The Law School is located in the Weldon Law Building on the main university campus. Designed to meet the special needs of law students and staff, the building contains class and seminar rooms, faculty and administrative offices and lounge space for students and staff. The Law Library, opened in October 1989, houses our collection of over 202,000 volumes of common law materials and legal periodicals which includes a very good selection of international legal materials, and a fast-growing marine and environmental law section. Our marine and environmental law holdings represent one of the best collections of its kind in the world, attracting scholars from many countries. The law school publishes the Dalhousie Law Journal, a well-respected legal periodical.
The full-time JD program at Dalhousie entails three years of study. The first year program is entirely compulsory, while the second and third year programs are, for the most part, optional. The first year program consists of the following seven classes: Judicial Rule-Making and the Law of Contract, Criminal Justice: The Individual and the State, Orientation to Law, Fundamentals of Public Law, Legal Research and Writing, Property in its Historical Context, and Tort Law and Damage Compensation. The second year required classes are Civil Procedure and Constitutional Law. The third year required class is The Legal Profession and Professional Responsibility. As well, students in second and third year are required to complete at least one “major paper” class per year. A more detailed description of all our class offerings follows.
A limited number of students are permitted to complete their JD on a part-time basis, subject to more detailed regulations set out below. The intent of this program is to accommodate the special needs of individuals for whom three years of full-time attendance at Law School could cause hardship or even inability to attend at all.
The Law School is home to the Dalhousie Health Law Institute, the Law and Technology Institute, and the Marine & Environmental Law Institute. For details, please consult the section on “Centres and Institutes” in this calendar.Schulich School of Law has an active clinical law program, Dalhousie Legal Aid Service. Through its community law office in downtown Halifax, the Clinic provides a legal aid service for low-income clients in the Halifax-Dartmouth area. Students, lawyers and paralegals conduct cases for individual clients and also work in areas of community development, preventive law and law reform, all under the supervision of staff lawyers and faculty members. The Clinic also acts as a teaching centre for third-year students. The law school offers another type of clinical experience, dealing solely with criminal law, in which, to complement special classes and seminars, students are assigned to either a judge, a Crown Counsel, or a defence lawyer, to observe and participate in criminal law work. Students receive academic credit for both clinical programs.
The Law School, in conjunction with several other faculties, offers four combined degree programs. The JD/MBA program allows students to obtain the Juris Doctor degree and the Master of Business Administration in four years instead of the five which would be required to take the degrees separately. The JD/MPA (Juris Doctor/Master of Public Administration), the JD/MLIS (Juris Doctor/Master of Library and Information Studies), and the JD/MHA (Juris Doctor/Master of Health Administration) are similarly structured to permit the completion of the two degrees in four years instead of the usual five. Students intending to make application to any of the combined programs should inquire directly to the Registrar's Office, Dalhousie University.
Students are able to participate in several mooting programs. All second and third year students are required to participate in Moot Court, second year students as counsel, and third year students as judges. The best second year counsel compete in their third year for the Smith Shield, a prestigious Dalhousie award. As well, students can participate in the Jessup International Moot Court Competition, a world-wide competition on a problem of international law, the Canadian-American (Trilateral) Moot Court Competition (among Dalhousie, the University of New Brunswick and the University of Maine), the Laskin Moot (an administrative-constitutional moot), a Securities Law Moot and the Gale Cup Moot Court Competition (among all Canadian common law schools), and the Sopinka Trial Advocacy Competition.
Dalhousie, in cooperation with the Supreme Court of Nova Scotia, offers a voluntary Judge's Clerkship Program for third year students. This program, which is in addition to regular classes and not for credit, allows qualified students to spend one week during the term with a Supreme Court Justice in Chambers, and offers a valuable and practical learning experience. Some students each year may also have the opportunity to act as student assistants, for credit, to the N.S. Appeal Court and some may do the same with the Nova Scotia Supreme Court.
