Juris Doctor

"J.D." redirects here. For other uses, see JD.

Juris Doctor is a first professional degree in law offered by universities in a number of countries.

In the United States and Japan, and an increasing number of other countries, it is a terminal degree usually earned after three years of full-time (four years of part-time) study after earning any college degree (known as a baccalaureate). One of the main purposes of the degree is to provide the professional training for those who wish to become lawyers. The J.D. (or its equivalent) is the degree required for admission to the bar in nearly all U.S. states and territorial jurisdictions. Outside of the United States, the professional law degree in many nations with legal systems based on the common law is the LL.B., or Bachelor of Laws degree, though some law schools in Canada, Hong Kong, and Australia have renamed or changed LL.B. to J.D., or offer both J.D. and LL.B.

Since 2004, the J.D. degree is also awarded in Japan, a civil law country, where it is known as Homu Hakushi (法務博士). The Japanese J.D. degree is now the normal route to becoming an attorney at law in Japan.

History

In the United States law was originally learned by apprenticeship. Someone seeking to join the profession would apprentice with a local lawyer or judge (see law clerk). After several years, the lawyer would file a motion with a local court for admission of the apprentice to the bar and the court would enter an order admitting the apprentice as an attorney.

After the concept of law as an elite profession collapsed during the era of Andrew Jackson, a typical law student would usually attend a short undergraduate program – usually of two years or less in length – which culminated in a Bachelor of Laws (LL.B) degree. Most lawyers then underwent a brief oral examination in the chambers of a local judge, and became members of the bar.

Following the arrival of the Ph.D. program in the United States (Yale, 1861), the creation of the modern J.D. program is largely credited to Christopher Columbus Langdell, who served as dean of Harvard Law School from 1870 to 1895. Langdell dedicated his life to reforming legal education in the United States; the historian Robert Stevens wrote that "it was Langdell's goal to turn the legal profession into a university educated one — and not at the undergraduate level, but through a three-year post baccalaureate degree." He was generally successful in remaking most American law schools in Harvard's mold, since they often drew their faculty from Harvard. First, Harvard extended its LL.B. program from 18 months to two years in 1871, and then to three years in 1899. Then, in 1896, Harvard was the first law school to officially require an undergraduate degree as a prerequisite to admission (although the rule was not strictly enforced until 1909). By 1921, the same rule had been adopted by the law schools at Columbia, Pennsylvania, Case Western Reserve, Stanford, and Yale. Still, although the entry-level law program was revamped as a graduate program, the degree conferred continued to be called an LL.B.

However, upon its opening in 1902, the University of Chicago chose to award the J.D. rather than the Bachelor of Laws. Some schools started conferring the J.D. as a Latin honor for students with high grades. Eventually, the disparate treatment prompted schools to abandon the distinction and call all degrees conferred a doctorate. Yale Law School was the last to rename the degree - it conferred the LL.B. until 1971. Today, the principal degree offered by all American law schools is the Juris Doctor. It has been argued that the creation of the J.D. was a conscious attempt by lawyers to elevate their profession the same level of medical doctors (who receive the M.D. degree). Despite the new name for the law degree in the United States, lawyers do not use the title "Dr" in the same as way as medical doctors or doctors of philosophy.

The disorganized nature of the American legal profession in the early nineteenth century (owing to the lack of formal regulation of the professions in the early days of the colonies) was undoubtedly the reason for this conscious attempt at reform. In Europe, membership of national bars continued to require a university education in either the law or the arts. In nations such as France, Italy and the Netherlands, the undergraduate Magister degree in law was always required for admission to practice law.. Thus, the strict academic requirements for bar admission in European countries precluded the genesis of any reforming movement along American lines."

The J.D. in the United States

See also: Law school in the United States

Prerequisites

In most programs, as a condition of admission to a J.D., applicants generally must have obtained a bachelor's degree (baccalaureate), which may generally be in any subject. One's undergraduate grades and Law School Admission Test (LSAT) score are generally considered the primary determinates for admission. However, many law schools sometimes consider other factors such as life experiences, work history, undergraduate extracurricular activities, and writing ability in addition to grades and LSAT scores when determining whether to admit an applicant. No particular undergraduate major or course of study is required for admission (although some study pre-law), and many law schools prefer that students arrive as a tabula rasa as far as legal subjects and preconceptions are concerned. While actual standards are left to individual institutions, most law schools that wish to be professionally accredited by the American Bar Association require a bachelor's degree and an admission exam (the LSAT remains the de facto standard exam) as a condition of admission.

