A law school is an institution specializing in legal education involved as part of a process for becoming a lawyer within a given jurisdiction. To practice in Australia, one needs to graduate with a Bachelor of Laws, Juris Doctor, or Diploma-in-Law issued by the Legal Profession Admission Board, followed by an internship for 12 months or an extra course in practical legal training depending on the jurisdiction and university, be admitted as a lawyer of one of a state's Supreme Court. In Brazil the legal education begins between 1827/28 in Olinda/PE and São Paulo/SP where the first Schools of Law were established by the new Empire using as educational model the Coimbra Faculty of Law. Nowadays the legal education consists in a 5-year-long course in which, the scholar is granted a bachelor's degree. Therefore, it is considered part of the higher education, hence the educational system is regulated as: i) basic education - primary and high school; the practice of law is conditioned upon admission to the bar of a particular state or other territorial jurisdiction.
Public attorneys, public prossecutors and magistrates admission is made through an entrance examination and a constitutional mandatory three years of legal experience. Starting from the second degree courts it is mandatory a 1/5 of its composition to be fulfilled with members of the lawyers/attorneys/barristers association and from federal/state/labour processcutors regarding the court jurisdiction. After achieving the bachelor's degree of laws it is possible to follow an i) specialization or follow ii) academically, in either case it is called postgraduation: i) lato sensu; the postgraduation, stricto sensu, consists in a: a) master's degree, a two-year degree. The oldest civil law faculty in Canada offering law degrees was established in 1848 at McGill University in Montreal, the oldest common law faculty in Canada offering law degrees was established in 1883 at Dalhousie University in Halifax; the typical law degree required to practice law in Canada is now the Juris Doctor, which requires previous university coursework and is similar to the first law degree in the United States.
There is some scholarly content in the coursework. The programs consist of three years, have similar content in their mandatory first year courses. Beyond first year and the minimum requirements for graduation, course selection is elective with various concentrations such as business law, international law, natural resources law, criminal law, Aboriginal law, etc; some schools, have not switched from LL. B. to the J. D. – one notable university that still awards the LL. B is McGill University. Given that the Canadian legal system includes both the French civil law and the Anglo-American common law, some law schools offer both an LL. B. or J. D. and a B. C. L. LL. L. or LL. B. degree, such as McGill University, University of Ottawa and the Université de Montréal. In particular, McGill University Faculty of Law offers a combined civil law and common law program, called "transsystemic." At other faculties, if a person completes a common law degree a civil law degree can be obtained with only an extra year of study.
This is true for civil law graduates who wish to complete a common law degree. Despite changes in designation, schools opting for the J. D. have not altered their curricula. Neither the J. D. or LL. B. alone is sufficient to qualify for a Canadian license, as each Province's law society requires an apprenticeship and successful completion of provincial skills and responsibilities training course, such as the British Columbia Law Society's Professional Legal Training Course, the Law Society of Upper Canada's Skills and Responsibilities Training Program. And the École du Barreau du Québec; the main reason for implementing the J. D. in Canada was to distinguish the degree from the European counterpart that requires no previous post-secondary education, However, in the eyes of the Canadian educational system, the J. D. awarded by Canadian universities has retained the characteristics of the LL. B. and is considered a second entry program, but not a graduate program. Disagreement persists regarding the status of the degrees, such as at the University of Toronto, where the J.
D. degree designation has been marketed by the Faculty of Law as superior to the LL. B. degree designation. Some universities have developed joint Canadian LL. B or J. D. and American J. D programs, such as York University and New York University, the University of Windsor and the University of Detroit Mercy, the University of Ottawa and Michigan State University program. Law school is entered to at the undergraduate level in a university. There is an intermediate bachelor's degree. Once university education is complete, the title of varatuomari is obtained with an one-year externship in a district court; this is the basic qualification to practice law. With further experience, the candidate may be admitted to the Finnish Bar Association and licensed with the protected title asianajaja, similar to barrister. In France, th
A law clerk or a judicial clerk is an individual—generally an attorney—who provides direct assistance and counsel to a judge in making legal determinations and in writing opinions by researching issues before the court. Judicial clerks play significant roles in the formation of case law through their influence upon judges' decisions. Judicial clerks should not be confused with legal clerks, court clerks, or courtroom deputies who only provide secretarial and administrative support to attorneys and/or judges. Judicial clerks are recent law school graduates who performed at or near the top of their class. Serving as a judicial clerk is considered to be one of the most prestigious positions in legal circles, tends to open up wide-ranging opportunities in academia, law firm practice, influential government work. In some countries, judicial clerks are known as judicial assistants. In many nations, clerk duties are performed by permanent staff attorneys or junior apprentice-like judges, such as those that sit on France's Conseil d'État.
