What is a jurist?
Jurist
A jurist (from medieval Latin) is someone who researches and studies jurisprudence (theory of law). Such a person can work as an academic, legal writer or law lecturer. In the United Kingdom, Australia, New Zealand, South Africa, and in many other Commonwealth countries, the word "jurist" sometimes refers to a barrister, whereas in the United States of America and Canada it often refers to a judge.
Criminal justice
The courts serve as the venue where disputes are then settled and justice is administered. With regard to criminal justice, there are a number of critical people in any court setting. These critical people are referred to as the courtroom work group and include both professional and non professional individuals. These include the judge, prosecutor, and the defense attorney. The judge, or magistrate, is a person, elected or appointed, who is knowledgeable in the law, and whose function is to objectively administer the legal proceedings and offer a final decision to dispose of a case.
Judiciary of England and Wales
District judge is the title given to two different categories of judges. One group of district judges sit in the county courts and have jurisdiction in High Court cases, having previously been known as registrars until the Courts and Legal Services Act 1990. The other group sit in the magistrates' courts and were formerly known as stipendiary magistrates until the Access to Justice Act 1999. Members of this latter group are more formally known as "district judge (magistrates' courts)" (see the Courts Act 2003). Judges in both groups are addressed as "Sir" or "Madam". In law reports, referred to as "DJ Smith".
Diplom-Jurist
The "Diplom-Jurist" does not give the holder the right to work as, for instance, a fully qualified attorney ("Rechtsanwalt") or a judge. The German legal education system requires examinees of the First State Examination to pass a two-year practical training period ("Referendariat"), at the end of which candidates sit the Second State Examination which, if passed, admits successful participants to the bar. As such, the "Diplom-Jurist" is a step towards qualifying as a lawyer, judge or prosecutor. Aside from that, the degree "Diplom-Jurist" is an academic degree in his own right.
However, holders of the "Diplom-Jurist" degree may, of course, work as lawyers in unregulated legal professions where admittance to the bar is not required (e.g. in-house counsel).
Advocate
The Nordic countries have a united legal profession, which means that they do not draw a distinction between lawyers who plead in court and those who do not. To get an official recognition with an advocates title, the candidate must have a legal degree, that is, completed ca. 5–6 years of legal studies from an accredited university in his or own country, and in addition have worked for some time (around 2 – 5 years) under the auspices of a qualified advocate and have some experience from court. When qualified, the candidate may obtain a license as an "advocate", the equivalent of being called to the bar. In all the Scandinavian languages the title is "advokat"; in Finland "advokat" is the Swedish title for such a qualified lawyer, with the equivalent title in Finnish being "asianajaja".
University of Pittsburgh School of Law
JURIST is the world's only law school-based comprehensive legal news and research service. Its professionally trained staff of law faculty and law students report and research the latest legal developments in real time for members of the legal community and the public at large. JURIST covers legal news stories based on their substantive importance rather than on their mass-market or commercial appeal.
Notary public
A notary, in almost all common law jurisdictions other than most of North America, is a practitioner trained in the drafting and execution of legal documents. Notaries traditionally recorded matters of judicial importance as well as private transactions or events where an officially authenticated record or a document drawn up with professional skill or knowledge was required. The functions of notaries specifically include the preparation of certain types of documents (including international contracts, deeds, wills, and powers of attorney) and certification of their due execution, administering of oaths, witnessing affidavits and statutory declarations, certification of copy documents, noting and protesting of bills of exchange, and the preparation of ships' protests.
Judge's associate
In Australia, a judge's associate (not to be confused with a tipstaff) is a recent law graduate or lawyer who performs various duties to assist a specific judge, such as: legal research; proof-reading draft judgments and providing substantive comments to the judge; and administrative duties.
Doctor of Law
JUDr (Juris Utrisque Doctor) is a degree with a tradition of several centuries, originally the highest possible degree. Nowadays, its scholar importancy is quite limited, but it serves as a traditional and popular badge degree, especially useful for attorneys. In older times with no master's degree, JUDr. served as the only law degree (and was roughly equivalent to the today's master's degree, plus a special exam). Requirements for obtaining a JUDr degree are a highly rated Master (Mgr.) degree in law, the compilation of a thesis (including successful defense) and passing an oral exam called "Rigorosum". The thesis itself is also sometimes called "Rigorosum". Many JUDr. theses are based on the students previous Master theses; however, nowadays universities require that the dissertation work is completely new.
Legal education
Law degree – jurist (often compared to an LL.M., but in fact equivalent to the degree of Specialist specific to the Soviet educational system) is awarded in Russia and Ukraine after 5 years of study at a university. Jurist degree may also be awarded in a shorter period of time if a law student has already completed Bachelor or Specialist degree in another field of studies or has previously earned a basic law degree (comparable to Paralegal, an associate degree in U.S.) from a specialized law college. Bachelor jurist degree (equivalent to Bachelor of Laws (LL.B.)) may be earned concurrently with another bachelor's or master's degree in some universities (comparable to a double-major). Note that this fused, one-degree (Specialist) educational scheme has coexisted with the two-degree (bachelor's – master's) scheme since Russia and Ukraine launched their higher education reforms to bring the domestic educational systems in closer compliance with the Bologna accords. See also academic degree. The latest educational reforms created new system where a four-year law program is offered at the universities for earning bachelor's degree, and a five-year law program is offered for master's degree. The degree of Specialist is no longer awarded and is renamed into master's degree.
Juris Doctor
The English legal system is the root of the systems of other common-law countries, such as the United States. Originally, common lawyers in England were trained exclusively in the Inns of Court. Even though it took nearly 150 years since common law education began with Blackstone at Oxford for university education to be part of legal training in England and Wales, the LL.B. eventually became the degree usually taken before becoming a lawyer. In England and Wales the LL.B. is an undergraduate scholarly program and although it (assuming it is a qualifying law degree) fulfills the academic requirements for becoming a lawyer, further vocational and professional training as either a barrister (the Bar Professional Training Course followed by Pupillage) or as a solicitor (the Legal Practice Course followed by a "period of recognised training") is required before becoming licensed in that jurisdiction. The qualifying law degree in most English universities is the LLB although in some, including Oxford and Cambridge, it is the BA in Law. Both of these can be taken with "senior status" in two years by those already holding an undergraduate degree in another discipline. A few universities offer "exempting" degrees, usually integrated master's degrees denominated Master in Law (MLaw), that combine the qualifying law degree with the legal practice course or the bar professional training course in a four-year, undergraduate-entry program.
