This article is about the legal term. For professional organizations of lawyers, see bar association. For other uses, see bar (disambiguation).
In law, the bar is the legal profession as an institution. The term is a metonym for the line (or "bar") that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers.
In this courtroom in Worcester, Massachusetts (United States), the bar is represented by a physical barrier (with swinging gate doors), separating the benches reserved for spectators from the judge's bench and lawyers' tables
In the United Kingdom, the term "the Bar" refers only to the professional organisation for barristers (referred to in Scotland as advocates); the other type of UK lawyer, solicitors, have their own body, the Law Society. Correspondingly, being "called to the Bar" refers to admission to the profession of barristers, not solicitors.
The wooden bar in front of the magistrate's bench in an 18th-century outdoor courtroom in Belgium
The origin of the term bar is from the barring furniture dividing a medieval European courtroom.[citation needed] In the US, Europe and many other countries referring to the law traditions of Europe, the area in front of the barrage is restricted to participants in the trial: the judge or judges, other court officials, the jury (if any), the lawyers for each party, the parties to the case, and witnesses giving testimony. The area behind the bar is open to the public.[1] This restriction is enforced in nearly all courts. In most courts, the bar is represented by a physical partition: a railing or barrier that serves as a bar.[2]
License and certification
The bar may also refer to the qualifying procedure by which a lawyer is licensed to practice law in a given jurisdiction.
In the United States, this procedure is administered by the individual U.S. states. In general, a candidate must graduate from a qualified law school and pass a written test: the bar examination. Almost all states use the Multistate Bar Examination (MBE), a multiple-choice exam administered on one day of a two- or three-day test, and an increasing number use the Uniform Bar Examination, which includes the MBE. In either case, on days during which the MBE is not administered, the bar exam may include questions related to that state's laws. The candidate is then admitted to the bar. A lawyer whose license to practice law is revoked is said to be disbarred.
Admission to practice before the patent section of the United States Patent and Trademark Office (USPTO) requires that the individual pass a separate, single-day examination administered by that agency. This test is typically referred to as the "patent bar", although the word "bar" does not appear in the test's official name.
Unlike the general bar examination, for which graduation from a recognized law school is a prerequisite, the USPTO exam does not require that the candidate have taken any law school courses. Instead, the main prerequisite is a science or engineering background, most often met with a bachelor's degree in a relevant field. Individuals who pass the examination are referred to as "patent attorneys" if they have an active law license from any U.S. jurisdiction, and "patent agents" otherwise. Attorneys and agents have the same license to represent clients before the patent section of the USPTO, and both may issue patentability opinions. However, any other patent-related practice (such as licensing or infringement litigation) can only be performed by licensed attorneys—who do not necessarily have to be USPTO-licensed.
The bar commonly refers to the legal profession as a whole. With a modifier, it may refer to a branch or division of the profession: as, for instance, the tort bar—lawyers who specialize in filing civil suits for damages.
In conjunction with bench, bar may differentiate lawyers who represent clients (the bar) from judges or members of a judiciary (the bench). In this sense, the bar advocates and the bench adjudicates. Yet, in some countries, judges who previously worked as lawyers representing clients commonly remain members of the bar and lawyers are commonly referenced as Officers of the Court.
The phrase bench and bar denotes all judges and lawyers collectively.[2]
^ Garner, Bryan, ed. (2004). Black's Law Dictionary, Eighth Ed. St. Paul, MN: West Publishing. pp. 157–8. ISBN0-314-15199-0. {{cite book}}: |first= has generic name (help)
^ ab Walker, David (1980). Oxford Companion to Law. Oxford University Press. pp. 112, 123. ISBN0-19-866110-X.
