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Results 1 - 94 of 94 Courses

Law
College of Law

UNDERGRADUATE DEGREE COURSES

Year 1

LAW 201.6

Registration Info — 2003-2004 Regular Session» Contracts
1&2(3L)

An introduction to the law of contracts, including formation of contractual obligations, consideration, privity, contract formalities, capacity, contractual terms, misrepresentation, mistake, illegality, discharge and remedies.

LAW 204.6

Registration Info — 2003-2004 Regular Session» Criminal Law
1&2(3L)

Basic concepts and procedures, principles of criminal liability, physical and mental elements of a crime, common law and statutory defences, the Canadian Charter of Rights and Freedoms, capacity, justification, parties to offences, and specific offences.

LAW 208.6

Registration Info — 2003-2004 Regular Session» Property I
1&2(3L)

A survey of the law of personal property. The forms and methods by which interests in personal property are created, used and transferred. A survey of English land law and its introduction to, and use in, Saskatchewan.

LAW 212.6

Registration Info — 2003-2004 Regular Session» Tort Law
1&2(3L)

An introduction to the legal processes through which an injured person can seek compensation either from the state, from insurance schemes or in a tort action. Detailed consideration will be given to the Saskatchewan Criminal Injuries Compensation Scheme, the tort of negligence, and the Saskatchewan Automobile Accident Insurance Act. Preliminary treatment will also be given to civil procedure, ethical issues, and access to justice considerations, together with a critique of Canada's legal response to personal injury.

LAW 231.3

Registration Info — 2003-2004 Regular Session» Constitutional Law (Division of Powers)
1/2(3L)

Principles of federalism and of constitutional interpretation. The judicial system. Detailed examination of the distribution of legislative power between Parliament and the Provincial Legislatures. Constitutional amendment. Policy issues will also be addressed.

LAW 233.3

Registration Info — 2003-2004 Regular Session» Constitutional Law (Charter of Rights and Freedoms)
1/2(3L)

An examination of the Charter of Rights and Freedoms. Emphasis will be placed on general principles of interpretation and theories of judicial review and human rights, general provisions of the Charter (s. 24, 12, 5, etc.) and issues concerning selected charter rights and freedoms, such as section 2, 7 and 15.

LAW 243.0

Registration Info — 2003-2004 Regular Session» Legal Research and Writing
1&2(1L)

An introduction to the methods of legal research and writing. Students will be required to complete a number of legal memoranda as well as bibliographical and research assignments. The first year moot court program forms part of this course.

Year 2 and 3

LAW 302.3

Registration Info — 2003-2004 Regular Session» The Sale of Goods
1/2(3L)

Identification and analysis of legal issues related to the distribution of goods in both consumer and commercial contexts. Addresses the practical problems arising in connection with transactions of sale of goods, including problems involving parties to the contract of sale and those involving persons in the chain of distribution who are not in a contractual relationship with one another. The application of the Sale of Goods Act and the Consumer Products Warranties Act to the resolution of these issues is examined in some detail.

LAW 303.3

Registration Info — 2003-2004 Regular Session» Secured Transactions and Negotiable Instruments
1/2(3L)
Prerequisite(s): LAW 302.

The basic features of secured transactions law and negotiable instruments law are examined. Students are given the opportunity to examine, principally in the context of consumer-level credit transactions, the basic concepts and practical application of The Personal Property Security Act. In addition, peripheral statutory measures affecting secured transactions such as The Limitation of Civil Rights Act, The Saskatchewan Farm Security Act and The Exemptions Act are examined. In the second part of the course, the concept of negotiability is examined in the context of the provisions of the Bills of Exchange Act. The practical application of negotiable instruments law are addressed in the context of the banking system.

LAW 326.3

Registration Info — 2003-2004 Regular Session» Trusts
1/2(3L)

The creation and administration of the express trust are covered. Resulting or implied trusts are dealt with. The constructive trust, both in its classical form and as a remedial device, is examined. Breach of trust, remedies of a beneficiary and trustees defences are considered. The termination of a trust, both at common law and under statute, is dealt with. The charitable trust is briefly examined.

LAW 331.3

Registration Info — 2003-2004 Regular Session» Constitutional Law III
1/2(3L)

This course canvasses important areas of constitutional law that the mandatory first-year course does not address. It examines, inter alia current federalism issues, including the social union negotiations; constitutional amendment, including the process or succession; the judicial branch of government, and in particular the impact of the Judges Reference; the internationalization of domestic constitutional law and changing notions of sovereignty; and the Charter's mobility rights, language rights, and democratic rights. Overall, it identifies underlying themes in constitutional law and explores different approaches to constitutional adjudication.

LAW 340.3

Registration Info — 2003-2004 Regular Session» Administrative Law I
1/2(3L)

A survey of the role of administrative agencies within the Anglo-Canadian legal system focusing primarily upon consideration of the extent to which agency and executive action is subject to judicial review and control.

LAW 351.3

Registration Info — 2003-2004 Regular Session» Evidence I
1/2(3L)

Examination of the foundations of the law of evidence in civil and criminal trials in Canada. The principles, rules, statutes and procedures are examined from a critical perspective with emphasis on the history, rationale and reform of rules and statutes affecting the admissibility of evidence. The topics examined are admissibility, relevance, character evidence, opinion evidence, hearsay evidence, competence, privilege and confessions.

