schools the civil law courses leading to the BCL , LL.B. , or LL.L. are located at McGill University, Université de Montréal, Université du Québec à Montréal, Université de Sherbrooke, Université Laval and the University of Ottawa. Because of Canada's dual legal system, some law schools offer joint or dual degrees in common law and civil law , such as McGill University, Université de Montréal, and University of Ottawa.
Law studies at McGill University lead to a compulsory common law LL.B. / Québec civil law BCL and lasts four years. Students from Québec are admitted with a Cégep diploma. Students from other provinces must already have a university degree. The University of Ottawa also offers a singular LL.L. on.
Some Canadian law schools offer students with a Baccalauréat en droit ( LL.L. ) degree from Québec the opportunity to study for an LL.B. in two to three semesters. to be admitted in common law . Accordingly, the University of Ottawa offers a one-year LL.L. - Degree for Graduates from a Canadian LL.B. - or JD studies in common law . Additionally cooperate some Canadian universities where at common law oriented law schools have been installed, with their colleagues, the on Quebec civil law oriented law schools . These offer their students a three-year degree to complete in one legal system in order to complete the degree in the other legal system at the partner university in the fourth year of study.
India
In India , law is traditionally taught as a three-year course leading to an LL.B. (Bachelor of Laws) or BL (Bachelor of Law) offered. However, Indian law studies were revised in 1984 by the Bar Council of India, the body responsible for shaping legal studies there. In accordance with this revision of the Indian legal education, various independent law schools were founded in India which, compared to traditional legal studies, offer a five-year combined course for Bachelor Honors such as the "BA, LL.B. (Honors)", "BBA, LL.B. (Honors) "," B.Sc., LL.B. (Honors) "etc.
Both degrees (the three-year and the five-year honors ) are recognized and professional degrees for lawyers in India. Graduates of both degrees can appear before the courts of any state in India and must therefore be familiar with the respective standards of the courts seised to be admitted there. With the admission one receives a license, which authorizes for judicial representation and legal advice. The approval process is regulated and carried out by the Bar Council of India .
Malaysia
As a Commonwealth country , Malaysia has adopted the English legal system. Entry requirement for a Bachelor of Laws degree at the state universities is a higher school qualification corresponding to the English A-Level , the Sijil Tinggi Persekolahan Malaysia , the Malaysian counterpart to the German Abitur. It builds on the Sijil Pelajaran Malaysia secondary school leaving certificate , which corresponds to the O-level exam used in England until the end of the 1980s. In addition to common law , aspects of civil law are also taught in the Malaysian Bachelor of Laws degree . In some universities such as the Ahmad Ibrahim Kulliyyah of Laws , the International Islamic University, and the Universiti Sains Islam Malaysia , however, Sharia and Islamic law are also mandatory course content. The degree programs leading to the Bachelor of Laws can be divided into three types in Malaysia.
1.) Studies at the state universities: With the exception of the Universiti Teknologi MARA , all state universities offer a four-year LL.B. (Hons.) At. After their successful completion, the graduates, like their colleagues in the other countries of the Commonwealth, have to go through a traineeship, a practical phase under supervision, before they are allowed to work as lawyers or solicitors .
2.) Studying at the UiTM Malaysia Law School and the Universiti Teknologi MARA : In these technical universities, students complete a three-year course that leads to a Bachelor of Legal Studies (Hons.) . After graduation, they can choose whether they want to become employed legal advisors / judiciaries or court or advisory lawyers. If you choose to become a lawyer, you will be checked and transferred to another year-long LL.B. (Hons.) Registered. These study places are limited. Those who do not qualify for this postgraduate course must take an examination for the Certificate in Legal Practice (Malaysia) in order to be able to take up the legal profession they are aiming for. The Bachelor of Laws offered by technical universities is considered a practice-oriented training that is organized in close cooperation with companies. As in Australia, the practice phase under guidance at the bar takes nine months after graduation before admission to court.