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This article is about the legal term For professional organizations of lawyers see bar association For other uses see bar disambiguation In law the bar is the legal profession as an institution The term is a metonym for the line or bar that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers In this courtroom in Worcester Massachusetts United States the bar is represented by a physical barrier with swinging gate doors separating the benches reserved for spectators from the judge s bench and lawyers tables In the United Kingdom the term the Bar refers only to the professional organisation for barristers referred to in Scotland as advocates the other type of UK lawyer solicitors have their own body the Law Society Correspondingly being called to the Bar refers to admission to the profession of barristers not solicitors Contents 1 Courtroom division 2 License and certification 2 1 U S procedure 2 1 1 U S patent procedure 2 2 British procedure 3 The legal profession 4 See also 5 References 6 External linksCourtroom division Edit The wooden bar in front of the magistrate s bench in an 18th century outdoor courtroom in Belgium The origin of the term bar is from the barring furniture dividing a medieval European courtroom citation needed In the US Europe and many other countries referring to the law traditions of Europe the area in front of the barrage is restricted to participants in the trial the judge or judges other court officials the jury if any the lawyers for each party the parties to the case and witnesses giving testimony The area behind the bar is open to the public 1 This restriction is enforced in nearly all courts In most courts the bar is represented by a physical partition a railing or barrier that serves as a bar 2 License and certification EditThe bar may also refer to the qualifying procedure by which a lawyer is licensed to practice law in a given jurisdiction U S procedure Edit Main article Admission to the bar in the United States In the United States this procedure is administered by the individual U S states In general a candidate must graduate from a qualified law school and pass a written test the bar examination Almost all states use the Multistate Bar Examination MBE a multiple choice exam administered on one day of a two or three day test and an increasing number use the Uniform Bar Examination which includes the MBE In either case on days during which the MBE is not administered the bar exam may include questions related to that state s laws The candidate is then admitted to the bar A lawyer whose license to practice law is revoked is said to be disbarred U S patent procedure Edit Main article USPTO registration examination Admission to practice before the patent section of the United States Patent and Trademark Office USPTO requires that the individual pass a separate single day examination administered by that agency This test is typically referred to as the patent bar although the word bar does not appear in the test s official name Unlike the general bar examination for which graduation from a recognized law school is a prerequisite the USPTO exam does not require that the candidate have taken any law school courses Instead the main prerequisite is a science or engineering background most often met with a bachelor s degree in a relevant field Individuals who pass the examination are referred to as patent attorneys if they have an active law license from any U S jurisdiction and patent agents otherwise Attorneys and agents have the same license to represent clients before the patent section of the USPTO and both may issue patentability opinions However any other patent related practice such as licensing or infringement litigation can only be performed by licensed attorneys who do not necessarily have to be USPTO licensed British procedure Edit Main article Call to the bar In the United Kingdom the practice of law is divided between barristers referred to in Scotland as advocates and solicitors It is usually the former who appear in an advocacy role before the court When a lawyer becomes an advocate or barrister he she is called to the bar In the UK the bar is differentiated between the inner bar for King s counsel and the outer bar for Junior barristers The legal profession EditThe bar commonly refers to the legal profession as a whole With a modifier it may refer to a branch or division of the profession as for instance the tort bar lawyers who specialize in filing civil suits for damages In conjunction with bench bar may differentiate lawyers who represent clients the bar from judges or members of a judiciary the bench In this sense the bar advocates and the bench adjudicates Yet in some countries judges who previously worked as lawyers representing clients commonly remain members of the bar and lawyers are commonly referenced as Officers of the Court The phrase bench and bar denotes all judges and lawyers collectively 2 See also EditAdmission to practise law Admission to the bar in the United States Bar Association Bench law Call to the bar CourtroomReferences Edit Garner Bryan ed 2004 Black s Law Dictionary Eighth Ed St Paul MN West Publishing pp 157 8 ISBN 0 314 15199 0 a href Template Cite book html title Template Cite book cite book a first has generic name help a b Walker David 1980 Oxford Companion to Law Oxford University Press pp 112 123 ISBN 0 19 866110 X External links Edit Wikisource has the text of the 1911 Encyclopaedia Britannica article Bar The Importance of Bar amp Bench relationship available at learningthelaw in Retrieved from https en wikipedia org w index php title Bar law amp oldid 1142546043, wikipedia, wiki, book, books, library,
