This course covers the basic principles of contract law, including how a contract is formed; what is an offer; what constitutes acceptance; whether all promises are enforceable as a contract; when parties should be allowed to avoid obligations; what happens if one party misrepresents the quality of subject matter of the contract; what happens when a party makes a mistake about what they buy or sell; what should happen if one party takes advantage of another for a better deal for themselves. May not be held with LAW 1100.
Mutually Exclusive: LAW 1100
A general introduction to criminal law and procedure dealing with principles of criminal liability, common defenses to criminal charges, selected specific offences, and the basic procedures to be followed in the administration of criminal justice in Canada.
An examination of the legal problems arising from the nature of the Canadian political structure and, in particular, the distribution of legislative powers between the federal parliament and the provincial legislatures and an introduction to the impact of the Canadian Charter of Rights and Freedoms.
A general introduction to the law of torts and other compensation systems such as the Workers' Compensation and Criminal Injuries Compensation schemes.
A general introduction to the principles of property with special emphasis on the principles of real property, their historical development and modern application.
An introduction to the study of law including initial analysis of various aspects of legal history, the structure of the legal system, legal reasoning, statutory interpretation, dispute resolution and the role of the judiciary.
An introduction to legal research and writing skills and oral advocacy. This course is graded on a pass/fail basis.
The law of testate and intestate succession, Part IV of The Marital Property Act, and The Dependents' Relief Act.
The nature and functions of modern inter vivos and testamentary trusts. The creation of express, private trusts, charitable trusts, resulting trusts, and constructive trusts. The administration of trusts, and real and personal remedies of beneficiaries under trusts.
A study of the rules relating to the admissibility and weight of evidence in judicial proceedings. May not be held with LAW 2600.
Mutually Exclusive: LAW 2600
An overview of key legal issues regarding familial relationships and family breakdown in Canadian society. Topics include cohabitation, marriage, separation, divorce, child custody and access, spousal and child support and property division.
A detailed study of the conduct of a case from its inception through to trial. The course requires that students prepare and conduct a trial. This course is graded on a pass/fail basis.
An introduction to the rules of civil procedure. May not be held with LAW 2670
Mutually Exclusive: LAW 2670
Most legal disputes settle before trial. This course examines how lawyers assist their clients through effective interviewing, counseling, strategic planning and negotiation as well as some of the mechanisms, both judicial and non-judicial, that facilitate pre-trial dispute settlement.
A study of the major legal, practical and policy issues arising out of the formation and operation of business organizations in Canada, with a particular focus on business corporations. Students will examine major principles of Canadian corporate law, including corporate personality, management power, majority rule and minority protection.
The object of this course is to develop a working knowledge of the basic principles and rules of the income tax system as these apply to individuals. A parallel objective is the discovery of the major policy positions that inform the personal income tax system and the development of the ability to use tax policy analysis to evaluate advantages of, and problems with, the current system.
Explores the legal, practical and social realities of international business transactions.
The course will deal with the doctrine, practice and policy issues in international trade and business.
An advanced study of corporations law from various theoretical and practical perspectives.
Critical and constructive study, at an advanced level, of a significant major subject or set of topics in Human Rights Law.
The primary purpose of this course is to train students in lawyering skills. Students will be required to engage in classroom work and participate in simulated exercises. Emphasis will be given to the difference between board and court advocacy.
Introduction to the basic principles of insurance law. The fundamental elements to most types of policies will be examined with particular emphasis on property and liability insurance. The terms and provisions specific insurance policies and coverages such as automobile, property, liability policies will also be covered.
A general introduction to the problems of professional responsibility and the ethics of lawyers individually, as well as the legal profession collectively. Topics dealt with will include ethical problems of the lawyer in the role of the advocate and in the role of counsellor (confidentiality, conflict of interest, etc.); professional responsibility in the delivery of legal service (competency, fee determination, specialization, regulation etc) and the legal profession and the public interest (governance of profession, discipline, professional liability etc) These problems are to be studied by the critical examination of case law, codes, canons, and other published materials, by classroom discussion and debate on problems; and by workshops and panels which involve practising lawyers.
An in-depth examination of the law of Trade-marks and Patents, including underlying policy objectives.
An in-depth examination of the law of Copyright.
Details in each case to be worked out with the Associate Dean. 10,000 words for 3 credit hours. May not be held with LAW 3490.