In English courts, they are known as judicial assistants. The European Court of Justice uses the stagiaires. Australia, Canada and Brazil have notable clerk systems. See Judge's associate and Tipstaff. Most Canadian courts accept applications for judicial clerkships from graduating law students or experienced lawyers who have been called to the Bar in Canada or abroad. Most provincial superior and appellate courts hire at least one clerk for each judge. Students in their last two years of law school are eligible to apply for these positions, but experienced practicing lawyers are considered for these positions; the term lasts a year and fulfills the articling requirement for provincial law societies, which qualifies a person to become a practicing lawyer in a Canadian jurisdiction. The most prestigious clerkship available is with the country's highest court, the Supreme Court of Canada, followed by the Federal and provincial Courts of Appeal; each Justice of the Supreme Court hires four clerks for a one-year period.
The Federal Court of Appeal, based in Ottawa but hears cases across the country, selects 15 law clerks each year, or one per judge. The Federal Court hires only one clerk per judge, or about 30 per year in total; the Court of Appeal for Ontario selects 17 law clerks, who serve either one or two of the 24 Justices. The Quebec Court of Appeal hires a similar number of law clerks for both Montreal and Quebec City, but is unusual among Canadian courts in having a formal clerkship program for law students in addition to law graduates; the Court of Appeal for Saskatchewan hires 3 clerks. Successful candidates for all clerkships are selected based on a distinguished academic record, academic recommendations, strong research and writing skills and interviews with judges. For both the Supreme Court of Canada and the Quebec Court of Appeal, being able to work in both English and French is preferred; the Tax Court of Canada hires 12 clerks annually. Many law clerks have gone on to become leaders of the profession.
For example, the Hon. Mr. Justice Jean Cote of the Alberta Court of Appeal was one of the first Supreme Court law clerks, serving as a clerk in the program's inaugural year; the Hon. Madam Justice Louise Arbour of the Supreme Court of Canada, the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia and former UN High Commissioner for Human Rights served as a law clerk in the early years of the program. Meanwhile, the Hon. Madam Justice Andromache Karakatsanis of the Supreme Court of Canada and the Hon. Madam Justice Kathryn N. Feldman of the Ontario Court of Appeal were law clerks at the Ontario Court of Appeal. In England and Wales, law clerks are called judicial assistants, it is possible to be a judicial assistant at the UK Supreme Court. Only Supreme Court judicial assistants are appointed for a full-time, one year fixed-term appointment. Since 2006 they have taken part in a week long exchange in Washington DC at the U. S. Supreme Court established by the late Justice Antonin Lord Rodger of Earlsferry.
Sally Kenney's article on clerks, or référendaires, on the European Court of Justice provides one detailed point of comparison. There are some major differences between ECJ clerks and their American counterparts because of the way the ECJ is structured. One key difference is that ECJ clerks, while hired by individual judges, serve long tenures as opposed to the one-year-clerkship norm at the U. S. Supreme Court; this gives ECJ clerks considerable power. Because ECJ judges serve six-year renewable terms and do not issue individual opinions, the most important role of ECJ clerks is to facilitate uniformity and continuity across chambers, member-states, over time. Furthermore, this role is heightened because the European Union is composed of different nations with disparate legal systems. Kenney found that ECJ clerks provide legal and linguistic expertise, ease the workload of their members, participate in oral and written interactions between chambers, provide continuity as members change. While Kenney concludes that they have more power than their counterparts on the U.