3.) Studying at private universities: Most private universities in Malaysia offer a three-year Bachelor of Law course in cooperation with foreign universities, usually universities in the UK or Australia . As such, students have the option of studying in Malaysia for two years and the last year at the partner university (2 + 1), conversely, studying for only 1 year at home and two more years abroad (1 + 2), or all of it To study in Malaysia (3 + 0). The last option is usually organized by the University of London's international study program . However, graduates from private universities as well as graduates from foreign universities must pass the examination for the Certificate in Legal Practice (Malaysia) before they can be admitted to the clerkship and then as lawyers.
South Africa
Pakistan
The legal system of Pakistan is also based on common law . To become a lawyer there, you need an LL.B. -Degree from a recognized Pakistani university or from another country with a comparable legal system. Lawyers are called advocates in Pakistan . An advocate must be admitted to one of the provincial courts, Punjab Bar Council, Sindh Bar council, Baluchistan Bar Council or Khyber Pakhtunkhwa Bar Council, in order to practice. The following universities are allowed to award law degrees in Pakistan:
- Bahauddin Zakaria University, Multan
- Bahria University, Islamabad
- Gomal University, Dera Ismail Khan
- Govt SM Law College University Of Karachi
- Hamdard University, Karachi
- Hazara University, Mansehra, Khyber Pakhtunkhwa
- International Islamic University, Islamabad
- Islamia College University , Peshawer
- Islamia University, Bhawalpur
- LUMS, Lahore
- Peshawar University, Peshawar
- Sargodha University, Sargodha
- Shah Abdul Latif University, Khairur
- Swat University, Swat, Khyber Pakhtunkhwa
- University of Baluchistan, Quetta
- University of Malakand, Khyber Pakhtunkhwa
- University of Peshawar, Khyber Pakhtunkhwa
- University of Punjab, Lahore
- University of Sindh, Hyderabad
Admission to the bar in common law systems
With the successful completion of the LL.B. (or its equivalents), graduates are generally qualified to apply for admission to court and membership in a bar association. Eligibility for membership can be combined with a further professional aptitude test. For this purpose, the students must acquire further qualifications in further postgraduate training, for example in the form of a legal clerkship and the Legal Practice Course , the Bar Vocational Course in England and Wales or the Postgraduate Certificate in Laws in Hong Kong .
In Australia there are some LL.B. as advisory lawyers ( solicitor ) or barrister court attorneys , whereas others are employed in university operations, public administration or in private companies (they are then not advisory attorneys, but employed legal advisors ). The LL.B. Who wish to exercise the legal profession, (eg. Have in some states of Australia Victoria and New South Wales ) one year of training ( articled clerkship ) complete or the Legal Practice Course (Commonly Practical Legal Training or PLT) before the registration can apply as a solicitor. In other states (e.g. South Australia ) the LL.B. Complete a six-week PLT course before applying for court admission as a barrister and solicitor. Depending on the state in which the license was obtained, court admission is either limited to barristers or open to both solicitors and barristers . In states that limit admission to court and differentiate between counsel and counsel appearing in court, access is gained through successful completion of an exam and a nine-month period under the guidance and supervision of an experienced court attorney (called the reading period ).
In Canada , a law degree is usually required to be admitted to the bar
- for a post-graduate course carried out by the bar associations , which concludes with several written examinations as an admission test (the bar exam )
- This is followed by a legal clerkship ( articled clerkship , usually called articling in Canada ) , during which the trainee lawyer is introduced to working life under the guidance and supervision of an experienced lawyer.
Although the majority of the graduates completed their practical training through articling ( i.e. working and learning) in a law firm, legal departments of public administration or private companies, a local legal and litigation office ( legal clinic ) or another non-profit organization in legal work is to be completed, a small proportion of graduates with outstanding academic achievements complete their legal clerkship under the guidance of a judge at the court. This training is then consequently more geared towards working as a judge. The training judge is called "principal" (i.e. superior and principal ). This part of the training course, which is more geared towards the judiciary, is known in Canada as clerkship , in contrast to articling, which is more geared towards the legal profession . Regardless of how the traineeship is shaped, the candidates are expected to work in various areas of law and to expose themselves to practical professional legal work in order to round off the theoretical training at the universities.
