Class readings

 

Julian Hermida

Ø     Course outline and FAQ

 

1.     What does class participation consist of?

2.     Why do you need to discuss class activities and class discussions in the tests, essays, and final evaluation?

3.     What is the class methodology? How will classes be conducted?

4.     What is the policy about written assignments?

5.     What is the attendance policy for the course?

6.     What is the policy about privileges?

 

Ø     Positivism

 

1.     What is the notion of Law for Positivists?

2.     Give, at least, 2 examples of a law for Positivist legal scholars not mentioned in the text.

3.     Name, at least, 2 Positivist legal scholars mentioned in the text.

4.     Explain Donald Black’s idea on respectable people and the law.

 

Ø      Social approaches to the concept of law

 

1.     What is Ehrlich’s notion of law?

2.     What is Malinowski’s notion of law?

3.     What is Malinowski’s goal for the scientific study of law?

4.     According to Ehrlich and Malinowski, why do people follow the law?

5.     What is Max Weber’s notion of law?

6.     What are Donald Black’s and Roscoe Pound’s notion of law?

 

Ø     The Moon Agreement by Reynolds

 

1.     What is the author’s main thesis?

 

Ø     Legal traditions

 

1.     What is civil law? How does the author define it?

2.     What is common law? How does the author define it?

3.     What is a mixed jurisdiction? Give an example mentioned in the text.

4.     Outline the main characteristics of civil law.

5.     Outline the main characteristics of common law.

6.     What are the main differences between civil law and common law?

 

Ø     The Conceptual Divisions of Law

 

1.     What are the main classifications of law?

2.     Are these absolute categories?

3.     Give examples of Public and Private Law mentioned in the text.

4.     Give examples of Public and Private Law not mentioned in the text.

 

Ø     Sources of Law

 

1.     What are the main sources in Canadian Law?

2.     What is the role of court decisions?

3.     From the text on Mixed Jurisdictions, do you think that sources have the same hierarchy in Civil Law and Common Law?

4.     What is your opinion about books of authority as sources?

 

Ø     Criminal Law

 

1.     What is the purpose of Criminal Law?

2.     How would you define a crime?

3.     What is actus reus?

4.     What is mens rea?

 

Ø     Constitutional Law

 

1.     What are some of the exclusive powers of the Canadian Federal government?

2.     What are some of the exclusive powers of the Canadian provincial government?

3.     Briefly summarize the history of Canadian Constitutional Law by making reference to the main documents?

4.     What is the hierarchy of the Charter of Rights and Freedoms? What is the difference of hierarchy between the Charter and the Bill of Rights?

5.     What are the equality rights?

6.     Explain section 24 remedies.

7.     What is the Oakes test?

8.     Can the goal of Aboriginal self-government be accomplished within the existing structure of federal governance?

9.     Can Quebec be accommodated within the Constitution Act, 1982?

 

Ø     Academic legal writing

 

1.     What is the general organization of a law review essay?

2.     What do you need to cite? How is this different from essays you write for other courses?

3.     What is a preemption check?

4.     What are the main differences between academic legal writing and writing in other disciplines?

5.     What are the major steps recommended by Lebovits for writing a law review article?

 

 

Ø     Contracts

 

1.     What is a contract in common law? Civil law?

2.     Are there contracts in Aboriginal law?

3.     How is a contract formed in common law? Civil law?

4.     What is a breach of contract?

5.     What is convergence? Are civil law and common law marching toward convergence? Why? Why not?

 

Ø     Prostitution

 

1.     Is prostitution illegal in Canada?

2.     What are the crimes surrounding prostitution?

3.     What are their elements?

4.     What is Andrea Dworkin’s main thesis? Do you agree? Why? Why not?

 

Ø     Torts

 

1.     What is a tort?

2.     What are the main types of torts?

3.     Explain negligent torts. Give examples.

4.     Explain intentional torts. Give examples.

5.     Explain strict liability torts. Give examples.

 

Ø     Legal method

 

1.     What is the legal method?

2.     What are its main aspects?

3.     What are the flaws of the legal method?

4.     What is stare decisis? What does it emphasize?

5.     What is Lobingier’s main thesis? Do you agree? Why? Why not?

6.     What is Hoeflich’s main thesis? Do you agree? Why? Why not?

7.     What is Aldisert’s main thesis? Do you agree? Why? Why not?

 

Ø     Family Law

 

1.     Analyze the jurisdictional (federal vs. provincial) aspects of family law in Canada?

2.     What is the main reform introduced by Bill C-38? Do you agree with same sex marriage? Why? Why not?

3.     Discuss the evolution of the divorce in Canada.

4.     What are the current grounds for divorce?

5.     What is DeCoste’s main thesis?

 

Ø     Immigration Law

 

1.     What type of law is Immigration Law?

2.     What are the main immigrant classes?

3.     Analyze refugee laws in Canada.

4.     What are Dauvergne’s main theses?

 

Ø     Corporations

 

1.     What is a corporation?

2.     What is the main purpose of incorporation?

3.     What does limitation of liability mean?

4.     What is the governance structure of a corporation?

5.     What are the main principles of corporate law?

6.     What is Greenfield’s main thesis?

 

Ø     Interpretation

 

1.     Does Canada have uniform interpretation guidelines?

2.     What are the three main principles of statutory interpretation? Give examples of each.

3.     What are the flaws of these principles?

4.     Which principle, if any, do you agree with most?

5.     What is Ross’ main thesis?

 

Ø     Sexual harassment

 

1.     What is sexual harassment?

2.     What are the main types of sexual harassment?

3.     What is the legal approach to sexual harassment in Europe?

4.     What is the legal approach to sexual harassment in North America?

5.     What are the main advantages and disadvantages of each approach?

6.     Which one do you agree with?