Mutually Exclusive: LAW 3490
Students will be expected to provide research assistance to the Justices, and students will be asked to provide written memoranda and other research to help the Justices prepare for trail or application hearings. Discussions of legal issues may follow from the work that students do. May not be held with LAW 3250 when titled " Court of Queen's Bench Clerkship" Grading: Pass/Fail.
Mutually Exclusive: LAW 3250
Students will be expected to provide research assistance to the Justices, and students will be asked to provide written memoranda to help the Justices prepare for hearings. Discussions of legal issues may follow from the other work that students do. Grading is on a Pass/Fail basis.
A study of secured transactions and negotiable instruments.
An exploration of ideas about gender differentiation in law, the legal system, legal education and the legal profession. It will offer an introduction to the feminist critique of law and feminist theories about sexual equality and discrimination.
Relationships between child, family, state and law are examined within an interdisciplinary context, focusing on such issues as rights theories and the public/private distinction; regulation of young offenders, child protection and state intervention; children in the courts; and the particular challenges of older children/ young adults at the boundary between childhood and adulthood.
This course investigates the origins of, and regulation of, charities and charity law as well as regulation of other non-profit entities. Typical topics considered in this course include the social, economic and cultural importance of an ethic of giving, the tax benefits attendant upon charitable status, dimensions of fund-raising, public and private foundations and terrorism and international charities.
This course will serve as a bridge between the introductory family law course and the Advanced Family Law course, enabling students to develop a deeper understanding of the issues in this area of the law and to be better prepared to assimilate the necessary skills to be successful in this high demand area of practice. Registration restricted to students in Year 3. This course is evaluated on a pass/fail basis. May not be held with LAW 3250 when titled Clinical Family.
PR/CR: A minimum grade of C is required unless otherwise indicated.
Prerequisite: LAW 2640.
This course offers a detailed exploration of the theory and practice of dispute resolution focusing on the various approaches, private and court-connected, currently used to resolve conflict. In critically examining selected alternative dispute resolution mechanisms, the course exposes students to issues such as rights-based and interest-based dispute resolution, power, gender and culture in ADR processes and the functions, and skills required of, third party interveners. May not be held with the former LAW 3160 or LAW 3162.
Mutually Exclusive: LAW 3160, LAW 3162
The refugee definition; the need for refugee protection; procedural protection for refugee claimants; a comparative study of refugee determination systems; the legality of a refugee sanctuary movement; the legal status of refugee claimants in Canada; refugee and immigrant detention; the relevance of Charter guarantees to refugees and immigrants; visa requirements and airline fines; the international system of refugee protection; racist intention and effect in immigration and refugee law; material misrepresentation as a ground of exclusion; medical inadmissibility; equivalence of Canadian and foreign criminal offenses for purposes of exclusion; the relevance of foreign laws in determining family composition of sponsored immigrants. May not be held with LAW 3200.
Mutually Exclusive: LAW 3200
Credit for selected students who satisfactorily participate in those academic competitions approved by Faculty Council. This course is graded on a pass/fail basis.
The course shall provide an overview of land claims and treaty land entitlement policies in Canada and their impact upon land claims by Aboriginal communities.
Critical and constructive study, at an advanced level, of a significant major subject or set of topics. This course is graded on a pass/fail basis.
Mutually Exclusive: LAW 3032
The primary purpose of this offering is to train students in lawyering skills in the criminal law area. To this end, instruction is given on an intensive basis in small groups. Students may be required to engage in classroom work; to participate in various forms of simulation exercises and to conduct actual client based cases under the supervision of the instructor. Particular emphasis will be given to questions of professional responsibility and ethics. Registration restricted to students in Year 3. This course is evaluated on a pass/fail basis. May not be held with LAW 3300.
Mutually Exclusive: LAW 3300
A study of the laws relating to Aboriginal Peoples in North America from the colonial period to the present. Special emphasis will be given to aboriginal rights, hunting and fishing rights, the legal aspects of Indian Treaties and the Indian Act. A more general treatment will be given to a study of Aboriginal Peoples' relationship to civil and criminal law in modern Canadian society.
A detailed study of employment law including employment principles, constructive and wrongful dismissal, just cause, human rights and remedies.
The object of this course is to explore the law and policy related to the regulation of tainted finance. It aims to critique and appraise the merits of governance, both international and domestic. It begins with a broad overview of the relationship between tainted finance and global problems and then moves to consideration of discrete aspects. May not be held with LAW 3980 when titled " Global and Domestic Governance -Tainted Finance".
