“Legal education in germany and the USA comparative perspective”

MINISTRY OF JUSTICE HANOI LAW UNIVERSITY SEMESTER ASSIGNMENT SUBJECT COMPARATIVE LAW Topic No 19 “Legal education in Germany and the USA comparative perspective” Hanoi , 20 2 1 NAME STUDENT CODE CLASS.

MINISTRY OF JUSTICE HANOI LAW UNIVERSITY

SEMESTER ASSIGNMENT

SUBJECT COMPARATIVE LAW

Topic : No 19

“Legal education in Germany and the USA comparative perspective”

Hanoi , 2021

TABLE OF CONTENTS

INTRODUCTION 3

CONTENT 3

I Similarities between the legal education in Germany and the legal education of the United States 3

II Differences between the legal education in Germany and the legal education of the United States 4

1 Modes and times 4

2 Admission to school 4

3 Course of Study 5

4 Training objectives 6

5 Teaching methods 6

III Commentaries 6

IV Reviews 8

CONCLUSION 9

REFERENCES 10

INTRODUCTION

Although the legal systems of the United States and Germany have much in common, the steps required to become members of their respective legal professions differ greatly However, incredible differences still remain in their respective legal systems It concludes that both countries can improve their systems of legal education by adopting some of the favorable attributes

of the other

To compare legal education between the two countries above, I would

like to choose topic No 19: “Legal education in Germany and the US: A

comparative perspective” Due to the limitations of legal knowledge as well

as research methods, my essay will hardly avoid the most shortcomings I hope to receive comments to improve the learning methods of Comparative Law, and also to accumulate more scientific knowledge and experience for study and work in the future

CONTENT

I Similarities between the legal education in Germany and the legal education of the United States

The first similarity is that both countries have models of law training

for college graduates In Germany, you must undergo law training and have a bachelor's degree in law, while in the United States students must have a university degree in any science

Secondly, the legal training period in the two countries is considered a

pivotal milestone in the entire law training program Because it requires going through this period, the new law bachelor can practice otherwise, even with a doctor's degree, you can not practice in the United States and end the career path as lawyer, judge, prosecutor in Germany

Thirdly, both countries do not have a specific model of law training for

each industry such as training in judges in France and training in law in the

UK

Fourthly, which career to study is the freedom of individuals, but if you

want to study law at the law faculties of universities, it requires students to

meet the rigorous requirements of the school as well as top quality

Finally, training programs in two countries as well as many other

countries around the world focus on students' legal thinking skills and have

specific training methods with a combination of theory and practice

However, the degree of association varies

II Differences between the legal education in Germany and the legal education of the United States

While there are certain similarities in the law training, the training process

between the two countries brings about pretty characteristic differences

1 Modes and times

In Germany: A German student's path to law school begins after

graduation from high school Entry to law school does not require an

undergraduate degree Typically German first-years will be 18 to 20 years old

when they start their journey1 In Germany, it is a comprehensive and unified

national process that lasts seven years and is divided into two phases: the first

phase is law training This period lasts four years, and the second phase is

training in law, lasting three years

In the United States, the legal education system is based on the

AngloSaxon model To become a lawyer it requires a three year

undergraduate college degree, a completion of the law school curriculum and

passing the bar examination afterwards

2 Admission to school

In the United States: legal education in the United States begins at the

graduate level2 Student admission is very strict, which only chooses one

student out of five or ten candidates to apply Students wishing to pursue a

1 https://blogs.law.nyu.edu/lifeatnyulaw/the - german - vs - the - american - law - school - experience/ , accessed on 25/02/2021

2 Berger, A Comparative Study of British Barristers and American Legal Practice and Education, 5 Nw J.

INT'L L & BUnited States 540, 574 (1983)

law degree must earn a four year undergraduate degree from a nationally

-accredited college or university In addition, prospective students have to take

the standardized Law School Admissions Test (LSAT) or an equivalent exam

The LSAT is used solely for entrance to law schools and does not apply

toward admission to any other graduate program

In Germany: In the contrast, Germany has a combination of enrollment.