LAW 361.3

Registration Info — 2003-2004 Regular Session» Business Organizations I
1/2(3L)

Examination of the basic features of business corporations. The following topics, among others, are considered: corporate personality, the process of incorporation, the powers and duties of directors and officers, shareholder rights and remedies.

LAW 363.3

Registration Info — 2003-2004 Regular Session» Agricultural Law I
1/2(3L)
Prerequisite(s): Successful completion of first year law.

Agriculture is a highly regulated industry in most jurisdictions; Canada and Saskatchewan are no exception. Farmers have historically claimed that common law rules of property and contract do not meet their needs. Governments have seen it to be in their interest to intervene in a way that ensures stability in both the agriculture and consumer communities. The result is a complex set of legal institutions regulating the relationships among farmers and the financial, marketing, and transportation organizations with which Saskatchewan agriculture operates, as well as the relevant federal statutes and the case material interpreting both provincial and federal statutes will be examined.

LAW 372.3

Registration Info — 2003-2004 Regular Session» Family Law I
1/2(3L)

Examination of the maintenance and property rights as between husbands and wives and also spousal claims for the maintenance and custody of the children of the marriage on marriage breakdown. These issues are canvassed by having regard to both the federal and provincial legislation in force in the area of family law.

LAW 384.3

Registration Info — 2003-2004 Regular Session» Civil Procedure
1/2(3L)

A chronological study of the procedural steps, rules and related substantive law in a civil action from the moment of the decision to sue to the trial of the matter. The context of the adversarial process in an action is examined by reference to the policies underlying civil procedure, the role and authority of the lawyer, the organization and jurisdiction of the courts, limitations of actions and costs. The civil action is examined through a focus on principles of jurisdiction and venue, type and manner of commencement of proceedings, pleadings, multiple claims and parties, and discovery. The course will involve the drafting of documents.

LAW 388.3

Registration Info — 2003-2004 Regular Session» Constitutional Theory
1/2(3L)

This is a “Legal Perspectives” course that introduces students to important theoretical questions in the context of constitutional law. These questions include the nature of law, the relationship between law and politics, the nature of judicial reasoning, the relationship between democratic practice and judicial review, the scope of the constitutional norms of equality and liberty. These issues will be explored using recent constitutional cases and scholarly writings.

LAW 390.3

Registration Info — 2003-2004 Regular Session» Critical Legal Studies
1/2(3L)

This is a "Legal Perspectives" course intended to introduce students to the literature and approaches of what is presently known as "critical legal studies". Major themes developed in the work of "crits" and "fem-crits" include: the artificiality and arbitrariness of formal legal systems, the indeterminacy of rules, the duplicity of the public/private distinction, the use of myths of legal neutrality and objectivity to maintain hierarchy and conditions of social inequality, and the role of images and rhetoric of freedom and equality in obtaining compliance with institutional mechanisms of control and oppression. Many of these themes and problems were previously analyzed by the legal realists.

LAW 392.3

Registration Info — 2003-2004 Regular Session» Dworkin and His Critics
1/2(3L)

A "Legal Perspectives" course, examining some of the principle writings of Ronald Dworkin and the leading critics of his views. The course will examine Dworkin's critique of Legal Positivism, his theory of adjudicative decision making and its epistemological underpinnings, and the relationship between legal theory and liberal theories of rights and equality in his writings. Each topic will be examined in the context of the debates between Dworkin and his critics generated by these issues.

LAW 393.3

Registration Info — 2003-2004 Regular Session» Feminist Legal Theory
1/2(3L)

This is a "Legal Perspectives" course which examines feminist critiques of law.

LAW 394.3

Registration Info — 2003-2004 Regular Session» Jurisprudence
1/2(3L)

A "Legal Perspectives" course examining the nature and function of law, focusing particularly on the relationships between law and society, law and morality and law and political theory.

LAW 395.3

Registration Info — 2003-2004 Regular Session» Jurisprudence and Tort Law
1/2(3L)

A survey of jurisprudential theory in the context of the law of torts. Various schools of thought will be examined, including natural law and rights theory, law-and-economics theory, feminist theory, and the critical legal studies movement. Fundamental issues of particular relevance to tort law will also be examined.

LAW 396.3

Registration Info — 2003-2004 Regular Session» "Objectivity" in Law
1/2(3L)

This is a "Legal Perspectives" seminar that analyzes the concept of "objectivity" and its role in law. Claims of "objectivity" are routinely made in law for what are purportedly findings of 'fact', either simple or complex, as well as for complex and overtly normative or value-laden determinations of mixed 'fact' and 'law'. This seminar invites the student to develop his or her critical and analytic skills through examination of the theoretical foundation and conceptual framework for such claims. The materials studied will include selections from a variety of writers, including selected materials from the social sciences, epistemology, and ethics. Use will be made of selected legal cases, facta, and case studies to permit discussion of theory as it applies to concrete legal issues. A historical, cross-cultural theoretical perspective will be included and the approaches taken by contemporary writers (legal realist/ feminist/ critical/ liberal/post-modernist, etc.) will be compared.

LAW 401.3

Registration Info — 2003-2004 Regular Session» Securities Regulation
1/2(2L-1R)
Corequisite(s): LAW 361.