This course will study legal popular culture. This course will critically examine television programs and films that are concerned with law, lawyers and justice. This course will study them with a view to discovering how popular culture constitutes law (the influence of popular culture on law) and how law helps create popular cultural understandings of justice, including popular perceptions of lawyers and legal institutions (the influence of law on popular culture). This course will theorize about the capacity of law and popular culture to generate social meaning. This course will use a number of theoretical approaches including: critical legal studies, feminist legal theory, film studies, conflict resolution theory, and cultural studies theory. These theories will inform readings of the TV shows and movies, and will help students critically question the visions of justice advanced by both the theories and the popular culture. In doing so, the course also critiques the jurisprudence (or legal philosophy) offered in popular culture films and television shows and examines key concepts such as justice and equality. May not be held with LAW 3980 when titled “Law and Popular Culture.”
The vast majority of criminal charges result in a conviction, whether by guilty plea or conviction at trail. This seminar focuses on the principles and practice of sentencing, while also looking in some detail at the sanction of imprisonment, penal policy and prisoner's rights. This course will be run as an advanced seminar class. May not be held with LAW 3980 when titled " Sentencing".
Advanced topics in trial presentation, procedure and evidence with concentration on jury trials.
This course deals comprehensively with the law of agency, including the various ways in which and authorities with which an agent can be empowered, the contractual and tort liabilities of Principals, Agents and Third Party's arising from an exercise of authority by Agents, and the duties and rights of Agents. The pairing of the law of agency and partnership is natural because the law of agency is a foundational pillar of the partnership business form. Next to the corporation, partnership is the most common form in which entrepreneurs carry on business. The course will provide an introduction to the law governing partnerships. May not be held with LAW 3980 when titled " Agency and Partnership".
This course will serve as abridge between the academic study of law and the practice of law. Connecting academic study with community service through structured reflection contributes to learning that is deeper, longer lasting and more generalizable to new situations and contexts. An Internship will provide opportunities for cooperative experiences and addressing legal problems, this will require students to engage in problem solving by drawing on the substantive knowledge they have acquired over the course of their law studies. May not be held with LAW 3250 when titled “Current Legal Problems - Internship”. This course is graded on a pass/fail basis.
This course explores how individuals seek to manage their legal problems b engaging with and navigating the civil justice system in Manitoba. Topics which may be covered in the course include: public legal services; the proliferation of self-represented litigants; the role of pro bono services; rural and remote Access to Justice (A2J); the cots of justice; the state of A2J research; the provision of legal services by non-lawyers; on line dispute resolution; and, technology, innovation and the legal practice of the future. May not be held with LAW 3980 when titled " Access to Justice".
This course provides students with an introduction to Canadian bankruptcy insolvency law under the Bankruptcy and Insolvency Act. By the end of the course students will understand the main components of Canadian bankruptcy and insolvency law as well as the key policy issues. May not be held with LAW 3980 when titled " Bankruptcy and Insolvency".
This course surveys selected issues involving sexual work, performances, expression and the criminal law. The main focus of the course is on the development of obscenity and indecency laws, prostitution-related laws, voyeurism laws, artistic expression, revenge pornography, cyber sexual crimes, bestiality laws, campus sexual regulation and hateful sexual speech. Study of these topic areas is based on a doctrinal, socio-legal and anthropological history of sexual regulation beginning in ancient Pompeii and leads to an assessment of law in modern day Canada. The course thus explores theories underpinning freedom of expression, equality and liberty. The course engages doctrinal issues in criminal law, constitutional law, tort law and to a certain extent, jurisprudence and the philosophies inherent in law and society approaches. WARNING: This course contains graphic (though legal) sexual content. May not be held with LAW 3980 when titled " Sexual Expression, Conduct and Work in Canada".
The Moot Researcher will be expected to conduct the research necessary for a University of Manitoba team for a specific national moot competition. The Moot Researcher must actively participate in the writing and editing of a factum and attend all meetings of the moot team as a group, including oral advocacy practices. The workload of the researcher is expected to be closely monitored by the faculty supervisor. Activities assigned by the supervisor might include the following: attending the competition with the moot team, to conduct exigent research arising at the competition; writing memorandums of law or bench memos to assist with the factum preparation or questions arising out of practices; and writing a reflective paper. The researcher will be required to docket her/his time. Although considerable time and effort is involved, the exercise provides a unique and rewarding development of the skills necessary for appellate research. May not be held with LAW 3250 when titled “Moot Researcher.” This course is graded on a pass/fail basis.
