NYBAR关于外国人考试资格的要求(摘录):
Rule 520.6 (b) (1)
The foreign-educated applicant must have fulfilled the educational requirements for admission to the practice of law in a foreign country other than the United States. The applicant must have a qualifying degree, which must be a degree in law.
总结为两点:1. practice 本国法的资格;2. 法学学士学位
显然,非法本LLB,在llm毕业之前满足第二条,不满足第一条。llm毕业之后都可满足。但是问题是:申请JULYBAR的资质认可的时间是上一年的十月,即llm开学后一小会,显然此时不符合第一条要求。
其次,还有durational eqivalence,即本科学习时长必须等同于美国JD的法学院学习时间要求:
参见RULE 520.3,其中最有争议的便是83学分要求,下摘:
(i) a minimum of 83 credit hours must be required for graduation, including substantial instruction in substantive and procedural law and professional skills;
(ii) a minimum of 64 of the required 83 credit hours must be earned by attendance in regularly scheduled classroom courses at the law school; and
(iii) a minimum of two credit hours must be earned in a course or courses in professional responsibility.
对于(i):83学分是“毕业”要求,但是“including substantial instruction in substantive and procedural law and professional skills”,即所谓“大量法学专业”的学分要求,又不知如何丈量。