S. Supreme Court, ECJ clerks act as agents for their principals—judges—and are not the puppeteers that critics claim; the ECJ admits a limited n
Field Marshal Jan Christiaan Smuts was a South African statesman, military leader, philosopher. In addition to holding various cabinet posts, he served as prime minister of the Union of South Africa from 1919 until 1924 and from 1939 until 1948. Although Smuts had advocated racial segregation and opposed the enfranchisement of black Africans, his views changed and he backed the Fagan Commission's findings that complete segregation was impossible. Smuts subsequently lost the 1948 election to hard-line nationalists, he continued to work for reconciliation and emphasised the British Commonwealth’s positive role until his death in 1950. He led a Boer Commando in the Second Boer War for the Transvaal. During the First World War, he led the armies of South Africa against Germany, capturing German South-West Africa and commanding the British Army in East Africa. From 1917 to 1919, he was one of the members of the British Imperial War Cabinet and he was instrumental in the founding of what became the Royal Air Force.
He became a field marshal in the British Army in 1941, served in the Imperial War Cabinet under Winston Churchill. He was the only person to sign both of the peace treaties ending the Second World Wars. A statue of him stands in London's Parliament Square, he was born on 24 May 1870, at the family farm, near Malmesbury, in the Cape Colony. His parents, Jacobus Smuts and his wife Catharina, were prosperous, traditional Afrikaner farmers, long established and respected; as the second son of the family, rural custom dictated. In 1882, when Jan was twelve, his elder brother died, Jan was sent to school in his brother's place. Jan attended the school in nearby Riebeek West, he made excellent progress here, despite his late start, caught up with his contemporaries within four years. He moved on to Victoria College, Stellenbosch, at the age of sixteen. At Stellenbosch, he learned High Dutch and Ancient Greek, immersed himself in literature, the classics, Bible studies, his traditional upbringing and serious outlook led to social isolation from his peers.
He made outstanding academic progress, graduating in 1891 with double first-class honours in Literature and Science. During his last years at Stellenbosch, Smuts began to cast off some of his shyness and reserve, it was at this time that he met Isie Krige, whom he married. On graduation from Victoria College, Smuts won the Ebden scholarship for overseas study, he decided to travel to the University of Cambridge in the United Kingdom to read law at Christ's College. Smuts found it difficult to settle at Cambridge, he isolated by his age and different upbringing from the English undergraduates. Worries over money contributed to his unhappiness, as his scholarship was insufficient to cover his university expenses, he confided these worries to a friend from Victoria College, Professor J. I. Marais. In reply, Professor Marais enclosed a cheque for a substantial sum, by way of loan, urging Smuts not to hesitate to approach him should he find himself in need. Thanks to Marais, Smuts's financial standing was secure.
He began to enter more into the social aspects of the university, although he retained his single-minded dedication to his studies. During his time in Cambridge, he found time to study a diverse number of subjects in addition to law, he wrote a book, Walt Whitman: A Study in the Evolution of Personality, although it was unpublished until 1973. The thoughts behind this book laid the foundation for Smuts' wide-ranging philosophy of holism. Smuts graduated in 1894 with a double first. Over the previous two years, he had been the recipient of numerous academic prizes and accolades, including the coveted George Long prize in Roman Law and Jurisprudence. One of his tutors, Professor Maitland, a leading figure among English legal historians, described Smuts as the most brilliant student he had met. Lord Todd, the Master of Christ's College, said in 1970 that "in 500 years of the College's history, of all its members and present, three had been outstanding: John Milton, Charles Darwin and Jan Smuts."In December 1894, Smuts passed the examinations for the Inns of Court, entering the Middle Temple.