An introduction to the principles of securities regulation in Canada and an examination in some detail of The Securities Act 1988 (Saskatchewan) the National Uniform Act and Local Policies, and General Rulings and Orders. Examines the definitions of key concepts such as "security", "trade", "distribution", "full true and plain disclosure", and "material fact". A historical perspective will provide the starting point, and the basic scheme of the regulatory system will be covered, including registration and prospectus requirements, continuous disclosure, insider trading and reporting, take-over bids, and minority shareholder rights. Special emphasis will be given to the exemptions available for financing activities prior to or instead of a public offering.

LAW 402.3

Registration Info — 2003-2004 Regular Session» Interjurisdictional Sales & Financing
1/2(3L)
Prerequisite(s): LAW 302 and 303.

Addresses a variety of issues pertinent to such interjurisdictional transactions of sale. The substantive law contained in the United Nations Convention on Contracts for the International Sale of Goods is considered in the context of the sale of goods produced principally in Western Canada.

Techniques for the financing of sales will be examined including factoring, forfaiting and leasing. International legal instruments such as the Ottawa Conventions on Factoring and International Financial Leasing and the proposed Uncitral Convention on Assignments in Receivable Financing will be considered. Methods of payment such as letters of credit and international electronic payment systems will be considered. Since security plays an important role in international contracts of sale, security mechanisms such as standby letters of credit and export credit insurance along with international instruments such as the proposed Unidroit Convention on International Interests in Mobile Equipment will be brought into the picture. Dispute settlement through international arbitration is a common feature of modern interjurisdictional contracting. Consequently, domestic and international arbitration legislation and procedures will be examined.

LAW 403.3

Registration Info — 2003-2004 Regular Session» Advanced Secured Transactions
1/2(3L)
Prerequisite(s): LAW 302 and 303.

Students are given the opportunity to examine in depth The Saskatchewan Personal Security Act primarily as it functions in the context of business financing transactions. Special problems that arise in the context of the use of broadly-based security agreements and future advance financing are examined. The priority structure and registry system of the Act are studied in detail in the light of the types of issues that are generally encountered in business financing transactions. Post-default rights and remedies, including the appointment of receivers are examined. A portion of the course time is devoted to a brief examination of the secured financing system provided to chartered banks in the Bank Act. Approaches to the resolution of priority issues where the two systems overlap or conflict one with the other are considered.

LAW 404.3

Registration Info — 2003-2004 Regular Session» Debtor-Creditor Law
1/2(3L)

Designed to familiarize students with the central aspects of the system through which money judgments are enforced. The various methods of judgment enforcement are examined including execution against goods, intangibles and interests in land; exemptions from execution; equitable execution; charging order and garnishment. In addition, features of the system that are incidental or peripheral to the enforcement of judgments are examined including distribution under The Creditors Relief Act, interlocutory injunctions, pre-judgment garnishment, fraudulent conveyance and fraudulent preference actions, enforcement of foreign judgments and proceedings under The Bulk Sales Act. The central features of the Bankruptcy and Insolvency Act are examined.

LAW 405.3

Registration Info — 2003-2004 Regular Session» Advanced Criminal Law
1/2(2S-IR)

The focus of the seminar is on substantive criminal law with an emphasis on a critical analysis of criminal liability and criminal responsibility. Topics to be studied include acts, agency, choice, voluntariness, causation, consent, mens rea and fault, the use of objective and subjective tests in criminal law, and the empirical basis and ethical and political justifications for the defences of automatism, drunkenness, provocation, duress, necessity, and self-defence. The challenges that social and cultural diversity pose for the principled development of substantive criminal law will be considered throughout.

LAW 406.3

Registration Info — 2003-2004 Regular Session» Law and Culture
1/2(2S-1R)

This interdisciplinary seminar explores legal culture within the larger cultural contexts that it shapes and is shaped by. In studying the ways in which law and cultures intersect in history, theory, and practice, students will enhance their critical understanding of the independence and interdependence of law and justice; the value of cultural theory in reading legal texts; the challenges and opportunities of inter-cultural perspectives; the role of media images of the law and lawyers; issues of race, gender, class, commodification, and sexuality; the construction of public and private spheres; censorship and intellectual property; agency and accountability; cultural myths and narrative powers.

LAW 407.3

Registration Info — 2003-2004 Regular Session» Bankruptcy, Insolvency and Receiverships
1/2(3L)
Prerequisite(s): LAW 404.

Designed to give participants an opportunity to examine in greater scope and detail the system and basic concepts of bankruptcy and insolvency law and the equitable law of receiverships.

LAW 408.3

Registration Info — 2003-2004 Regular Session» Multi-Party Negotiation
1/2(2S-1R)

This seminar offers theoretical understandings and skills development in negotiations involving multiple parties seeking to revise their institutional, i.e. legal and policy – relationships. Such negotiations include international multi-lateral negotiations, domestic constitutional negotiations, or any large scale negotiations involving multiple stakeholders with political, economic, cultural and legal relationships with one another. Such negotiations often take place in the context of long-standing social conflict. Beginning January 2004, the seminar may be delivered in a distributed learning format involving on-line learning, multi-media interaction, and students at other law schools. Evaluation in the seminar is based on a participation in a negotiation and simulation and a 35-page analytic paper.

