M4 T4 The legal profession in the US Flashcards
The education and training is practical as in England. what is the difference?
US lawyers are prepared in Schools of law, not Inns of Court
What is the step after finishing a university degree that does not necessarily have to do with law?
Taking an LSAT; Law School Admission Test. Do not evaluate legal knowledge but logical reasoning, reading comprehension etc…
Which three methods do the Law Schools employ?
- Case method
Study and understand actual cases - Clinical method
Solve a legal problem - Communication skills
What does the Association of American Law Schools do?
bring law schools together to further improvement in legal education
What are four law courses that Law Schools offer
- Juris Doctor
The three years - Master of Laws
One year after a solid juridical background - Doctor of Juridical Science
To become law professors - Master of Studies in Law
Those of non-legal professions who wish to acquire a basic knowledge of law.
What is the last stage before a student can become a practicing lawyer?
The State Bar Exam, regulated by the federated states.
What do the State bar exams test?
Legal knowledge. A part that is the same in all states, and the specific law applicable to the specific state
Personality and aptitude
Can one only practice in the state where one has taken the Bar exam?
In some states, one is granted the recognition to practise in other states
Three most important professional colleges
- The State Bar Associations
The federated state - The American Bar Association
National level. Biggest in the world - The Federal Bar Association
Lawyers specializing in federal law
What is special about the career of a judge?
He is appointed from among attorneys and can go back to becoming an attorney again.
Is the American judiciary a hierarchically organized body?
No, and judges enjoy great independence of reasoning and decision-making in their judgments
Three ways state judiciaries are appointed
- Merit system
- Independent committee suggest possible candidates
- Designated by the State Governor from the candidates - By vote
- Directly by the Governor
What is the Conference of Chief Justices?
At a national level, supreme judicial authorities from each federated state discuss matters concerning improvements in the administration of justice, rules of procedure and the organization of state courts.
Who are involved in the process of selecting a federal judge?
- The American Bar Association
- The President
- The Senate
- The Department of justice