Schulich School of Law has established exchange programs with the University of Maine School of Law at Portland, National University of Singapore, the Canadian civil law schools, the EU Consortium of Law Schools and the North American Consortium on Legal Education with law schools in the United States and Mexico. Third year students may do one term at these schools for academic credit at Dalhousie. There is also the possibility of directed research classes to be taken at the Vrije Universiteit, the Netherlands, for academic credit at Dalhousie.
The law school has an active graduate degree program, offering both the Master of Laws (LLM) and the JSD (Doctor of Laws) degrees. The Master's degree is normally acquired on the basis of thesis and class work, and can be taken either full-time in one year or part-time over two years. The Master's degree may also be taken on the basis of class work only, which is particularly appropriate for part-time students. In recent years, supervision has been offered in the following areas, among others: international law, human rights law, health law, administrative law, constitutional law, taxation, business law, labour law, law of the sea, maritime law, fisheries law, environmental law, critical race and legal theory and feminist legal scholarship. A particular interest has been developed in marine and environmental law, which has been designated as a field of special emphasis in the faculty. More detailed information on the graduate degree program follows.
All law students are members of the Law Students' Society which appoints representatives to faculty committees, arranges for speakers to visit the school, and organizes social events and programs. It also oversees publication of a law students' newspaper, The Weldon Times, The Dalhousie Journal of Legal Studies, and the annual yearbook. Dalhousie has an active sports and social program with something to appeal to most students. Some of the student organizations active at the school are the Association of Women and the Law, the Environmental Law Students' Society, the Dalhousie Aboriginal Law Students Association, the Dalhousie Black Law Students Association, the John Read International Law Society, and the Speakers' Committee. Dalhousie University features a major athletics and sports complex known as Dalplex. Indoor facilities there include a 50 metre swimming pool and a gymnasium/field house the size of a football field.
Funding may also be available for students who are Mi'kmaq or Indigenous Black Nova Scotians and who are part of Schulich School of Law's Indigenous Black and Mi'kmaq (IB and M) Initiative. For further details, please see the description of the IB and M Initiative on @XREF@page 51 of this calendar.
The Dalhousie Law Alumni mission statement: To promote cohesion of the community of Dalhousie Law graduates and support the Law School in its mission to provide a first class legal education incorporating liberal and professional elements, to students interested in the study of law.
The association has established branches in Alberta, British Columbia, Saskatchewan, Manitoba, New Brunswick, the Yukon and the Northwest Territories, Nunavut, Southern Ontario, Southeastern Ontario, Québec, Newfoundland, Prince Edward Island, and Cape Breton, Nova Scotia. Each branch organizes its own local activities. Association members participate in admissions interviews. They act as firm contact persons for articling applicants, and take part in student information seminars on practice and law-related careers. In addition, each year the Association organizes an Alumni dinner, held in conjunction with class reunions.
The law alumni magazine and newsletter, Hearsay and the Ansul respectively, are each sent out once a year to all graduates of the school to keep them informed of the latest events at the law school. In conjunction with the Law Students Society, the Law Alumni Association administers the Award for Excellence in Teaching Law. The Dalhousie Law Alumni Association also sponsors The Weldon Award for Unselfish Public Service. This annual award is given to a graduate for recognition of their unselfish public service to the community, and serves as a tribute to the school's first dean, Richard Chapman Weldon.
Preliminary surveys of students conducted in June of their graduating year indicate that placement has been well over 96% for the past several years.
Under the Rules and Regulations of the Nova Scotia Barristers’ Society a student desiring admission to the Bar of Nova Scotia must serve under articles of clerkship with a practising solicitor for a period of twelve consecutive months after receiving a degree in Law from Dalhousie or any other approved University. Students are also required to complete the Bar Admission Course, and to pass examinations given during the Course.
Students who complete a period of articles in another province may apply to the Credentials Committee of the Barristers' Society for credit towards the twelve month requirement.
The Law Society of Upper Canada admits holders of the Dalhousie Juris Doctor degree to the Bar Admission Course conducted by the Society for candidates for admission to the practice of law in Ontario.
