Comparative Law Spring 2002Professor Susanna FischerCLASS 18GERMAN LEGAL PROFESSION & TRAINING IIFeb. 20, 2002

Wrap-Up: German UniversitiesThe German university system is publicly financed and supported through the Länder. There are not many private universitiesTeachers 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

Wrap-Up: German UniversitiesDue 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 numbersMost students will be allocated and not choose their university

Wrap-Up: German UniversitiesUniversity is free, but no subsistance is provided like the English grant systemMany students live at home

ScheineA Schein is an official administrative attestation that a student has successfully participated in a courseIt 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 degreeGenerally 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

Erstes juristiches Staatsexamen (Referendarexamen)

Administered by Ministry of Justice in each of 16 LänderWhat 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?

RepetitorienCommercial 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 students95% of students go to a RepetitoriumUsually start to attend about 2 years before State ExaminationCRITICISM: University doesn’t prepare students for state examinations

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 begunIf you take it early (after 8 semesters) (known as Freischuß), you can get a third attemptSuccess rate: about 35% fail and 65% passWhat happens after a law student has successfully passed this exam?

Most students who succeed in First State Exam do Referendardienst

What is this?Who runs it?Describe what it is likeHow 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?

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

Zweite juristische StaatsprüfungAbout 15% of students fail and 85% passWhat is the next step after passing this exam?What title can successful candidates use?

After the Second State ExamStudents 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 yearBusiness - about 30% (increasing)