Practice of law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister, solicitor, or civil law notary. However, there is a substantial amount of overlap between the practice of law and various other professions where clients are represented by agents. These professions include real estate, banking, accounting, and insurance. Moreover, a growing number of legal document assistants (LDAs) are offering services which have traditionally been offered only by lawyers and their employee paralegals. Many documents may now be created by computer-assisted drafting libraries, where the clients are asked a series of questions that are posed by the software in order to construct the legal documents.
The Jurist (journal)
Initially the journal focused largely on issues of Latin church law both in terms of its history, medieval and modern, and contemporary practice. However, within the past few decades since the Second Vatican Council, it has broadened its horizons and audience. For it also explores questions of interest to theologians, Eastern Catholic church lawyers, civil lawyers, diocesan planners and diocesan finance and personnel officials. Recent issues have contained the decisions of the Apostolic Signatura in Latin and English translation.
Judiciary of Germany
A lawyer can only qualify as a defense attorney if they fulfill/possess the so-called '. This translates literally as "aptitude to be a judge", however, the basic meaning is to have successfully completed a study of law at roughly a master's degree level, being finally examined by the state itself ('), and to have served for two years as an associate to different lawyers from each of their most popular occupations (attorney, judge, administrative official, etc.; this is called the '). However, to actually become a judge, besides the ' the expectations include outstanding results in the respective exams, which is not expected for attorneys (but, roughly, is expected for prosecutors and administrative officials).
Legal secretary
In the practice of law in the United States, a legal secretary is person who works in the legal profession, typically assisting lawyers. Legal secretaries help by preparing and filing legal documents, such as appeals or motions. It is not unusual for a larger firm to place managerial duties on a particular legal secretary. Much like a paralegal, a legal secretary is responsible for locating relevant information for cases. This type of person would be called a "paralegal" in the UK.
Juris Doctor
The J.D. is not to be confused with Doctor of Laws or "Legum Doctor" (LLD or LL.D.). In institutions where the latter can be earned, e.g. Cambridge University (where it is titled Doctor of Law, though still retaining the abbreviation LLD) and many other British institutions, it is a higher research doctorate representing a substantial contribution to the field over many years, beyond that required for a PhD and well beyond a taught degree such as the J.D. The LL.D. is invariably an honorary degree in the United States.
Barrister
A barrister, who can be considered as a jurist, is a lawyer who represents a litigant as advocate before a court of appropriate jurisdiction. A barrister speaks in court and presents the case before a judge or jury. In some jurisdictions, a barrister receives additional training in evidence law, ethics, and court practice and procedure. In contrast, a solicitor generally meets with clients, does preparatory and administrative work and provides legal advice. In this role, he or she may draft and review legal documents, interact with the client as necessary, prepare evidence, and generally manage the day-to-day administration of a lawsuit. A solicitor can provide a crucial support role to a barrister when in court, such as managing large volumes of documents in the case or even negotiating a settlement outside the courtroom while the trial continues inside.
Wali (Islamic legal guardian)
In Shia Islam, Islamic Jurists ("faqīh", pl. "fuqahā"') often take on the duty of "wali". Guardianship of the Islamic Jurist, (Persian: ولایت فقیه, "Vilayat-e Faqih"; Arabic: ولاية الفقيه, "Wilayat al-Faqih"), is a doctrine asserting that Islam gives Islamic jurists custodianship over people. (This applies to Shia Islam "in the absence of an infallible Imam", i.e. after the 12th Imam had gone into Occultation in 874 CE.) Prior to the Iranian Revolution this referred to guardianship of non-litigious matters ("al-omour al-hesbiah") including religious endowments (Waqf), judicial matters, and the property for which no specific person is responsible. With the establishment of the Islamic Republic of Iran which institutionalized the teachings of the Ayatollah Ruhollah Khomeini, most references to Guardianship of the Islamic Jurist referred to the idea that a "faqīh" should have guardianship over "all" issues for which Prophet of Islam and Shi'a Imam have responsibility, including how people are governed. This idea of guardianship forms the basis of the Constitution of the Islamic Republic of Iran which calls for a "Vali-ye faqih" (Guardian Jurist), to serve as the Supreme Leader of the government. In the context of Iran, (the only country where this theory is being practiced), Guardianship of the Islamic Jurist is often referred to as "rule by the jurisprudent", "rule of the Islamic jurist", or "Governance of the Jurist".
Global Jurist
Global Jurist is a peer-reviewed journal of legal scholarship. It focuses on comparative law, international law, law and economics, law and development and legal anthropology. Global Jurist favors a critical non-ethnocentric approach. It publishes articles in English Spanish and French.
Global Jurist of the Year Award
The Global Jurist of the Year Award or the Global Jurist Award is a recognition awarded annually by the Center for International Human Rights, an organization housed at the Bluhm Legal Clinic of Northwestern University School of Law. The award recognizes a sitting judge in recognition of that judge’s contribution to the advancement of international human rights law or international criminal law. Special account is taken of those who have shown outstanding dedication to the rule of law and courage in the face of adversity, including personal risk. Jurists from all nations and tribunals are eligible for consideration and nominations are accepted from the public, usually between January and March of the award year, with the final selection of the recipient being made by the faculty of the Center. The prize is presented during a visit by the recipient to Northwestern Law School during fall semester of the award year.
Justice of the peace
A justice of the peace (JP) is a judicial officer of a lower or "puisne" court, elected or appointed by means of a commission (letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are (or were) usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.
Power of attorney
The term "attorney-in-fact" is used in many jurisdictions instead of the term "agent". That term should be distinguished from the term "attorney-at-law". In the United States, an attorney-at-law is a solicitor who is also licensed to be an advocate in a particular jurisdiction. An attorney-in-fact may be a layperson and is authorized to act pursuant to the powers granted by a power of attorney, but may not engage in acts that would constitute the unauthorized practice of law.
Court
The word "jurisdiction" comes from "juris" and "dictio" (a speaking and pronouncing of the law). Jurisdiction is defined as the official authority to make legal decisions and judgements over an individual or materialistic item within a territory.