His old Cambridge college, Christ's College, offered him a fellowship in Law. Smuts turned his back on a distinguished legal future. By June 1895, he had returned to the Cape Colony, determined to make his future there. Smuts began to practise law in Cape Town. Finding little financial success in the law, he began to divert more and more of his time to politics and journalism, writing for the Cape Times. Smuts was intrigued by the prospect of a united South Africa, joined the Afrikaner Bond. By good fortune, Smuts' father knew the leader of Jan Hofmeyr. Hofmeyr in turn recommended Jan to Cecil Rhodes. In 1895, Smuts became an supporter of Rhodes; when Rhodes launched the Jameson Raid, in the summer of 1895–96, Smuts was outraged. Feeling betrayed by his employer and political ally, he resigned from De Beers, left political life. Instead he became state attorney in the capital of Pretoria. After the Jameson Raid, relations between the British and the Afrikaners had deteriorated steadily. By 1898, war seemed imminent.
Orange Free State President Martinus Steyn called for a peace conference at Bloemfontein to settle each side's grievances. With an intimate knowledge of the British, Smuts took control of the Transvaal delegation. Sir Alfred Milner, head of the Briti
Legal history or the history of law is the study of how law has evolved and why it changed. Legal history is connected to the development of civilisations and is set in the wider context of social history. Among certain jurists and historians of legal process, it has been seen as the recording of the evolution of laws and the technical explanation of how these laws have evolved with the view of better understanding the origins of various legal concepts. Twentieth century historians have viewed legal history in a more contextualised manner more in line with the thinking of social historians, they have looked at legal institutions as complex systems of rules and symbols and have seen these elements interact with society to change, resist or promote certain aspects of civil society. Such legal historians have tended to analyse case histories from the parameters of social science inquiry, using statistical methods, analysing class distinctions among litigants and other players in various legal processes.
By analysing case outcomes, transaction costs, number of settled cases they have begun an analysis of legal institutions, practices and briefs that give us a more complex picture of law and society than the study of jurisprudence, case law and civil codes can achieve. Ancient Egyptian law, dating as far back as 3000 BC, had a civil code, broken into twelve books, it was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality. By the 22nd century BC, Ur-Nammu, an ancient Sumerian ruler, formulated the first extant law code, consisting of casuistic statements. Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; the most intact copy of these stelae was discovered in the 19th century by British Assyriologists, has since been transliterated and translated into various languages, including English and French.
Ancient Greek has no word for "law" as an abstract concept, retaining instead the distinction between divine law, human decree and custom. Yet Ancient Greek law contained major constitutional innovations in the development of democracy. Ancient India and China represent distinct traditions of law, had independent schools of legal theory and practice; the Arthashastra, dating from the 400 BC, the Manusmriti from 100 BCE were influential treatises in India, texts that were considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism, was cited across South East Asia, but this Hindu tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire. Malaysia, Brunei and Hong Kong adopted the common law; the eastern Asia legal tradition reflects a unique blend of secular and religious influences. Japan was the first country to begin modernising its legal system along western lines, by importing bits of the French, but the German Civil Code.
This reflected Germany's status as a rising power in the late nineteenth century. Traditional Chinese law gave way to westernisation towards the final years of the Qing dynasty in the form of six private law codes based on the Japanese model of German law. Today Taiwanese law retains the closest affinity to the codifications from that period, because of the split between Chiang Kai-shek's nationalists, who fled there, Mao Zedong's communists who won control of the mainland in 1949; the current legal infrastructure in the People's Republic of China was influenced by soviet Socialist law, which inflates administrative law at the expense of private law rights. Today, because of rapid industrialisation China has been reforming, at least in terms of economic rights. A new contract code in 1999 represented a turn away from administrative domination. Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organization. Yassa of the Mongol Empire The legal history of the Catholic Church is the history of Catholic canon law, the oldest continuously functioning legal system in the West.
Canon law originates much than Roman law but predates the evolution of modern European civil law traditions. The cultural exchange between the secular and ecclesiastical law produced the jus commune and influenced both civil and common law; the history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. In relation to the Code, history can be divided into the jus novum. Eastern canon law developed separately. In the twentieth century, canon law was comprehensively codified. On 27 May 1917, Pope Benedict XV codified the 1917 Code of Canon Law. John XIII, together with his intention to call the Second Vatican Council, announced his intention to reform canon law, which culminated in the 1983 Code of Canon Law, promulgated by John Paul II on 25 January 1983. John Paul II brought to a close the long process of codifying the legal elements common to all 23 sui juris Eastern Catholic Churches on 18 October 1990 by promulgating the Code of Canons of the Eastern Churches.
