A. Introduction

Despite never-ending discussion and innumerable reforms, the German system of legal education still has as its objective the so-called Einheitsjurist. This being a German specialty, it is almost impossible to find an English expression for it. One might try the translation "uniform jurist." To qualify as an Einheitsjurist, every law student must go through the same legal education no matter which of the classical juridical professions he or she wants to pursue. To be admitted to the Bar, the same formal qualification is required as for the admission to the Bench. In both cases you have to pass the "second state exam."

This examination follows a two-year stage of practical legal training (Referendariat or Vorbereitungsdienst), which is organized and paid for by the federal state (Bundesland) in which the training is undertaken. Because Germany is a federal state, all of the 16 Länder (states) have their own laws with regard to their universities, and their own regulations with regard to education and the practical legal training. Nevertheless, there are general principles in the form of federal legislation giving a common legal framework on the issue. The law of the federal states must observe the standards set by federal law and at the same time the freedom of academic teaching and research, which is guaranteed by the constitution. Therefore, strict detailed regulations on university education in law are all but impossible. The federal Law on the Judiciary (Richtergesetz) lays down the outline form of the examination system and each of the federal states provides its own detailed legislation; the differences, however, are related essentially to procedural aspects of examination. Though based on the federal states' system, the organization of the system is roughly similar and not limited to each state. All states recognize each other's examinations as equivalent.

The entrance ticket for the practical legal training is the "first state exam" (Erste Juristische Staatsprüfung), which is taken at the end of University...