A few law schools have combined baccalaureate/J.D. programs that allow students to enter the J.D. program prior to completion of the bachelor's degree, thereby allowing the student to obtain the B.A. (or B.S.) and J.D. within a combined 6-year period during which the student must satisfy the usual credit hours for each degree. Others have combined programs so that students may earn both the J.D. and another graduate degree, such as an M.A., M.S., M.B.A., M.P.P, Ph.D., or similar.

Length of Study

The curriculum usually involves no fewer than six semesters or nine quarters (formerly measured as three academic years, excluding summers), and many programs place explicit limits on the minimum amount of time that a student must spend in the program. U.S. post-baccalaureate degree programs, including the J.D., have an informal "industry standard" of requiring that post-graduate programs be completed in no more than six calendar years (inclusive of summers, leaves of absence, etc).

The course of study usually takes three years for full-time students and four years for part-time students. The American Bar Association previously required at least 36 and no more than 84 months of study for a school to receive approval. In 2005, the ABA amended the rules to permit as few as 24 months of study; however the total amount of instruction required was unchanged. Interestingly, the ABA does not mandate a specific number of credit hours for graduation. Instead, it mandates the number of minutes of instruction each student must receive. Currently, schools with ABA accreditation must require that graduating students have completed 58,000 minutes of instruction time during their course of study. According to the ABA, this typically translates to 83 semester hours or 129 quarter hours.

Diversity in student population has become a common goal among law school admission boards, and recruiting non-traditional students with real-world experience is often difficult as few professionals are willing to abandon careers for a full-time day program. Night school is an attractive option for such students, and the longer program duration (4-5 years for a part-time program, depending on summer coursework) reduces the annual cost outlay.

Course of Study

The first-year curriculum is highly standardized, with only minor variations. Generally, first year students take semester-length courses in contracts, torts, civil procedure, criminal law, property, and constitutional law. There is also a pair of semester-length courses covering legal writing and research, which may be offered under various titles or as a single year-long course as lawyering skills. The first-year schedule is often mandatory with few elective courses; in contrast, the selection of second and third year courses is largely up to students, although all ABA-accredited schools require professional responsibility and an upper-division substantial writing project.

The First Year Experience

The first year of law school is widely understood to be a difficult academic experience with a heavy workload, often writing-intensive. The use of the Socratic method in American law schools is common. From day one, students are expected to come to class with a thorough understanding of the case material they have been assigned for the given day of class. The professor will call on a student and ask him/her to recite the facts of a given case and the rule of that case (in some law schools, but not all, the student may be expected to stand). After the student has given a satisfactory summary, the professor will then proceed to ask the student questions based on the case reasoning. For instance, the professor might ask the student how certain differences in the facts of a case might have differently influenced the court's reasoning. Or, alternatively, the student might be asked to justify or argue against the court's holding. Still yet, the professor might decide to pose a hypothetical fact pattern and ask the student to apply the court's reasoning. Throughout, the professor will challenge the student's reasoning to the point where the student often feels at a loss for words or answers. The purpose of the socratic method is to encourage students to develop a deep appreciation for legal analysis and acquire the ability to use legal reasoning by thinking for one's self.

However, not all professors have decided to use the socratic method. While almost all professors do call on students randomly in class, some shy away from "drilling" their students as required by the socratic method. This is probably due to their own experiences in law school and the widespread belief that the anxiety caused by the socratic method discourages substantive learning. Some professors instead prefer to stick to lecture-style teaching, incorporating a watered down version of the socratic method as they see fit. However, the socratic method remains in relative full force at most American law schools accredited by the American Bar Association.

It is generally understood that the first year law school experience remains a fantastically uphill battle. One contributing factor is the use of a 3.0 curve in grade distribution for first year courses. Most ABA accredited law schools require that the average grade in each first-year core course fall around 3.0 on a 4.0 scale. Therefore, students are in effect competing with each other for grades higher than a "B." Thus, some students are led to believe that no matter how hard they study, they will still fall at or behind the curve (as for every "A" student there must be a "C" student to balance the curve). However, some students see things conversely; they reason that they need only do just so much better than a majority of the class to fall ahead of the curve (needless to say, underestimating one's fellow classmates in this manner might lead to some terribly disappointing final grades).