LAW 410.3

Registration Info — 2003-2004 Regular Session» Intellectual and Industrial Property I
1/2(3L)

The general nature of intellectual and industrial property rights and the present legal framework in Canada for the protection and exploitation of such rights. Traditional and emerging categories and their theoretical underpinnings. The substantive law of patents and copyright will be examined. An examination of the developments and problems caused by new technologies and the demands made on the law by a post-industrial, information society.

LAW 412.3

Registration Info — 2003-2004 Regular Session» Torts II
1/2(3L)

Consideration of areas of tort liability not covered in LAW 212, and an examination of underlying theoretical concepts in tort law. Topics normally include: negligent misrepresentations; negligently caused economic loss; the relationship between tort and contract; constitutional torts and human rights claims in torts; the business torts and the tort of nuisance.

LAW 415.3

Registration Info — 2003-2004 Regular Session» Municipal Law
1/2(3L)

An examination of the organization and operation of municipal corporations and land-use control. Consideration will be given to such matters as the scope and exercise of municipal powers, municipal planning and land-use regulation.

LAW 417.3

Registration Info — 2003-2004 Regular Session» Insurance Law
1/2(3L)

An examination of general topics of insurance law and how the Saskatchewan Insurance Act effects those topics in relation to fire insurance, life insurance and automobile insurance. These topics include the legal position of agents in the business of insurance and the Insurance Law concepts of indemnity, insurable interest, non-disclosures and misrepresentations, warranties and conditions, proximate cause, valuation, subrogation and contribution.

LAW 419.3

Registration Info — 2003-2004 Regular Session» Remedies I
1/2(3L)

Examination of judicial remedies in equity and at common law. In the first part the focus is on specific relief in the form of injunctions and specific performance. Particular attention is paid to the recent development of two new forms of interlocutory injunctive relief: Mareva injunctions and Anton Pillar orders. Selected topics in the assessment of damages comprise the balance of the course.

LAW 421.3

Registration Info — 2003-2004 Regular Session» Professional Responsibility
1/2(3L)

A problem oriented course which is intended to train the student in the use of the Canadian Bar Association Code of Professional Responsibility in the practice of law. The student is taught the elements of the lawyer's duty to the client, duty to the court and duty to others through problems which involve concepts of duty, confidentiality, conflict of interest and integrity in settings where the lawyer functions as adviser, advocate and public servant.

LAW 422.3

Registration Info — 2003-2004 Regular Session» Legislation and Legislative Drafting
1/2(3S/L)

Outlines the legislative process and essential terminology, and will include consideration of: the definition and organization of legislative information; the Interpretation Acts; the technical legal use of rules of grammar and language; a historical survey of interpretative theories; legislative intention; the operation of legislation; bilingual statutes; constitutional limitations on parliamentary supremacy; delegated legislation; and statutory interpretation and literacy criticism. The course will include drafting assignments as well as theoretical analysis.

LAW 423.3

Registration Info — 2003-2004 Regular Session» Criminal Procedure
1/2(3L)

Jurisdiction, including classification of offences, time limitations, jurisdiction under the Charter; pre-trial procedure and practices, including search and seizure, arrest and detention, right to counsel; judicial interim release (bail); the preliminary inquiry and the process of discovery; the charging process, including stays and withdrawals; pleas; trials; trial by jury.

Note: Students are advised to have taken LAW 351.

LAW 424.3

Registration Info — 2003-2004 Regular Session» Commercial Crime
1/2(3L)

Examines in depth the law related to commercial crime, including a survey of corporate criminal liability, the application of the Charter, substantive offences under the Criminal Code and other statutes, search and seizure of documents under the Income Tax Act, problems with respect to sentencing and sanctions, proceeds of crime and aspects of professional responsibility and ethics relevant to all areas.

LAW 425.3

Registration Info — 2003-2004 Regular Session» Sentencing in the Criminal Justice System
1/2(3L)

Selected topics relevant to sentencing in the criminal justice system combining theory, doctrine and practice. Theoretical aims of punishment and their translation into current legal doctrine and practice will be discussed, with particular emphasis on the Canadian and Saskatchewan context.

LAW 426.3

Registration Info — 2003-2004 Regular Session» Criminology, Retributive Justice and the Criminal Justice System
1/2(2S-IR)

This is a seminar in applied administrative law. The criminal justice 'system' is examined as a regulatory mechanism. The use of discretion, reliance on predictive judgments, and the implications of the principles of natural justice and the Charter are considered. Topics are dealt with not in isolation but rather with reference to common systemic issues, questions of legal principle and process, and the perspectives offered by social theory and the social sciences generally. Guest speakers and visits to institutions are used where time permits and these are appropriate to the topics dealt with in the seminar.

Note: Students are advised to have taken LAW 340 and 425.

LAW 427.3

Registration Info — 2003-2004 Regular Session» Gale Moot
1/2(Oct.-Feb.)(3S)

Participation in the Gale Moot Competition held annually in Toronto is required. It will involve research and advocacy, both oral and written, on a complex case or problem in the field of criminal and/or constitutional law. Students are responsible for the preparation of both an Appellant's and a Respondent's factum, and will participate in at least three practice moots at the College prior to the competition. Recommended for students with an interest in public speaking and exacting research.

LAW 428.3

Registration Info — 2003-2004 Regular Session» Wills
1/2(3L)

Execution and revocation of wills, survivorship, intestate succession, probate, construction of wills, dependents' relief, the Matrimonial Property Act as it relates to estates.

