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Legal Education System

Meaning of Legal Education

Legal education means taking knowledge as well as skills in the subjects of law to be prefect in the profession of legal systems. A lawyer can become an outcome of such education, who is a blessing for whole society because he work for the advantage as well as for the welfare of the society by demanding justice from the Court of Law in behalf of their clients.

The greatest role of Bar Council of India in the field of legal education with the growing needs of the society through which the work of the lawyers is high-tech and there must be an imperative demands to have a competent lawyers who would be trained in the proper culture of a legal education. Biggest example of our Legal Education System were Dr. Rajendra Prasad, Sardar Vallabhai Patel etc.

History of Legal Education System in India

Legal Education in India starts from the year 1885. Its aim was to appoint law students so that they could help to the courts i.e. District Courts, High Courts and Supreme courts by enrolling themselves as Vakeels/Pleaders or Judicial Officers. Under section 4 of Advocates Act, 1961 stated about The Bar Council of India that is a Statutory Body to perform Legal Education and Profession.

As per the Act new regulations was made for discovering Legal Education in India, the method of the teaching also needed to be change by providing them training. In recent times, the legal education system has completed changed and need more changes in the education structure to cope up with in the global world by way of various new ideas and research in the field of legal.

Legal Education in India

It is both a theory as well as practical. There is a big gap in the education what people receive and what they practice in their real life. In legal education, it is an important role that lawyers will have a practical knowledge of law to get conceive that in what sense and how it get applied in a particular given circumstances. To remove some problems the BCI has made it mandate for students to do internships in their legal studies to adopt practical knowledge of the subject. The BCI stated a rule that the minimum internship a student must do for 12 weeks and 20 weeks in their respectively 3 years Law program and 5 years Law program.

Two skills are involved in the Legal Education System must develop in the advocate- First is Effective Learning and another one is capability to remember the facts client communicate.

Manubhai Vashi VS State of Maharashtra AIR 1989 Bom 296
In this case, the Supreme Court held that the Legal Education System should be able to meet the ever-growing needs of the society and should be thoroughly equipped to furnish to complication of various situations.

Law Graduates do not join for Post-Graduation in India Law Schools neither they are attracted to teaching and in research papers. Many of the students migrate to UK and USA for LL.M education in Law Schools and they do not return or agree to take up teaching positions to India.

Legal Education plays an essential role in Legal Reform. Legal Reform means correction in the current legal system or in enactments. Legal Education helps in growing the attitudes of people and it empowers the people to have determine the social problems. To make everyone more alert about their rights and duties.

A National Law Universities establishment has a great role in reforming the legal education in India. The various Law schools offer a mutli-disciplinary and combined approach to legal education. NLS has offered five years law course within the successful completion of an integrated course named as B.A., LL.B (Honours) be granted. Then the next NLU was set up in the year 1997 in Bhopal. It was followed by NALSAR University in the year 1998.

CLAT is the reforming of Law entrance exam in the Legal Education. The Common Law Admission Test was came into an existence for bring together the law entrance system in Indialike other courses.
Within Legal Education, Legal Aid is one of the important parts. Legal Aid is a machinery that every citizen get Equality before Law and Equal Protection of Law under Article 14 of Constitution as a fundamental Right. Under Constitution (Amendment) Act, 1976 Article 39-A has inserted for Legal Aid.

Legal Education System in India has changed vastly from over a decade but still our system needs a reform to make it very effective and justice oriented also. It is generally attribute towards the education of lawyers before going into the Legal practice. Before British in India, there was no strict legal education existed in India. But after Independence, the situation has completed changed.

Legal Education Institution

The law schools in India have moot courts, which has made a legal education more practical in remote of learning the law. Legal Education is now onwards becoming more specialized in the view of mind's eye by the booster of the legal profession. The role of University Grant Commission in providing help and guidelines for performing of the upcoming law schools has become crucial. Legal Education in India has opened up new opportunities for law students in India.

Scope of Legal education System in India

Today, India have the largest number of Legal Professionals in the whole world. In India according to reports, near around half of a million law students pass out from different law schools. Law is a wider concept and it touches everyone in some way or another. Law is more than money or status. A law student with all his/her desired skills, inherent interest has a vast range of opportunities available in the legal professional. The Legal world has changed and opportunities for trained persons has increased. Now in India, legal Education is completely different from what it was in last decade. After completing, the law course practicing in court is not only the option left. Any student who wants to pursue his /her career in legal profession can prepare common Law Admission Test (CLAT) for giving entrance test for any college in India.

There are various scopes in legal education system that are:

  • Practicing Advocate:
    For the first generation lawyers, the Indian courts sanction very less scope in it.
  • Corporate Counsellors:
    working as a corporate counsellor with a law firms. Large amounts has paid by these firms to fight their legal cases.
  • Judicial Services:
    Hardworking students see themselves as civil servants in the upcoming future for our own country.

Issues:
  • The profession suffering a decrease in packages, the most of the institutes have been unable to fulfill a better fulltime faculty. Most of the colleges have been set up merely for profit motive but they do not wants to expand upon their faculty.
  • Law colleges and universities give the degrees to their students without any bugging the student about proper knowledge of education. Many law colleges and universities failed to expert their students as learners. Start new law colleges or universities without proper infrastructure, staff, books as well as taking permission of the BCI.

