Course Descriptions LAWS 1000X/Y    Contracts and Judicial Decision-Making
This course has two primary objectives: the first is to provide an understanding of the process of development of the common law through judicial decisions; the second is to provide a basic knowledge of the doctrines and precepts of the law governing the making and performance of contracts. As a means of attaining the first objective, the “case method” of teaching is used to enable students to acquire a lawyer-like understanding of such concepts as “stare decisis”, the use of precedent, and the technique of distinguishing. A critical evaluation of judicial law-making is undertaken through an examination of the developing phenomenon of legislative intervention in the field of contract law. In order to fulfil the second objective, substantive rules of contract law are examined.
NOTES: Credit can only be given for this course if X and Y are completed in consecutive terms and partial credit cannot be given for a single term.
ASSESSMENT METHOD: 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, evaluation is by a combination of class assignments, oral advocacy exercise(s) and class participation.

LAWS 1001X/Y    Criminal Justice-The Individual and the State
Relationships among the state, individuals, and communities are considered in the context of Canadian criminal law. The legal rights provisions of the Charter of Rights and Freedoms, selected topics in criminal procedure and the principles of substantive criminal law will be the main focus of this course. The latter concentrates on elements of offences, justifications, excuses, non-exculpatory defenses, inchoate crimes and secondary liability for offences. Teaching is conducted by lecture and discussion of assigned materials including the Criminal Code (which is also used to illustrate methods and problems of statutory interpretation) and a volume of cases and materials. Deferred Course in Criminal Justice: First year students should note that there are a few places available in the intensive Deferred Course in Criminal Justice which replaces the regular full year course. Students who are enrolled in this small group course do not take Criminal Justice during the regular term and must be prepared to extend their academic year for about six weeks, from approximately late April until early June. Students wishing to select this option must apply to the Studies Committee and must provide cogent reasons demonstrating that they would benefit from enrolment in the course. Factors such as mature student status, parenting responsibilities, illness, disability, the need for employment during the regular term and other personal circumstances may be taken into consideration. Students are able to choose from a wide range of evaluative options in this course. Contact Professor Kaiser for further information.
NOTES: Credit can only be given for this course if X and Y are completed in consecutive terms and partial credit cannot be given for a single term.
ASSESSMENT METHOD: For large group classes, written examination in December (with option to count as 30% of final mark), and a final examination. For small group classes, the mark is composed of a combination of oral and written advocacy exercises, class participation and written assignments.

LAWS 1002   Orientation to Law
The objective of the course is to orient students to the study of law by introducing them to four fundamental perspectives in the law: the comparative, the historical, the philosophical and the professional. Within each perspective several Faculty members will lecture, both to convey information deemed essential and to give a sense of the variety and contingency within each perspective. Mandatory readings will be presented in advance by each faculty speaker.
ASSESSMENT METHOD: Pass/fail oral exam conducted by a faculty member. All students must attend the oral OTL exams as scheduled. If the oral exam is unsatisfactory the student will be re-examined by a three-person panel. Any student who, without permission from the Studies Committee, does not attend the initial oral exam will not have recourse to the three person panel and will fail the course.

LAWS 1003X/Y    Fundamentals of Public Law
This course provides students with an understanding of the constitutional and administrative structures of Canadian law and government. An emphasis is placed on developing the skills required of lawyers whose public law work may range from appearances before administrative tribunals, to giving advice on the formulation and articulation of policy. Primary among the emphasized skills is the ability to work with and interpret constitutional, statutory and regulatory texts. A perspective on the administrative model of decision making will also be developed. As a necessary background for the development of these skills and for the general study of law, this course introduces students to the Canadian governmental and constitutional system. Students will explore the legislative process, statutory interpretation, and the administrative system using human rights legislation as a model. Further, students will develop an understanding of the analytical framework of the Canadian Charter of Rights and Freedoms, through the study of the interpretation and development of equality rights.
NOTES: Credit can only be given for this course if X and Y are completed in consecutive terms and partial credit cannot be given for a single term.
ASSESSMENT METHOD: Written examination in December (with option to count as 30% of the final grade), and a final examination which may have both a take-home and in-class component

