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Research and writing is an essential component of graduate legal education in the United States. In addition to shorter papers which are written for seminars, most law schools require some sort of graduate thesis of substantial length. This is the single most time-consuming part of the LL.M. and it is wise to have a topic in mind and work consistently on the paper throughout the semester or semesters in which it is assigned. Students Prepare their graduate thesis for a supervising professor who is available to offer advice. Because the graduate thesis is so central to the LL.M. program, students with a particular research interest would do well to determine if the school has the resources available to facilitate their research. There is perhaps nothing more frustrating than conducting research and discovering the library has either very little material on the subject, or what it has is far out of date. Thankfully, the Internet has simplified international legal research to a significant degree, however, a well-stocked law library with knowledgeable staff makes your job easier. Many LL.M. students revise their thesis and submit them for publication to American law journals.

Final examinations are a necessary evil. In law schools, examinations are generally presented as essay questions, rather than multiple choice tests. A typical law school exam consists of three one-hour questions, each of which sets out a fact pattern and asks specific questions that are to be addressed in an essay. These exams are comprehensive and generally test all the areas covered in the lectures. Some professors permit the students to bring written materials into the examination room and others require the exams to be "closed book," that is, taken without the benefit of any reference materials. The professors will make their policies clear, and failure to abide by the examination rules is considered a violation of the school's honor code — a very serious infraction. Examinations are timed, and while some schools permit additional time for international students whose native language is not English, others do not. Again, the ability to read and write legal English is key to success in American law schools.

Task 8. Part Two - Bar Review Courses and State Bar Examinations

In the United States, admission to the bar is governed by state law. (The American Bar Association is a voluntary professional organization and ABA membership alone does not qualify a person to practice law in an American jurisdiction). There is no "United States" bar exam as such, consequently international students interested in admission to a bar in the United States must determine the rules for the particular state. If you are interested in sitting for a bar exam, you should find out the applicable rules and register early. The registrar at your law school will have information to help this process. The New York bar traditionally is the bar of choice for international LL.M. graduates. Bar exams are typically given twice a year, and the results are not generally available for several months. In addition, a written legal ethics exam may be required.

As incredible as it may seem, even completion of a three year J.D. degree does not fully prepare law graduates to pass a state bar examination, so the overwhelming majority of law students elect to take some sort of bar review course. These bar review courses are not taught like standard law school classes and are designed to provide a great deal of information about different legal topics in a relatively short period of time. You will have an opportunity to register for such courses through representatives at your law school.

Part Three - Preparing for Graduate Study

Graduate legal study in the U.S. is a major step in your professional career. Although it is rewarding, it is by no means easy, and you will be confronted with large quantities of unfamiliar legal material, possibly in a language with which you are not entirely comfortable. To ease the transition, the International Law Institute offers two programs, the Introduction to Legal English course and the Orientation to the U.S. Legal System program. Both courses are taught in the summer and are designed to familiarize the student with legal terms and concepts found in LL.M. classes. (What is "consideration" and why do you need it in a contract? How does the common law function without a Code?).

Even if you are not able to participate in these programs, you can help assure your success as an LL.M. student by reading about American law in English, and by arriving early enough to get comfortable with living in the United States.

II. Government in Britain

Information courtesy of The British Information Services

Task 9. The System of Government

Britain is a parliamentary democracy with a constitutional monarch, Queen Elizabeth II, as head of the State. The British constitution, unlike those of most countries, is not set out in a single document. Instead it is made up of a combination of laws and practices which are not legally enforceable, but which are regarded as vital to the working of government.

The Monarchy

The stability of the British government owes much to the monarchy. Its continuity has been interrupted only once (the republic of 1649-60) in over a thousand years.

Today the Queen is not only the head of State, but also an important symbol of national unity. Her complete official royal title is 'Elizabeth the Second, by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith', but she is usually referred to as Her Royal Highness or Queen Elizabeth.

According to the law the Queen is head of the executive branch of the government, an integral part of the legislature, head of the judiciary, the commander-in-chief of all the armed forces of the Crown and the 'supreme governor' of the established Church of England. While that sounds like a lot of responsibility, the real power of the monarchy has been steadily reduced over the years to the point where the Queen is uninvolved in the day-to-day operation of the government. She is impartial and acts only on the advice of her ministers.