In UK
Legal Education System in UK is depends upon the common law system which had been developed by the judicial decisions and crystallized laws through the practices and through tradition which followed over a century ago. In the contemporary world, the UK legal education system is one of the most developed legal education systems. In UK, three separate legal jurisdictions are England and Wales, Scotland and Northern Ireland. All these three are depended upon the common law system. The legal education system of these entire three jurisdiction contradict in aspect of both academic and practical.

The legal education system of UK is highly focus on the research components as a part of undergraduate course and postgraduate course. Law is a challenging field to study about, but it is very worthful to attend and taking advantage into it. Studying law in UK provides a benefit of deep knowledge to cope up with legal principles.

The UK universities offers few law degrees as:

  • Bachelors in Law
  • Master in Law
  • Graduate Diploma in Law
  • Law Practice Course
  • Bar Professional Training Course
  • Qualified Lawyer Transfer Scheme
International fees for UG law programs falls within 12,000 to 20,000 per academic year and for PG law programs (LLM) falls within 14,000 to 30,000. Most of law schools in UK use the mutual online application platform.

In Australia
Australia follow a common law system, which involves court-enforced statues. The states and territories of Australian directed by their own court systems with an overseeing federal body. Its legal system known through its maturity and rich history. Australian law schools deal the Bachelor of Law (LLB) and in some cases Juris Doctor (JD). The Bachelor of Law (LLB) is a four-year law course of study whereas Juris Doctor (JD) is a three-year course.

Both these degree recognized for the practice of law within Australia. Australia also offer LLM degree. Number of International students wants to pursue Australian Law Degree due to their high quality and internationally status. The law schools and law faculties of Australian Universities provide both undergraduate and postgraduate programs. All law schools teach in English as well as applicants must satisfy its language requirement in pursuance to grab the proficiency expectation.

The cost of law studies alter which built upon the institution and on the degree. UG range within $15,000 and $33,000AUD; PG range within $20,000 and $37,000 AUD whereas Doctoral degrees can done within $14,000 and $37000 AUD. Most of the law students enter into law careers either in barristers or in solicitors who is working in private practice or for the government. This degree studied between March and October work as full-time in a year.

Most of Law schools follows a system, which contain minimum number of subjects. Like contract, tort, property, constitutional law, civil law, criminal law, evidence, and court procedure. Master in Law requirement a bachelor's of law (honors) as well as one/two year's full-time study consist a thesis or course work or both. In Australia students took combined subjects like Arts/Law, Commerce/Law, Business/Law and Science/Law. Whereas Engineering/Law and Medicine/Law are nowadays more, frequent.

In USA
In USA there is no undergraduate law program. For taking admission in LLM degree a student must have a bachelor's degree in any field and have to give Law School Admission Test (LSAT). In LLM degree International students can also pursue this degree from United States. Students can adopt a deep knowledge of the legal system and they practice in the USA. The options available for them are environmental law, business law, and international arbitration.

Students from India apply in US universities for LLM needs a bachelor degree in law (whether 3+3 or 5 years integrated course).

Before taking admission in the Doctor of Juridical Science (S.J.D or J.S.D), the candidate must have a completed degree in LLM from any law school in US. Law School costs consists of tuition fees, living expenses, books as well as health insurance. Most of Law Schools in the US offers both LLMs and JDS on different types of merit based.

Before planning for a JD or LLM, it is an essential part to consider about whole things like cost and its benefit. JD is a three-year program and LLM is one-year program. Law Firms within the US appoint first year associates for JD degree. Then the students of LLM gets after that the positions or foreign associate position. The international students can take the benefit of practical training that allow students to increase their stay in the US for gaining the work experience.

Important Steps that leads to be a successful career as an attorney:

  • Bachelor's Degree from university or college- approximately four years
  • LSAT exam
  • Law school to gain Juris Doctor
  • Bar examination- immediately after law school
  • Certification to practice law

About Law School:

American Bar Association (ABA), is a volunteer organization of lawyers and for law students that sets all the standards for the American Legal Profession. Many of the law schools consider a student's academic performance depends upon their grade point average (gpa). Getting admission in law school could not done through eyes shut process. Selection in Law school gets difficult. Once the application be filed and is evaluated, once should feel lucky if gets revert from mail about welcome letter. Many law schools classes focus upon analyzing the legal issues, reading cases, identifying the facts, and applying laws on these facts.

The Bar Examination under the United States country needed before students begins their practicing law. The bar examination is the final step in students legal education in the US before candidates begin practicing law in the state.

According to state wise statistics, the moderate time for a civil case to process from notice to appeal by resolution is approximately 1.5 years.

In New Zealand
In New Zealand, it derives its legal system from common law system that also used in UK. It follow a statute law that means the laws created by the Parliament. In New Zealand lawyers, practicing must hold a bachelor degree in Laws. Students can apply to the one of the country's universities that offers legal studies. It provides a benefit that offers Law program. Legal training can also provide a work as a court reporter, legal executive, and legal secretary.

