Law School

In the United States, a law school is an institution where students obtain a professional education in law after first obtaining an undergraduate degree. Law schools in the U.S. issue the Juris Doctor degree J.D., which is a professional doctorate, and for most practitioners a terminal degree. Other degrees that are awarded include the Master of Laws LL.M. and the Doctor of Juridical Science J.S.D. or S.J.D. degrees, which can be more international in scope. Most law schools are colleges, schools, or other units within a larger post-secondary institution, such as a university. Legal education is very different in the United States from that in many other parts of the world. These basic courses are intended to provide an overview of the broad study of law. Not all ABA-approved law schools offer all of these courses in the 1L year; for example, many schools do not offer constitutional law and/or criminal law until the second and third years. Most schools also require Evidence but rarely offer the course to first year students. Some schools combine legal research and legal writing into a single year-long "lawyering skills" course, which may also include a small oral argument component. Because the first year curriculum is always fixed, most schools do not allow 1L students to select their own course schedules, and instead hand them their schedules at new student orientation. At most schools, the grade for an entire course depends upon the outcome of only one or two examinations, usually in essay form, which are administered via students' laptop computers in the classroom with the assistance of specialized software. Some professors may use multiple choice exams in part or in full if the course material is suitable for it e.g., professional responsibility. Legal research and writing courses tend to have several major projects some graded, some not and a final exam in essay form. After the first year, law students are generally free to pursue different fields of legal study, such as administrative law, corporate law, international law, admiralty law, intellectual property law, and tax law. Graduation is the assured outcome for the majority of students who pay their tuition, behave honorably and responsibly, maintain a minimum per-semester unit count and grade point average, take required upper-division courses, and successfully complete a certain number of units by the end of their sixth semester. Students unable to meet these requirements are ejected and forced to pursue other career options; very few law schools will admit a candidate involuntarily dismissed from another school. The ABA also requires that all students at ABA-approved schools take an ethics course in professional responsibility. Typically, this is an upper-level course; most students take it in the 2L year. This requirement was added after the Watergate scandal, which seriously damaged the public image of the profession because President Richard Nixon and most of his alleged cohorts were lawyers. The ABA desired to demonstrate that the legal profession could regulate itself and hoped to prevent direct federal regulation of the profession. As of 2004, to ensure that students' research and writing skills do not deteriorate, the ABA has added an upper division writing requirement. Law students must take at least one course, or complete an independent study project, as a 2L or 3L that requires the writing of a paper for credit. Most law courses are less about doctrine and more about learning how to analyze legal problems, read cases, distill facts and apply law to facts. Legal education focuses on skill-learning, not law-learning. Many of the top schools in the United States are much more interested in teaching students legal theory and analysis than they are in the specific doctrines or "black letter law". Top schools emphasize theory over practice for several reasons. First, these schools often train legal academics, who will be teaching future lawyers. Second, professors at these schools are often interested in questions of legal theory and legal reform, as they themselves are, and were, often not practitioners. Third, these schools often have the most prestigious journals, and students are encouraged to engage in scholarship to publish in these journals. However, clinical education is very important, and many schools, such as Wisconsin Law School and University of Maryland School of Law, differentiate themselves with excellent clinical programs. Moreover, students often seek out clinical programs because doctrinal courses offer little in the way of practical training. On the other hand, clinical programs may be emphasized to the detriment of opportunities for more lucrative tracts such as corporate law. In 1968, the Ford Foundation began disbursing $12 million to persuade law schools to make "law school clinics" part of their curriculum. Clinics were intended to give practical experience in law practice while providing pro bono representation to the poor. However, conservative critics charge that the clinics have been used instead as an avenue for the professors to engage in left-wing political activism. Critics cite the financial involvement of the Ford Foundation as the turning point when such clinics began to change from giving practical experience to engaging in advocacy. Many law students participate in internship programs during their course of study. In some schools, such as Northeastern University School of Law and the Earle Mack School of Law at Drexel University, students have the opportunity to pursue co-operative education programs during their legal education careers. Finally, it should be noted that the emphasis in law schools is rarely on the law of the particular state in which the law school sits, but on the law generally throughout the country. Although this makes studying for the bar exam more difficult since one must learn state-specific law, the emphasis on legal skills over legal knowledge can benefit law students not intending to practice in the same state they attend law school.