The Queen, Prince Charles and the other members of the royal family take part in traditional ceremonies, visit different parts of Britain and many other countries and are closely involved in the work of many charities.

Parliament

Parliament, Britain's legislature, is made up of the House of Commons, the House of Lords and the Queen in her constitutional role.

The Commons has 651 elected Members of Parliament (MPs), who represent local constituencies. The House of Lords is made up of 1,185 hereditary and life peers and peeresses, and the two archbishops and the 24 most senior bishops of the established Church of England.

The center of parliamentary power is the House of Commons. Limitations on the power of the Lords (it rarely uses it power to delay passage of most laws for a year) is based on the principle that the Lords, as a revising chamber, should complement the Commons and not rival it. Once passed through both Houses, legislation requires the Royal Assent to become law.

Parliament has a number of ways to exert control over the executive branch. Parliamentary committees question ministers and civil servants before preparing reports on matters of public policy and issues can be debated before decisions are reached. However, ultimate power rests in the ability of the House of Commons to force the government to resign by passing a resolution of 'no confidence'. The government must also resign if the House rejects a proposal so vital to its policy that it has made it a matter of confidence. The proceedings of both Houses of Parliament are broadcast on television and radio, sometimes live or more usually in recorded and edited form.

General elections to choose MPs must be held at least every five years. Voting, which is not compulsory, is by secret ballot and is from the age of 18. The simple majority system of voting is used. Candidates are elected if they have more votes than any of the other candidates, although not necessarily an absolute majority over all candidates.

Task 10. Political Party System

The political party system is essential to the working of the constitution. Although the parties are not registered or formally recognized in law, most candidates for election belong to one of the main parties. Since 1945 eight general elections have been won by the Conservative Party and six by the Labor Party. A number of smaller parties have national and local organizations outside Parliament, and are also represented in local government.

The Government is formed by the party with majority support in the Commons. The Queen appoints its leader as Prime Minister. As head of the Government the Prime Minister appoints about 100 ministers. About 20 ministers make up the Cabinet, the senior group making the major policy decisions. Ministers are collectively responsible for government decisions and individually responsible for their own departments. The second largest party forms the official Opposition, with its own leader and 'shadow cabinet'. The Opposition has a duty to challenge government policies and to present an alternative program.

Policies are carried out by government departments and executive agencies staffed by politically neutral civil servants. Over half the Civil Service, about 295,000 civil servants, work in over 75 executive agencies. Agencies perform many of the executive functions of the government, such as the payment of social security benefits and the issuing of passports and drivers' licences. Agencies are headed by chief executives responsible for their performance and who enjoy considerable freedom on financial, pay and personnel matters.

Britain's Legal System

England and Wales, Scotland and Northern Ireland all have their own legal systems, with minor differences in law, organization and practice.

Criminal Justice

Law enforcement is carried out by 52 locally based police departments with about 160,000 police officers. The police are normally unarmed and there are strict limits to police powers of arrest and detention. Firearms must be licensed and their possession is regulated.

In British criminal trials the accused in presumed innocent until proven guilty. Trials are in open court and the accused is represented by a lawyer. Most cases are tried before lay justices sitting without a jury. The more serious cases are tried in the higher courts before a jury of 12 (15 in Scotland) which decides guilt or innocence.

Civil Justice

The civil law of England, Wales and Northern Ireland covers business related to the family, property, contracts and torts (non-contractual wrongful acts suffered by one person at the hands of another). Actions brought to court are usually tried without a jury. Higher courts deal with more complicated civil cases. Most judgements are for sums of money, and the costs of an action are generally paid by the losing party.

Administration of the Law

The Lord Chancellor is the head of the judiciary branch of government. The administration of the law rests with him, the Home Secretary, the Attorney General and the Secretaries of State for Scotland and Northern Ireland. The courts of the United Kingdom are the Queen's Courts, the Crown being the historic source of all judicial power.

Judges are appointed from among practicing lawyers. Barristers or advocates advise on legal problems and present cases in the lay justices' and jury courts. Solicitors represent individual and corporate clients and appear in the lay justices' courts. Lay justices need no legal qualifications but are trained to give them sufficient knowledge of the law.

A person in need of legal council may qualify for public funds assistance.

Task 11. The British Government: How Parliament Works

The Houses of Parliament

Parliament, Britain's legislature, is made up of the House of Commons, the House of Lords and the Queen in her constitutional role. They meet together only on occasions of symbolic importance such as the state opening of parliament, when the Commons are summoned by the Queen to the House of Lords. The agreement of all three elements is normally required for legislation, but that of the Queen is given as a matter of course to Bills sent to her.