This course will provide students with the wherewithal to conduct legal research across a number of jurisdictions using both print and digital formats. Students are evaluated on a number of research exercises, a midterm examination, a major research pathfinder and a presentation of research results.
From a law perspective, the study of animals thus provides opportunity to think critically about: Crown ownership versus private property ownership; regulatory takings; natural resources and environmental legal frameworks; tort law; trade law; property law; intellectual property and regulation of biotechnology; regulation of food and agriculture; migrant workers and employment and immigration law and policy; animal health and welfare; animal rights and standing; and ultimately, the role of law. May not be held with LAW 3980 when titled " Animals and the Law".
This course examines the intersections between law and resistance, including the ways in which individuals, groups and/or communities may challenge the dominant power of various entities (governments, institutions, corporations or other organizations, Indigenous communities) or individuals and the decisions they make and the actions they take. The course shall also explore the spectrum of responses that legal systems employ to legitimize or punish the conduct of such resisters. Acts of resistance may have an impact (directly or indirectly) in shaping the law-its creation, interpretation or enforcement. May not be held with LAW 3980 when titled " Law and Resistance".
Le cours de Droits linguistiques aborde les differents aspects juridiques et politiques de la protection par l'etat de sa diversite linguistique. Apres une introduction mettant !'accent sur le contexte social, politique et culture! des droits linguistiques au Canada et au Manitoba, le cours examinera le droit constitutionnel et legislatif applicable au niveau federal et dans les provinces canadiennes, les droits linguistiques autochtones, et la protection des droits linguistiques en droit international et ailleurs au monde. Le cours se conclura par un examen des visions des communautes de langues officielles en situation minoritaire (et tout particulierement, la communaute franco-manitobaine) face a leur avenir. May not be held with LAW 3980 when titled " Language Rights". Taught in English and French.
A study of how statues and regulations are made in the Province of Manitoba, and how lawyers can effectively represent their clients in the context of lawmaking by politicians, civil servants and regulators.
The course deals with the legal aspects of prevention, creation, alteration, maintenance and termination of life through medical and other scientific means.
A study of the basic concepts and application of the securities regulatory system in Canada. May not be held with LAW 3390.
Mutually Exclusive: LAW 3390
This is a perspectives course. It will cover legislation, case law and practical drafting techniques in many areas in order to better equip students in the practice of law, and at the same time invite students to reflect upon the political and social issues that arise as "cyberlaw" develops. Subject matter of the course: The legislation, court decisions, policy debates and practical drafting and litigation techniques connected with the internet and e-commerce. A variety of issues will be covered, including: freedom of expression issues, jurisdiction, internet speech regulation; online privacy issues; intellectual property issues, including domain names and downloading of copyright material; internet commerce issues, such as the law of contracts pertaining to online contracting. May not be held with LAW 3980 when titled “Internet and Ecommerce Law”.
The historical background of the Canadian legal system.
A study of the law relating to damages, specific performance, injunctions, and other equitable remedies.
A study of federal tax laws as they affect corporation income, as well as a discussion of the effects of income tax laws on corporate and other commercial planning.
A study of taxation principles as they relate to partnership and trust income and estate planning.
An introduction to administrative law generally, with concentration on the judicial review of the exercise of statutory authority by administrative entities.
This course follows the general introduction to the complexities and principles of criminal law presented in earlier courses on criminal law and evidence. It emphasizes the ways in which these complexities and principles play out in practice and has a strong practical component. It is well-suited for students considering working in the field of criminal law. The first half of the course will address the demands placed on prosecutors and defence counsel at various points of a prosecution, including, inter alia, application for judicial interim release, the preparation of pre-trial motions, direct and cross-examination, and sentencing. These demands are not only statutory, but also logistical, tactical and ethical. The second half of the course will look at these demands in the context of certain "special" criminal law contexts, including, inter alia, impaired driving, young offenders, domestic violence, and drug prosecutions. Registration restricted to students in Year 3. May not be held with LAW 3250 when titled “Intensive Criminal Law”. Grading: Pass/Fail.
The rules of Criminal Procedure and principles underlying and unifying such rules with a particular emphasis on the effect of the Charter of Rights and Freedoms on those rules.