The admission in enrollment and enrollment quotas in Germany is greater,

opportunities to study law faculties are also bigger than in the United States

(this is the entrance to the first stage) to continue studying In the vocational

training period, the mandatory law students must go through the first stage

From this practice to the event began to train lawyers in the United

States better prepared with weightlifting subjects in Germany

3 Course of Study

The crux of difference between German and the US legal education is

the curriculum

In the United States, law students in the first year are obligated to take

subjects like civil procedure, constitutional law, criminal law and contracts

After that students have some freedom in selecting their courses They have

also optional subjects such as making money and counting money The

United States-legal education system rests upon the Anglo-Saxon model, law

school education follows the case method of instruction This method is

constructed to teach students legal reasoning via the analysis of appellate

decisions, and is a basic characteristic of the legal system

In Germany, during the university, all law students have to cover a wide

range of compulsory subjects and an elective subject The first two years are

basically just mandatory courses on civil, criminal, and public law There is

little to no practical interaction in a German lecture hall3 Besides, universities

require students to learn a foreign language, either in lecture or in

3 https://blogs.law.nyu.edu/lifeatnyulaw/the - german - vs - the - american - law - school - experience/ , accessed on 25/02/2021

language class Students also have to complete a practical stage of at least three months during the breaks

4 Training objectives

In the United States, the law training process aims to provide students with

the knowledge of practicing law Students after finishing the training program can work immediately

In Germany, after completing and being granted a law degree, learners

only know scientific research and cannot work immediately If you want to practice law, the learner need to continue to undergo a process of legal training

5 Teaching methods

In the United States: Teaching methods are consistent with the situation

of complex and ever-changing American society The digging method favors practice with mock exercises to equip students with the skills needed to win the case In addition to the two main teaching methods, the situational approach, Socratic (professor and student dialogue), one method being tested today is the direct practice method (opening simulated trials, in which students will be defense attorneys, professors are judges; students must participate in legal advice and represent clients under the supervision of attorneys and professors) Thus American students, after graduating from law school just across a short probationary period may be practicing

In Germany: Regarding the method of law training in Germany, many law

faculties have focus on the balance between the theoretical content and legal practice in the structure of subjects This is evidenced by the increasing number of reputable lawyers and judges invited by law faculties to give lectures to students Besides, in the question system of the first stage graduation exams, the proportion of questions on legal practice is increasing

III Commentaries

Such differences are not only due to the two countries belonging to the two different systems But also due to the characteristics of each country in

terms of religion, political situation, socio-economic situation, especially legal thinking in law training, different legal approaches Overall, the general education quality of both countries is totally high and worth learning

IV Reviews

It is clear that, with the study of the elements in law training of the two countries of the United States and Germany, there are many points of progress, coherence, and creativity in training If put in correlation with law training in Vietnam, our country can absorb advances and innovations in law training

Specifically, our country needs to change the input quality of law schools and law faculties becaUnited Statese our enrollment scores are still low, so the quality of students is not high Next, in the first year, law schools should allow students to choose compulsory subjects depending on their ability Renovating the teaching method of teachers is also a way to improve the quality of law training, the practical method of “learning with practice” and the resources that need to be supplemented and complete

CONCLUSION

Therefore, comparison method to see the similarities and differences in legal education in the two developed countries, the United States and Germany, have helped us to have a better overview of how law training in these two countries Through this, with the comparison method, Vietnam can also get a lot of positive points to refer to as well as apply to the reality of the country By doing this, our legal system, as well as the law training, will achieve many results

REFERENCES

1 German Statute of Judge;

2 The Federal Judge Act of Germany;

3 Berger, A Comparative Study of British Barristers and American Legal

Practice and Education, 5 Nw J INT'L L & BUS 540, 574 (1983);

4 Stephen F Hamilton, “Germany and the United States in Comparative

Perspective”, International Journal of Sociology, Vol 29, No, 1, p 3 –

20

5 Martin Kellner, “Legal Education in Japan, Germany, and the United

States: Recent Developments and Future Perspectives”, DJAPANR,

Vol 12, No 23;

6 Lê Thu Hà, “Kỳ thi tư pháp quốc gia và việc đào tạo luật gia tại Cộng

hòa liên bang Đức”, Tạp chí Nghề luật, số 03/2011, tr 61 – 63

7 Nguyễn Thị Ánh Vân, “Hội thảo về đào tạo luật ở một số quốc gia trên

thế giới”, Tạp chí Luật học, số 03/2009, tr 79 – 80

8 https://www.criminaljusticedegreeschools.com/careers/lawyer/;

9

https://thegioiluat.vn/bai-viet-hoc-thuat/Tieu-luan-luat-so-sanh -Daotao-luat-cua-Duc-va-My-duoi-goc-do-so-sanh-9657/;

10.https://blogs.law.nyu.edu/lifeatnyulaw/the - german - vs - the - american law - school - experience/