LAW 430.3

Registration Info — 2003-2004 Regular Session» Alternate Dispute Resolution: Theory and Practice
1/2(2S-1R)

Examination of the forms and functions of major disputing processes - negotiation, mediation, and adjudication. These are the processes which are critical to lawyers and other persons concerned with preventing or resolving disputes. Alternate methods of dispute resolution (ADR) will be studied from theoretical, critical and practical perspectives. Emphasis will be placed on the role of the lawyer in ADR processes.

LAW 431.3

Registration Info — 2003-2004 Regular Session» Advanced Constitutional Law
1/2(2S-IR)

Examination of current issues in constitutional law.

LAW 432.3

Registration Info — 2003-2004 Regular Session» Human Rights
1/2(2S-IR)

An understanding of comtemporary debates about universalism and of the meaning of human rights in Canada with attention to political theory and international underpinnings. The concept of discrimination and the constitutional position of human rights and fundamental freedoms in Canada. Detailed analysis of the concept of equality as it is embedded in domestic anti-discrimination law and enshrined in section 15 of the Charter.

LAW 433.3

Registration Info — 2003-2004 Regular Session» Sallows Human Rights Seminar
1/2(2S-1R)

The Sallows Seminar in Human Rights will be offered once a year, usually in the first term. It will be led by the visiting Sallows Professor in Human Rights and have a varied content, depending upon the incumbent's experience and interest. The seminar may be interdisciplinary.

LAW 436.3

Registration Info — 2003-2004 Regular Session» Indian and Aboriginal Law
1/2(3L)

The Aboriginal peoples of Canada; Aboriginal peoples and the justice system, including Aboriginal justice systems; Aboriginal title and Aboriginal rights; treaties and the treaty-making process, including hunting and fishing rights, Natural Resources Transfer Agreements; the Metis; land claims; federal and provincial jurisdiction over Aboriginal peoples and lands; Indian Act, including membership and Bill C-31; constitutional recognition and protection of the rights of Aboriginal peoples; Aboriginal self-government.

LAW 437.3

Registration Info — 2003-2004 Regular Session» Advanced Studies in Aboriginal Law
1/2(2S-1R)
Prerequisite(s): LAW 436.

The seminar will involve an advanced discussion of current Aboriginal issues. Areas for discussion may include aspects of Aboriginal self-government, Aboriginal rights in international law, traditional Aboriginal law, Aboriginal title and sovereignty, treaties, Metis rights, hunting and fishing rights, reserve lands, federal and provincial jurisdiction.

LAW 438.3

Registration Info — 2003-2004 Regular Session» Wealth Distribution, Poverty and the Law
1/2(2S-1R)

Examines the conditions and lives of those who are poor in Canada. Consideration of various definitions and theories of poverty and the relationship between poverty and race, gender and class inequality. Explores the role of law in regulating and/or alleviating poverty.

LAW 439.3

Registration Info — 2003-2004 Regular Session» Mediation
1/2(2S-1R)

This seminar will explore the mediation process from both a theoretical and a practical, skill-based point of view. In addition to examining the stages of mediation and the role of the mediator, the seminar will deal with the use of mediation in different settings, such as family, labour, commercial and criminal law. Critical issues such as the impact of power imbalances, culture and gender will be discussed. Through the use of simulations, students will experience the mediation process as lawyers, clients and mediators. Students will also receive a clinical placement.

LAW 440.3

Registration Info — 2003-2004 Regular Session» Administrative Law II
1/2(2S-IR)
Prerequisite(s): LAW 340.

In focusing attention on various aspects of the regulation of the discretionary powers of administrative bodies at all levels, this seminar is designed to complement the judicial review orientation of the basic Administrative Law course. Specific topics examined have included a comparative study of French droit administratif; the tension between judicial deference and Charter rights; the office of Ombudsman; agency studies (e.g. the Land Bank, the National Parole Board); discipline in professional sports; administrative discretion and the enforcement of environmental standards.

LAW 441.3

Registration Info — 2003-2004 Regular Session» Laskin Moot
1/2(Oct.-Mar.)(3S)

This seminar is designed to provide academic supervision and credit for the five students who are members of the College team in the Laskin Memorial Moot Court competition. The team consists of four oralists and one research counsel. Participants do research and written and oral advocacy on a complex problem in administrative and constitutional law. The seminar is recommended for those with an interest in advocacy, exacting research, and public law issues.

Note: Students are advised to have taken LAW 340.

LAW 442.3

Registration Info — 2003-2004 Regular Session» Mediation: Theory and Practice
1/2(2S-1R)
Corequisite(s): LAW 443.

This seminar will explore the mediation process from both theoretical and practical points of view. In addition to examining the stages of mediation and the role of the mediator, the course will deal with the use of mediation in different settings. The skills and techniques used by mediators (and by lawyer advocates) will be examined, as well as how to determine whether mediation is appropriate. Through the use of simulations, students will experience the mediation process as lawyers, clients and mediators.

LAW 443.3

Registration Info — 2003-2004 Regular Session» Student Mediation Program
1/2 (2S-1R)
Corequisite(s): LAW 442.

