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 pers NAME : STUDENT CODE : CLASS : N01 – TL4 G ROUP : 03 Hanoi, 2021 TABLE OF CONTENTS 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 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 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 https://blogs.law.nyu.edu/lifeatnyulaw/the-german-vs-the-american-law-school-experience/, accessed on 25/02/2021 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 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 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 Berger, A Comparative Study of British Barristers and American Legal Practice and Education, Nw J INT'L L & BUnited States 540, 574 (1983) 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 hall Besides, universities require students to learn a foreign language, either in lecture or in language class Students also have to complete a practical stage of at least three months during the breaks 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 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 https://blogs.law.nyu.edu/lifeatnyulaw/the-german-vs-the-american-law-school-experience/, accessed on 25/02/2021 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 German Statute of Judge; The Federal Judge Act of Germany; Berger, A Comparative Study of British Barristers and American Legal Practice and Education, Nw J INT'L L & BUS 540, 574 (1983); Stephen F Hamilton, “Germany and the United States in Comparative Perspective”, International Journal of Sociology, Vol 29, No, 1, p – 20 Martin Kellner, “Legal Education in Japan, Germany, and the United States: Recent Developments and Future Perspectives”, DJAPANR, Vol 12, No 23; Lê Thu Hà, “Kỳ thi tư pháp quốc gia việc đào tạo luật gia Cộng hòa liên bang Đức”, Tạp chí Nghề luật, số 03/2011, tr 61 – 63 Nguyễn Thị Ánh Vân, “Hội thảo đào tạo luật số quốc gia giới”, Tạp chí Luật học, số 03/2009, tr 79 – 80 https://www.criminaljusticedegreeschools.com/careers/lawyer/; 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-americanlawschool-experience/ ... 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,... States While there are certain similarities in the law training, the training process between the two countries brings about pretty characteristic differences Modes and times In Germany: A German... 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