One of the major legal systems developed during the Middle Ages was Islamic jurisprudence. A number of important legal institutions were developed by Islamic jurists during the classical period of Islamic law and jurisprudence
India known as the Republic of India, is a country in South Asia. It is the seventh largest country by area and with more than 1.3 billion people, it is the second most populous country as well as the most populous democracy in the world. Bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, the Bay of Bengal on the southeast, it shares land borders with Pakistan to the west. In the Indian Ocean, India is in the vicinity of Sri Lanka and the Maldives, while its Andaman and Nicobar Islands share a maritime border with Thailand and Indonesia; the Indian subcontinent was home to the urban Indus Valley Civilisation of the 3rd millennium BCE. In the following millennium, the oldest scriptures associated with Hinduism began to be composed. Social stratification, based on caste, emerged in the first millennium BCE, Buddhism and Jainism arose. Early political consolidations took place under the Gupta empires. In the medieval era, Zoroastrianism and Islam arrived, Sikhism emerged, all adding to the region's diverse culture.
Much of the north fell to the Delhi Sultanate. The economy expanded in the 17th century in the Mughal Empire. In the mid-18th century, the subcontinent came under British East India Company rule, in the mid-19th under British Crown rule. A nationalist movement emerged in the late 19th century, which under Mahatma Gandhi, was noted for nonviolent resistance and led to India's independence in 1947. In 2017, the Indian economy was the world's sixth largest by nominal GDP and third largest by purchasing power parity. Following market-based economic reforms in 1991, India became one of the fastest-growing major economies and is considered a newly industrialised country. However, it continues to face the challenges of poverty, corruption and inadequate public healthcare. A nuclear weapons state and regional power, it has the second largest standing army in the world and ranks fifth in military expenditure among nations. India is a federal republic governed under a parliamentary system and consists of 29 states and 7 union territories.
A pluralistic and multi-ethnic society, it is home to a diversity of wildlife in a variety of protected habitats. The name India is derived from Indus, which originates from the Old Persian word Hindush, equivalent to the Sanskrit word Sindhu, the historical local appellation for the Indus River; the ancient Greeks referred to the Indians as Indoi, which translates as "The people of the Indus". The geographical term Bharat, recognised by the Constitution of India as an official name for the country, is used by many Indian languages in its variations, it is a modernisation of the historical name Bharatavarsha, which traditionally referred to the Indian subcontinent and gained increasing currency from the mid-19th century as a native name for India. Hindustan is a Middle Persian name for India, it was introduced into India by the Mughals and used since then. Its meaning varied, referring to a region that encompassed northern India and Pakistan or India in its entirety; the name may refer to either the northern part of India or the entire country.
The earliest known human remains in South Asia date to about 30,000 years ago. Nearly contemporaneous human rock art sites have been found in many parts of the Indian subcontinent, including at the Bhimbetka rock shelters in Madhya Pradesh. After 6500 BCE, evidence for domestication of food crops and animals, construction of permanent structures, storage of agricultural surplus, appeared in Mehrgarh and other sites in what is now Balochistan; these developed into the Indus Valley Civilisation, the first urban culture in South Asia, which flourished during 2500–1900 BCE in what is now Pakistan and western India. Centred around cities such as Mohenjo-daro, Harappa and Kalibangan, relying on varied forms of subsistence, the civilization engaged robustly in crafts production and wide-ranging trade. During the period 2000–500 BCE, many regions of the subcontinent transitioned from the Chalcolithic cultures to the Iron Age ones; the Vedas, the oldest scriptures associated with Hinduism, were composed during this period, historians have analysed these to posit a Vedic culture in the Punjab region and the upper Gangetic Plain.