This seminar will continue to develop the themes introduced in Mediation: Theory and Practice. Different applications of the process will be explored (family, business, labour, victim-offender). Critical issues such as neutrality and power, culture and gender, will be examined. The lawyer's role in the process will be considered in more depth. This seminar will contain a significant practical component: students will be assigned to various community programs, and may participate in the delivery of an on-campus mediation service.

LAW 444.3

Registration Info — 2003-2004 Regular Session» Environmental Law
1/2(3L)

A course description surveying the actual and potential role of the law in protecting the integrity of the environment from threats posed by scientific and technological advances over exploitation of resources, rapid development and population growth.

LAW 446.3

Registration Info — 2003-2004 Regular Session» Natural Resources Law
1/2(2S-1R)

Focuses on the ownership, regulation and disposition of oil and gas, minerals and the forest resource in Saskatchewan and Canada. The course will include consideration of constitutional jurisdiction, ownership,and disposition of these resources.

Note: Students are advised to have taken LAW 444.

LAW 447.3

Registration Info — 2003-2004 Regular Session» Aboriginal Moot
1/2 (Oct. – Mar.) (3S)
Prerequisite(s) or Corequisite(s): LAW 436.

The Aboriginal Rights Moot is a non-competitive moot structured on the traditional Aboriginal circle consensus-building process. It is designed to allow Aboriginal law students to debate and discuss Aboriginal rights issues vital to the Aboriginal peoples.

LAW 449.3

Registration Info — 2003-2004 Regular Session» Canadian Legal History
1/2(3L/S)

Introduces students to fundamental developments in Canadian legal history, and uses a historical perspective to enhance understanding of Canadian legal institutions and principles. The course will survey the ingredients of the Canadian legal heritage: English, European and American influences; the legacy of civil, common and customary law. There will also be discussion of the impact of Canadian historical events on specific areas of Canadian law, such as immigration law, family law, criminal and constitutional law.

LAW 450.3

Registration Info — 2003-2004 Regular Session» Western Canada Moot
1/2(3L)

The Western Canada Moot is a criminal trial moot. The students will prepare jury addresses, examination in chief, cross-examination, and arguments on the law and evidence, for use at trial. The students work with a fact situation, witness statements, and exhibits. Volunteer witnesses assist students in practicing examination in chief, and cross-examination and opening and closing jury addresses. In addition, the students will spend time analyzing the legal and evidential problems, reviewing the case law governing the problems, preparing memorandum on the issues, and delivering arguments to the presiding trial judge on these issues. Two team members will be selected to present the case at the Western Canada Moot competition. If the team is successful, they will attend the national competition for the Sopinka Cup in Ottawa, in March of each year.

LAW 451.3

Registration Info — 2003-2004 Regular Session» Evidence II
1/2(3L)
Prerequisite(s): LAW 351.

An examination of the Law of Evidence from a critical perspective. First, an examination of the history, rationale and reform of evidence rules and statutes. Second, an examination of the Charter and Evidence law. Third, an examination of selected topics which bring an interdisciplinary, comparative or other relevant perspective to Evidence law.

LAW 452.3

Registration Info — 2003-2004 Regular Session» Trial Advocacy
1/2(3L)
Prerequisite(s): LAW 351.

Advocacy techniques, practice and tactics in civil and criminal trial fora. Topics covered will include: the essentials of direct examination and cross examination, chambers advocacy, examinations for discovery, impeachment of witnesses, occurrence witness testimony, expert witnesses, the use of exhibits, family law, pre-trial conferences, closing arguments and addresses as well as sentencing.

LAW 456.3

Registration Info — 2003-2004 Regular Session» Conflict of Laws
1/2(3L)

Conflict of Laws or Private International Law, as it is also widely known, deals with the analysis and resolution of legal problems involving more than one jurisdiction. Using cases primarily from Tort, contract, property, and matrimonial law, the student learns how to characterize a legal issue, how to determine which jurisdiction is the most appropriate forum and which jurisdiction's law governs the issue, and how to evaluate the significance of factors that influence the recognition and enforcement of the foreign judgments.

LAW 457.3

Registration Info — 2003-2004 Regular Session» International Law
1/2(3L)

An examination of the legal principles governing the conduct of states and other subjects of international law. Topics studied will include the creation and ascertainment of international law, application of international law in domestic and international tribunals, sovereign immunity, diplomatic relations, law of armed conflict, international protection of human rights and international environmental protection.

LAW 459.3

Registration Info — 2003-2004 Regular Session» Jessup Moot
1/2(Nov.-Feb.)(3S)

This seminar is designed for students who wish to participate in the Canadian Regional Round of the Jessup International Law Moot Court Competition. The seminar will involve discussion of contemporary problems in public international law relevant to argument in the Jessup Moot, a survey of important cases decided by the World Court, and the preparation of a paper or brief that could serve as a basis for argument on the current moot topic assigned. A team of four or five students will be selected to represent the College at the forthcoming Moot. The seminar is recommended mainly for those with an aptitude for public speaking and exacting research.

LAW 460.3

Registration Info — 2003-2004 Regular Session» International Trade Law
1/2(3L)

A study of the important law aspects of major international trade agreements. International economic integration arrangements, and international business transactions. The following topics will be examined: The World Trade Organization Agreement (WTOA), the North American Free Trade Agreement (NAFTA), Canadian trade law and some aspects of international private trade law.

Note: Students are encouraged to have completed International Law 457.

