Juris Doctor

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

Juris Doctor (abbreviated J.D. or JD, from the Latin, Teacher of Law) is a professional degree in law offered by universities in a number of countries.

In the United States, it is earned after three years of full-time (four years of part-time) study after earning a bachelor's degree. One of the main purposes of the degree is to provide the professional training for those who wish to become lawyers. The J.D. is the degree required for admission to the bar in all but seven U.S. states and territorial jurisdictions.

In most common law nations the first degree in law is the LL.B., or Bachelor of Laws degree, though some law schools in Canada, Hong Kong, and Australia offer a J.D. as well, usually for students who already have a first degree in another field. The primary difference between a LL.B. and J.D. degree is that the LL.B. is an baccelaurate or undergraduate academic degree, and often requires the study of the history and philosophy of law, while the J.D. is a professional degree that concentrates on practical skills and requires little or no study of the history and philosophy of law. As a reflection of this, common law jurisdictions that allow holders of the LL.B. to qualify as lawyers also require additional training, or a traineeship, which is not required of J.D. holders in the United States.

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 characters 博士 in Japanese mean "doctor" and this is the same title given to holders of both professional and academic doctoral degrees.

History

In the United States law was originally learned by apprenticeship through reading the law and the inn of courts system brought from England. One who sought to join the profession would apprentice with a member of an inn. 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, Western Reserve, Stanford, and Yale. Still, although the entry-level law program was advanced to a graduate program, the degree conferred continued to be called an LL.B and was a second-entry bachelors degree.

However, upon its opening in 1902, the University of Chicago Law School chose to award the J.D. rather than the Bachelor of Laws, reflecting the specialized professional training required by the post-baccalaureate program. Some schools started conferring the J.D. as a Latin honor for students with high grades. Yale Law School was the last to rename the degree — it conferred the LL.B. until 1971. Today, the basic degree offered by all American law schools is the Juris Doctor.

The Paul M. Hebert Law Center on the campus of Louisiana State University in the U.S. confers on the graduates of its law program a combined J.D. / B.C.L. (Bachelor of Civil Law) in view of the Louisiana civil law components in the program and the additional (i.e., 7th) semester of study.

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 study for the degree of Juris Doctor, an applicant must have obtained a baccalaureate in some academic subject. One's undergraduate academic grades and Law School Admission Test (LSAT) score thus usually are the primary determinates for admission. However, many law schools consider such other factors as life experiences, work history, undergraduate extracurricular activities, and writing ability when determining whether to admit an applicant.

No particular undergraduate major or course of study is required for admission, and many law schools prefer that a student arrive as a tabula rasa as far as legal subjects and preconceptions are concerned. While actual standards are left to individual institutions, 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 not accredited by the American Bar Association have combined baccalaureate-J.D. programs which permit a student to commence study for the Juris Doctor before completing the bachelor's degree, thereby allowing the student to obtain both baccalaureate and Juris Doctor within a combined six-year period during which the student must satisfy the usual credit hours for each degree. Nonetheless, these institutions award the baccalaureate degree to the student before the credits for the J.D. degree are complete. Other law schools have combined J.D. programs with other graduate programs, so that students earn the J.D. jointly with, for example, an M.B.A..

Length of study

In the United States, 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: first-year students generally 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 in Lawyering Skills. The first-year schedule is simply prescribed for new students, who have choice in selection of courses. By contrast, 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 rigorous academic experience. Even those students who have excelled in rigorous undergraduate programs may find themselves overwhelmed. One contributing factor to this process is the enormous workload, which in the first semester usually translates to 25–30 pages of reading material per class session, as well as numerous research writing assignments throughout the semester. Another contributing factor is the use of a curve in grade distribution for first-year courses, since this greatly increases competition amongst students. ABA accredited law schools require that the average grade in each first-year core course fall around a specific grade, ranging from 2.5-3.0 on a 4.0 scale..

American law schools are known for the use of the "Socratic method" in first-year courses. 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 proceed to call on a student and ask him 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 fact 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 most professors do call on students randomly in class, some shy away from "drilling" their students as required by the Socratic method. Some professors instead prefer to stick to lecture-style teaching, incorporating a watered down version of the Socratic method as they see fit. The Socratic method remains widely used, however, at institutions such as Harvard University.

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, 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 examinati on 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.

