First Year Academic Program

Posted: December, 2024

First Year Courses JD Academic Programs

2024-2025

CONSTITUTIONAL LAW (SECTIONS):

CONSTITUTIONAL LAW (LAW106H1F) Ian Lee

First term: 5 credits

This course provides an introduction to the law of the Canadian Constitution. It examines the federal structure of government, the relationship between Indigenous peoples and the Canadian State, and the constitutional protection of individual rights and freedoms. Substantive content includes the Constitution’s history and text; methods of constitutional interpretation, analysis and argument; and an examination of selected federal and provincial powers, Aboriginal rights and rights guaranteed under the Canadian Charter of Rights and Freedoms.

Evaluation: Three hour, closed-book final exam (100%).

CONSTITUTIONAL LAW (LAW106HS) David Schneiderman

Second term: 5 credits

This course provides an introduction to the law of the Canadian constitution. The course examines the law of federalism, Aboriginal and treaty rights, and the Charter of Rights and Freedoms. We consider such things as the origins and structure of the Canadian constitution, the role of judicial review, general principles of interpretation with regard to the distribution of legislative authority, key principles arising under Aboriginal and treaty rights, and a selection of rights and freedoms under the Charter.

Evaluation: Will be by a qualified open book, final 3-hour examination during the scheduled examination period in December.

CONSTITUTIONAL LAW (SMALL GROUPS):

CONSTITUTIONAL LAW A (LAW136Y1Y) Jean-Christophe Bédard-Rubin

Both Terms: 6 credits

This course provides an introduction to the law of the Canadian constitution. It examines the Charter of Rights and Freedoms, federalism, and Aboriginal rights. The course considers the structure of the Canadian constitution, the role of judicial review, and general principles of interpretation with regard to the distribution of legislative authority, constitutional rights and freedoms, and Aboriginal rights. Selected federal and provincial powers, Aboriginal rights, and rights guaranteed by the Charter will be examined.

Evaluation: It will be 90% for short essays (3 essays of 2000 words each) and 10% for participation.

CONSTITUTIONAL LAW B (LAW137Y1Y) Jean-Christophe Bédard-Rubin

Both Terms: 6 credits

Evaluation: It will be 90% for short essays (3 essays of 2000 words each) and 10% for participation.

CONSTITUTIONAL LAW C (LAW138Y1Y) Anna Su

Both Terms: 6 credits

Evaluation: Written assignments (85%) and class participation 15% (10% participation in class and electronic discussion board and 5% attendance).

CONTRACT LAW (SECTIONS):

CONTRACT LAW (LAW101H1F) Catherine Valcke

First term: 5 credits

This course examines the enforcement of promises and agreements. The matters considered include the requirements of enforceability, remedies for breach, the effect of contracts on third parties, the effect of writing, and excuses for non-performance. These excuses include unfairness, unexpected circumstances, and public policy.

Evaluation: Will be evaluated by a 3 hour closed-book final examination in December worth 90% of your grade and 10% participation.

CONTRACT LAW (LAW101H1S) Brian Langille

Second term: 5 credits

This course examines a very basic and important component of, and issue for, our economy and society – the nature and role of contract. We will also confront some basic issues in legal theory. The matters considered include the requirements of enforceability, remedies for breach, the effect of contracts on third parties, and excuses for non-performance. These excuses include unfairness, unexpected circumstances, and public policy. Throughout there is strong emphasis on how contracts are formed and interpreted.

Note: Use of laptops is permitted in class if desired – but only for notetaking and accessing readings assigned. All other devices, including phones, are to be turned off during class.

Evaluation: Three hour open book final examination (90%) and class participation 10% (based primarily on in class presentation of assigned readings). Note: class attendance is mandatory and students are required to notify Professor Langille (in advance, by email) if unable, for a good reason, to attend class.

CONTRACT LAW (SMALL GROUPS):

CONTRACT LAW A (LAW120Y1Y) Peter Benson

Both Terms: 6 credits

This course examines the main principles and doctrines of basic contract law. These include remedies for breach of contract, the requirements of contract formation, the theory of interpretation, implied terms, conditions, and excusing doctrines, principles of contractual fairness and good faith, the relation between contract law and tort law, and more. Via a careful and unrushed study of the cases, we shall try to develop a solid understanding of these different doctrines, debate competing interpretations of them, consider how they might be interconnected, and explore different approaches to assessing their possible justifications and limitations.

Evaluation: The evaluation process will consist of three written assignments, done at appropriate intervals during the year, that will count respectively 10%, 40%, and 50%. The first assignment will be ungraded. The second and third assignments will be graded. I will announce and discuss well in advance the timing and nature of each assignment. The aim will be to help students learn to write on and research substantive legal topics and to go into more depth about interesting and fundamental issues in contract law.

CONTRACT LAW B (LAW121Y1Y) Angela Fernandez

Both Terms: 6 credits

Evaluation: First Term assignment (20%); Second-Term assignment (30%); Third end-of-year assignment (30%) and Participation (20%, 10% each semester).

CONTRACT LAW C (LAW122Y1Y) Sabine Tsuruda

Contracts are often described as legally enforceable promises, but not all promises are contracts. For example, while promises to buy land and company shares are typically enforceable, promises to give family members gifts are often unenforceable. What distinguishes a legally enforceable promise from other promises? What contractual obligations does a promisor have to the promisee and when do those obligations cease? Finally, what remedies are available to the promisee if the promisor breaches a contractual obligation?

