USA law degree is introduced: J.D. vs LL.M. (a)

J.D. (Juris Doctor, doctor of laws (LLM) and LL.M. Legum Magister, ), is USA law school most of the attention degree. With a law degree in the domestic demand, and relax the USA visa, more and more students in the intention to further studies in the United States, considering the higher degree of law. The main purpose of this article is to study the situation, the introduction of J.D. and LL.M. of the two degree. However, before entering the topic, I hope to spend a certain amount of space, the American law degree and law education idea to do a detailed introduction.

 

Change a law degree 

 

Source of legal education system of University of Oxford and University of Cambridge in the UK USA before eighteenth Century's degree system, divided into LL.B. (Legum Baccalaureus), LL.M. (Legum Magister) and LL.D. (Legum Doctor), corresponding to the law bachelor's, master's and doctoral degrees. The abbreviation of "LL" to express the plural form of the Latin, derived from the education mainly includes "Canon Law (Church)" and "Civil Law (Civil Law)" of the two legal systems. Among them, LL.B. is the Foundation Degree in law education in liberal arts education, based on the (classical literature, philosophy, language, mathematics and so on), joined the jurisprudence education. While LL.M. and LL.D., is after reading LL.B. students in the further study of law, legal issues. In essence, this 3 degree all belong to the "Research degree (degrees)", did not involve professional skills training. If students want to become a lawyer, need to enter the London "Inns of Court" professional skills training, can be engaged in legal work.

 

In the colonial period America, due to legal education has no native, first legal practitioners are directly from the British "import". However, with the passage of time, especially after the war of independence, legal education American universities begin to focus on the localization, such as B.L. (Bachelor of Laws) and LL.B. degrees. But these courses continue education method in UK, arts education as the basis, and not too much involved in the practical professional skills. At the same time, there are many small American professional education institutions, specialized in providing legal occupation related skills training.

 

Because of the social concern about the quality of law education USA, since mid nineteenth Century, Harvard law school began a significant movement, known as the "The Scientific Study of Law", to the law as a science to learn, not only focus on the theoretical understanding and research, but also take into account the actual use. Therefore, Harvard University School of law, the concept of Juris Doctor is presented, and will be for a period of 3 years of "Professional degree (degree)", and the "LL.B. Research degree" to make a difference. Until 1971, with the Yale University School of law abolished LL.B. degree, all USA law school J.D. as a professional degree in law practitioners only recognized. At the same time, USA law school has also developed the LL.M. and LL.D. (renamed D.J.S. Doctor of Juridical Science, doctor of the science of law) of the two Research degree, J.D. graduates hope engaged in legal research more in-depth education and research opportunities.

 

The reform of legal education America caused a special phenomenon: the traditional education, attending LL.M. courses need to LL.B. degree. But since the America cancelled after LL.B., after America students only read J.D. can read LL.M., he created a "strange phenomenon read the doctor to read Master". From another perspective, J.D. is similar to our "master of laws", mainly for the training of specialized personnel in legal practice department at or above the intermediate level professional and managerial positions, students also regardless of any professional; while LL.M. is like a "master", emphasis on theoretical study law.

 

Two, USA law education ideas - LSAT

 

As mentioned earlier, USA legal education today concept comes from "The Scientific Study of Law", with emphasis on the teaching of case analysis (case study) and Socratic inquiry method (Socratic methods). Due to scientific methods to the study of the law, so the law school students admission requirements is not a solid legal knowledge, but pay attention to students' understanding of analysis ability. Because of America canceled LL.B., so USA colleges at the undergraduate level basic does not provide any legal education. Students may not need to have any knowledge of law related for J.D., but must show themselves have very strong analytical skills. One of the ways, is through the "LSAT (Law School Admission Test, the law school admission test)," an all apply to read the J.D. students must test.

 

A lot of attention law degree students should know, the "master of law" that "the origin for the Anglo American law, American training principles, need to have strong ability of logical thinking and reasoning, so by the undergraduate course for non law graduates enrollment, subjects tend to practice for the", but in the contents of the examination covers the constitution, theory, law Chinese legal history, civil law and criminal law. At the same time, the examination way still could not escape the "rote " approach, such as:

 

The 1 choice: A civil aircraft citizens from country B hijacking in country C to Burma, fled to the field of D, D country shall apply D criminal law the behavior of criminal responsibility of the person, which is ( )

A. protective jurisdiction principle   B. the principle of universal jurisdiction

C. the principle of territorial jurisdiction   D. principle of personal jurisdiction

 

2 short answer: introduces the concept and legal characteristics of individual partnership.