Most historians consider this period to have encompassed several waves of Indo-Aryan migration into the subcontinent from the north-west. The caste system, which created a hierarchy of priests and free peasants, but which excluded indigenous peoples by labeling their occupations impure, arose during this period. On the Deccan Plateau, archaeological evidence from this period suggests the existence of a chiefdom stage of political organisation. In South India, a progression to sedentary life is indicated by the large number of megalithic monuments dating from this period, as well as by nearby traces of agriculture, irrigation tanks, craft traditions. In the late Vedic period, around the 6th century BCE, the small states and chiefdoms of the Ganges Plain and the north-western regions had consolidated into 16 major oligarchies and monarchies that were known as the mahajanapadas; the emerging urbanisation gave rise to non-Vedic religious movements, two of which became independent religions. Jainism came into prominence during the life of Mahavira.
Buddhism, based on the teachings of Gautama Buddha, attracted followers from all social classes excepting the middle
Fordham University School of Law
Fordham University School of Law is a professional graduate school of Fordham University. The school is located in the borough of Manhattan in New York City, is one of eight ABA-approved law schools in that city. In 2013, 91% of the law school's first-time test takers passed the bar exam, placing the law schools' graduates as fifth-best at passing the New York bar exam among New York's 15 law schools. According to Fordham University School of Law's 2014 ABA-required disclosures, 67.8% of the Class of 2014 obtained full-time, long-term, JD-required employment nine months after graduation. The 2018 Academic Ranking of World Universities ranked Fordham Law School as 27th best in the world. According to the information reported to the American Bar Association, 1,151 J. D. students attended Fordham Law in 2015-2016. There are 195 part-time students. Fordham Law offers Master of Laws degrees in the following specializations: Banking, Corporate, & Finance Law. S. Law. LL. M. Students can take a second concentration after finishing the first one by enrolling in a third semester.
Fordham University offers a "3-3 Program" that allows students to earn a Bachelor of Arts or Bachelor of Science and a Juris Doctor in six years of study: three at Fordham College and three at Fordham Law. Fordham Law offers three joint degrees in conjunction with Fordham University's other graduate schools: J. D./M. A. in International Political Economy and Development. D./M. B. A.. D./M. S. W.. The School offers a Master of Studies in Law degree with specializations in Corporate Compliance and Fashion Law, as well as a Doctor of Juridical Science degree, full-time, research-based and culminates in a dissertation of at least 50,000 words. Founded in 1905, Fordham Law commemorated its Centennial during the 2005-2006 academic year, capped the year-long celebration with an alumni gala on Ellis Island on September 28, the school's official birthday; the school used the occasion of its Centennial to launch a new fundraising drive in 2005, in just one year had raised more than $10 million thanks in large part to the more than 100 "Centennial Founders" who each contributed $100,000 or more.
The current dean of Fordham Law School is Matthew Diller. In the 2016 edition of U. S. News & World Report's "Best Graduate Schools," Fordham Law was ranked 34th, it has the highest ranked part-time law program in New York state Additionally, five specialty programs were nationally ranked: Dispute Resolution, 13th. According to the American Universities Admission Program's LL. M Rankings, the Fordham Law LL. M program was ranked 6th nationally in 2012. According to The National Law Journal, Fordham Law ranks 20th in percentage of class of 2014 graduates hired by "NLJ 250" firms and 23rd in the number of alumni promoted to partner. In 2015, 85.2% of the law school's first-time test takers passed the bar exam, placing the law school graduates as fourth-most successful New York State bar exam takers among New York's 15 law schools. In a national study of the scholarly impact of law school faculty, Fordham Law’s tenured professors were tied for 35th; the study looks at citations of faculty articles from 2010 through 2014.
In a survey conducted by Vault in 2017, Fordham Law comes 8th in terms of big law placement and 9th when class size was factored in. Located in New York's downtown Financial District, Fordham Law is located on the West Side of Manhattan, as part of Fordham University's Lincoln Center campus; as part of the university's Lincoln Center Master Plan, unveiled in 2005, a new law school building was built. The building took three years to complete, following the groundbreaking on May 2, 2011; the new law school building is part of the university's Phase 1 redevelopment of its Lincoln Center Campus. The 22-story building was designed by Pei Cobb Freed & Partners to serve a dual-purpose for Fordham University: a nine-story pedestal houses the law school, a 12-story tower serves as an undergraduate residence hall; the law school portion of the building was dedicated on September 18, 2014. Former New York City mayor Michael R. Bloomberg delivered the keynote address and U. S. Supreme Court Associate Justice Sonia Sotomayor gave a speech before presiding over the ribbon-cutting ceremony.