Law
A judiciary is a number of judges mediating disputes to determine outcome. Most countries have systems of appeal courts, answering up to a supreme legal authority. In the United States, this authority is the Supreme Court; in Australia, the High Court; in the UK, the Supreme Court; in Germany, the "Bundesverfassungsgericht"; and in France, the "Cour de Cassation". For most European countries the European Court of Justice in Luxembourg can overrule national law, when EU law is relevant. The European Court of Human Rights in Strasbourg allows citizens of the Council of Europe member states to bring cases relating to human rights issues before it.
Some countries allow their highest judicial authority to overrule legislation they determine to be unconstitutional. For example, in "Brown v. Board of Education", the United States Supreme Court nullified many state statutes that had established racially segregated schools, finding such statutes to be incompatible with the Fourteenth Amendment to the United States Constitution.
Doctor of Law
The Doctor of Laws ("Doktor der Rechte") is the terminal degree in law, abbreviated as Dr. iur. "(Doctor iuris)" or Dr. jur. "(Doctor juris)". The terminology varies: while most universities refer to the degree as Doctor of Laws ("Doktor der Rechte" (pl.), e.g. Munich, Münster, Berlin (HU), Cologne, Tübingen, Göttingen), some others refer to it either as Doctor of Jurisprudence ("Doktor der Rechtswissenschaft", e.g. Heidelberg, Hamburg) or Doctor of Law ("Doktor des Rechts" (sg.), e.g. Berlin (FU)). It is conferred based on a thesis consisting of a suitable body of original academic research, and an oral examination ("Rigorosum" or "Disputation"). The thesis must have been published as a book or - less common - as a series of articles in a peer reviewed law journal before the degree can be formally conferred. Admission usually requires the grade of "Fully Satisfactory" (approximately top quintile of class) in the student's first "Staatsexamen" (the Master's level first professional degree). Having successfully passed the second "Staatsexamen" (the German equivalent to the bar exam) is not required.
Justiciar
In Medieval England and Scotland the Chief Justiciar (later known simply as the Justiciar) was roughly equivalent to a modern Prime Minister as the monarch's chief minister. Similar positions existed in Continental Europe, particularly in Norman Italy and in the Carolingian empire. The term is the English form of the medieval Latin "justiciarius" or "justitiarius" ("man of justice", i.e. "judge").
Jurat
Jurats now serve until retirement (at 72) as non-professional judges of fact (though not of law). They also determine sentences in criminal matters and assess damages in civil matters. There are twelve Jurats at any one time, who are indirectly elected by an electoral college constituted of States Members and members of the legal profession. The robes of jurats are red with black trim.
Ecclesiastical judge
The official body appointed by the qualified ecclesiastical authority for the administration of justice is called a court () Every such court consists at the least of two sworn officials: the judge who gives the decision, and the clerk of the court (), whose duty is to keep a record of the proceedings and the decision. As a rule, however, an ecclesiastical court forms a collegiate tribunal, the members of which either join with the presiding officer in giving the decision as judges () or merely advise with him as councillors () (cc. xvi, xxi, xxii, xxiii, X, De off. et pot. jud. deleg., I, xxix).
Connected with the courts are advocates, procurators, syndics, defenders, promoters, conservators, apparitors, messengers etc. The procurators and advocates conduct the case as the representatives or defenders of the parties to the suit; the syndic is the counsel of a juridical person, a collegiate body or a chapter. The chief duty of the conservators is to represent the rights of the , i.e. members of orders, the poor, widows, orphans. The fiscal promoter () is appointed by the ecclesiastical authorities to watch over ecclesiastical discipline, consequently in penal cases he appears as public prosecutor. A , or defender of the matrimonial tie, assists in suits concerning the invalidity of a marriage.
Judicial scrivener
In Japan, are authorized to represent their clients in real estate registrations, commercial registrations (e.g. the incorporation of companies), preparation of court documents and filings with legal affairs bureaus. Judicial scriveners may also represent clients in summary courts, arbitration and mediation proceedings, but are not allowed to represent clients in district courts or more advanced stages of litigation. The more familiar term "solicitor" is also sometimes used to refer to them, although the division of responsibilities is not the same as between solicitors and barristers in the English legal system. The term "judicial scrivener", while somewhat archaic in tone, is a fairly accurate literal translation of the Japanese term.
Jurisprudence
One of the earliest legal positivists was Jeremy Bentham. Along with Hume, Bentham was an early and staunch supporter of the utilitarian concept, and was an avid prison reformer, advocate for democracy, and firm atheist. Bentham's views about law and jurisprudence were popularized by his student John Austin. Austin was the first chair of law at the new University of London, from 1829. Austin's utilitarian answer to "what is law?" was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". Contemporary legal positivists, H. L. A. Hart particularly, have long abandoned this view, and have criticised its oversimplification.
Jury
The word "jury" derives from Anglo-Norman "juré" ("sworn"). Juries are most common in common law adversarial-system jurisdictions. In the modern system, juries act as triers of fact, while judges act as triers of law (but see nullification). A trial without a jury (in which both questions of fact and questions of law are decided by a judge) is known as a bench trial.
List of jurists
The following lists are of prominent jurists, including judges, listed in alphabetical order by jurisdiction. Not to be confused with lawyers.
Lawyer
Conveyancing is the drafting of the documents necessary for the transfer of real property, such as deeds and mortgages. In some jurisdictions, all real estate transactions must be carried out by a lawyer (or a solicitor where that distinction still exists). Such a monopoly is quite valuable from the lawyer's point of view; historically, conveyancing accounted for about half of English solicitors' income (though this has since changed), and a 1978 study showed that conveyancing "accounts for as much as 80 percent of solicitor-client contact in New South Wales." In most common law jurisdictions outside of the United States, this monopoly arose from an 1804 law that was introduced by William Pitt the Younger as a "quid pro quo" for the raising of fees on the certification of legal professionals such as barristers, solicitors, attorneys and notaries.
Legalism (theology)
Legalism refers to any doctrine which states salvation comes strictly from adherence to the law. It can be thought of as a works-based religion. Groups in the New Testament said to be falling into this category include the Pharisees, Sadducees, Scribes, Judaizers, and Nicolaitans. They are legalists because they emphasized obeying the Law of Moses, in the case of the Pharisees and Scribes, to the letter without understanding the concept of grace. Jesus condemned their legalism in Matthew 23. The Pharisees love of the praises of men for their strict adherence is said to be a prime example of legalism.