 

In LSAT test, basic does not involve any legal knowledge, also have no what can back. LSAT questions for the Comparative Reading (reading comprehension), Analytical Reasoning (analytical reasoning), Logical Reasoning (logical) and Writing Sample (Essays). Here, I want to have a look from the LSAT example, the students America law school is what. (example: http://www.lsac.org/pdfs/LSATPreparationweb.pdf)

 

1 Comparative Reading

Reading comprehension passages can be derived from any discipline, the examinee may be exposed to their own discipline, may also is not to understand the content, such as American literature, sociology, biology research report. The examination questions is mainly inspects the student to the content, structure, language and writing intention grasp. May give a view, and then ask you what does the writer draw this conclusion; also may let you explain the specific keywords in the article; and may give you two articles, and then ask you these two author's view is complementary or conflict. Generally speaking, reading comprehension and GRE which is part of a similar study, students' understanding of language.

 

2 Analytical Reasoning

To see an example: 7 piano students, A, B, C, D, E, F, G, for Piano exam. Test sequence has the following requirements

E students are not ranked first or second; D students must be in the E students;

A and F students can't row last; F students or G students must be at the end of D students immediately play;

C and B students have to row in the two contiguous;

Q: if B students is second, then the F students late can be put in the first of several?

 

So, the question how to look so familiar? Seems to be the primary school's math problems. This type of question will give you all the law as a liberal arts students a head-on blow. Since American School of law, the law as a science to learn, then to the information analysis and reasoning ability is certainly indispensable. This is also the purpose of analytical reasoning questions.

 

3.Logical Reasoning

Example: electronic surround motion mode atomic nucleus like the earth around the sun. As many people know, gravity is the main motive force of earth orbiting around the sun. Therefore, we can infer the main force, gravity and electrons circle around the nucleus.

The above argument is carried out with what method?

A. uses the general application of the theory to prove the special case

B. uses specific examples to prove the general theory

C. the use of experimental methods are demonstrated

D. using a similar phenomenon is demonstrated

E. only presented ideas, without any proof

 

Although the problem is at first glance appears to be a physical problems, but from the options we can see, logic reasoning problem is actually the inference ability in students study the text, have a look whether students master the method of argument. Because the law school emphasizes the Socratic inquiry method, whether the students ability of dialectical analysis will affect their performance in the future study of the law of.

 

4.Writing Sample

Example: the country singer he has just published her first album. Now, she wanted to tour to promote her album. Her manager gave her two choices: first, she can be a guest role, as a famous band in the domestic tour opening ceremony to sing; second, she can open a small personal concert in her hometown area. If students want to get him a loyal fans, and began planning a new album, she should take what kind of strategies. (details omitted)

 

This problem is the subject of open be worthy of the name, there is no right answer, also won't someone change points. This essay will apply for law school students, direct delivery to the admissions official officials. The purpose is to let the law school in the admissions process, know your logic and language expression, thinking ability, have a look whether the argument you have enough persuasive, able to make critical admissions officer is satisfied.

 

Why American law school to so many questions all sorts of strange things, without studying any specific legal knowledge? Because, America law school think, a lawyer can succeed, lies not in how much legal knowledge specific he knew, but he argued in court, whether profound analysis, logic is tight, argument is convincing. On the other hand, the law school also to lawyers "ultimate occupation" - judge - provide the suitable candidates, which in turn and the characteristics of the Anglo American law system has the inseparable relations with.

 

In Anglo American law system, the biggest feature is the "binding precedent", is also the ruling in a higher court, to the lower court for trial legally binding. If the Supreme Court ruled that "citizens have the right to abortion", so this award is legally binding, any subordinate courts are required to follow this principle in the trial of the relevant cases, unless the Supreme Court overturned the verdict in the trial. We often hear of American legal innumerable, actually refers to the laws and regulations is not through the legislature to come out, but this kind of trial by judge views on the formation of Case law (case law).

 

Law school, students often will analyze some classical case American Supreme court. Such as the famous Roe v. Wade (Luo Yian), in dozens of pages of the trial report, the justices of the Supreme Court to the constitution from the "due process of law" provisions, and the Fourteenth Amendment, infer "constitution that citizens have the right of privacy", and debated the Dezhou banned abortion how clause violation of the privacy of citizens, finally overthrew the Dezhou law. In this process, each point of the argument after careful deliberation. At the same time, along with the trial judge will be at the end of the trial report into their personal opinion, that their views on the case main view. Because the judges opinions legally binding equivalent, at certain times may even promote (or hinder) the progress of the society, law school in the admissions process on students' analysis and debating skills, students are required to have corresponding quality, can be competent for this with considerable social influence of occupation.

 

Interested in roe classmates, can refer to:

Http://supreme.justia.com/us/410/113/case.html

Http://en.wikipedia.org/wiki/Roe_v._Wade

Http://zhidao.baidu.com/question/12959512

 

Parts of North America University Graduate School requirement for TOEFL