In other provinces of Canada where the common law system is in effect the degree of JD from Dalhousie is recognized as fulfilling academic qualifications and as preparation for practical training for admission to the Bar. Information concerning particular elective classes recommended by the law society of a Province for inclusion in a student's class of studies is available from the Career Development Office.
The change took effect September 1, 2011 and those entering our first year class in September 2011 and in subsequent years will graduate with a Juris Doctor (JD) degree. Students currently enrolled in the program will have the opportunity to graduate with their choice of an LLB degree designation or a JD degree designation.
Conversion of Degrees
Graduates of the Bachelor of Laws (LLB) program have the option to convert their degrees from LLB to a JD if they wish. If a graduate chooses to do nothing, their degree will remain as originally awarded. There is no time limit on conversions.
To have a Bachelor of Laws (LLB) degree converted to the Juris Doctor (JD), graduates must complete and return the Application for Change of Degree Designation form. The form can be found at http://www.registrar.dal.ca/forms/index.html. There will be an administrative fee of $50 to cover the cost of conversion of the LLB to JD This is the standard parchment replacement cost and includes any courier delivery costs.
Those who convert from LLB to a JD must submit the completed form along with their original LLB degree parchment and fee to the Registrar's Office. The replacement parchment will be printed in English; reflect the degree name as Juris Doctor; and bear the signatures of the current Dean, President and Chair of Senate. The date on the parchment will be the date the replacement parchment is produced. The lower left hand corner of the parchment will bear a red ink stamp with the words “Issued to replace original Bachelor of Laws dated __________”; which will be the date the original LLB was awarded.
Any graduate who has lost their original parchment must submit an affidavit from a lawyer, commissioner of oaths or a notary public to confirm the loss, stating their full name, birth date, current address, graduating year, degree and circumstances of the loss.
The degree parchment can be picked up from the Registrar's Office or will be mailed by courier based on the preference indicated on the form. Please note that once a graduate has chosen the Juris Doctor (JD) option, they will not be able to return to the original designation of Bachelor of Laws (LLB).
When the degree is converted, the official University record will also be adjusted and the change noted. The conversion will be noted on the transcript as follows: Bachelor of Laws: DD-MM-YYYY, followed by the comment: Converted to Juris Doctor: DD-MM-YYYY.
One copy of the revised official transcript will be enclosed at no cost with the new parchment.
For further information or assistance with degree conversions, please contact:
Janet MacDonald, Convocation ClerkStudents applying for admission are required to submit results of the Law School Admission Test, a service of the Law School Admission Council ( http://www.lsac.org). The test is offered several times per year across Canada and the U.S., usually in October, December, February, and June. LSATs written in June will not be considered for positions in the class commencing the following September.
The Admissions Committee may consider applications as soon as they are received or it may postpone consideration of some or all applications until June. A non-refundable deposit of $200 is required to hold a place in the law program. All prepaid deposits are applied to the first installment due for tuition fees. Prospective applicants should confirm from the faculty that this information has not been changed subsequent to this printing.
| a. | has received, with high standing satisfactory to the Admissions Committee, the degree of Bachelor of Arts, Science or Commerce, or an equivalent degree from Dalhousie University or from another degree-granting college or university recognized by the Senate; or | ||
| b. | has at least three full years' of study after junior matriculation or two full years after senior matriculation of a class leading to the degree of Bachelor of Arts, Science or Commerce or an equivalent degree at Dalhousie or at another degree-granting college or university recognized by the Senate. Normally, this means that the applicant is within one year of receiving a degree in the undergraduate program followed. For the purposes of this rule junior matriculation means Nova Scotia Grade XI or equivalent and senior matriculation means Nova Scotia Grade XII or equivalent. | ||
Mature applicants must be twenty-six years of age on or before September 1st of the year for which they seek admission to law school. Mature applicants are also required to write the Law School Admissions Test, to have an interview with the Admissions Committee, and to submit to the Committee a detailed resume of their non-academic experience along with letters of assessment from persons who are familiar with their contributions and achievements. The Committee is particularly interested in gathering information with respect to the candidates' ability to organize their life and their work in order to cope with the demands of law school, their ability to reason and analyze, their ability to express themselves orally and in writing, and their potential for contribution to the community. Generally, the Committee requires, as a minimum, an accumulation of five or more years of experience in a candidate's particular field of endeavour. Candidates are strongly encouraged to successfully complete some university-level courses before applying.