LAW 461.3

Registration Info — 2003-2004 Regular Session» Business Organizations II
1/2(3L)
Prerequisite(s): LAW 361.

An examination of the different vehicles that may be employed as alternatives to the corporation for the purpose of carrying on a business. The structures examined include the sole proprietorship, master/servant relationship, agency relationship, partnership, joint venture, limited partnership, business trust, co-operative corporation and franchise. The characteristics of these structures and other factors which influence the choice of business vehicle are explored in detail.

LAW 462.3

Registration Info — 2003-2004 Regular Session» Co-operative Law
1/2(2S-1R)
Prerequisite(s): LAW 361.

A study of the co-operative corporation as a business form and the theory of co-operative enterprise. The first part of the seminar will look at co-operatives from a legal perspective. Among other things, the following topics will be discussed: incorporation, members' rights, directors' duties and obligations, taxation of co-operatives compared with other business units, and consideration of special types of co-operatives such as Credit Unions. The second part of the seminar will attempt to view the co-operative in a broader, social perspective. Reliance will be placed on various resource people, if available, in discussing these broader aspects. The third part of the seminar will be devoted to papers presented by the student members of the seminar.

LAW 463.3

Registration Info — 2003-2004 Regular Session» Fiduciary Obligations
1/2(2S - 1R)

This seminar is concerned with the law regulating the actions of fiduciaries. A fiduciary is a person who undertakes to act for the benefit to others. Society imposes on such persons a general obligation to refrain from taking a direct or indirect benefit for themselves. This obligation is comprised of a number of general and specific principles. Those principles, and the remedies available to the trusting party, are explored in detail.

LAW 466.3

Registration Info — 2003-2004 Regular Session» The Law of Trade in Agricultural Products
1/2(2S-1R)

The study of the effect of regional and international trade agreements on North American agricultural policy, particularly with respect to market access, subsidization, and technical standards. Topics will include the effect of the North American Free Trade Agreement (NAFTA) and World Trade Organization (WTOA), including tariffs and non-tariff barriers and granting of minimum access for agricultural products; permissible limits for domestic support and export competition subsidies; new rules concerning safety standards for the production and trade of agricultural products; and the compatibility of existing domestic agricultural and environmental policies.

Note: Although it would be advisable for students to have taken one or both of LAW 363 and 460, neither is a prerequisite to or corequisite of LAW 466.

LAW 467.3

Registration Info — 2003-2004 Regular Session» Labour Law
1/2(3L)

A study of the legal concepts, institutions and procedures of labour law in Canada: the contract of employment at common law; legal protection of the right to organize; status under collective bargaining legislation; the concept of exclusive bargaining agent; the role of labour-relations tribunals; industrial dispute resolution mechanisms; and internal union affairs.

LAW 468.3

Registration Info — 2003-2004 Regular Session» Labour Relations
1/2(2S-IR)
Prerequisite(s): LAW 467.

A seminar devoted to a consideration of the arbitration system and process. The first part of the seminar focuses upon case and doctrinal analysis. In addition, all students are required to participate in a mock arbitration hearing and write a paper dealing with an approved aspect of labour relations. A further requirement is that a summary of the paper must be presented to all members of the class.

LAW 469.3

Registration Info — 2003-2004 Regular Session» International and Comparative Labour Law
1/2(3L)
Prerequisite(s): LAW 467.

A seminar which will examine the efforts which have been made to apply the concepts of international law to issues of trade union representation and collective bargaining. Examples of these efforts may be found in the conventions of the International Labour Organization and in the North American Agreement for Labour Co-operation, which was concluded as an agreement collateral to the North American Free Trade Agreement. In addition, there will be discussion of the comparative legal regimes governing collective bargaining which are in place in a number of industrialized countries.

LAW 470.3

Registration Info — 2003-2004 Regular Session» Business Finance
1/2(2S-1R)
Prerequisite(s): Law 361.

A seminar that introduces students to the legal regulation of business finance. Students will explore the variety of legal considerations and mechanisms involved in financing the operations of business undertakings. Topics addressed include types of securities, debt versus equity covenant patterns, dividend features, asset securitization, income trusts and securities.

LAW 471.3

Registration Info — 2003-2004 Regular Session» Family Law II
1/2(3L)
Prerequisite(s): LAW 372.

Examines current debates on the definition and significance of the family including issues related to the legal rights of cohabitants, the legal status of gay and lesbian relations and the welfare implications of being defined as a member of a family unit. One or more of the following issues pertaining to the regulation of family life will also be explored: access to reproductive technology, child apprehension, the legal position of children of unmarried parents, and laws relating to spousal violence and child abuse. Finally, the course will cover the law on private agreements and the process of mediation and will also briefly examine the enforcement of Saskatchewan support orders.

LAW 474.3

Registration Info — 2003-2004 Regular Session» Children and the Law
1/2(2S-IR)

Despite heightened interest in the welfare of children, reflected in a greater measure of state protection and legal remedies, the actual treatment of children by parents, by the law and by the state fluctuates widely. There is little consensus on standards of child rearing or state responsibility for children; nor is there a coherent theory of childhood which would shed light on the debate. Lack of consensus on what interests of children should ground legal duty, and the weight given to often-unarticulated doctrines of privacy and parental rights and autonomy, compromise the realization of the equality of children before and under the law. These issues will be explored from an interdisciplinary perspective through examination of the relationship of child, family and state; theories of children's rights, including rights of the young offender; child abuse theory and construct; dilemmas in civil and criminal intervention, and alternate families.