Parliament can legislate for Britain as a whole, or for any part of the country. It can also legislate for the Channel Islands and the Isle of Man, which are Crown dependencies and not part of Britain. They have local legislatures which make laws on the island affairs.

As there are no legal restraints imposed by a written constitution, Parliament may legislate as it pleases, subject to Britain's obligations as a member of the European Union. It can make or change any law; and can overturn established conventions or turn them into law. It can even prolong its own life beyond the normal period without consulting the electorate. In practice, however, Parliament does not assert its supremacy in this way. Its members bear in mind the common law and normally act in accordance with precedent. The validity of an Act of Parliament, once passed, cannot be disputed in the law courts. The House of Commons is directly responsible to the electorate, and in this century the House of Lords has recognized the supremacy of the elected chamber. The system of party government helps to ensure that Parliament legislates with its responsibility to the electorate in mind.

The Functions of Parliament

The main functions of Parliament are:

- to pass laws;

- to provide, by voting for taxation, the means of carrying on the work of the government;

- to scrutinize government policy and administration, including proposals for expenditure; and

- to debate the major issues of the day.

In carrying out these functions Parliament helps to bring the relevant facts and issues before the electorate. By custom, Parliament is also informed before all important international treaties and agreements are ratified. The making of treaties is, however, a royal prerogative exercised on the advice of the Government and is not subject to parliamentary approval.

The Meeting of Parliament

A Parliament has a maximum duration of five years, but in practice general elections are usually held before the end of this term. The maximum life has been prolonged by legislation in rare circumstances such as the two world wars. Parliament is dissolved and writs for a general election are ordered by the Queen on the advice of the Prime Minister.

The life of a Parliament is divided into sessons. Each usually lasts for one year - normally beginning and ending in October or November. Ther are 'adjournaments' at night, at weekends, at Christmas, Easter and the late Spring Bank Holiday, and during a long summer break usually starting in late July. The average number of 'sitting' days in a session is about 160 in the House of Commons and about 145 in the House of Lords. At the start of each session the Queen's speech to Parliament outlines the Government's policies and proposed legislative program. Each session is ended by prorogation. Parliament then 'stands prorogued' for about a week until the new session opens.

Public Bills which have not been passed by the end of the session are lost.

Task 12. The House of Lords

The House of Lords consists of:

1) all hereditary peers and peeresses of England, Scotland, Great Britain and the United Kingdom;

2) life peers created to assist the House in its judicial duties (Lords of Appeal or 'law lords');

3) all other life peers; and

4) the Archbiships of Canterbury and York, the Bishops of London, Durham and Winchester, and the 21 senior bishops of the Church of England.

Hereditary peerages carry a right to sit in the House provided holders establish their claim and are aged 21 years or over. However, anyone succeeding to a peerage many, within 12 months of succession, disclaim that peerage for his or her lifetime. Disclaimants lose their right to sit in the House but gain the right to vote and stand as candidates at parliamentary elections. Peerages, both hereditary and life, are created by the Sovereign on the advice of the Prime Minister. They are usually granted in recognition of service in politics or other walks of life or because one of the political parties wishes to have the recipient in the House of Lords. The House also provides a place in Parliament for people who offer useful advice, but do not wish to be involved in party politics. In addition, senior judges are given life peerages as Lords of Appeal.

In mid-1994 there were 1,198 members of the House of Lords, including the two archbishops and 24 bishops. There were 758 hereditary peers who had succeeded to their titles, 15 hereditary peers who had had their titles conferred on them, including the Prince of Wales, and 399 life peers, of whom 21 were 'law lords'. Peers who attend the House - the average daily attendance is some 380 - receive no salary for their parliamentary work, but can claim for expenses incurred in attending the House (for which there are maximum daily rates), and certain travelling expenses.

The House is presided over by the Lord Chancellor, who is ex-officio Speaker of the House.

The House of Commons

The House of Commons consists of 651 Members of Parliament (MPs) directly elected by voters in each of Britain's 651 parliamentary constituencies. At present there are 62 women, three Asian and three black MPs. Of the 651 seats, 524 are for England, 38 for Wales, 72 for Scotland and 17 for Northern Ireland.