In New Zealand, the Judges are not elected through their role but the Governor-General elects them on the recommendation of the Attorney-General, who is the Cabinet Member of the government. Judges have to work independently. Only lawyers can be elect as a Judge and they to hold a practicing certificate at least for seven years' experience.

This country consist of two types of court- General Court and Specialist Court.

General Court: It court of general jurisdiction that consist of four levels:

  • District Court
  • High Court
  • Appeal Court
  • Supreme Court
In district court, the Civil and Criminal matter get resolves. In NZ country, there are 58 district courts. In High Court, mostly civil claims and major crimes. There are 46 high court judges, consisting seven associate judge and civil judges. The Appeal Court, mostly hear about civil and criminal matters appeals from the HC. The Supreme Court is the final appeal.

Specialist Court:
  • Employment court- issues of labor relations.
  • Family court- child custody, divorce, adoption, care and protection of the children.
  • Youth courts- offences committed by young youth (within the age of 12 to 17).
  • Environment court- resource management, development matters.

In Canada
Legal Education in Canada that consist of English Common Law. In the common law provinces, a legal practitioner not fixed in both a barrister and a solicitors. In Canada, students do not come directly from high school to law school. 2 years of university education is minimum and most of the successful applicants have a degree. Legal journals and special lectures and meetings of bar associations are accessible. Legal Education in Canada is becoming more expensive. Many law schools charge different fees.

Supreme Court is the highest court in Canada and which is located in the Ottawa. SC only hears appeals. The decision given by SC is final and binding upon the parties. Canada also have a federal court that heard legal matters through federal administrative tribunal, board or commission.

Public Legal Education objective to make the community aware as well as towards their skills related to law and justice system. Canadians cannot act upon the rights unless and until they didn't know about and understand it carefully. Canadian Bar Association wholly supports the organization and the contributions they make. Legal training responsibility in Canada within the nation's law schools and the law societies. Institutions of higher learning under Law schools helps students to study about laws whereas assuring the legal services covered under law societies are providing to public by qualified lawyer.

In Dubai
Education authorities are pursuing international law schools to come to Dubai for studying. Education is provide in English to the country's Lawyers. In Dubai Michigan state university campus only offers master's degree specialized in Jurisprudence that mainly focuses upon the study and theory of international law. No other renowned foreign universities in UAE provides Master's in Law LLM courses except only one mentioned above. The Dubai Legal System does not depend much upon the statute (case law) and precedents (decisions) like civil law system do. The Dubai Legal System has no single written constitution. The legal system of Dubai has enacted some commercial and civil codes. Laws were written in Arabic. Many laws can be find in English translations also.

Litigation process in Dubai has become simple, as they provide 217 services through Dubai courts and they are available in a single platform. In UAE there is no LLM course offered by their renowned foreign universities.

Comparison
Legal education provides teaching practice and procedures that are different from places to places. Legal education is a balance in legal practice. Law school graduates undergo with a professional training in England and in some parts of Europe, Japan etc. UK, USA and India all these countries are democratic countries through performing in the way of functioning, making laws and by amending powers as per there country's needs. Indian Constitution is younger than all these three countries.

The Constitution of India has adopted some features from different countries to check the suitability of our own country. In USA, there is no separate constituent body for amendment of constitution like in India and UK. The parliament can amend the constitution in UK and India. India constitution is not much rigid. US constitution is a rigid constitution and it can only be amended through US Congress.

In UK, it has flexible constitution, they do not need any special procedure for its amendment and it will been done by parliament. US has a wider legal education system than the New Zealand does. The US has the 50 times large as per the New Zealand system in context of number of fully-time faculty employed and students enrolled and 70 times larger population than New Zealand. In USA most of the law schools are private instead of public funded institutions whereas in New Zealand law schools are all located under the public institutions.

Legal Education in USA and New Zealand is thoroughly deficit for offering the course in law and economics in NZ law schools, where in US law school it is all presence. Large lecture sections used and consider small tutorial groups within undergraduate programs in both NZ and US. Legal education model adopted by NZ and most of the rest world. In US Legal Education Reformers whereas from NZ learn a tremendous arrangement experience. Legal system in both the countries i.e. UK and US shares the common law roots. In both the countries the court systems are quietly same.

There is no tribunal system in USA but in UK there are for some cases. In US there would be no need to continue further courses after law schools whereas in UK lawyers can take a three year course at law school and gets a Juris Doctor degree on graduation. In USA lawyers are called as attorney wherein law officer in Australia called as a solicitor.

Conclusion
Legal profession in UK has enjoyed huge status in addition of popularity in the globalization of law. US has more advanced in exporting in its legal education model, particularly in the markets of India. Legal Education is increasing need of the society. Teachers also plays an important role in helping lawyers through hardworking on them. Teachers are the nation builder. In India Legal education means education of lawyers before getting into practice. Negative side in India that there are vacant positions in the law schools.

Many students got migrate within the countries of USA and UK law schools for getting admission in LLM education and they do not return in their own country. The content of this matter should give importance. It should be uniform in country. Legal education must set the minimum norms that law schools must satisfy as prescribed thereunder.

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