LAW 477.3

Registration Info — 2003-2004 Regular Session» Taxation I
1/2(3L)

Deals with federal income taxation which focuses on basic tax principles and underlying theoretical concepts. The taxation unit concentrated upon is the individual. Topics normally covered in the course include procedure, statutory interpretation, the tax base, measurement of income, deductions, exemptions, and capital gains.

LAW 478.3

Registration Info — 2003-2004 Regular Session» Taxation II
1/2(3L)
Prerequisite(s): LAW 477.

Focuses upon taxation of entities other than the individual including corporations, trusts, and partnerships. Also examines tax aspects of transactions which lawyers often encounter in practice. Knowledge of the basic concepts covered in the introductory income taxation course is essential.

LAW 479.3

Registration Info — 2003-2004 Regular Session» Tax Planning
1/2(2S-IR)
Prerequisite(s): LAW 477.

Consideration of areas of income tax law one most commonly comes across in practice of law. Topics normally include: tax avoidance and tax evasion, planning aspects of corporate tax law, planning aspects of Shareholder Agreements, tax planning for farmers, income tax implications of marriage and divorce, estate freezing and implications of corporate reorganizations as well as tax implications of tax sheltering techniques.

Note: Preference will be given to those who have previously taken LAW 478.

LAW 486.3

Registration Info — 2003-2004 Regular Session» Law and Psychiatry
1/2(2S-IR)
Prerequisite(s): LAW 351.

Introduction to psychiatric theory; the methodology of psychiatric diagnosis and modern psychiatric treatment; the role of psychiatrists in the legal process. Psychiatry and the criminal process: remand for mental examination, fitness to stand trial, sentencing, automatism, insanity and dangerous offenders. The concept of competency: contractual and testamentary capacity. Civil commitment of the mentally ill: a comparative study. The psychiatrist as expert witness. Selected problems.

LAW 490.3

Registration Info — 2003-2004 Regular Session» Law Review
1/2(3S)

This course publishes the Saskatchewan Law Review. The work involves selecting and editing material submitted for publication, participating in policy decisions, proofreading, and other miscellaneous tasks. Each student also undertakes written work for possible publication in the Review.

Note: A one-year commitment to the Review is required. Academic credit is, however, awarded only for one term. Students will designate the term for which academic credit is awarded.

LAW 495.3

Registration Info — 2003-2004 Regular Session» Individual Directed Research
1/2(3S)

This seminar allows interested students to undertake a substantial research project. Enrolment is limited to two students for each of the professors willing to take on student(s). The course is not timetabled as a convenient meeting time can be arranged to suit the instructors and students concerned. Students must approach individual professors with a research proposal. All proposals must be approved by the Studies Committee.

Special Topics

These courses are offered occasionally by visiting faculty and in other special situations. Students interested in these courses should contact the department for more information.

LAW 398.3

1/2(3L)

LAW 399.6

1/2(3S)

LAW 498.3

1/2(3L or 2S-1R))

LAW 499.6

1&2(3S)

GRADUATE COURSES
College of Graduate Studies & Research

LAW 801.3

Registration Info — 2003-2004 Regular Session» Native Rights I
1&2(3S)

A range of areas relating to the legal status and rights of native people both in Canada and also in such other countries as the United States, New Zealand and Australia. Includes aboriginal land rights, treaty rights, hunting and fishing rights, the Indian Act, constitutional structures, human rights, affirmative action, the impact of the criminal law, taxation and commercial law. Assessment will be based primarily upon a series of written assignments submitted by the student, approximately 6-8 tutorial papers.

LAW 802.3

Registration Info — 2003-2004 Regular Session» Native Rights II
1/2(3S)

Covers specific topics in areas relating to the legal status and rights of native people not covered in LAW 801. Assessment will be based primarily upon written assignments submitted by the student, approximately 2-4 tutorial papers.

LAW 810.3

Registration Info — 2003-2004 Regular Session» Jurisprudence
1/2(3S)

Current debates within the Western idea of law will be at the core of the literature canvassed in this seminar. The selected topics addressed will not be restricted to legal theory, but may extend to writers in the fields of political and moral philosophy.

LAW 898.3, 899.6

Registration Info — 2003-2004 Regular Session» Special Topics
1/2(3S), 1&2(3S)

Individualized research projects may be undertaken with the supervision of faculty members often in conjunction with courses offered in the College of Law. Topics are chosen in consultation with faculty advisors to complement areas of thesis research. Assessment will be based primarily upon a series of written assignments prepared by the student over the term. Topics chosen may be selected from the following areas: Aboriginal Law, Commercial Law, Constitutional Law, Criminal Law or Human Rights, subject to faculty availability.

LAW 990

Registration Info — 2003-2004 Regular Session» Seminar

Presentations regarding current research will be made by visiting faculty, faculty and graduate students. All graduate students in residence must make a presentation at least once each year. The seminar may also seek to provide for review of current literature and developments.

Note: All graduate students are required to attend, and to participate in the course to the satisfaction of the Law Graduate Studies Committee. This is a non-credit course.

LAW 994

Registration Info — 2003-2004 Regular Session» Research

Completion of original research and writing of an LL.M. thesis.