Gavin Howe
A common law degree is designed for graduates who plan to practise law in common law jurisdictions such as England, Wales, Northern Ireland, Canada, and India. The LLB (Common Law) is a recognised degree in Northern Ireland and provides a foundation for those seeking entry to the legal profession in other jurisdictions. In the UK, the University of Glasgow offers a Common Law LLB degree, which is not accredited by the Law Society of Scotland and is therefore not suitable for applicants who wish to practise law in Scotland. In India, the Common Law Admission Test (CLAT) serves as the centralized national-level entrance test for admissions to 25 out of 27 National Law Universities (NLU). Loyola University New Orleans is one of the few schools in the US that offers curricula in both civil and common law.
| Characteristics | Values |
|---|---|
| Purpose | Designed for graduates who plan to practise law in a jurisdiction beyond Scotland, such as England and Wales, Northern Ireland, Ireland, Canada, India, and Louisiana. |
| Curriculum | Offers intellectual depth and a range of flexible options. |
| Language Study | Integrated part of the degree, with language skills developed in the first two years to prepare for year 3, where students study law in a partner university abroad in French, German, Italian, or Spanish. |
| Degree Types | LLB (Common Law), LLB (Scots Law), Accelerated LLB, and LL.M. |
| Admission Tests | The Common Law Admission Test (CLAT) is a centralized national-level entrance test for admissions to 25 out of 27 National Law Universities in India. |
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What You'll Learn
Common Law LLB vs Scots Law LLB
A Bachelor of Laws (LLB) is an undergraduate law degree offered in most common law countries as the primary law degree. It serves as the first professional qualification for legal practitioners. The LLB curriculum is designed to provide a comprehensive understanding of the legal system and its function, as well as legal research skills and an understanding of the roles and responsibilities of lawyers within society.
In Scotland, the undergraduate LLB is the primary route into the legal profession. The Scots Law LLB is a four-year honours course that prepares students for a career as a lawyer in Scotland. It covers the legal principles and techniques, as well as the legal systems of Scotland, the other parts of the United Kingdom, and the European Union. Students wishing to satisfy the Law Society of Scotland's requirements to become a solicitor must also complete the postgraduate Diploma in Professional Legal Practice.
The Common Law LLB, on the other hand, is designed for graduates who plan to practise law in a jurisdiction beyond Scotland, including England and Wales, Northern Ireland, Canada, or India. The Common Law LLB is a two-year ordinary degree that provides an invaluable foundation in the academic study of law in these jurisdictions. For those intending to become barristers in England and Wales, the Common Law LLB satisfies the Bar Standards Board requirements regarding the academic component of training. After completing the degree, graduates would then undertake the 'vocational stage' of training, which includes a postgraduate Bar course and a period of full-time training for one year ('pupillage').
It is worth noting that Scotland, like England and Wales, is a common law jurisdiction with a mixed legal system that includes elements of civil law. However, the common law of Scotland has distinct historical roots and sources, including the customary laws of the different cultures that inhabited the region and feudal concepts introduced by Scottish Kings. As a result, those with a Scots Law LLB who wish to practise in other jurisdictions may need to take a conversion course or additional courses. For example, to practise in England, a 'conversion course' such as the Graduate Law Diploma (GDL) is required.
Overall, the choice between pursuing a Common Law LLB or a Scots Law LLB depends on the jurisdiction in which an individual intends to practise law. The Common Law LLB is more versatile for those seeking to practise in multiple jurisdictions, while the Scots Law LLB is tailored specifically for those aiming to work within the Scottish legal system.
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Common Law Admission Test (CLAT)
The Common Law Admission Test (CLAT) is a national-level entrance exam for admissions to undergraduate and postgraduate law programmes offered by National Law Universities in India. The CLAT examination gained further prominence in 2023 when, for the first time, Delhi University's Faculty of Law launched its own 5-year Integrated LLB Programme. Students can now gain admission to the programme based on their CLAT scores.
The CLAT examination for a postgraduate course consists of 120 questions and has a 2-hour duration. A negative marking of 0.25 marks is attached to each wrong answer. The undergraduate programme has the same number of questions and time limit. The undergraduate CLAT exam has a minimum educational qualification of Senior Secondary School/Intermediate (10+2) or its equivalent certificate from a recognised board with a minimum of 45% of marks (40% for SC and ST candidates).
The CLAT form provides students with a preference list, which they fill out according to their desired colleges. Students are then allocated colleges based on these preferences and the ranks obtained. The first CLAT was conducted in 2008 by the National Law School of India University. The responsibility of conducting the exam is rotated annually and given to each law college based on seniority.
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Curriculum and languages
The Common Law degree curriculum is designed for graduates who plan to practise law in common law jurisdictions such as England, Wales, Northern Ireland, Canada, India, and beyond. It is not suitable for those who wish to enter the legal profession in Scotland. The Common Law curriculum offers intellectual depth and has a range of flexible options. The University of London's Introduction to English Common Law course covers the history of the common law, the British Constitution, the fundamental constitutional principles underpinning the English Legal System, and the English court system.