Titles

Persons licensed as 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. Generally, the designation "J.D." may be used by a person who has received the degree from a law school, regardless of whether or not licensed to practice law. However, some states restrict this. Arizona, for instance, forbids the use of "J.D." as a title if it is "reasonably likely to induce others to believe the person or entity is authorized to engage in the practice of law [in Arizona]". . In all states, a person who is not admitted to practice law but who represents or implies that he or she is 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.

The characters used in the Chinese (Hong Kong) and Japanese name for the J.D. degree, 博士, mean "doctor," which same characters are used for both professional and academic doctoral degrees. Therefore, in those languages the 博士 or "Doctor" title is the correct and commonly used title for those with a J.D. degree.

There has been some controversy as to whether J.D. recipients may also use the title of Doctor (title) and whether an attorney bearing a J.D. may refer to himself as "Doctor". The most recent article on the topic appeared in the November 2006 issue of the American Bar Association Journal, entitled "Lawyers Are Doctors, Too". ABA Informal Opinion 1152 (1970) allows those who hold a Juris Doctor (J.D.) to use the title doctor. (See also ABA Model Code of Professional Responsibility, Disciplinary Rule 2-102(E).) Although the J.D. is not considered by some academicians as a terminal degree, the highest degree of many famous university presidents (a position that requires a terminal degree) has been that of a J.D. (e.g. 1971-1991 Harvard president Derek Curtis Bok, who also was acting president July 1, 2006 - June 30, 2007). Attorneys must nonetheless avoid using the title doctor in a manner that might mislead the public, such as a medical malpractice attorney using the title "Doctor" in a manner that could cause the public to believe the attorney is a medical professional with relevant medical experience.

Other law degrees

The LL.M. (Master of Laws), and academic degree, is offered by 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 in the United States, foreign-trained lawyers who lack a J.D. degree but have an undergraduate degree may earn a LL.M. degree and be admitted to the bar in some states. Because the LL.M. is not a professional degree, it is not necessarily a "higher" degree than a J.D., although a law degree (J.D. or LL.B.) is a prerequisite.

The J.S.D. (Doctor of Juridical Science) is the terminal academic degree in law (as opposed to a professional degree). The requirements for the J.S.D. include a dissertation. The J.S.D. is rare, even among law school professors and deans (fewer than 5% hold the degree). In 2005 about 60 such degrees were conferred, primarily to foreign-trained students.

The J.D. elsewhere

As a postgraduate degree, the 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.

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 countries (e.g. Australia, Canada, Hong Kong and India) also offer the doctorate level J.D., which typically requires three years of graduate study to complete.

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.; the law faculties at Queen's University and the University of British Columbia have recently voted to do the same. 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 the required secondary school marks, they can undertake an LL.B as an undergraduate degree over four to five years or undertake a joint degree programme, where a B.A., B.Sc., or B.Com. and an LL.B. are taught concurrently over five and a half 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. ANU, Bond University, University of Queensland, University of Melbourne, Monash University, University of Technology Sydney, and the University of Notre Dame Australia offer the J.D. ANU also offers the JSD degree as a shorter (three year) part-coursework alternative to a PhD in Law.

In England and Wales, 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 an equivalent degree for entry on a LL.M. program: this is normally a J.D. or LL.B. Cambridge University used to have a second degree in law called LL.B., but this has been renamed LL.M. The comparable higher degree at Oxford was Bachelor of Civil Law (B.C.L.)

In Japan the J.D. is now the required degree for admission to practice, as a result of an intensive study done by the government.

In Germany the Doctor of Law, an academic degree, is the most advanced degree in law (the basic degree being a successfully passed first Staatsexamen) awarded as Dr. iur. (Doctor iuris) based on a dissertation. It usually requires the grade of Fully Satisfactory in the student's first Staatsexamen though having successfully passed the second Staatsexamen (the german equivalent to the bar exam) is not required. Approximately only 8% of german jurisprudents are Doctors of law. German students of law have to take two examinations not held by their law school or bar association, but by the state (Staatsexamen), separated by an apprenticeship of two years. Their examinations passed, they are not granted a formal degree, but are referred to as Volljuristen (roughly "completed jurist") and as Rechtsassessoren (lat.: assessor juris, "assessor of law").

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. The Bachelor of Legal Studies or Master of Legal Studies degrees are even more theoretical than the Bachelor of Laws (LL.B.), and paraprofessional degrees are not considered to be law degrees. Also, they differ from the LL.B. in that they do not fulfill requirements for admission to the practice of law in any jurisdiction. Holders of these degrees are often 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

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