Fordham offers an extensive legal writing program, with many course offerings beyond the first year. All legal writing courses are taught by adjunct professors; the Clinical education program at Fordham Law is ranked 22nd nationally by U. S. News & World Report in its 2016 edition of America's Best Graduate Schools. At Fordham, clinical education is available but not required. Students are selected for clinics via a competitive application process. Fordham students have an opportunity to enroll in clinics following their first year, after taking the Fundamental Lawyering Skills course. 17 clinics are offered: Fordham's clinics represent clients as "Lincoln Square Legal Services," a small law firm housed within the school. The Crowley Program in International Human Rights, named after the late Professor Joseph R. Crowley, was founded in 1997, it is a program of study in international human rights law undertaken in the 2L year, culminating in a two-week overseas fact-finding mission in the summer.
Students in the program are known as Crowley Scholars. The Leitner Center for International Law a
In law, common law is that body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of "common law" is. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision. If, the court finds that the current dispute is fundamentally distinct from all previous cases, legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue; the court states an opinion that gives reasons for the decision, those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, regulations which are promulgated by the executive branch.
Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. The common law—so named because it was "common" to all the king's courts across England—originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066; the British Empire spread the English legal system to its historical colonies, many of which retain the common law system today. These "common law systems" are legal systems that give great precedential weight to common law, to the style of reasoning inherited from the English legal system. Today, one-third of the world's population lives in common law jurisdictions or in systems mixed with civil law, including Antigua and Barbuda, Bahamas, Barbados, Botswana, Cameroon, Cyprus, Fiji, Grenada, Hong Kong, Ireland, Jamaica, Liberia, Malta, Marshall Islands, Namibia, New Zealand, Pakistan, Papua New Guinea, Sierra Leone, South Africa, Sri Lanka and Tobago, the United Kingdom, the United States, Zimbabwe.
Some of these countries have variants on common law systems. The term common law has many connotations; the first three set out here are the most-common usages within the legal community. Other connotations from past centuries are sometimes seen and are sometimes heard in everyday speech; the first definition of "common law" given in Black's Law Dictionary, 10th edition, 2014, is "The body of law derived from judicial decisions, rather than from statutes or constitutions. This usage is given as the first definition in modern legal dictionaries, is characterized as the “most common” usage among legal professionals, is the usage seen in decisions of courts. In this connotation, "common law" distinguishes the authority. For example, the law in most Anglo-American jurisdictions includes "statutory law" enacted by a legislature, "regulatory law" or “delegated legislation” promulgated by executive branch agencies pursuant to delegation of rule-making authority from the legislature, common law or "case law", i.e. decisions issued by courts.
This first connotation can be further differentiated into pure common law arising from the traditional and inherent authority of courts to define what the law is in the absence of an underlying statute or regulation. Examples include most criminal law and procedural law before the 20th century, today, most contract law and the law of torts. Interstitial common law court decisions that analyze and determine the fine boundaries and distinctions in law promulgated by other bodies; this body of common law, sometimes called "interstitial common law", includes judicial interpretation of the Constitution, of legislative statutes, of agency regulations, the application of law to specific facts. Publication of decisions, indexing, is essential to the development of common law, thus governments and private publishers publish law reports. While all decisions in common law jurisdictions are precedent, some become "leading cases" or "landmark decisions" that are cited often. Black's Law Dictionary 10th Ed. definition 2, differentiates "common law" jurisdictions and legal systems from "civil law" or "code" jurisdictions.
Common law systems place great weight on court decisions, which are considered "law" with the same force of law as statutes—for nearly a millennium, common law courts have had the authority to make law where no legislative statute exists, statutes mean what courts interpret them to mean. By contrast, in civil law jurisdictions, courts lack authority to act. Civil law judges tend to give less weight to judicial precedent, which means that a