The University of Glasgow's Common Law LLB degree is a recognised degree in Northern Ireland and is foundational for those seeking entry to the legal profession in other jurisdictions such as Canada. The University also offers a two-year Ordinary degree for graduates who plan to practise law in a jurisdiction beyond Scotland, as well as an Accelerated LLB degree that allows graduates in other disciplines to obtain a Common Law Ordinary degree in two years.
The University of Glasgow's School of Modern Languages and Cultures offers a range of Pre-sessional courses to meet entry-level requirements. Language study is an integrated part of the degree, with language skills carefully developed during the first two years of study. This prepares students for their third year, where they will study law in a partner university abroad in French, German, Italian, or Spanish.
The London Law Programme at the University of Notre Dame offers a curriculum with a comparative and international focus, informed by the unique context of London as a city and unique legal market. Courses are taught by a premiere global group of academics and practitioners composed of experts based in the United Kingdom and faculty from Notre Dame Law School’s main campus. Students can select from comparative courses such as Comparative Copyright Law, Digital and AI Intellectual Property Law, and EU-focused courses.
The London Curriculum at the University of Notre Dame includes analysis of how comparative law relates to legal history, sociology, and other related disciplines. The course draws examples from English and Welsh, French, German, and other systems, primarily focusing on the principles of private law and the law of tort. Materials are provided in English and the original languages, and no foreign language skills are required.
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Practising law in Scotland
Common law degrees are designed for graduates intending to practise law in common law jurisdictions such as England and Wales, Northern Ireland, Ireland, Canada, and India. The University of Glasgow, for example, offers a Common Law LLB degree that is not suitable for applicants who wish to practise law in Scotland. Instead, applicants with an interest in Scottish law should apply for the Scots Law LLB.
To practise law in Scotland, you must first qualify as a solicitor. There are three possible routes to qualification, depending on your stage: the 'standard route', the 'accelerated route', and the 'requalification route'.
The standard route is the most common path to qualification and is suited to those attending university for the first time. It begins with a four-year law degree (LLB) at one of ten universities in Scotland. An English or Welsh LLB is not accepted in Scotland, nor is the Legal Practice Course. After the LLB, aspiring Scottish solicitors take the 26-week Diploma in Professional Legal Practice (DPLP) or PEAT1, which can be undertaken at six Scottish universities. The DPLP is followed by a two-year traineeship (PEAT2) with a law firm.
The accelerated route is designed for those who already have a degree in another discipline or a law degree from another jurisdiction. This route allows graduates to obtain an LLB in two years instead of four.
The requalification route is for solicitors qualified in another jurisdiction who wish to practise in Scotland. These solicitors can apply to undertake the Qualified Lawyers Assessment (QLA) and may apply for exemptions from certain exams. To sit the QLA, a Certificate of Eligibility is required, which is granted by the Law Society of Scotland. A Level 2 Disclosure Scotland certificate is also necessary and can be obtained by creating a ScotAccount.
It is important to note that, in Scotland, barristers are known as advocates and undergo a different training process. After taking the DPLP, they undergo 21 months of training with a solicitors' firm, followed by nine months of unpaid work as a pupil for a practising advocate, and finally, an exam on oral and written advocacy.
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Accelerated LLB
An Accelerated LLB is a programme that allows graduates in other disciplines to obtain a Common Law Ordinary degree in two years instead of four. This programme is offered by the University of Glasgow. The Common Law degree is designed for graduates who plan to practise law in common law jurisdictions such as England, Wales, Northern Ireland, Ireland, Canada, and India. It is not suitable for those who wish to enter the legal profession in Scotland.
The Accelerated LLB is an option for students who want to complete their studies at an accelerated pace. The programme covers the same core modules as the traditional LLB, but in a condensed format. Students will need to cover some of the core modules at different stages of their degrees, and there may be some timetable clashes. The university endeavours to avoid these clashes or provide alternatives where possible.
The University of Glasgow's Common Law LLB is not accredited by the Law Society of Scotland. Thus, it is not suitable for applicants who wish to have the option of practising law in Scotland. Instead, applicants with this career path should consider the Scots Law LLB.
The Accelerated LLB is a great option for graduates who want to pursue a career in law and need a faster route to their degree. It offers the same intellectual depth and flexibility as the traditional LLB, but in a shorter time frame. This programme is also a good choice for students who want to study law in a common law jurisdiction outside of Scotland.
Other universities, such as NIU and Dominican University, also offer accelerated law degree programs. NIU's program is a six-year integrated course sequence that leads to both an undergraduate degree and a J.D. degree. On the other hand, Dominican University's 3+3 Accelerated Law Program with The University of Illinois Chicago School of Law allows students to obtain a bachelor's degree and a law degree in just six years.
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Frequently asked questions
A Common Law degree is designed for graduates who plan to practise law in common law jurisdictions such as England, Wales, Northern Ireland, Ireland, Canada, and India. It is not suitable for those who wish to practice law in Scotland.
The Common Law Admission Test is a centralised national-level entrance test for admissions to 25 out of 27 National Law Universities (NLU) in India. It was introduced in 2008 and is now a requirement for admissions to all National Law Universities in India.
The University of Glasgow offers a Common Law LLB degree. Loyola University New Orleans is one of the few schools in the US that offers a curriculum in both civil and common law.