Specialization

At some law schools it is now possible to take a series of courses as a second-year law student and third-year student in a specialization which is then mentioned on a graduate's diploma and transcript. Some law schools have introduced "integrated," "honors lawyering," and certification programs which include research components. Certificates in public interest law, environmental law, intellectual property law, international law, and employment law have become commonplace in U.S. law schools. These programs generally involve a specific curriculum and often a brief thesis, terminal project, or internship to qualify for certification.

Some programs also offer joint degree programs, such as Juris Doctor-Master of Business Administration (JD/MBA), a Juris Doctor-Master of Arts (JD/MA), and Juris Doctor/Master of Science (JD/MS), and Juris Doctor-Bachelor of Civil Law (JD/BCL).

Utility

In order to practice as a lawyer in the United States, one must be licensed and admitted to the bar of a state or territory, and/or the bar of the federal courts. Generally speaking, graduation from an ABA-accredited law school satisfies the academic educational prerequisite for taking a bar examination and for the admission to practice law, and is far and away the most common preparation for sitting for a state's bar exam.

Some U.S. states accept only a degree from an ABA-accredited school for this. The Commonwealth of Massachusetts allows non-ABA accredited law school graduates to sit for its bar exam, most notably, graduates of the Massachusetts School of Law. Other states will accept foreign legal education, with or without subsequent U.S. legal education, but typically require that the foreign degree be earned in a country where the basic law is the common law of England. A few states – California and New York among them – do not require a law degree for admission to practice as an attorney. California, for example, will allow students to sit for the bar exam from non-ABA-approved law schools, including correspondence and "on-line" law schools (such as Concord Law School) that are actually located within the state of California; however, those students are required to take an additional examination after their first year of law school in order to be eligible to take the bar exam after graduation. New York allows those who complete a certified clerkship under a lawyer, essentially a form of apprenticeship, to sit for the bar examination, but this route is almost never used today.

In academia, for purposes of tenure and promotion, the JD is considered sufficient for appointments at all academic ranks. The JD is therefore the usual doctorate which the professor of law in the U.S. will hold: it is not a stepping-stone en route to a PhD, since there are very few PhD in law programs in the U.S.

Titles

Licensed attorneys in the United States may append a variety of titles to their names, most of which are intended to convey that the person is licensed to practice law in at least one jurisdiction. "Attorney," "attorney-at-law," "Esquire" ("Esq."), "lawyer," and "J.D." are all generally acceptable titles that an attorney may use. However, "J.D." may be used by anyone who has received the degree from a law school, regardless of whether or not licensed to practice law. Those who are not admitted to practice law, but nonetheless represent or imply they are an attorney, may be subject to penalties for the unauthorized practice of law or impersonating a lawyer, both of which are criminal offenses in many jurisdictions.

ABA Informal Opinion 1152 states that attorneys may use the title 'Doctor' in their function as attorneys and also states that:

"Today one must have 84 to 90 post-baccalaureate hours to receive a J.D. degree. A Master of Law degree calls for 110 to 120 post-baccalaureate hours. Comparing this to the 60 hours of academic instruction plus a written dissertation, required for a [Ph.D.], one must agree that the legal degrees are at least comparable."

The former ABA Model Code of Professional Responsibility provided under Rule 2-102 a J.D. recipient to use doctor with his or her name, the committee concluded in ABA Informal Opinion 1152 (1970).

The Juris Doctor may be regarded as a "doctorate degree of taught program", in contrast to a "doctorate degree of research program". Practicing U.S. attorneys who hold the J.D. do not often use the title "doctor", a term reserved by custom mostly to physicians (who, like lawyers, hold professional doctorate degrees) or a holder of an academic doctorate of a research program, usually a Ph.D. One explanation for the restraintive behavior might be that the former rules of professional conduct prohibited self-laudation. On the other hand, the ABA and many state ethics committees seem to endorse the use of the doctor title by JD degree holders. . Occasionally, an attorney would be seen using the doctor title when he testifies as an expert witness.

Law degrees besides J.D.

The LL.M. (Master of Laws) is offered by some law schools after an additional period of study, usually of one year's duration. It focuses on a specialty area such as taxation law or international business law. In some cases, foreign-trained lawyers who lack a J.D. degree may earn a LL.M. degree and be admitted to the bar.

The J.S.D. (Doctor of Juridical Science) is a research degree. The requirements for the J.S.D. include a dissertation. The J.S.D. are relatively rare, even among professors on law school faculties (less than 5 % hold the degree). In 2005 about 60 such degrees were conferred, primarily to foreign-trained students.