This course will introduce students to the main legal rules and principles that bear on answering these questions about the scope and operation of contract law. By discussing and analyzing legal cases, students will learn how contract law has developed in response to particular legal controversies. Students will also learn how contracts operate in practice by applying contract law to corporate agreements, employment agreements, and other contractual settings. Through such engagement with contract law, students will develop argumentative and cooperative skills central to legal practice and scholarship.

Evaluation: 20% - Fall writing assignment; 30% - Winter negotiation (10% - negotiated terms graded on a credit/no-credit basis; 20% - individual memorandum); 30% - Winter end-of-year writing assignment; 20% - Participation (10% each semester based on attendance and contributions to discussion)

CRIMINAL LAW (SECTIONS):

CRIMINAL LAW (LAW102H1F) Hamish Stewart

First term: 5 credits

This course examines the basic concepts of the criminal law through sustained attention to several core criminal offenses, notably the varieties of homicide and sexual assault. Along the way, we will also spend significant time considering inchoate crimes, accessorial liability, and defences of excuse and justification. Themes of the course include the impact of the Charter on the substantive criminal law and the scope of criminalization in a liberal society.

Evaluation: Students will be evaluated by a 3-hour open-book final examination (100%).

CRIMINAL LAW (LAW102H1S) Markus Dubber

Second term: 5 credits

This course examines the basic concepts of criminal law with particular emphasis on the elements of culpability and the conditions of excuse and justification. It seeks to understand the general part of the criminal law from the point of view of various perspectives on the aims and justification of punishment. Right-based and utilitarian theories of punishment are discussed and their implications for doctrine examined. The intersection of criminal law and the Charter forms another central theme of the course as does the distinction between criminal and public welfare offences. The aim is to understand the penal law as an integrated whole composed of several diverse but interconnected parts.

Evaluation: Students will be evaluated by a 3-hour open-book final examination (100%).

CRIMINAL LAW (SMALL GROUPS):

CRIMINAL LAW A (LAW124Y1Y) Alan Brudner

Both Terms: 6 credits

This course examines the central concepts of criminal law—the presumption of innocence, culpable act, culpable mind, outcome responsibility, justification, and excuse--as shaped by the interaction between statute, common law, and the Charter of Rights and Freedoms.

Evaluation: Written assignments (90%). Participation (10%).

CRIMINAL LAW B (LAW125Y1Y) Kent Roach

This course is an examination of the basic concepts of criminal law in the broad context of the entire criminal justice system, including certain procedural and pre-trial aspects, the Charter and the problem of the disposition of convicted offenders. The general principles of criminal liability are analyzed and applied to both Criminal Code and provincial offences. This is followed by an examination of general and specific defences that an accused may raise in criminal cases.

Evaluation: Written assignments (90%). Participation (10%).

CRIMINAL LAW C (LAW126Y1Y) Vincent Chiao

This course examines some of the basic concepts of the criminal law through sustained attention to several common offenses. We will also consider inchoate and group crimes, as well as the impact of the Charter on substantive criminal law.

Evaluation: Written assignments plus oral presentation (90%); class participation (10%).

CRIMINAL LAW D (LAW127Y1Y) Vincent Chiao

Evaluation: Written assignments plus oral presentation (90%); class participation (10%).

INDIGENOUS PEOPLES AND THE LAW (SECTIONS):

INDIGENOUS PEOPLES AND THE LAW (LAW108H1F) (0101) (0102) John Borrows

First Term: 4 credits

This course aims to address the range of considerations arising out of past and present interactions between Indigenous peoples and the Canadian legal system. Topics to be covered may include the following: the history of Crown-Indigenous relations, Indigenous legal orders, the nature of Indigenous sovereignty, Aboriginal Rights and law, Treaties, UNDRIP, the history and legacy of residential schools, and other contemporary topics.

Evaluation: Three hour, open book final examination during the scheduled examination period in December.

LEGAL METHODS (AUGUST 19 – AUGUST 30, 2024)

LEGAL METHODS AA (LAW111H1F) (0101) Yasmin Dawood

First Term: 2 credits

One of the central goals of our JD program is to train students to “think like lawyers.” The Legal Methods intensive course is designed to introduce students to the foundational information and reasoning needed to make the most of the JD program from the outset.

The course will provide general background information on the foundations of the Canadian legal system, such as the important legal institutions, the distinction between private and public law, the sources of law, and the relationship between core first year courses.

The course will emphasize legal analytical methods and techniques used by law students. The course provides an introduction to analyzing and briefing cases, teaching students to identify key elements of a case and how to use precedents. The course also introduces students to statutory interpretation, the interaction between courts and the legislature, and an introduction on to how to prepare for and write law school exams.

Evaluation: This class is evaluated on a credit/no credit basis. To receive credit for the course, a student must attend all classes and satisfactorily complete two assignments: (1) a take-home briefing exercise; and (2) an in-class legal writing exercise.

LEGAL METHODS BB (LAW111H1F) (0102) Simon Stern

First Term: 2 credits

LEGAL METHODS CC (LAW111H1F) (0103) Anna Su

First Term: 2 credits

LEGAL RESEARCH & WRITING (WINTER TERM)

LEGAL RESEARCH & WRITING (LAW149H1F) (0101) Sandy Lockhart

First Term: 2 credits

Legal research and writing introduces students to the way lawyers read, write, analyze and frame legal arguments. Students learn research and writing skills by engaging in numerous in-class exercises and preparing as assignments various legal documents including a legal memorandum and a factum. To maximize the pedagogical benefit to students, active engagement and participation in class is encouraged.