Fraternity Manuals

Bachelor of Laws

From Open Encyclopedia

The degree of Bachelor of Laws is the principal academic degree in law in most common law countries other than the United States, where it has been replaced by the Juris Doctor degree. It is abbreviated LL.B. (or, in rare instances, Ll.B.): "LL" is an abbreviation of the genitive plural legum (of laws), thus "LL.B." stands for Legum Baccalaureus in Latin. In the United States it is sometimes called "Bachelor of Legal Letters" to account for the double "L". Historically, law students used to study both civil law and common law. Today, this is much less common. However, a few institutions, such as Cardiff University's Department of Canon (Ecclesiastical) Law, continue to offer alternatives to the common law.

Contents

Qualifying law degrees

The term "qualifying law degree" refers to a degree from a university or college that is accredited by the relevant bar or law society and in which a passing grade has been achieved in designated core modules of the degree. The specific modules required by the bar association may vary and different naming conventions can be used. A typical qualifying law degree consists of six modules drawn from the following subject areas:

  • Public law (constitutional/administrative)
  • European Union law
  • Procedural Law (Including law of evidence)
  • Criminal law
  • Law of obligations (contract, restitution, and tort)
  • Property law (real property)
  • Trusts and equity

The following lists of United Kingdom universities are generally recognised in the Common Law countries for the purpose of professional admission.

Becoming a lawyer

Upon completion of the degree, graduates are generally qualified to apply for membership of the bar or law society. The membership eligibility bestowed may be subject to completion of professional exams. In Canada a one year period of articled clerkship (apprenticeship to an established lawyer or judge generally involving clerical duties) must be completed before admission to the bar. A student may have to gain a further qualification at postgraduate level, for example the Legal Practice Course or Bar Vocational Course in England and Wales or the PCLL in Hong Kong.

In Australia, LL.B. graduates are required to undertake a two year articled clerkship or the Legal Practice Course before applying for registration as a solicitor. Membership of the Bar is restricted to Barristers, and is attained through the successful completion of an exam and a nine-month period of tutelage (the reading period) under a senior Barrister.

Scotland

Scots law differs from English law and other common law countries. When Scotland became part of United Kingdom in 1707, its legal system remained separate and this is still true today. Scots law is founded upon Roman or civil law, although today it is a hybrid system, using both civil and common law.

Initial qualification

Qualification to the profession is to the Law Society of Scotland for solicitors, or to the Faculty of Advocates for those wishing to practise as Advocates at the High Court of Justiciary or the Court of Session.

Firstly, an LL.B. in Scots law must be obtained from one of the following universities:

Diploma in Legal Practice

Following successful completion of the LL.B., graduates must undertake a one-year vocational Diploma in Legal Practice (Dip LP), taught at the Universities of Aberdeen, Edinburgh, Dundee, jointly by Glasgow & Strathclyde (at the Glasgow Graduate School of Law) and The Robert Gordon University.

Traineeships and devilling

Those who wish to qualify as a solicitor must then undertake a two-year traineeship with a law firm. Qualification as an Advocate (the equivalent of a barrister in Scotland) requires an further nine-month unpaid traineeship (known as devilling) with an experienced Advocate.

Practising in other jurisdictions

Once qualified, Scots solicitors can practise in Scotland. If they wish to practise in the European Union they may do so providing they satisfy the requirements of the relevant EU Diretives, however to practise elsewhere in the United Kingdom they will be required to sit the relevant exams or study further courses.

International situation

Alternative titles and formats

In the United States the LL.B. became a three year graduate degree taken after completion of a four-year undergraduate degree. The LL.B. has now been widely replaced in the United States by the Juris Doctor (J.D.) degree although little has changed in its form and structure.

In most of the Commonwealth, the LL.B. remains the qualifying degree for the practice of law, though some universities award the degree of Bachelor of Civil Law (B.C.L.). At Oxford and Cambridge, the principal law degree is a B.A., in Jurisprudence and Law respectively; the B.C.L. and LL.B. (recently renamed LL.M.) are postgraduate degrees. Some universities in the United Kingdom and New Zealand offer variations of this degree, such as the LL.B.(Europe), which generally take four years to complete and include a wider range of topics as well as some degree of specialisation.

Eligibility to foreign jurisdictions

Foreign law graduates seeking admission to the bar in the United States may find their LL.B law degree fulfils core admission requirements and allows them to take the bar exam. For example, New York permits holders of Oxford and Cambridge B.A. degrees and University of London LL.B. degrees (not the external degree) to take the bar, and both New York and Massachusetts permit Canadian LL.B. holders to take the bar. (The University of Toronto J.D. is a renamed LL.B. and treated no differently by American states.) The procedures vary between states and interested applicants should seek specific advice.

Alternatives

There are also conversion courses available for non-law graduates, available as an alternative to the full-length LL.B. degree course. One such example of a conversion course in England and Wales is the GDL (Graduate Diploma in Law), which takes one year to complete. The Scottish alternative to this is the accelerated LL.B, where gradutates from another discipline can complete the LL.B as a postgraduate degree in two years.

See also

MediaWiki GNU Free Documentation License 1.2