LAWS 1004X/Y    Legal Research and Writing
This course has three objectives. The first is to introduce students to the process of legal research and to provide a basic understanding of primary legal materials and secondary sources of legal information in both print and digital form. The second is to provide students with the basic skills of legal writing and legal citation.The third objective is to introduce students to the technique of applying legal authorities to the solution of legal problems.This course is conducted by lectures, research assignments based on hypothetical fact situations and assigned readings.
NOTES: Credit can only be given for this course if X and Y are completed in consecutive terms and partial credit cannot be given for a single term.
ASSESSMENT METHOD: Library and citation assignments and research and writing assignments.

LAWS 1005X/Y    Property in its Historical Context
The purpose of this course 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 course 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 introduces the doctrine of aboriginal title and explores the principles of real property, including tenure, estates, future interests, matrimonial property, private and public controls on land use, and the registry system.
NOTES: Credit can only be given for this course if X and Y are completed in consecutive terms and partial credit cannot be given for a single term.
ASSESSMENT METHOD: Written examination in December (with option to count as 30% of the final mark), and a final examination

LAWS 1006X/Y    Tort Law and Damage Compensation
The major objective of this course 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. Attention will also be given to other methods of compensating for such losses, and to the relative merits of tort law vis-à-vis these alternative schemes. 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.
NOTES: Credit can only be given for this course if X and Y are completed in consecutive terms and partial credit cannot be given for a single term.
ASSESSMENT METHOD: 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 assignments, an oral advocacy exercise and class participation.

LAWS 1008   Introduction to Legal Ethics and The Regulation of the Legal Profession
This course has three objectives. First, it will start students on a journey of development of their ethical identity as lawyers. Second, it will introduce students to the core ethical values and principles governing Canadian lawyers. Third, it will provide an overview of the regulatory regime for the Canadian legal profession.
ASSESSMENT METHOD: Students will be required to write a short reflection paper, to be graded on a Pass/Fail basis.

LAWS 1009X/Y    Aboriginal and Indigenous Law in Context
This course provides an introduction to both Aboriginal Law and Indigenous Law, and the historical and contemporary context that is fundamental to understanding these areas of law. Aboriginal law refers to “settler law”, that is, the law made by Canadian legislatures and courts that applies to Aboriginal peoples, and embodies all situations where the Aboriginal status of an individual or group may impact the legal outcome, or the process leading to a legal outcome. Indigenous laws and legal traditions (e.g. Mi’kmaq law) comprise the legal orders of specific indigenous communities. Indigenous societies used these laws to govern themselves prior to contact with Europeans and many continue to do so today. Along with the common law and civil law traditions, Indigenous legal orders are, therefore, among Canada’s distinctive founding legal traditions. The course will be offered in two phases. AILC I will be an intensive two day programme offered at the beginning of the Fall Term. The focus will be on experiential learning delivered by respected members of the Nova Scotia Aboriginal community. AILC II will be delivered in the first two weeks of the Winter Term. Students will be introduced to a variety of Aboriginal and Indigenous legal practices and be required to work in small groups to design and deliver a presentation on an assigned area of Aboriginal or Indigenous law.
ASSESSMENT METHOD: AILC I will be evaluated on the basis of a two page reflection paper that demonstrates a knowledgeable and thoughtful engagement with the component parts of the experiential learning exercises. The assessment for AILC II will be an in-class group presentation. Both assignments will be graded on a pass/fail scheme, and both must be passed.

LAWS 2000   Administrative Law
This course 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 course 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 subordinate legislation.
FORMAT COMMENTS: 4 hours per week
ASSESSMENT METHOD: Final written examination with the possibility of an optional midterm exam, depending on the instructor.