In the province of Ontario , for example, the admission process to the Law Society of Upper Canada (the premier bar association of Ontario) includes three compulsory elements: the Skills and Professional Responsibility Program with assignments and assessments , postgraduate theoretical training, licensing examinations (a barrister's exam and a Solicitor exam), the bar exam and a ten-month legal clerkship.
At the end of this admission process, the graduates are admitted to the court ("called to the bar"), for which they enter their names in the list of admitted lawyers of the courts of higher instances (for Ontario: Rolls of the Court of Appeal for Ontario ; for Canada : Rolls of Superior Court of Justice ) and be sworn in as attorneys in a formal ceremony. To do this, they must appear before the judges of the local Supreme Court and the representatives of the bar association that grants the license, in traditional attorney's attire. After this ceremony, the newly admitted attorneys can refer to themselves as "Barrister and Solicitor" and practice in the province for which they have been admitted. They therefore combine the separate functions of attorney appearing in court and attorney advising out of court in England. In Ontario and other provinces, licensed attorneys can also serve as Commissioners of Oaths . In the province of British Columbia , licensed attorneys automatically hold the office of notary . In other provinces, the licensed attorneys must file an application and pay a one-time fee to the provincial attorney before they can fill this position.
Although it is not required for the admission process, many first and second year students work in law firms during their semester break, but also as a sideline to secure a traineeship ( articling position ) after graduation. There is a lot of competition for traineeship positions, especially in large, well-paying and renowned law firms, because in Canada the articled clerkship is a prerequisite for admission to the legal profession.
Alternative degrees and study concepts
Irish BCL and LL.B
Four Irish universities that are united under the National University of Ireland (NUI) award the degree of Bachelor of Civil Law (BCL) . These are University College Cork , University College Dublin , the National University of Ireland, Maynooth (NUI Maynooth) and the National University of Ireland, Galway (NUIG) . Six Irish universities (four in the Republic) offer the LLB as a one-year postgraduate course for BCL graduates ( Trinity College Dublin ; NUIG ; The Queen's University of Belfast ; University of Limerick , NUI Maynooth and University of Ulster ).
Two English universities ( University of the West of England and Nottingham Trent University ) and a Welsh university ( University of Wales ) award the LL.B. in Ireland as a first professional law degree. The courses take place in cooperation with private universities in Ireland. The University of the West of England also awards an LL.B. (Hons) in Irish Law, which is also offered at the Dublin Business School in cooperation with the University of Wales . The Nottingham Trent University in turn cooperates with the Griffith College Dublin and the Griffith College Cork . The Higher Education and Trainings Awards Council (HETAC) in Ireland is responsible for the accreditation of these cooperation courses.
Even if the BCL is offered in Ireland, it does not have a dual legal system like Canada. Ireland's legal system is based on common law (the Republic of Ireland and Northern Ireland even have two common law systems). The term "civil law" is used here to delimit (secular) common law from canonical (i.e. Roman Catholic church) law . In the past, NUI BCL graduates working in the UK often had to educate their peers that the Irish BCL is a postgraduate degree, similar to the more famous Oxford University BCL . Incidentally, in the nineteenth century the University of London at St. Patrick's College gave Carlow an LL.B. to students of theology and law. After completing the admission process as a court attorney , which is analogous to the other common law legal systems, the Irish Bar Association ( King's Inns ) also awards the degree of Barrister-at-Law ( BL ).
Zimbabwe BL and LL.B.