There is only one PhD in law program in the United States, that of the University of Washington in Asian and Comparative Law.

The American J.D. elsewhere

While the American and Japanese J.D. requires a post-secondary, undergraduate level degree, most LL.B. degrees are only one step beyond a secondary degree, or the high school level. This distinguishes the graduate-level J.D. degree from many LL.B. degrees that merely provide an undergraduate degree.

The Bachelor of Laws degree (LL.B.) is the standard law degree in many common law countries (e.g., the United Kingdom, Ireland, New Zealand, Singapore, etc.). In most commonwealth nations, the LL.B. is a three to four-year undergraduate degree.

In Australia, Canada, India and Pakistan, the LL.B. is offered as a second-entry bachelor's degree, rather than as a first-entry bachelor's degree. This degree path typically requires five years of undergraduate study to achieve both the first and second bachelor's degree. In Canada, however, it can take between six and seven years. Many of these same regions (e.g. Australia, Canada, Hong Kong and India) also offer the doctorate level J.D., which typically requires four years of undergraduate study and three years of graduate study to complete the bachelor and doctoral degrees.

Specific national examples within the Commonwealth include:

For entry into common law LL.B. programs, Canadian and Indian universities require either a first bachelor's degree or three (sometimes two) years of undergraduate studies towards the first bachelor's degree. The University of Toronto has renamed its LL.B. degree to J.D. For entry into bachelor's degree programs (LL.B., B.C.L., or LL.L.) in Quebec civil law, universities in Quebec and the University of Ottawa generally require a CEGEP diploma. In India a system of law schools has developed in which the schools offer a first-entry bachelor's degree in law which is an integration of the LL.B. with another bachelor's degree, typically one in the arts. Its duration is five years, and the pioneer in this regard is the National Law School of India University at Bangalore.

Australian universities offer three methods of entry to the LL.B. If a student has exceptional secondary school marks, they can undertake an LL.B as an undergraduate degree over four years or undertake a heavily overloaded, joint degree programme, where a B.A., B.S., or Bachelor of Commerce and an LL.B. are taught concurrently over five to six years. An Australian student may also transfer into a four year LL.B. programme after a minimum of one year's study of any other discipline. Finally, the LL.B. is taught as an American-style, three year postgraduate qualification. Bond University, University of Queensland, University of Melbourne and Monash University offer the J.D.

In the United Kingdom, students are admitted into a three or four year undergraduate law degree (LL.B.) after completing sixth form college and attaining three to five Advanced Level certificates ("A Levels"). Additionally, many universities now require a successful performance in the LNAT test. The completion of the LL.B. is then followed by a one year postgraduate professional course, being either the Legal Practice Course or Bar Vocational Course, depending on the choice of career. Following the postgraduate course, students wishing to qualify as solicitors must complete a further two years professional experience known as the 'training contract'; those wishing to qualify as barristers must complete a further one year as a pupil at Chambers. The process generally takes five to seven years. After LL.B studies, many students alternatively opt to study for a LL.M degree before pursuing a professional career. Overseas students must have equivalent degree for entry on a LL.M program, this is normally a J.D or LL.B.

In Japan the JD is now the principal route to the legal profession, as a result of an intensive study done at government initiative.

Paraprofessional degrees

Some schools offer paraprofessional degrees at either the undergraduate or graduate level, such as a Bachelor of Legal Studies or a Master of Legal Studies. A Bachelor of Legal Studies degree is not equivalent to a Bachelor of Laws (LL.B.), and paraprofessional degrees are not considered to be law degrees. They do not satisfy the academic requirements for admission to practice law. Holders of these degrees often are employed as paralegals or in a law-related field such as insurance, trust companies, or banking. The ABA "approves" schools offering paralegal education in the form of 2-year associate degrees or 4-year bachelor degrees. See the list of approved schools.

See also

• Bachelor of Civil Law (B.C.L)
• Bachelor of Laws (LL.B)
• Legal education
• Admission to the bar in the United States
• Call to the bar - other common law jurisdictions
• Admission to the bar (non-U.S.) - other common law jurisdictions
• On the propriety of attorneys using the title "Dr." or "Doctor"

References

• Chapter I of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York, Section 3.47. Requirements for Earned Degrees and Section 3.50. Registered Degrees