The Initiative involves:
| • | community outreach and recruiting; | ||
| • | a holistic approach to assessing applicants; | ||
| • | limited financial support, based on need, for students who meet the definitions of “Indigenous Black” and “Mi'kmaq” set out below; | ||
| • | the facilitation of Aboriginal and African Canadian legal scholarship; | ||
| • | the provision of academic support, upon request; and | ||
| • | the provision of career placement support. | ||
The primary focus of the IB&M Initiative is on students who are either:
| • | Indigenous Black Nova Scotians; that is, individuals who are Black and | ||
| • | were born or raised in Nova Scotia or | ||
| • | have a substantial connection with a Black community in Nova Scotia, or | ||
| • | Mi'kmaq; that is, individuals who are Mi'kmaq and | ||
| • | were born or raised Mi'kma’ki or | ||
| • | have a substantial connection with a Mi'kmaw community. | ||
The IB&M Initiative places the admission of African Nova Scotian and Mi'kmaq students as its priority, however, other Black and Aboriginal students are also urged to apply to the Schulich School of Law. If in any given year all qualified Indigenous Black and Mi'kmaq students have been admitted and there are still spaces available through the IB&M category, the Admissions Committee may decide to admit Black students who are not indigenous to Nova Scotia and Aboriginal students who are not Mi'kmaq.
It is recommended that all students who apply for admission through the IB&M Initiative have completed a university degree or at least ten university credits prior to admission. A limited number of mature students may be admitted, where it is determined that the applicant has demonstrated that the length and quality of his or her non-academic experience is equivalent in substance to the formal academic education required of other applicants.
The application form for the IB&M Initiative is the same as the application form for all students applying to the Schulich School of Law and applicants are required to write the LSAT. Applicants should indicate their desire to be considered for admission through the IB&M category on the Law School Application Form, and in their personal statement. The Admissions Committee reviews all applications and determines which applicants should be interviewed.
| 1. | In addition to completing the regular admissions package, submit a brief written statement outlining your reasons for seeking admission to the Part-time Studies Program and indicating whether you wish to do First Year on a full-time or half-time basis. This statement should be in addition to the Personal Statement which forms part of the regular application material. Admission to the Part-time Program is limited. Not all students who meet the standards for acceptance to the JD program will be permitted to do the degree on a part-time basis. You should note that, in considering whether to admit an applicant into the Part-time Studies Program, the Committee in its discretion will give special consideration to factors such as family responsibilities, financial hardship, employment commitments, and health problems. Note that students in the part-time program take a reduced number of courses, but those courses are offered with the regular full-time students. No special evening classes are offered. | ||
| 2. | Students already accepted into the full-time JD who wish to enter the Part-Time Studies Program should write a letter supplying the information requested in the previous paragraph and send it to Ms. Rose Godfrey, Admissions Office, Schulich School of Law, Halifax, Nova Scotia, B3H 4H9. This letter may be sent along with your confirmation of acceptance and your deposit. It may also be sent at any time before registration, though earlier applications are likely to fare better than later ones. Take note that, even for those already accepted into the full-time JD, acceptance into the Part-Time Studies Program is not automatic. | ||
| 3. | Applicants interested in the Part-Time program should contact the law society of any province in which they might want to practice law, in order to ascertain whether a Part-time JD from Dalhousie meets individual law society requirements. | ||
The application deadline is on or about February 15 each year and students wishing to undertake an exchange must forward a letter of interest and CV to the Assistant Dean of Student Services. Selection, done by the International Linkages Committee of the faculty, is competitive and the following criteria, among others, may be considered: fluency in local language of instruction; demonstrated interest in a particular field of law which is an area of emphasis or specialization at the exchange law school in question; reasons for studying abroad; how the exchange experience will enhance career plans; academic performance (students must have at least a B grade average in law school). No student shall receive credit for participation in more than one exchange program.