At the University of Zimbabwe , the first legal degree to be awarded the Bachelor of Law (BL), leading to the LL.B. in other common law legal systems. This is followed by another year of study at the university (analogous to the other courses of study that follow the LL.B. and are organized by the local bar associations) at the end of which a second degree, the LL.B. is awarded. In the meantime, the curriculum has been changed so that a four-year course with the LL.B. graduating with an LL.B. (Hons) corresponds.
LL.B. in Pakistan
Before attending an LL.B. To be admitted to a state university, one must have completed a bachelor’s degree in another discipline. Before 1992, the LL.B degree was a two-year course that has now been extended to three years. Some universities now also offer five-year courses, for example the University of the Punjab .
Who, after acquiring the LL.B. would like to work as a lawyer, must announce to his competent provincial court that he is starting a one-year training under the guidance of an experienced lawyer who has been practicing for ten years. After completing this legal traineeship, he must pass an admission test. This consists of a written (multiple choice and freely formulated) and an oral examination, which is held by an examination committee made up of members of the Bar Council. The University of London's study abroad program is currently attracting the interest of many potential candidates to pursue a career as a lawyer in Pakistan.
Modifications of the LL.B.
Some universities in the United Kingdom and New Zealand offer variations on the degree, such as the LL.B. (Europe) , at. The course usually lasts four years and includes courses with a broader range of content as well as specialized degrees. Many universities in the UK and Australia offer LL.B. combined with other non-law subjects. Degree programs. For example, some universities offer a BA in law and history. This degree is recognized by the bar associations as the LL.B. corresponding degree accepted. Since 1858 the University of London has awarded the LL.B. also as part of a distance learning course. The course corresponds to the same standard and quality as the face-to-face courses.
Many universities in the United Kingdom as the University of Oxford , University of Nottingham and University of Cambridge lend as first legal academic degrees often the degree of BA in either Law ( Jurisprudence ) or law ( Law ). The BCL and the LL.M. are postgraduate courses. A previously completed bachelor's degree in another subject is therefore expected. Recently the University of Cambridge upgraded its LL.B. degree with an LL.M. replaced. Some universities in the United Kingdom such as Bournemouth University have a four year LL.B. -Degree course set up that includes a forty-week internship. The Staffordshire University also offers a two-year full-time LL.B. course at (almost without Break).
A unique LL.B. (Hons) Sharia and Law was introduced at the International Islamic University, Islamabad (Pakistan). What is special about this course is the comparative study of Islamic law and common law .
Professional admission of foreign LL.B. in the USA
The majority of foreign LL.B. in common law seeking admission to court in the United States is faced with the fact that his degree does not meet the admission requirements of most US states. Therefore, these LL.B. graduates cannot take the entrance exam (the bar exam).
New York is the big exception. Anyone who has successfully completed a law degree in another common law country at an approved university that corresponds in terms of content and time to studies at an approved US law school will become a bar in New York Exam approved. In addition, both New York State and Massachusetts allow Canadian LL.B. take the bar exam. The requirements differ from state to state. In some, ( common law ) lawyers who have many years of professional experience in their home country are also admitted to the bar exam . For this reason, interested candidates should carefully check the individual requirements of the bar associations in each state.
Most states require a law degree from a law school that is accredited by the American Bar . Therefore, American law schools typically offer one-year LL.M. programs for foreign lawyers. Such LL.M. -Courses in "American Law", "Comparative Law", inter alia serve to introduce foreign lawyers to the specifics of US common law and correspond to the first year of the JD course in civil procedural law, constitutional law, criminal law, and legal research Analysis and jurisprudence.
Situation within the European Union
Through the directive of the European Parliament , citizens of the European Union (EU) who have worked as a lawyer in one member state of the EU for more than three years are entitled to practice law in all other member states. Despite the different legal family in continental Europe, this also applies to lawyers from Ireland and the UK who graduated there and went through the admission process. The member states implement the directive independently in their national law and therefore regulate the admission of foreign lawyers independently (Germany for example in the law on European lawyers in Germany (EuRAG) ). The national regulations therefore differ from one another, but remain within the framework provided by the directive.