Law clerk
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 often play significant roles in the formation of case law through their influence upon judges' decisions. Judicial clerks should not be confused with legal clerks (also called "law clerks" in Canada), court clerks, or courtroom deputies who only provide secretarial and administrative support to attorneys and/or judges.
Magister Juris
MJur (Magister Juris or Master of Jurisprudence; common abbreviations include MJur, M.Jur., Mag. Jur. and Mag. iur.) is an academic degree in law awarded by some universities.
Diplom-Jurist
Diplom-Jurist (Dipl.-Jur.) is a master's-level law degree awarded by some German universities.
Legist
A Legist, from the Latin "lex" 'law', is any expert or student of law.
Jurisprudence
Utilitarianism is the view that the laws should be crafted so as to produce the best consequences for the greatest number of people. Historically, utilitarian thinking about law has been associated with the philosopher Jeremy Bentham. John Stuart Mill was a pupil of Bentham's and was the torch bearer for utilitarian philosophy throughout the late nineteenth century. In contemporary legal theory, the utilitarian approach is frequently championed by scholars who work in the law and economics tradition.
Juris Doctor
In Japan the J.D. is known as "Homu Hakushi" (法務博士). The program generally lasts three years. Two year J.D. programs for applicants with legal knowledge (mainly undergraduate level law degree holders) are also offered. This curriculum is professionally oriented, but does not provide the education sufficient for a license to practice as an attorney in Japan, as all candidates for a license must have 12 month practical training by the Legal Training and Research Institute after passing the bar examination. Similarly to the US, the Juris Doctor is classed as a "Professional Degree" (専門職) in Japan, which is separate from the "academic" postgraduate sequence of master's degrees and doctorates.
Juris Doctor
In the United States, the professional doctorate in law may be conferred in Latin or in English as "Juris Doctor" (sometimes shown on Latin diplomas in the accusative form "Juris Doctorem") and at some law schools Doctor of Law (J.D. or JD), or Doctor of Jurisprudence (also abbreviated JD or J.D.). "Juris Doctor" literally means "Teacher of Law", while the Latin for "Doctor of Jurisprudence"—"Jurisprudentiae Doctor"—literally means "Teacher of Legal Knowledge".
List of African-American jurists
This list includes individuals self-identified as African Americans who have made prominent contributions to the field of law in the United States, especially as eminent judges or legal scholars. Individuals who may have obtained law degrees or practiced law, but whose reasons for notability are not closely related to that profession, are generally not listed here.
Doctorate
The only professional doctorate in Japan is the Juris Doctor, known as "Hōmu Hakushi" (法務博士) The program generally lasts two or three years. This curriculum is professionally oriented, but unlike in the US the program does not provide education sufficient for a law license. All candidates for a bar license must pass the bar exam ("Shihou shiken"), attend the Legal Training and Research Institute and pass the practical exam ("Nikai Shiken" or "Shihou Shushusei koushi").
Juris Doctor
"The Wall Street Journal" notes specifically in its stylebook that "Lawyers, despite their J.D. degrees, aren't called "doctor", although the title is often used (if preferred) for holders of the Ed.D., D.D.S., D.O., M.D., O.D., and Ph.D. Many other newspapers reserve the title for physicians or do not use titles at all. In 2011, "Mother Jones" published an article claiming that Michele Bachmann was misrepresenting her qualifications by using the "bogus" title Dr. based on her J.D. They later amended the article to note that the use of the title by lawyers "is a (begrudgingly) accepted practice in some states and not in others", although they maintained that it was rarely used as it "suggests that you're a medical doctor or a Ph.D.—and therefore conveys a false level of expertise".
Roman law
No one had a legal obligation to judge a case. The judge had great latitude in the way he conducted the litigation. He considered all the evidence and ruled in the way that seemed just. Because the judge was not a jurist or a legal technician, he often consulted a jurist about the technical aspects of the case, but he was not bound by the jurist's reply. At the end of the litigation, if things were not clear to him, he could refuse to give a judgment, by swearing that it wasn't clear. Also, there was a maximum time to issue a judgment, which depended on some technical issues (type of action, etc.).
Plaintiff
A plaintiff (Π in legal shorthand) is the party who initiates a lawsuit (also known as an "action") before a court. By doing so, the plaintiff seeks a legal remedy; if this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exception being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant", but that term also has other meanings. In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant".
Justices' clerk
A justices' clerk or clerk to the justices is an official of the magistrates' court in England and Wales whose primary role is to provide legal advice to justices of the peace (also known as magistrates).
Legal Advisor
A Legal Advisor is a person who provides legal advice, often in an official capacity. Government officials that qualify as lawyers (jurist) in certain countries can get the title Legal Adviser.
Modern liberalism in the United States
Jurists and the law
Islamic Government: Governance of the Jurist
Khomeini reasons that the term judges must refer to trained jurists ("fuqaha") as they are ""by definition learned in matters pertaining to the function of judge"" (p. 84), and since trained jurists are neither sinful wretches nor prophets, by process of elimination "we deduce from the tradition quoted above that the fuqaha are the legatees." (p. 84) He explains legatees of the prophet have the same power to command Muslims as the Prophet Muhammad and (in Shia Muslim belief) the Imams. Thus, the saying, `The seat you are occupying is filled by someone who is a prophet, the legatee of a prophet, or else a sinful wretch,` demonstrates that Islamic jurists have the power to rule Muslims.
Doctor of both laws
A Doctor of Canon and Civil Law, from the Latin "doctor utriusque juris", or "juris utriusque doctor", or "doctor juris utriusque" ("doctor of both laws") (abbreviations include: JUD, IUD, DUJ, JUDr., DUI, DJU, Dr.iur.utr., Dr.jur.utr., DIU, UJD and UID) is a scholar who has acquired a doctorate in both civil law and church law. The degree was common among Catholic and German scholars of the Middle Ages and early modern times. Today the degree is awarded by the Pontifical Lateran University after a period of six years of study, by the University of Würzburg, and by the University of Fribourg.
