법학교육에서 Leading Case의 의미

Meaning of Leading Case in Legal Education

Under new system for legal education so-called “Law School in Korea, new methods for legal education are demanded. After, this article starts with methods for American legal education, it continues to examine how leading cases play a role for legal education. There are many ways how to teach students in law schools in the United States. “Socratic Method also called “Case Method is well known for American legal education. “Problem Method , “Lecturing , “Seminar , “Clinic Program , “Internship , “Externship and “Lawyering Program are others to educate law school students for their professional careers. Classes in the U.S. law school are roughly classified for legal principles and practices. “Case Method , “Problem Method , “Lecturing , and “Seminar are intended to educate students for legal principles. Clinic Program , “Internship , “Externship and “Lawyering Program are used to do for legal practices. All of these classes are designed to make that students think like a lawyer, act like a lawyer, and look like a lawyer. Especially, classes for legal principles aim that students become to think like a lawyer. Most of law materials and textbooks especially for “Case Method , “Problem Method , “Lecturing , and Seminar are based on cases rather than theoretical explanations. Cases in these law materials and textbooks are called “leading cases . “Leading cases can be classified into two. One is based on common law while the other is on non-common law. It is likely that “leading cases in common law means leading cases in traditional private law such as contracts, torts, and property. On the other hand, it is likely that “leading cases in non-common law indicates “landmark cases in public law such as constitution and criminal procedure. This classification is based on different jurisdiction. “Leading cases are not simply case laws but tools to explain what each legal principle is in a certain context. Teaching and learning “leading cases by Case Method or “Problem Method intend to establish legal mind and to systematize legal principles for students.