Students wishing to obtain further details on existing exchanges, listed below, are advised to consult the latest information available at the Law Library’s Reserve Desk (listed under Exchange Programs) or consult materials on the Schulich School of Law website. A public information session about available exchange opportunities is normally held in the law school each January. Appropriate websites, faculty liaison persons and the Chair of the International Linkages Committee may also be consulted.
Students wishing to study away on a letter of permission for a year or a term at another Canadian law school should speak to the Associate Dean, Academic for more details. Students who spend a term at another Canadian law school will not be permitted to participate in an exchange program during the same academic year.
Students interested in getting involved in such a program must have sufficient capacity in the French language to attend classes given in French, although examinations could be written in English.
The Faculty of Law has also established exchanges with Lund University in Lund, Sweden (consult http://www.jur.lu.se/Quickplace/interstud/Main.nsf/h_Toc/710f5c397bead433c125753f004eb2c2/, and with the private Bucerius Law School in Hamburg, Germany consult http://www.law-school.de/exchangeprogram.html?&L=1). Up to two Dalhousie students may study in one term at any of these three institutions, although the students going to Bucerius may do so only in the Fall Term as Bucerius runs a special Fall Section for all incoming students.
Note: The Studies Committee oversees the implementation of the faculty academic regulations in specific cases. The Associate Dean is the Chair of the Studies Committee.
The Academic Year consists of one session of two terms* covering a period of about thirty weeks. Please consult the faculty for final confirmation of start and end dates.
*There is a third term in the summer for Dalhousie Legal Aid Clinic students only, the dates of which are May 1 - August 31 inclusive.
| 1. | All students are expected to attend the classes of their prescribed courses regularly and punctually. | ||
| 2. | They must appear at all examinations and prepare all essays and assignments satisfactorily. | ||
| 3. | In determining pass lists the standings attained in prescribed class exercises and research work and in the various examinations are taken into consideration. | ||
Additional rules apply in the following specific situations:
| a. | Applicable only to Third Year - The University “up-and-down” Rule: A Third Year student who, without recourse to supplementals, fails only one class and attains an average on the work of the year that exceeds 50% by twice as much as the failure in the class is below 50% is permitted to graduate. Please note this rule is not applicable to mandatory courses such as Legal Profession and Professional Responsibility. | ||
| b. | A Part-time Rule for Those with One Failure: A student in Second or Third Year who fails only one class and, without recourse to supplementals, is not eligible for or does not opt for advancement or graduation under (a) may take the class again on a part-time basis and may write the next regular examination or assignment in the class. Where the failed class is optional, the student may petition the Studies Committee for permission to take a class or classes other than the one that was failed. This part-time year counts as one of the four years during which a student must complete the full-time JD course to qualify for the degree. For greater certainty, the choice is between writing a supplemental exam (where eligible) or re-taking the course, but not both. | ||
| c. | Supplemental Privileges - Clinical Law, Clinical Class in Criminal Law | ||
(i) For the purposes of paragraphs (a) and (b) of these Pass Requirement rules, a failure in Clinical Law or in the Clinical class in Criminal Law shall be deemed to be a failure in more than one class.
(ii) Except as provided in clause (iii) a student who fails Clinical Law or the Clinical Class in Criminal Law shall not be entitled to supplemental privileges and shall be deemed to have failed the academic year.
(iii) The Studies Committee may permit supplemental privileges to a student who has failed either Clinical Law or the Clinical Class in Criminal Law where:
| • | The basis of a failing grade is the student's paper, in which case a written memorandum may be authorized as the mode of supplemental examination; or | |||
| • | The failure is related to a specific assignment that can be replicated as a supplemental. | |||
Where it can be established that, for medical or personal reasons, a student's ability to write an examination is significantly hampered, the Studies Committee or the Student Accomodation Office may allow the student to write a special examination. Requests for special exams must be made as soon as possible, and before the exam is to be written. Where a student becomes ill during an exam, the student must immediately contact the Associate Dean's Office, before the end of the exam.