As a consequence of the Bologna Process , law courses have also been introduced in continental Europe, leading to the LL.B. to lock. As a rule, however, this is not sufficient in the respective EU countries to take up the profession of lawyer or judge. In some countries an LL.M. follow, in other countries such as Germany and Austria one is still completely reluctant to change the traditional training, which for example in Germany is also divided into a theoretical and a practical training, which in §§ 5 ff. in the German Judges Act (DRiG) is regulated. Both parts of the training are completed with a state-regulated examination ab ( state examination ), which consists of seven to nine five-hour written exams and an oral examination. During the two-year practical phase, the traineeship, you go through training stations at courts, in public administration, in law firms and legal departments. The term legal clerkship in Germany describes the preparatory service for the civil service career.
Nevertheless, the new degrees offer new impulses for legal training in some European countries. A separate article is dedicated to them for the sake of clarity . In Malta, whose legal system is basically in the tradition of continental European legal systems, but due to the strong British influence also partly common law is applied, the degree of Bachelor of Laws (LL.B.) is offered by the University of Malta . It is a first academic degree, but it does not give access to legal professions.
Alternative courses in the UK
As an alternative to the full LL.B. -Studies, there are other law courses for graduates from other disciplines with which they can change subjects. An example of such a course in England and Wales is the one-year GDL (Graduate Diploma in Law).
In the United Kingdom, as in other Anglo-Saxon jurisdictions, access to this course is usually through a classic LL.B. -Degree. Graduates of another discipline thus acquire a second academic degree through the usual legal studies, even if this sometimes requires qualifying courses in common law during the first degree in order to fully meet the professional requirements. It is therefore not entirely correct to speak of a shortened degree at the GDL .
This double degree system was once an alternative route to the previous BL, but the students needed financial independence to complete this long course. The current Scottish LL.B. - Studies that grant direct access to the course without going through a previously completed course, on the other hand, covers all professional requirements for training if it is combined with the GDL . The GDL was introduced around 1980; all pre-vocational exams during the LL.B. -Studies, which narrowed the scope for other studies.
Therefore, this dual degree nowadays, usually for school leavers, is more about studying and gaining degrees in two subjects. In contrast to combined honors courses, a second degree is completed within the prescribed time frame. The first non-law degree will almost always be a humanities degree ( BA ). The reverse is less common (first degree LL.B. , second degree e.g. BA ). Just as a degree in the humanities or in the natural sciences can lead to content in legal teaching being deleted that is not of direct use for professional legal work, conversely, a first legal degree can also shorten the content of the subsequent second degree. In these cases, it is more common for more mature and financially independent students to complete the second degree as part-time.
Individual evidence
- ^ John H. Langbein: Scholarly and Professional Objectives in Legal Education: American Trends and English Comparisons. Pressing Problems in the Law, Volume 2: What are Law Schools For ?, Oxford University Press, 1996.
- ↑ a b J.D. in the engl. Wikipedia
- ^ Association of American Universities Data Exchange. . Accessed May 26, 2008; National Science Foundation (2006). “ Time to Degree of US Research Doctorate Recipients ,” InfoBrief, Science Resource Statistics NSF 06-312, 2006, p. 7. (under "Data notes" mentions that the JD is a professional doctorate); San Diego County Bar Association (1969). Ethics Opinion 1969-5 ( Memento from August 7, 2007 in the web archive archive.today ). Accessed May 26, 2008. (under “other references” discusses differences between academic and professional doctorate, and statement that the JD is a professional doctorate); University of Utah (2006). . Accessed May 28, 2008. (the JD degree is listed under doctorate degrees); German Federal Ministry of Education. . Accessed May 26, 2008. (report by the German Federal Ministry of Education analyzing the Chronicle of Higher Education from the US and stating that the JD is a professional doctorate); Encyclopedia Britannica. (2002). Encyclopedia Britannica , 3: 962: 1a. (the JD is listed among other doctorate degrees).
