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 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

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

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

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

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?

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

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?

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?

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

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?

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)