Notary Public

A notary public or notary or public notary in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to administer oaths and affirmations, take affidavits and statutory declarations, witness and authenticate the execution of certain classes of documents, take acknowledgments of deeds and other conveyances, protest notes and bills of exchange, provide notice of foreign drafts, prepare marine or ship's protests in cases of damage, provide exemplifications and notarize copies, and perform certain other official acts depending on the jurisdiction. Any such act is known as a notarization. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.

With the exceptions of Louisiana, Puerto Rico, Quebec, whose private law is based on civil law, and British Columbia, whose notaries tradition stems from scrivener notary practice, a notary public in the rest of the United States and most of Canada has powers that are far more limited than those of civil-law or other common-law notaries, both of whom are qualified lawyers admitted to the bar: such notaries may be referred to as notaries-at-law or lawyer notaries. Therefore, at common law, notary’s service is distinct from the practice of law, and giving legal advice and preparing legal instruments is forbidden to lay notaries such as those appointed throughout most of the United States of America.

Notaries are appointed by a government authority, such as a court or lieutenant governor, or by a regulating body often known as a Society or Faculty of Notaries Public. For lawyer notaries, an appointment is usually for life, while lay notaries are usually commissioned for a briefer term, with the possibility of renewal.

In most common law countries, appointments and their number for a given notaries district are highly regulated. However, since the majority of American notaries are lay persons who provide officially required services, commission numbers are not regulated, which is part of the reason why there are far more notaries in the United States than in other countries 4.5 million vs. approx. 740 in England and Wales and Approx. 1,250 in Australia and New Zealand. Furthermore, all U.S. and some Canadian notary’s functions are applied to domestic affairs and documents, where fully systematized attestations of signatures and acknowledgment of deeds are a universal requirement for document authentication. By contrast, outside North American common law jurisdictions, notaries practice is restricted to international legal matters or where a foreign jurisdiction is involved, and almost all notaries are also qualified lawyers.

For the purposes of authentication, most countries require commercial or personal documents which originate from or are signed in another country to be notarized before they can be used or officially recorded or before they can have any legal effect. To these documents a notary affixes a notaries certificate which attests to the execution of the document, usually by the person who appears before the notary, known as an appearer or constituent U.S.. In places where lawyer notaries are the norm, a notary may also draft legal instruments known as notaries acts or deeds which may have probative value and executory force, as they do in the civil law jurisdictions. Originals or duplicate originals are then filed and stored in the notary's archives, or protocol. Acts of lawyer notaries in general do not have this executory force.

Notaries are generally required to undergo special training in the performance of their duties. Some must also first serve as an apprentice before being commissioned or licensed to practice their profession. In many countries, even licensed lawyers, e.g., barristers or solicitors, must follow a prescribed specialized course of study and be mentored for two years before being allowed to practice as a notary e.g., British Columbia, England. However, notaries public in the U.S., of which the vast majority are lay people, require only a brief training seminar and are expressly forbidden to engage in any activities that could be construed as the practice of law unless they are also qualified attorneys. Yet, despite these apparent differences, notaries practice is universally considered to be distinct and separate from that of attorney solicitor/barrister. In England and Wales, there is a course of study for notaries who are conducted under the auspices of the University of Cambridge and the Society of Notaries of England and Wales. In the State of Victoria, Australia, applicants for appointment must first complete a Graduate Diploma of Notaries Practice which is administered by the Sir Zelman Cowen Centre in Victoria University, Melbourne.

In bi-juridical jurisdictions, such as South Africa or Louisiana, the office of notary public is a legal profession with educational requirements similar to those for attorneys. Many even have institutes of higher learning that offer degrees in notaries law. Therefore, despite their name, "notaries public" in these jurisdictions are in effect civil law notaries.