Lawyer
Several countries that originally had two or more legal professions have since "fused" or "united" their professions into a single type of lawyer. Most countries in this category are common law countries, though France, a civil law country, merged its jurists in 1990 and 1991 in response to Anglo-American competition. In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below.
List of jurists
"Main article Jurists"
Jurisprudence
Contemporary philosopher of law Ronald Dworkin has advocated a more constructivist theory of jurisprudence that can be characterized as a middle path between natural law theories and positivist theories of general jurisprudence. 
In his book "Law's Empire", Dworkin attacked Hart and the positivists for their refusal to treat law as a moral issue. He argued that law is an "interpretive" concept that requires barristers to find the best-fitting and most just solution to a legal dispute, given their constitutional traditions. According to him, law is not entirely based on social facts, but includes the best moral justification for the institutional facts and practices that we intuitively regard as legal. It follows from Dworkin's view that one cannot know whether a society has a legal system in force, or what any of its laws are, until one knows some truths about the moral justifications of the social and political practices of that society. It is consistent with Dworkin's view—in contrast with the views of legal positivists or legal realists—that in a society may know what its laws are, because no-one may know the best moral justification for its practices.
Attorney at law
Attorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is the preferred term for a practising lawyer in certain jurisdictions, including South Africa (for certain lawyers), Sri Lanka, and the United States. In Canada, it is used only in Quebec. The term has its roots in the verb "to attorn", meaning to transfer one's rights and obligations to another.
Faqeeh
A Faqeeh (plural "Fuqahā", ) is an "Islamic jurist", an expert in fiqh, or Islamic jurisprudence and Islamic Law.
List of master's degrees in North America
Master of Jurisprudence (M.J.) is sometimes used as an alternative name for both Master of Laws and Master of Juridical Science.Offered within United States law schools, students of an M.J. curriculum are often business professionals and/or Juris Doctor degree holders; who wish to enhance their knowledge in a specialized field of law. A Master of Jurisprudence is highly beneficial for those that need an in-depth understanding of the law within current executive level positions.M.J. students are required to develop a comprehensive understanding of the operation of law as it applies to a specified area of law. An M.J. program combines a combination of graduate level legal courses with MBA-style courses in concentrated areas of study. Master of Jurisprudence program offerings include but aren't limited to degrees in Business and Corporate Governance Law, Health Law and Policy, and Child and Family Law.The M.J. program is typically 24 credit hours and can be completed in two years; or longer depending on the law student's enrollment status.l
Judiciary
The judiciary (also known as the judicial system or the court system) is the system of courts that interprets and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets law and applies it to the facts of each case. However, in some countries the judiciary does make common law, setting precedent for other courts to follow. This branch of the state is often tasked with ensuring equal justice under law.
Judge
Unlike many civil law countries; which have some courts on which panels of judges with nearly equal status composed of both legally trained professional judges and lay judges who lack legal training and are not career judges, the United States legal system (like most Anglo-American legal systems) makes a clear distinction between professional judges and laypeople involved in deciding a case who are jurors who are part of a jury. Most but not all US judges have professional credentials as lawyers. Non-lawyer judges in the United States are often elected, and are typically either justices of the peace or part-time judges in rural limited jurisdiction courts. A non-lawyer judge typically has the same rights and responsibilities as a lawyer who is a judge holding the same office and is addressed in the same manner.
Magistrate
In Sri Lanka, a magistrate is a Judicial Officer appointed to preside over a Magistrates' Court to a particular jurisdiction under the "Judicature Act No 02 of 1978". The post was formally known as Police Magistrate when, magistrates' courts were known as police magistrate courts. Magistrates have jurisdiction over the criminal cases filed under the penal code. They carryout first mortem and post mortem examinations; issue search warrants; arrest warrants produce suspected persons; and grant bail. In many cases magistrates preside over primary courts Unofficial magistrates can be appointed from among the senior lawyers of the local bar. There are four types of magistrate;Magistrates are somewhat less common in the United States than in Europe, but the position does exist in some state jurisdictions and in federal courts.
Bernard Hibbitts
Bernard J. Hibbitts is a Canadian lawyer, professor, and publisher currently teaching in the United States at the University of Pittsburgh School of Law. Originally trained as a legal historian whose McLuhanistic early work focused on the historical relationship between law, media and the senses, he wrote a series of controversial articles in the mid-1990s on the future of law reviews and scholarly publishing in the then-just-emerging age of the Internet. He is best known today as the founder and publisher of JURIST, the Webby award-winning online legal news service, established in 1996. He is Chairman of the Board of Directors of JURIST Legal News and Research Services, Inc., a 501(c)(3) non-profit organization.
Supreme Court of Singapore
Persons seeking to become advocates and solicitors must apply to the Supreme Court. An advocate is a lawyer who appears in court on behalf of his or her client, while solicitors traditionally deal with non-contentious legal matters that do not require court appearances. As the legal profession in Singapore is fused, applicants are admitted to the bar as both advocates and solicitors, and may practise as either or both. Admission is in the discretion of the Court and subject to the requirements specified in the Legal Profession Act. The Act specifically provides that no person is disqualified by sex from being admitted and enrolled as an advocate and solicitor. Unless the Chief Justice orders otherwise, applications for admission as an advocate and solicitor are heard on the second Wednesday of each month except during court vacations. The Court generally arranges a "mass call" of advocates and solicitors on the last Saturday of May to cater to the large number of graduates from the Faculty of Law of the National University of Singapore and the School of Law of the Singapore Management University completing their professional training and seeking admission to the bar at this time of year. Where a case is difficult and complex, the Court may admit on an "ad hoc" basis a Queen's Counsel who does not ordinarily reside in Singapore or Malaysia and who has special qualifications or experience to practise as an advocate and solicitor for the purpose of the case. Lawyers practising as advocates and solicitors, other than Queen's Counsel admitted "ad hoc", are required to apply annually to the Registrar of the Supreme Court for a practising certificate.
Roger Cotterrell
He has also sought to re-define relations between jurisprudence and sociology, reformulating the idea of a sociological jurisprudence, and has argued that the role of jurists must be value-oriented rather than merely technical. His writings insist on clearly distinguishing jurisprudence (as the professional theoretical and practical knowledge of jurists) from the currently dominant forms of Anglophone legal philosophy.