LAWS 2001   Maritime Law and Practice
Maritime Law is essential to international trade by facilitating the safe, orderly, secure and environmentally sound movement of goods and people. This course is a general introduction to maritime law as it is developed and practiced in Canada. Particular topics of the course include the Federal Court of Canada (as the Admiralty Court), maritime law jurisdiction, ship legal personality, ownership and registration, marine insurance, maritime safety (standard of good seamanship, collision avoidance rules, death and personal injury, contributory negligence, limitation of liability), pilotage, towage, salvage, vessel-source pollution and compensation claims, maritime securities and their enforcement through the action in rem and conflict of laws issues. The course complements International Trade and Shipping, Ocean Law & Policy, and Law of the Sea. This course is a required course for the Marine Law Specialization Certificate.
FORMAT: Lecture
ASSESSMENT METHOD: 75% 3 hour examination and 25% mid-term assignment.

LAWS 2002   Business Associations
This course provides an introduction to the law governing the conduct of business in the corporate form. The course deals with the following topics: the choice of form of business enterprise; the legal effect of incorporation; disregarding the corporate entity; the different systems of incorporation; the corporate constitution; contracts between corporations and outsiders; the control and management of the corporation, especially the relationship among promoters, directors, executive committees, officers and shareholders; the raising and maintenance of a corporation's capital; the liability of directors and officers and remedies available to shareholders. An introduction to the principles of partnership will also be included. The course is taught by discussion of selected cases, statutes and other materials which students are expected to read carefully in advance of class.
ASSESSMENT METHOD: Written examination that may be open or closed-book.

LAWS 2003   Clinical Law
Dalhousie Legal Aid Service (the Clinic) provides 3rd year students with an opportunity to practice lawyering skills in a community law office located in north-end Halifax. This 13 credit course can be taken over the Fall, Winter or Summer terms. Students can take one other course along with the clinic.While studying clinical law, students will conduct themselves as lawyers in a social justice context. As such, students will be responsible to counsel clients, negotiate with other lawyers, prepare cases and conduct hearings in Provincial and Supreme Courts as well as before administrative tribunals. Students are also exposed to files using law reform and community development as related to poverty law issues. All casework is supervised by staff lawyers or community legal workers. Each student initially receives 10-15 client files and community files.Formal seminar and skills training sessions take place during the first six weeks of the course. Skills training includes, interviewing and counselling, issue identification, building a theory, negotiation, direct examination, cross examination and basic trial skills. Seminars cover the topics of social assistance, residential tenancies, child protection, family and criminal law (YCJA), and law reform as well as other subject areas.Writing requirement: Students will create a Reflective Portfolio over the course of their term and submit selected evidence of their best written work.ENROLMENT: 16 students Fall and Winter. 12 students summer.
NOTES: An application process and selection criteria are applied. Information sessions are provided at the law school in November and January. Students are always welcome to visit the clinic site. To make arrangements call (423-8105).
PREREQUISITES: Civil Procedure. Family and Evidence are strongly recommended
RESTRICTIONS: Students who have completed or wish to complete the Clinical Class in Criminal Law are not eligible.
ASSESSMENT METHOD: Pass/Honours/Fail. Oral feedback is provided at mid-term and written feedback at the conclusion of the course.
In the normal course a student would not be assigned any numerical grade and a student's performance would not be counted in determining a weighted average. However, in the event of a failure, or that the student is otherwise no longer entitled to complete third year or to write a supplemental because he/she does not have an average of 55, a numerical grade will be assigned and this grade will be counted in the weighted average.

LAWS 2005   Conflict of Laws: Cross-Border Aspects of Private Law
This course is concerned with problems in private law arising out of transactions and occurrences with connections to two or more legal units (provinces or countries). Examples would be contracts made in one country but to be performed elsewhere, and torts with a cross-border element (such as goods negligently manufactured in one country which injure persons in another). Other examples that will be considered include novel transnational corporate accountability litigation strategies designed to provide remedy to foreign victims alleging human rights violations by Canadian companies operating internationally. The type of problems associated with all these examples include (1) which law applies to the determination of liability in such situations, (2) which country's or province's courts have jurisdiction to entertain such disputes, and (3) the enforcement in one country or province of court judgments and arbitral awards emanating from another. The objective of the course is for students to learn to recognize conflict of laws situations, to deal with those situations by accepted methods, and to appreciate the results from a variety of points of view. The extent to which the federal nature of Canada affects such matters will be critically examined.
ASSESSMENT METHOD: Final exam and optional mid-class assignment