Where it can be established that for medical or personal reasons a student's ability to work on a major paper or other assignment has been significantly hampered, the student may request an extension on the paper or assignment. Such a request must be made as soon as possible, and in all cases before the paper or assignment is due.
A student wishing to be readmitted to law school after a medical withdrawal must provide substantiating medical evidence to the satisfaction of the Studies Committee of their ability to resume their studies.
Where the Studies Committee has received a request from a student in two or more consecutive semesters for deferral of exams or assignments due to an ongoing medical condition or other personal circumstances, the Studies Committee may require the student to provide further medical or other documentation regarding their ability to continue with their studies, and may determine that the only appropriate accommodation is a medical withdrawal from the academic year or term.
Students permitted to write special examinations or complete special assignments will be entitled to write supplemental examinations or complete supplemental assignments should they fail the special, provided they otherwise meet the requirements for entitlement to write supplementals. Moreover, a student who encounters medical or personal difficulties in preparing for or writing a supplemental assignment may, upon petition, be granted permission to complete the class requirements by supplemental procedures at a later date.
All special and supplemental exams are written in July of the same academic year as the regular exam. Special and supplemental assignments and papers must be completed by the date determined by the Studies Committee. Students are responsible for ascertaining from the professor the scope of the material to be covered in a special or supplemental exam, as special and supplemental exams serve different purposes and may cover different material.
Where a student fails a class and writes a supplemental examination, both the mark in the final examination and the mark in the supplemental examination appear on the record. Supplemental examinations and assignments are marked “Pass” or “Fail”. A student's mark in the regular examination or assignment is used for all purposes connected with the computation of the average, including class standing. Marks in supplementals are used only for purposes relating to the satisfactory completion of a particular class.
| 1. | Students writing examinations in Schulich School of Law are expected to act honourably, in accordance with the spirit as well as the letter of these regulations. Invigilation is provided primarily to assist students with problems. Where there is no invigilation, and particularly in the case of supplementals, specials and other examinations not written in the normal course of events, these rules apply with such variations as are practically required. | ||
| 2. | Time for Writing Examinations - All examinations in the Law School shall commence at the appointed hour and, in the absence of an extension of time granted to the class generally by the instructor who sets the paper, they shall end at the appointed time. In the event of a student being late for an examination for justifiable cause, he or she shall report this fact as soon as is reasonably practicable to the Associate Dean or his or her nominee, and the Associate Dean, or nominee, in consultation with the examiner, shall have authority to make immediate alternative arrangements for the student to sit the examination. The term “justifiable cause” includes, but is not restricted to, temporary illness, delay caused by a snowstorm or transportation difficulties. | ||
| 3. | (i) Identification of Examination Papers - Examinations in the Law School are written by code number only and students must not write their names on exam papers or otherwise seek to indicate their authorship. Students will be provided with code numbers before the commencement of examinations and must record their code number on each examination booklet or submitted paper. Students should also indicate the name of the class, the professor's name and the date of the examination on the first page of the examination paper. | ||
| (ii) It is a serious matter for a student to circumvent, either intentionally or otherwise, the anonymity of the examination process by identifying themselves on a Law School exam. An obvious case of self-identification is the placing of one’s name on the cover or on any other part of the exam paper. Self-identification may take an indirect form as where a student informs a professor after the exam that he or she has written the exam in a particular distinctive ink colour. Where a professor believes that a student has self-identified, they should report the matter to the Associate Dean. The Associate Dean shall then refer the matter to the Studies Committee. | |||