- ^ Schoenfeld, Marcus, "JD or LL.B as the Basic Law Degree," Cleveland-Marshall Law Review, Vol. 4, 1963, pp. 573-579, quoted in Joanna Lombard, LL.B. to JD and the Professional Degree in Architecture ( Memento of May 3, 2006 in the Internet Archive ), Proceedings of the 85th ACSA Annual Meeting, Architecture: Material and Imagined and Technology Conference, 1997. pp. 585-591.
- ↑ J. Verger: Licentia. In: Lexicon of the Middle Ages. Volume 5, Stuttgart 1999, p. 1957 f.
- ↑ J. Verger: Doctor, doctoratus. In: Lexicon of the Middle Ages. Volume 3, Stuttgart 1999, p. 1155 f.
- ^ Hilde De Ridder-Symoens : A History of the University in Europe. Volume 1. Universities in the Middle Ages. Cambridge University Press, 1992, ISBN 0-521-36105-2 .
- ^ Herbermann et al: Catholic Encyclopedia. Encyclopedia Press, New York 1915, accessed May 26, 2008.
- ^ A. García y García: The Faculties of Law. A History of the University in Europe. Cambridge University Press. London 1992, accessed May 26, 2008.
- ^ García y García (1992), 390.
- ^ Reed, (1921), 160
- ^ Reed (1921), 161
- ↑ Stein (1981), 434, 435.
- ↑ Stein (1981), 434, 436.
- ↑ a b c Stein (1981), 436.
- ↑ Stein, R. (1981). The Path of Legal Education from Edward to Langdell: A History of Insular Reaction , Pace University School of Law Faculty Publications, 1981, 57 Chi.-Kent L. Rev. 429, p. 430.
- ↑ Stein (1981), 431.
- ↑ Stein (1981), 432.
- ↑ Stein (1981), 433.
- ↑ Stein (1981), 434.
- ↑ a b Stein (1981), 435.
- ^ Moline, Brian J., Early American Legal Education (PDF; 139 kB), 42 Washburn Law Journal 775, 793 (2003).
- ^ Civil law in the Engl. Wikipedia
- ↑ Graduate Diploma in Law / Common Professional Examination (CPE) in Engl. Wikipedia
- ↑ independent law schools in India in engl. Wikipedia
- ↑ Admission before the Punjab Bar Council ( Memento from November 26, 2011 in the Internet Archive )
- ^ The Gazette of Pakistan Extra., Dec. 31, 2005, First Schedule
- ↑ Archive link ( Memento from August 17, 2007 in the Internet Archive )
- ↑ Archive link ( Memento from September 6, 2011 in the Internet Archive )
- ↑ LL.B. degree at NUI Maynooth accredited by the King's Inns
- ^ Higher Education and Trainings Awards Council (HETAC) in engl. Wikipedia
- ↑ Minutes of the Senate of the University of London - January 1st to July 22nd 1840
- ^ Brief History ( Memento of March 4, 2008 in the Internet Archive )
- ↑ LL.B. studies at the University of the Punjab ( Memento of February 4, 2005 in the Internet Archive ).
- ^ University of London ( Memento of February 12, 2011 in the Internet Archive ), International Programs, Study in Pakistan for a University of London Degree
- ^ Law LLB (Hons) . Bournemouth University. Archived from the original on August 23, 2011. Retrieved October 22, 2010.
- ^ Law (Two-year degree) . Staffordshire University. Archived from the original on November 15, 2010. Retrieved October 22, 2010.
- ^ Foreign Legal Education The New York State Board of Law Examiners
- ↑ Important Information for Foreign-Educated Attorneys Applying under Supreme Judicial Court Rule 3.01 ( Memento of May 28, 2010 in the Internet Archive ) (PDF; 28 kB) The Massachusetts Board of Bar Examiners
- ↑ LL.M. in the engl. Wikipedia
- ↑ Directive 98/5 / EG (PDF)