The balance between technical development and the life-support capacity of the environment. The acquisition and nature of private rights in natural resources and their control by legislation and common law. Remedies for environmental degradation. Constitutional and international legal issues.
An introduction to civil law; a brief historical survey, codification, judicial philosophy, detailed study of selected comparative law topics in tort and contract with special reference to the Civil Code of the Province of Quebec. An introduction to Soviet law, detailed study of selected topics in Soviet law.
This course provides students with a fuller appreciation and knowledge of several topics of interest and importance for Canadian public law, including the changing boundaries of public law in our "shrinking" state, the scope and meaning of judicial, administrative and bureaucratic independence, the role of international human rights norms in Canadian constitutional and administrative law, the intersection between the Canadian Charter of Rights and Freedoms and administrative law and the role of guidelines, policies and other "soft law" in public administration. Although focused on Canadian public law, the course may include a comparative component and draw from the public law experience of other jurisdictions. May not be held with LAW 3980 when titled “Advanced Public Law”.
PR/CR: A minimum grade of C is required unless otherwise indicated.
Prerequisite: LAW 3530.
The law relating to vendors and purchasers of land and to mortgages and other security on land.
Public international law has a complex history, one that lends itself to conflicting interpretations. It has also been the object of a variety of competing theoretical projects, most of which diverge radically on questions of form and substance. This course provides an historically and theoretically reinforced introduction to the basic rules, principles, and institutions of public international law.
A survey of the development of trade unions; their present status under both federal and provincial legislation regarding the right of association, collective bargaining, and the settlement of disputes.
The course will provide students with hands-on experience in working with scholarly writing. Students will develop their evaluation and critical analysis skills through the process of editing for publication all submissions to the Journal. May not be held with the former LAW 3820 or the former LAW 3822. Grading: Pass/Fail.
Mutually Exclusive: LAW 3822
The course will provide students with hands-on experience in working with scholarly writing. Students will develop their evaluation and critical analysis skills through the process of completing full substantive and copy edits on two or three articles during the course of the year. Working as Senior Editors students will develop their interpersonal skills by communicating with authors and by supervising and managing the work of Junior Editors. May not be held with LAW 3250 when titled “Advanced Scholarly Publications”. Grading: Pass/Fail.
This course examines the causes of wrongful convictions, how to avoid them, detection mechanisms and remedies that should be provided under international instruments when a miscarriage of justice has occurred. The course starts by examining the environmental factors that nurture a miscarriage of justice, including the adversarial system of criminal justice. It then examines the role of the various players in the criminal justice system, and how each can inadvertently feed into a wrongful conviction - individually, or in combination with other factors. May not be held with LAW 3980 when titled “Preventing Wrongful Convictions”.
Students who are selected to act as student supervisors at the University Law Centre during the summer and who continue to actively serve the University Law Centre during their third year may, by successfully completing a written assignment approved by a faculty supervisor, opt for the Legal Aid Clinic. May not be held with LAW 3830. Grading: Pass/Fail.
Mutually Exclusive: LAW 3830
It has to do with choosing what place to sue, what law applies when the law of more than one place might apply, and with the enforceability of judgments through foreign courts. May not be held with LAW 3850.
Equiv To: LAW 3850
A study, involving practical exercises of certain aspects of solicitors' work, including interviewing, negotiating, counseling and memo writing.
A general course in municipal law, including important aspects of land-use control and planning law. Although the course deals generally with the nature, structure, functions, and powers of the various units comprising the local level of government, the focus is primarily on municipal corporations. Topics covered include assessment and taxation, land-use planning and control, tort liability, judicial review of bylaws, qualification and accountability of councillors, and the law relating to expropriation,as well as some discussion of contemporary urban problems.
An in-depth study of the legal, philosophical and historical foundations of the Canadian Charter of Rights and Freedoms. Included is a study of both the American and European experience with Charters of Rights as well as Canadian case law.
Critical and constructive study, at an advanced level, of a significant major subject or set of topics.
The primary purpose of the Externship is to allow students an opportunity to work in a legal context where they gain professional knowledge and skills related to law, the legal profession and legal practice. Particular emphasis will be given to questions of professional responsibility and ethics. Within the workplace, students will be required to participate in various forms of exercises and to conduct work within an actual work setting where they face real day-to-day work situations under the supervision of practicing lawyers. Depending on the nature of the placement, they may be required to engage in classroom work. Registration restricted to students in Year 3. Grading: Pass/Fail.