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Comparative Law Spring 2002 Professor Susanna Fischer

Comparative Law Spring 2002 Professor Susanna Fischer. CLASS 18 GERMAN LEGAL PROFESSION & TRAINING II Feb. 20, 2002. Wrap-Up: German Universities. The German university system is publicly financed and supported through the Länder. There are not many private universities

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Comparative Law Spring 2002 Professor Susanna Fischer

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  1. Comparative Law Spring 2002Professor Susanna Fischer CLASS 18 GERMAN LEGAL PROFESSION & TRAINING II Feb. 20, 2002

  2. Wrap-Up: German Universities • The German university system is publicly financed and supported through the Länder. There are not many private universities • Teachers are less accessible and there is less contact between professors and students. Also more students per professor in German law schools (e.g. Munich: 5000 students, 34 permanent professors, about 34 adjunct type professors) • German law students tend to be older than in U.S. Avg age at graduation: 27

  3. Wrap-Up: German Universities • Due to differences in educational system prior to University, German students often study only one subject at University (e.g. Law) • In 1990 all German students who wanted to obtain a degree in law could do so, but the Ministry of Justice has since imposed a limit on numbers • Most students will be allocated and not choose their university

  4. Wrap-Up: German Universities • University is free, but no subsistance is provided like the English grant system • Many students live at home

  5. Scheine • A Schein is an official administrative attestation that a student has successfully participated in a course • It is issued by the course professor (there are no transcripts) and may or may not have a grade. A student must present Scheine for all required courses (6-7) to get a degree • Generally graded from 1 to 6 (6 is lowest and below 4 is a fail) • They are not hard to pass - there is no really difficult tests until the First State Examination

  6. Erstes juristiches Staatsexamen (Referendarexamen) • Administered by Ministry of Justice in each of 16 Länder • What is this exam like? • What subjects does it cover? • Who grades it? • Is it written, or oral? Would you like to have oral law exams?

  7. Repetitorien • Commercial cram courses (began in Bologna law school in 13th century!) • Exists to deal with problem of high faculty-student ratio and little contact between professors and students • 95% of students go to a Repetitorium • Usually start to attend about 2 years before State Examination • CRITICISM: University doesn’t prepare students for state examinations

  8. Erstes juristiches Staatsexamen (Referendarexamen) • You can take this exam twice and if you fail on the second attempt, your legal career will be ended before it has begun • If you take it early (after 8 semesters) (known as Freischuß), you can get a third attempt • Success rate: about 35% fail and 65% pass • What happens after a law student has successfully passed this exam?

  9. Most students who succeed in First State Exam do Referendardienst • What is this? • Who runs it? • Describe what it is like • How long does it last? • What do Referendare learn? • Do you think something like the Referendardienst should be incorporated into the U.S. system? • What happens after the Referendardienst is completed?

  10. Zweite juristische Staatsprüfung • What is this exam like? • Compare and contrast it to the First State Exam. • Is it written or oral?

  11. Zweite juristische Staatsprüfung • About 15% of students fail and 85% pass • What is the next step after passing this exam? • What title can successful candidates use?

  12. After the Second State Exam • Students can be called Assessor or Volljurist and can choose what branch of the legal profession to seek work. • Judiciary: less than 10% • Public Administration: 10% • Rechtsanwälte - less than 50% • Public Notaries - 7 or 8 per year • Business - about 30% (increasing)

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