Smoke Free/Scent Free Dalhousie - Dalhousie University

Property in its Historical Context: LAWS 1005X/Y.06
The purpose of this class is two-fold: first, to provide a basic
understanding of property concepts and principles in both real and
personal property; second, to provide a sense of the historical
development of the law of property.
This class introduces the student to the concept of property, its evolution,
types and fundamental principles. It illustrates ideas such as possession
and ownership by reference to the law of finders and bailment and to
various transactions in which land or goods are the common
denominators. It also explores the doctrines of aboriginal title and the
principles of real property, including tenure, estates, future interests,
matrimonial property, private and public controls on land use, the registry
system and adverse possession.
NOTE: Students taking this class must register in both X and Y in
consecutive terms; credit will be given only if both are completed
consecutively.
EVALUATION: Written examination in December (with option to count
as 30% of the final mark), and a final examination
Tort Law and Damage Compensation: LAWS 1006X/
Y.06
The major objective of this class is to provide a basic understanding of the
manner in which losses from injuries to personal, proprietary and
economic interests are distributed through tort law. Materials to be
studied include cases, appropriate legislation and doctrinal writings
related to the problems of tort law and damage compensation in a diverse
society.
NOTE: Students taking this class must register in both X and Y in
consecutive terms; credit will be given only if both are completed
consecutively.
EVALUATION: For large-group classes, written examination in December
(with option to count as 30% of the final mark), and a final examination.
For small group classes, the mark is composed of a combination of class
assignments, an oral advocacy exercise, class participation and written
examinations.
B. Second Year Required Classes
Civil Procedure: LAWS 2061X/Y.05
Civil Procedure is a required second-year class, as this course is the major
law school vehicle for teaching procedural law as an essential part of our
legal system. Although the conduct of a Supreme Court action and the
Nova Scotia Civil Procedure Rules serve as the backbone of the course, the
basic issues of procedure are canvassed in sequence: the civil court system,
commencing proceedings, pleading, motions and affidavits, territorial
jurisdiction and convenient forum, standing, limitation of actions, suing
the government, joinder of parties and claims, discovery, dispositions
without trial, trials, orders and enforcement, appeals, costs. The course
concludes by considering improvements in access to civil justice
(including class actions) and reforms to the civil justice system (including
alternative dispute resolution and case management). In addition to
regular classes, students will take part in “workshops,” small groups of
10-12 students instructed by civil litigation practitioners. In the
workshops, the students draft pleadings, documents and briefs and argue
a simulated chambers motion, acting for opposing parties in a
hypothetical case. By this combination of classes and workshops, students
should acquire both a theoretical and practical understanding of
procedure, the civil justice system and the roles of lawyers within that
system.
NOTE: Students taking this class must register in both X and Y in
consecutive terms; credit will be given only if both are completed
consecutively.
EVALUATION: Written examinations, drafting assignments and
workshops.
Compulsory Moot: LAWS 2201X/Y.01
The Second Year Compulsory Moot Programme is a full-year, mandatory
course for all second year students. It is a course which teaches students
written and oral advocacy and is comprised of both a written factum and
an oral advocacy exercise. In the Fall Term, students are required to
prepare and submit an Appeal Court Factum, which must adhere to
procedural rules as set out in the Law School's Moot Court Manual. In the
Winter Term, students are then required to present an oral moot based on
their written submissions before a Panel of three Court of Appeal Justices.
The Compulsory Moot Course is worth a total of 1 credit hour and is
60 Faculty of Law
evaluated on a pass/fail/honor basis. Students who perform exceptionally
well during their second-year moots may be nominated for the Smith
Shield Mooting Competition, which is held in October of the following
academic year.
Constitutional Law: LAWS 2062X/Y.05
This required 2nd year class concerns itself with three main themes; the
distribution of powers under the Constitution Act 1867, the Canadian
Charter of Rights and Freedoms, and Aboriginal rights. This will follow
from the basic introduction to and foundation for the class laid during first
year by the class in Public Law. The class makes an effort to integrate
division of powers, Charter and Aboriginal rights discussion to highlight
both points of overlap and points of departure. Throughout the class
emphasis will be placed on the roles of the constitution in our
governmental structure and of the courts as its elaborator and guardian,
and on constitutional litigation as a problem-solving process through
which fundamental values are examined.
NOTE: This course may be offered as both a full year course and as a oneterm
course.
EVALUATION: Written final exam with an opportunity for students to
earn partial marks through other components during the term
C. Third Year Required Class
The Legal Profession and Professional
Responsibility: LAWS 2099.02
This required 3rd year class examines various aspects of the nature and
organization of the legal profession in Canada, including its history and
evolution, the legal and ethical responsibilities of lawyers and the
influences of the adversary system on the pursuit of justice. In particular,
the class covers specific ethical rules which affect all lawyers in their
practices and also the wider public protection issues which face the
organized legal profession. The class will be conducted by lectures and
discussions involving the whole class (1 hour per week) and by small
group discussions (1 hour per week). These will include special
presentations, simulations and problem-solving projects. Serious attention
will be given to dilemmas facing lawyers and the legal profession today.
EVALUATION: Based partially on the results of a final examination and
partially on small group attendance
D. Second and Third Year Optional Classes
Aboriginal Peoples: LAWS 2120.03
This class will examine the legal position of Aboriginal peoples within
Canada. The objective of the class is to sensitize students to the unique
legal and policy issues which must be understood and addressed to
effectively represent or otherwise work with Aboriginal peoples. Thus,
course materials will engage jurisprudence and legislation within the
broader nexus of Colonial history, aboriginal conditions and culture, and
government programs and policies. Particular topics may include sources
of law, unique constitutional provisions, the special position of Indian
reserves, the nature of aboriginal title and rights, Indian treaties, fiduciary
obligations, taxation, and self-government/self determination.
EVALUATION: Major paper, reaction papers, and class participation.
Administrative Law: LAWS 2000.04
This class is an advanced study of the public law process. It studies
external controls upon the exercise of statutory authority, primarily
through the vehicle of judicial review. The purpose of the class is to
introduce the student to the general principles of procedural and
substantive judicial review as well as to develop an understanding of the
workings of the administrative process and the role of the subordinate
legislation.
FORMAT: 4 hours per week
EVALUATION: Final written examination with the possibility of an
optional midterm exam, depending on the instructor.
Advanced Legal Research: LAWS 2172.03
This class builds on the research and writing skills acquired in the firstyear
mandatory legal research and writing class. Canadian primary and
secondary sources will be explored in depth. Students will have the
opportunity to acquire the research skills necessary to become proficient in
using legal materials of other jurisdictions e.g. the United States, Great
Britain, the European Union and to explore and become familiar with
international legal materials. Students will have the opportunity to acquire