| Gratuitous references in an exam answer to personal identifying information shall constitute self-identification within the meaning of this regulation. However reliance on and reference to personal background or experience relevant to answering the question shall not constitute self-identification. | |||
| A student who is granted an accommodation by the Studies Committee which results in an exam written at a time or in a format which might identify the student will not be found to have self-identified within the meaning of this policy. | |||
| Where the Studies Committee determines that a student has deliberately or carelessly identified him or herself on an exam, the Committee shall impose a five per cent penalty. The imposition of the penalty does not depend on finding of intent to self identify. The fact of self-identification is sufficient to warrant the imposition of the penalty. | |||
| 4. | Use of Materials by Students - Unless otherwise specified by the instructor concerned, no printed or written materials may be consulted by a student during the examination. When reference to printed or written materials by a student during the examination is permitted the instructor or nominee will indicate this fact to the class in advance and will list at the beginning of the question paper all permitted materials. It is an academic offence to bring prohibited material into an examination. Students who bring prohibited material into an examination shall be referred to the Senate Discipline Committee. | ||
| 5. | Prohibited Materials - Materials not permitted for reference in an examination must be left outside the examination room but not in the hallways or lavatories in general use during the examinations. | ||
| 6. | Data Transmission Devices Prohibited - With the exception of computers being used for the purpose of writing an exam, data transmission or storage devices such as cell phones, smart phones, etc. are not permitted in the exam room. | ||
| 7. | Communication Between Students - Students shall not communicate or attempt to communicate with other students during examinations. | ||
| 8. | Smoking and Noise in the Examination Room - Smoking is not permitted in the Law School. Students are reminded that any noise is distracting to others writing an examination. | ||
| 9. | Leaving the Examination Room During Examination - A student may, with the permission of the invigilator, but only then, be permitted to leave the room and return to the examination. Only one student may be excused at a time, and, when permitted to leave, must do so as quietly as possible. The only areas considered “in bounds” for students outside the examination room are the hallways adjacent to the room, and corridors and stairways connecting student lavatories. All other areas are out of bounds, including lockers. | ||
| 10. | All examinations shall be typed or written in blue or black ink unless otherwise permitted by the professor in the particular course. | ||
| 11. | Submission of Examination Papers to Invigilator at end of Examination - Students must submit their examinations promptly when the invigilator signifies that time has expired, whether the answers are completed or not. | ||
Please consult the Schulich School of Law Regulations Handbook on the Law School website or the Associate Dean’s Office for specifics about how late penalties are calculated.
NOTE: Where self-disclosure or prior arrangements have not been made with the University, Dalhousie is not liable to accommodate special needs owing to a physical, intellectual, or psychological disability.
| Letter Grade | Equivalent | ||
| A+ | 85-100 | ||
| A | 80-84 | ||
| A- | 78-79 | ||
| B+ | 75-77 | ||
| B | 70-74 | ||
| B- | 68-69 | ||
| C+ | 65-67 | ||
| C | 60-64 | ||
| D+ | 55-59 | ||
| D | 50-54 | ||
| F | Below 50 (failure) | ||
| INC | Incomplete | ||
| PENDING | Awaiting Grade | ||
The grade `INC' is a transitional grade and will be replaced by a letter grade upon the student completing the requirements of the academic year. Subject to writing supplemental examinations, a student must attain a grade of ‘D’ or better in each class, and in any event an overall weighted average of 55% to complete the work of any year. Pass or Fail grades are assigned to exchange courses, supplemental examinations and non-law classes for JD credit, as well as to some Clinical Law classes. Non-law classes (except classes by students registered in the combined JD/MBA, JD/MPA, JD/MLIS, and JD/MHSA programs) are not used to determine a student's average. Honours/Pass/Fail grades are assigned to Clinical Law and the Criminal Clinic. An Honours or Pass grade in these classes is not used in determining a student's average, except in certain circumstances where the student would otherwise fail the year, and a Fail grade in these classes is assigned a numerical value and is used in determining a student's average.
The grade of “Pending” is a temporary grade used when a student is awaiting the outcome of an academic discipline process, or in the case of a transfer student in which a final grade has not yet been received.