Ijtihad
The juristic meaning of ijtihād has several definitions according to scholars of Islamic legal theory. Some define it as the jurist’s action and activity to reach a solution. Al-Ghazālī (d. 505/1111) defines it as the “total expenditure of effort made by a jurist for the purpose of obtaining the religious rulings.” Similarly the ijtihād is defined as “the effort made by the mujtahid in seeking knowledge of the "aḥkām" (rulings) of the sharī‘ah (Islamic canonical law) through interpretation.”
Mufti
A mufti (; ) is an Islamic scholar who interprets and expounds on Islamic law (Sharia and fiqh). Muftis are jurists qualified to give authoritative legal opinions known as fatwas. Historically, they were members of the ulama ranking above qadis.
JURIST
In 2008, JURIST incorporated as a Pennsylvania non-profit and subsequently obtained an IRS determination to be a charitable organization as defined in Section 501(c)(3) of the IRS Code. This change in status allowed JURIST to make several other changes. In 2010, JURIST began the process of transitioning its operations to the new jurist.org domain. In January 2012, JURIST moved its web operations from an aging Windows based server located in the University of Pittsburgh School of Law to its own modern server located at a data center in California. JURIST also began its first online fundraising drive in March 2012, coinciding with the unveiling of a new logo and banner design on its website.
Legal person
A juridical or artificial person (; also juristic person) has a legal name and has certain rights, protections, privileges, responsibilities, and liabilities in law, similar to those of a natural person. The concept of a juridical person is a fundamental legal fiction. It is pertinent to the philosophy of law, as it is essential to laws affecting a corporation (corporations law).
Ethicist
Some jurists have less formal (de facto) backing by an ethical community, e.g. a religious community. In Islamic Law, for instance, such a community following (taqlid) a specific jurisprudence (fiqh) of shariah mimics judgment of a prior jurist. Catholic Canon Law has a similar structure. Such a jurist may be a theologian or simply a prominent teacher. To those outside this tradition, the jurist is simply an ethicist who they may more freely disagree with, and whose input on any issue is advisory. However, they may find it hard to avoid a fatwa or excommunication or other such shunning by the religious community, so it may be hard advice to ignore.
Lawyer
In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries, clerks, and scriveners. These countries do not have "lawyers" in the American sense, insofar as that term refers to a single type of general-purpose legal services provider; rather, their legal professions consist of a large number of different kinds of law-trained persons, known as jurists, some of whom are advocates who are licensed to practice in the courts. It is difficult to formulate accurate generalizations that cover all the countries with multiple legal professions, because each country has traditionally had its own peculiar method of dividing up legal work among all its different types of legal professionals.
Glossary of ancient Roman religion
Ius is the Latin word for justice, right, equity, fairness and all which came to be understood as the sphere of "law". It is defined in the opening words of the Digesta with the words of Celsus as "the art of that which is good and fair" and similarly by Paulus as "that which is always just and fair". The polymath Varro and the jurist Gaius consider the distinction between divine and human "ius" essential but divine order is the source of all laws, whether natural or human, so the pontifex is considered the final judge (iudex) and arbiter. The jurist Ulpian defines jurisprudence as "the knowledge of human and divine affairs, of what is just and unjust".
Assessor (law)
In Germany, "Rechtsassessor" ("assessor of law") is a title held by graduates of law who have passed both the first and the second of the two state exams (finishing law school and a two-year legal clerkship) qualifying for a career in a legal profession such as judge or prosecutor, attorney at law or civil-law notary.
Legal education
In the United States, the primary law degree is a graduate degree known as the Juris Doctor (JD). Students may pursue such a degree only after completing an undergraduate degree, usually a bachelor's degree. The undergraduate degree can be in any field, though most American lawyers hold bachelor's degrees in the humanities and social sciences. American law schools are usually an autonomous entity within a larger university.
Faqeeh
Islamic jurisprudence or fiqh is the human understanding of the Sharia (believed by Muslims to represent divine law as revealed in the Quran and the "Sunnah" (the teachings and practices of the Islamic prophet Muhammad)) —sharia expanded and developed by interpretation ("ijtihad") of the Quran and "Sunnah" by Islamic jurists ("Ulema") and implemented by the rulings ("Fatwa") of jurists on questions presented to them.
Bachelor of Laws
The Bachelor of Laws (; LL.B. or B.L.) is an undergraduate degree in law (or a first professional degree in law, depending on jurisdiction) originating in England and offered in Japan and most common law jurisdictionsexcept the United States and Canadaas the degree which allows a person to become a lawyer. It historically served this purpose in the U.S. as well, but was phased out in the mid-1960s in favor of the Juris Doctor degree, and Canada followed suit.
Lawyers in Poland
In Poland any person holding a Magister's degree in law is called "jurist" or "lawyer" (). The licensed legal professions are as follows:
Ad litem
The term is also sometimes used to refer to a judge who participates in only a particular case or a limited set of cases and does not have the same status as the other judges of the court. Such a jurist is more commonly called a judge "ad hoc". Judges "ad hoc" are particularly common in international courts, and are fewer in number elsewhere.
Jurisprudence
Legal realism was a view popular with some Scandinavian and American writers. Skeptical in tone, it held that the law should be understood as, and would be determined by, the actual practices of courts, law offices, and police stations, rather than as the rules and doctrines set forth in statutes or learned treatises. Legal realism had some affinities with the sociology of law and sociological jurisprudence. The essential tenet of legal realism is that all law is made by human beings and, thus, is subject to human foibles, frailties, and imperfections.
Barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving expert legal opinions. Often, barristers are also recognised as "legal scholars".
Cause lawyer
As coined by experts Stuart Scheingold and Austin Sarat in their work "Something to Believe In: Politics, Professionalism, and Cause Lawyering", cause lawyering consists of "using legal skills to pursue ends and ideals that transcend client service – be those ideals social, cultural, political, economic or indeed, legal". There is no single "correct" way to define what Cause Lawyering is or who is a cause lawyer. Cause lawyering is particularly hard to put limits around because it encompasses so much in the legal world and almost any issue can be considered an issue or cause that is being advocated for, and thereby qualifying as cause lawyering. Cause lawyering does not require a particular political side, but does require a "determination to take sides in political and moral struggle without making distinctions between worthy and unworthy causes".
