Course Descriptions
LAWS 1112 Law in its National and International Context
CREDIT HOURS: 2
This intensive course is designed to provide students with some of the fundamental elements for understanding contemporary law. There are three modules. The first module, The Historical and Philosophical Contexts, explains how law is a complex and socially constructed phenomenon embedded in larger political, economic, cultural, and racial dynamics. The second module, Canadian Legal Systems, introduces students to the primary sources of law, the polyjural nature of the Canadian Legal System, and some of the basic skills of thinking like a lawyer, including statutory interpretation and the common law method. The third module, the International Contexts, introduces students to some of the core norms and institutions of international law and explores their relevance to the contemporary Canadian legal system.
NOTES: Students taking this course must register in and complete
LAWS 1112 &
LAWS 1122 in consecutive terms; credit will not be granted if courses are not completed consecutively.
RESTRICTIONS: This course is restricted to JD students or JD Combined Degree students
LAWS 1115 Property in its Historical Context
CREDIT HOURS: 2.5
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: Students taking this course must register in and complete
LAWS 1115 &
LAWS 1125 in consecutive terms; credit will not be granted if courses are not completed consecutively. Assessment Method: Written examination in December (with option to count as 30% of the final mark), and a final examination
RESTRICTIONS: This course is restricted to JD students or JD Combined Degree students
LAWS 1116 Tort Law and Damage Compensation
CREDIT HOURS: 2.5
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: Students taking this course must register in and complete
LAWS 1116 &
LAWS 1126 in consecutive terms; credit will not be granted if courses are not completed consecutively. 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.
RESTRICTIONS: This course is restricted to JD students or JD Combined Degree students
LAWS 1120 Contracts and Judicial Decision-Making
CREDIT HOURS: 2.5
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: Students taking this course must register in and complete
LAWS 1110 &
LAWS 1120 in consecutive terms; credit will not be granted if courses are not completed consecutively. 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.
RESTRICTIONS: This course is restricted to JD students or JD Combined Degree students
LAWS 1121 Criminal Justice-The Individual and the State
CREDIT HOURS: 2.5
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: Students taking this course must register in and complete
LAWS 1111 &
LAWS 1121 in consecutive terms; credit will not be granted if courses are not completed consecutively. 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.
RESTRICTIONS: This course is restricted to JD students or JD Combined Degree students
LAWS 1122 Law in its National and International Context
CREDIT HOURS: 1
This intensive course is designed to provide students with some of the fundamental elements for understanding contemporary law. There are three modules. The first module, The Historical and Philosophical Contexts, explains how law is a complex and socially constructed phenomenon embedded in larger political, economic, cultural, and racial dynamics. The second module, Canadian Legal Systems, introduces students to the primary sources of law, the polyjural nature of the Canadian Legal System, and some of the basic skills of thinking like a lawyer, including statutory interpretation and the common law method. The third module, the International Contexts, introduces students to some of the core norms and institutions of international law and explores their relevance to the contemporary Canadian legal system.
NOTES: Students taking this course must register in and complete
LAWS 1112 &
LAWS 1122 in consecutive terms; credit will not be granted if courses are not completed consecutively.
RESTRICTIONS: This course is restricted to JD students or JD Combined Degree students
LAWS 1125 Property in its Historical Context
CREDIT HOURS: 2.5
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: Students taking this course must register in and complete
LAWS 1115 &
LAWS 1125 in consecutive terms; credit will not be granted if courses are not completed consecutively. Assessment Method: Written examination in December (with option to count as 30% of the final mark), and a final examination
RESTRICTIONS: This course is restricted to JD students or JD Combined Degree students
LAWS 1126 Tort Law and Damage Compensation
CREDIT HOURS: 2.5
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: Students taking this course must register in and complete
LAWS 1116 &
LAWS 1126 in consecutive terms; credit will not be granted if courses are not completed consecutively. 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.
RESTRICTIONS: This course is restricted to JD students or JD Combined Degree students
LAWS 2000 Administrative Law
CREDIT HOURS: 4
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.
NOTES: Assessment Method: Final written examination with the possibility of an optional midterm exam and/or in-term assignments, depending on the instructor.
FORMAT COMMENTS: 4 hours per week
LAWS 2001 Maritime Law and Practice
CREDIT HOURS: 3
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.
NOTES: Assessment Method: 75% 3 hour examination and 25% mid-term assignment.
FORMAT: Lecture
LAWS 2002 Business Associations
CREDIT HOURS: 4
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.
NOTES: Assessment Method: Written examination that may be open or closed-book.
LAWS 2003 Clinical Law
CREDIT HOURS: 13
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: Assessment Method: 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).
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.
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. This thirteen-credit course can be taken over the Fall, Winter or Summer terms. While enrolled, students can take one other course along with the clinic.
LAWS 2005 Private International Law
CREDIT HOURS: 4
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.
NOTES: Assessment Method: Final exam and optional mid-class assignment.
This course may be counted towards a Certificate in Marine or Environmental Law.
LAWS 2006 Corporate Finance
CREDIT HOURS: 3
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.
NOTES: Assessment Method: Final examination and class presentation/participation
PREREQUISITES: Business Associations
LAWS 2008 Evidence
CREDIT HOURS: 4
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.
NOTES: Assessment Method: Written examination
LAWS 2009 Comparative Criminal Law
CREDIT HOURS: 3
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.
NOTES: Assessment Method: Class participation and the writing and presentation of a major term paper
LAWS 2010 Insurance Law
CREDIT HOURS: 2
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.
NOTES: Assessment Method: Written examination
LAWS 2012 International Law
CREDIT HOURS: 3
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.
NOTES: Assessment Method: Written examination; possibly by a combination of examination and written assignments, where numbers permit.
This course may be counted towards a Certificate in Marine or Environmental Law.
LAWS 2013 Judicial Remedies
CREDIT HOURS: 3
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.
NOTES: Assessment Method: Three hour examination
LAWS 2014 Labour Law I
CREDIT HOURS: 3
This is a survey of the institutions and legal concepts related to labour-management relations in Canada: the status of participants, union organization and certification, unfair labour practices, collective bargaining, conciliation, the collective agreement and arbitration, industrial conflict, the union duty of fair representation, internal union affairs, and the impact of the Constitution on labour relations law. An attempt is made to examine the law of labour relations as an example of responses by the legal system to an evolving social problem in the context of changing economic and technological conditions of the new globalized economy.
NOTES: Assessment Method: Written examination; there may be an option to have 50% of the evaluation based on short weekly memoranda and 50% on a written examination