Chapter 5- Lawyers & Legal Representation Flashcards
Proprietary Law Schools
concerned with the needs of practitioners , and instructors focused on the practice of law within their lectures
case method of instruction
reading appellate court opinions; teaches students legal reasoning through analysis
Why was case method adopted in the US?
cost effective
LSAT
admissions tests to see in which one can get into law school
Curriculum: want to train students as_____
train students as generalist
Casebook
organize appellate court decisions by major topics and explanatory notes
Distinctive features of law school…. case method of instructions
reading appellate court opinions; teaches students legal reasoning through analysis
most professors use the Socratic method
professor often plays devil’s advocate and challenge student to defend reasoning
3 critiques of law education
- teaching methods (case method): causes burnout from first year students… too demanding
- content of legal education: education has student so focused on passing the BAR exam that they neglect the public policy of law, less education of the impact on societal and political impact.
- Not enough practical experience: do not step into a courtroom
Difference between law schools: Accreditation
- ABA accredited Universities
- graduates can take bar exam in any state
ABA
- The ABA sets minimal standards for accreditation, including the professional qualifications of professors, the faculty–student ratios, the number of holdings in the law library, and the required courses.
T/F: Only a small amount of law schools are not associated with a university are accredited by ABA
True
T/F: Top graduates of private law schools are hired by national law firms
FALSE
Top graduates of these law schools (national) are hired by national law firms. National law schools are apart of state or private universities.
After graduating law school, one must take the __________before being able to practice in law
BAR exam
American Judicature Society
Court reform organization that historically stressed court unification and merit selection of judges.
Integrated Bar
System whereby membership in a state bar association is required in order to practice law.
Bar Association Activities: Unauthorized practice of law
Nonlawyers doing things that only lawyers are permitted to do.
Solicitors (the work of lawyers)
One segment of the legal profession in England. They do the routine office work dealing with clients directly and prepare cases for the barristers, who argue in the higher courts.
Barristers (the work of lawyers)
Segment of the English legal profession that argues cases in the major trial courts.
Litigation (lawyers’ work)
going to the court & asking for a remedy
Representation (lawyer’s work)
agency for their clients
negotiation (lawyer’s work)
what is the most fair solution without going to court
Mediation (lawyer’s work)
includes the representation & negotiation
Drafting Documents (lawyer’s work)
mortgages/patent work….official documentation is key