Notary public (United States)
A jurat is the official written statement by a notary public that he or she has administered and witnessed an oath or affirmation for an oath of office, or on an affidavit - that is, that a person has sworn to or affirmed the truth of information contained in a document, under penalty of perjury, whether that document is a lengthy deposition or a simple statement on an application form. The simplest form of jurat and the oath or affirmation administered by a notary are:
Legal realism
Though many aspects of legal realism are now seen as exaggerated or outdated, most legal theorists would agree that the realists were successful in their central ambition: to refute "formalist" or "mechanical" notions of law and legal reasoning. It is widely accepted today that law is not, and cannot be, an exact science, and that it is important to examine what judges are actually doing in deciding cases, not merely what they say they are doing. As ongoing debates about judicial activism and judicial restraint attest, legal scholars continue to disagree about when, if ever, it is legitimate for judges to "make law," as opposed to merely "following" or "applying" existing law. But few would disagree with the realists' core claim that judges (for good or ill) are often strongly influenced by their political beliefs, their personal values, their individual personalities, and other extra-legal factors.
Guardianship of the Islamic Jurist
According to the constitution of Iran, Islamic republic is defined as a state ruled by Islamic jurists (Fuqaha). In accordance with verse 21/105 of the Koran and on the basis of two principles of the trusteeship and the permanent Imamate, it is counted as a function of jurists. Also it is explained that only those jurists are entitled to rule who are characters like upright, pious and committed experts on Islam.
Also those who are informed of the demands of the Times and known as God-fearing, brave and qualified for leadership. Also they must hold the religious office of source of imitation and be permitted to deliver independent judgments on general principles(fatwas).chapter one of constitution, where fundamental principles are referred, expresses that continual ejtehad by qualified jurist is a principle in Islamic government. Likewise Article 5 expresses that an individual jurist who is endowed with all necessary qualities or a council of jurist, has the right to rule in Islamic republic as long as the twelfth imam of shia remains in occultation. Also article 57 and 110 show the exact meaning of the ruling jurist’s power. According to article 57, the jurist has supervision over three other branches. . According to article 110 this supervisory are as follow:
These powers belongs to the supreme leader as a Vali-e-faqih.
Judiciary
In civil law juridictors at present, judges interpret the law to about the same extent as in common law jurisdictions – however it is different from the common law tradition which directly recognizes the limited power to make law. For instance, in France, the "jurisprudence constante" of the Court of Cassation or the Council of State is equivalent in practice with case law. However, the Louisiana Supreme Court notes the principal difference between the two legal doctrines: a single court decision can provide sufficient foundation for the common law doctrine of "stare decisis", however, "a series of adjudicated cases, all in accord, form the basis for "jurisprudence constante"." Moreover, the Louisiana Court of Appeals has explicitly noted that "jurisprudence constante" is merely a secondary source of law, which cannot be authoritative and does not rise to the level of "stare decisis."Japan's process for selecting judges is longer and more stringent than the process in the United States and in Mexico. Assistant judges are appointed from those who have completed their training at the Legal Training and Research Institute located in Wako. Once appointed, assistant judges still may not qualify to sit alone until they have served for five years, and have been appointed by the Supreme Court of Japan. Judges require ten years of experience in practical affairs, as a public prosecutor or practicing attorney. In the Japanese judicial branch there is the Supreme Court, eight high courts, fifty district courts, fifty family courts, and 438 summary courts.
Doctor of Juridical Science
Doctor of Juridical Science, Doctor of the Science of Law, (in Latin) Scientiae Juridicae Doctor or Juridicae Scientiae Doctor (sometimes also referred to as a Doctor of Laws), abbreviated S.J.D. or J.S.D., respectively, is a research doctorate in law equivalent to the more commonly awarded research doctorate, the Ph.D. It is offered primarily in the United States (where it originated), and in Canada and Australia. As a research doctorate, it follows professional training in law (LL.B. or J.D.) and the first graduate degree in law (Master of Laws). It is primarily aimed at educating professors, legal scientists, and other scholars in law.
Juris Doctor
To become a licensed lawyer, a person must hold the Licenciado en Derecho degree obtainable by four to five years of academic study and final examination. After these undergraduate studies it is possible to obtain a Maestría degree, equivalent to a master's degree. This degree requires two to three years of academic studies. Finally, one can study for an additional three years to obtain the Doctor en Derecho degree, which is a research degree at doctoral level. Since most universities and law schools must have approval from the ministry of education (Secretaría de Educación Pública) through the general office of professions (Direccion General de Profesiones) all of the academic programs are similar throughout the country in public and private law schools.
Lay judge
A lay judge is a person assisting a judge in a trial and as such are sometimes called lay assessors. Lay judges are used in some civil law jurisdictions. Japan began implementing a new lay judge system in 2009. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permanent officers, as they tend proceedings about once a month, and often receive only nominal or "costs covered" pay. Lay judges are usually used when the country does not have juries. Lay judges may be randomly selected for a single trial (like jurors), or politically appointed. In the latter case, they may usually not be rejected by the prosecution, the defense, or the permanent judges. Lay judges are similar to magistrates of England and Wales, but magistrates sit about twice more often.
Attorneys in the United States
The highest law degrees obtainable in the United States are Doctor of Juridical Science ("Scientiae Juridicae Doctor", abbreviated "S.J.D." or "J.S.D.") and a Masters of Laws ("Magister Legum", abbreviated "LL.M.". The S.J.D. is akin to an academic degree that, like the Ph.D., is research-based and requires a dissertation (an original contribution to the academic study of law). The LL.M. is generally earned by completing studies in a particular area of law. For example, most accredited law schools in the United States require basic coursework in Federal Taxation. After earning a J.D., an attorney may seek admission to an LL.M. program in taxation. Earning the LL.M. requires completion of coursework in the area of tax law. There is no requirement for attorneys to complete an LL.M. program to practice law in the United States, and relatively few attorneys hold an LL.M.
Sources of sharia
A lawyer who is qualified to use this source is called a "mujtahid". The founders of the Sunni madhabs (schools of law) were considered such lawyers. All "mujtahid" exercise at the same time the powers of a "mufti" and can give "fatwa". Some "mujtahid" have claimed to be "muj̲addid", or "renewer of religion." Such persons are thought to appear in every century. In Shi'ite Islam they are regarded as the spokespersons of the hidden Imam.