LAWS 2006   Corporate Finance
This course is intended to help law students become comfortable with some of the fundamental ideas and processes underlying modern corporate finance transactions. Topics may include, among other things, structured finance, valuation methods, and financial theory, including a consideration of the efficient market hypothesis, portfolio theory, the capital asset pricing model, and option pricing theory. These topics will be examined in a variety of legal contexts, including in relation to specific kinds of transactions and financial instruments, such as securitizations, share purchases, statutory arrangements, issuances of exchangeable and convertible debt, and financial derivatives, as well as in relation to general corporate governance concerns. Some discussion of financial accounting and auditing issues, financial institutions and markets may also be included.
PREREQUISITES: Business Associations
ASSESSMENT METHOD: Final examination and class presentation/participation

LAWS 2008   Evidence
As an introduction to the law of evidence, the course examines basic concepts of relevance, admissibility and weight, in criminal and civil cases. Topics covered include: burden and standard of proof, judicial notice, competence and compellability of witnesses, examination of witnesses, opinion evidence, character evidence, credibility, hearsay and hearsay exceptions, confessions, unconstitutionally-obtained evidence, and privilege. The policy considerations underlying particular rules, as well as the origins, development and constitutional significance of such rules are examined and critically assessed.
ASSESSMENT METHOD: Written examination

LAWS 2009   Comparative Criminal Law
The first aim of this course is to examine criminal law and the administration of criminal justice in Canada by means of comparison with analogous aspects of the legal systems of selected foreign countries. The second aim is to ponder the question of whether there are, or should be, core principles of process common to all criminal justice systems. The particular countries emphasized are the Commonwealth States, France, the People's Republic of China and Islamic countries, since they represent a spectrum of models which differ in varying degrees from the Canadian legal system. They include common law, continental European, Communist and religious traditions which, when compared with Canada, can bring the most important characteristics of our own system into sharp focus. An opportunity will be given for students to explore issues of restorative justice and Canadian aboriginal justice in this comparative context. All systems examined will be viewed in the light of international human rights standards thought to be applicable to criminal justice. This course will be offered in alternating years.
ASSESSMENT METHOD: Class participation and the writing and presentation of a major term paper

LAWS 2010   Insurance Law
This course examines the basic principles underlying the law relating to various types of insurance, e.g., fire, life, motor vehicle, and liability. Topics include: (a) the nature of the insurance contract and its formation, (b) agency principles applying to insurance agents or brokers, (c) the insurable interest that a person must have to enter into a valid contract of insurance, (d) the effects of non-disclosure in applying for insurance, (e) interpreting insurance contracts, and (f) claims on policies. Students must critically examine existing law, its function in modern society and its fairness to the insured person, and consider desirable reforms. Course materials include an examination of insurance cases, the Nova Scotia Insurance Act, and various standardized provisions found in insurance contracts.
ASSESSMENT METHOD: Written examination

LAWS 2012   International Law
Public international law is about global governance and the way the legal relations of states and the individuals who compose them are regulated. The course begins by exploring the foundations of the international legal system, the legal status of the principal participants and the methods of creating and applying international law. Processes of international dispute resolution and the interaction of international and Canadian law are also discussed. Later, the application of substantive principles of international law are considered in a couple of selected areas such as law of the sea, international criminal law, the protection of human rights and the use of force.
ASSESSMENT METHOD: Written examination; possibly by a combination of examination and written assignments, where numbers permit

LAWS 2013   Judicial Remedies
The objective of the course is to give students an understanding of the basic principles of the law applicable to private law remedies and how they are applied by the courts in their efforts to provide appropriate remedies in the wide variety of factual circumstances that give rise to claims. The course method will use case analysis supplemented with comments by the professor.
ASSESSMENT METHOD: Three hour examination