Legal Education in Secondary Schools

-- The first draft of this paper was prepared by YejinJennyHan - 27 Feb 2009

Introduction

My family was involved in a lawsuit several years ago. We were new to America and had absolutely no idea how to seek help. We had the ability to afford an experienced and competent attorney but did not know how to locate one. Neither did our friends and neighbors. Whenever I reflect back on those times, I see a world of darkness, devoid of direction. Our sheer ignorance of the law proved powerful enough to confine us to the barren darkness.

Knowledge of the law is essential in modern day living: it enables people to use the legal system more readily, to modify their behavior so that they do not unknowingly violate the law, and to act with more confidence. Providing legal education in secondary schools will provide a sound starting point to promote understanding of the law within the general public.

Why should we teach the law?

Knowing law, knowing one’s rights, and knowing the structure of the legal system enable one to use the legal system. Because the majority of American citizens are aware of their First Amendment rights, they can readily resort to the legal system when they feel their freedom of speech and religion has been violated. Without the understanding of the First Amendment rights, the ability to seek protection of rights through the legal procedure or even to recognize that a violation of rights has occurred vanishes.

Some may point out the availability of law firms or the vast amount of information on the Internet that people can consult to learn about the law and their rights. However, both alternatives are flawed. Law firms often charge high sums for legal advice. Moreover, researching the complex U.S. legal system, consisting of millions of statutes, codes, acts, and other mediums of law written in profoundly legal language, would overwhelm most people. If a tenant in an apartment complex receives injuries in a dangerously maintained common area and is unaware of his legal rights under tort law, he faces a difficult choice: does he hire an expensive lawyer for legal advice or engage in a resource consuming search for information, potentially fruitlessly, or does he let the matter pass without further expense? Because legal advice is expensive, individuals who are unaware of their rights often let them go unenforced. The capacity to use the legal system stems from the awareness of the rights in the first place.

Secondly, individuals can avoid unknowingly violating the law by learning it. For instance, a property owner unfamiliar with the adverse possession rule loses his property upon return from study abroad due to the expired statute of limitations. Had he learned about the adverse possession rule earlier, he would have behaved differently – such as by leasing the land or returning within the statute of limitations. Good faith ignorance of the law is rarely a valid legal defense, and yet the law places the burden of knowledge on the citizen that is costly and difficult to come by. If individuals are to be governed by the law they should be provided a degree of legal education.

Further, knowledge of the law elevates one’s self-esteem. Our society respects and even admires law, and individuals derive a sense of self-satisfaction from having knowledge about such highly respected system of law. I remember the night of the first official banquet for 1Ls, where I saw proud smiles on the face of each student in an elaborate dress or a sleek suit. I cannot but admit that the prospect of being in law school – that is, becoming a person with such powerful tool as legal knowledge - played a significant factor in putting up those confident looks.

How?

Some people may contend that law is so complex and profound that children will not understand it. Our educational system nevertheless has proven adept at simplifying complex ideas to suit the level of children’s understanding. Today secondary schools teach various subjects including physics, earth sciences, astronomy, etc. – none of which comprises down-to-earth, purely simple concepts. The Bible that many Christian readers find challenging to comprehend has also been repeatedly revised in modern language and for children there have been created Bible cartoons. Law does not substantially differ from physics or biology or the Bible in terms of complexity and profundity. Legal scholars may identify concepts most relevant to daily living and create the curriculum in simple terms. For middle school students, legal cartoons based on the actual stories of cases will induce an enjoyable and unforced learning.

Based on the curriculum designed by scholars, schools can start by hiring law school students as teachers. Appointing law school students will benefit both the school and law students. For law students, the teaching experience will train them to effectively present legal matters in preparation for becoming lawyers. Secondary schools conserve resources by hiring students instead of certified teachers. In the 1970s, William A. Wirt High School in Indiana employed legal educational program taught by local law school students who received credits for participating in the program. The law students noted after participating in the program that they sharpened research, communication, and oral skills. Considering the difficulty of hiring professional instructors with legal educational backgrounds to teach in secondary schools, hiring law students will provide a sound starting point.

Conclusion

When my family was involved in the suit, the opposing family threatened to imprison my family unless an exorbitant amount of damages were paid. Retrospectively, I know that my family bore only slight liability; however at the time, the ignorance of law frustrated us with uncertainty as to where we were heading with the suit, despite the comforting words of our lawyer. Ignorance of the law is like darkness without direction, and everyday, people seek guidance and support in apprehension. Legal education in secondary schools will not only empower individuals to make effective use of the legal system and to behave in compliance with the law but also offer the compass individuals need in order to navigate through legal challenges.

• You might be interested in Jim O'Neill's "Streetlaw" program, which does what you have in mind for eighth graders in our neighborhood using Columbia Law students as teachers.

• I think the essay could be edited more tightly, both at and above the sentence level. You can say what you want to say more economically without depriving it of any force. But I think both the concept and the execution of the essay are good as they stand, so the editorial work needed is not radical in nature.

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