Court
The practical authority given to the court is known as its jurisdiction () – the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone's "Commentaries on the Laws of England," a court is constituted by a minimum of three parties: the "actor" or plaintiff, who complains of an injury done; the "reus" or defendant, who is called upon to make satisfaction for it, and the "judex" or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its officers to apply a legal remedy. It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs, reporters, and perhaps a jury.
List of centenarians (jurists and practitioners of law)
The following is a list of centenarians – specifically, people who became famous as jurists and practitioners of law – known for reasons other than their longevity. For more lists, see lists of centenarians.
Magistrate (England and Wales)
The principal adviser to a bench or benches of magistrates is the justices' clerk, appointed under the Courts Act 2003 by the Lord Chancellor. The justices' clerk will be a qualified solicitor or barrister of at least five years' standing. The vast majority of magistrates' courts are taken by the justices' clerk's assistants who are known as magistrates' clerks, court clerks or legal advisers. Their primary role is to provide legal advice to magistrates in the court room and in their retiring room, as well as assisting in the administration of the court business. The clerk's duty is to guide magistrates on questions of law, practice and procedure. This is set out in the Justices of the Peace Act (1979) s 28(3) which provides:
JURIST
JURIST is owned and operated by JURIST Legal News and Research Services, Inc., a 501(c)(3) non-profit educational organization.
Doctor of Law
In Argentina the Doctor of Laws or Doctor of Juridical Sciences is the highest academic qualification in the field of "Jurisprudence". To obtain the doctoral degree the applicant must have previously achieved, at least the undergraduate degree of Attorney. (Título de Abogado). The doctorates in Jurisprudence in Argentina might have different denominations as is described as follow:In Brazil, the Doctor of Laws degree, known in Portuguese as Doutor em Direito or Doutor em Ciências Jurídicas, is the highest academic degree in law available.
Roman law
The jurists also produced all kinds of legal punishments. Around AD 130 the jurist Salvius Iulianus drafted a standard form of the praetor's edict, which was used by all praetors from that time onwards. This edict contained detailed descriptions of all cases, in which the praetor would allow a legal action and in which he would grant a defense. The standard edict thus functioned like a comprehensive law code, even though it did not formally have the force of law. It indicated the requirements for a successful legal claim. The edict therefore became the basis for extensive legal commentaries by later classical jurists like Paulus and Ulpian. The new concepts and legal institutions developed by pre-classical and classical jurists are too numerous to mention here. Only a few examples are given here:
Lawyer
In many civil law countries, prosecutors are trained and employed as part of the judiciary; they are law-trained jurists, but may not necessarily be lawyers in the sense that the word is used in the common law world. In common law countries, prosecutors are usually lawyers holding regular licenses who simply happen to work for the government office that files criminal charges against suspects. Criminal defense lawyers specialize in the defense of those charged with any crimes.
Bar examination
To become a lawyer in Germany, one has to study law at university for four or five years. Then, one has to pass the First Juristic Examination (Erste Juristische Prüfung) in Law, which is administered in parts by the ministry of justice of the respective state and in parts by the university the person attends; the state part accounts for two thirds of the final grade, the university part for one third. This examination provides a very limited qualification, as there are no formal careers in the legal field that can be followed without further training. After the first juristic examination, candidates that wish to fully qualify must participate in a two-year practical training period (Referendariat) including practical work as judge, prosecutor, and attorney. At the end of this training, candidates must take and pass the Second State Examination (Zweites Staatsexamen) . This examination, if passed, allows successful participants to enter the bar as attorney, to become judges and to become state attorneys. All careers have the same legal training (Einheitsjurist), even though some careers require additional training (namely public notaries and patent lawyers).
Doctor of Law
Doctor of Law or Doctor of Laws is a degree in law. The application of the term varies from country to country, and includes degrees such as the Doctor of Juridical Science (J.S.D. or S.J.D), Doctor juris (Dr. iur. or Dr. jur.), Doctor of Philosophy (Ph.D.), Juris Doctor (J.D.), and Legum Doctor (LL.D.).
Dikastes
Dikastes (, pl. δικασταί) was a legal office in ancient Greece that signified, in the broadest sense, a judge or juror, but more particularly denotes the Attic functionary of the democratic period, who, with his colleagues, was constitutionally empowered to try to pass judgment upon all causes and questions that the laws and customs of his country found to warrant judicial investigation.
John Austin (legal philosopher)
Austin’s goal was to transform law into a true science. To do this, he believed it was necessary to purge human law of all moralistic notions and to define key legal concepts in strictly empirical terms. Law, according to Austin, is a social fact and reflects relations of power and obedience. This twofold view, that (1) law and morality are separate and (2) that all human-made ("positive") laws can be traced back to human lawmakers, is known as legal positivism. Drawing heavily on the thought of Jeremy Bentham, Austin was the first legal thinker to work out a fully developed positivistic theory of law.
Doctor of Law
In the United States, the most common Doctor of Law degree is the Juris Doctor (or Doctor of Jurisprudence), abbreviated as J.D. It is the professional degree for lawyers, having replaced the Bachelor of Laws in the 20th century after law schools began to require a Bachelor's degree before admission to a J.D. program to study law for three years. A research dissertation is not required for the J.D., but the American Bar Association issued a Council Statement stating that the J.D. should be considered equivalent to the Ph.D. for educational employment purposes. In recent years, some universities also have developed other new interdisciplinary professional doctorates that may combine law and other specialized or applied fields. One example of this is Northeastern University's Doctor of Law and Policy (D.L.P.) degree.
Ad litem
Ad litem (Latin: "for the suit") is a term used in law to refer to the appointment by a court of one party to act in a lawsuit on behalf of another party such as a child or an incapacitated adult, who is deemed incapable of representing himself. An individual who acts in this capacity is generally called a guardian "ad litem" in such legal proceedings; in Scotland, curator "ad litem" is the equivalent term. This term is no longer used in England and Wales since the amendment of the Children Act 1989, which established the role of children's guardian instead. (More precisely, the term "guardian "ad litem"" is still used in Private Law proceedings under rule 9.5 but only there.) The United States legal system, which at its inception was based on the English legal system, continues to use the terms "guardian "ad litem"" and "attorney "ad litem.""