The following grade distribution scheme for First-Year marks has been adopted by Faculty Council. Any variation from the permissible range of marks must be approved by Faculty Council:
| First-Year | Grades | ||
| A | 10-20% | ||
| B | 40-60% | ||
| A & B together | 60-75% | ||
| C | 15-25% | ||
| D | 0-15% | ||
| F | 0-5% | ||
| 1. | Those teaching second and third year classes should take note of the first year grade curve in their evaluation and use it as a guiding principle. The larger and more traditional (i.e. lecture method, examination) the class, the more likely it is that some rough concordance with the first year curve will emerge. | ||
| 2. | The Studies Committee should perform an overseeing function with respect to second and third year grades. Prior to the Faculty marks meeting, the Studies Committee should be provided with a breakdown of the grades awarded in each of the second and third year classes and should make appropriate enquiries concerning any obvious anomalies. In the event that the committee is not satisfied with the explanation offered by a faculty member for an apparent anomaly, the committee should direct him/her to reconsider his/her marks and the Committee may bring the matter to the attention of the Faculty marks meeting. | ||
| 3. | A full breakdown of marks awarded in individual classes should be available to members of the faculty at the Faculty marks meeting. | ||
| 1. | A faculty member who teaches any class in which there is an examination, must provide a draft of the examination to colleagues for their comments. | ||
| 2. | Before handing in his/her grades, a faculty member must provide to his/her colleagues the best, an average and the worst (including all failures, if any) papers for their consideration. (This also applies to those teaching major paper classes). | ||
| 3. | The Studies Committee will have an overseeing role in the matter of grades. | ||
| 4. | Before submitting grades to the administration, a faculty member teaching any non-sectioned class must provide a sample of his/her papers or examinations (i.e. the best, an average and the worst) to a colleague for review. | ||
No method of evaluation in any class may require a major paper unless that requirement has received the approval of Faculty Council. While this constraint could be evaded by assigning papers worth only slightly less than 60%, assigning several papers, and so on, the wish of Faculty Council is that their spirit is to be respected.
Please see Major Paper Guidelines Table.
a) Research involves the ability to find, select and use effectively all primary materials (case, statutes, regulations) and secondary sources (books or articles) relevant to the topic. In many classes, a comparative analysis of material from other jurisdictions (e.g. Britain and the United States) is appropriate or even essential. Students should not rely exclusively on secondary sources, but should read the original text of major cases and statutes referred to in the literature. Research materials should include, where appropriate, non-legal sources. Empirical research by students ought to be encouraged.The table adopts the following descriptors for research (horizontal axis):
| i) | Outstanding - as defined above | |||
| ii) | Thorough- no important area of research has been missed but there are a few loose ends or other sources that ought to have been explored. | |||
| iii) | Not quite thorough - an important area of research has been missed or there are both loose ends and other sources to be explored. | |||
| iv) | Serious but Unsuccessful canvass of sources contains the failings of (iii) only more so. | |||
| v) | Mere attempt to consider sources - distinguishable from (iv) as being cursory rather than serious in considering main sources or there are clear errors in research, e.g. student fails to check for appeals of relevant decisions, and bases much of the analysis on a court of appeal case that has been reversed by the Supreme Court of Canada. | |||
| vi) | No serious research effort - self explanatory | |||
The introduction should assist the reader by providing both a clear statement of the problem that the student has chosen to analyze, the goal she/he seeks to achieve and a brief overview of the subjects she/he intends to discuss. The conclusion should play a similar role at the end of the paper, except that it should also summarize the student's conclusions. Topics should appear in a logical sequence. Legal and factual material that provides the foundation for discussion of a particular issue should be set out before that issue is reached. The student should use headings to structure the paper and indicate when she/he is moving to a new topic or subtopic. There should also be transitional text to justify the shift to a new topic, explain its connection to issues previously discussed, and the like.
The table adopts the following descriptors for Organization (vertical axis):
| • | Excellent Organization | |||
| • | Well organized: A few minor flaws, but generally good logical flow | |||
| • | Moderate Disorganization throughout, but paper is generally intelligible | |||
| • | Substantial Disorganization: paper hard to follow | |||
| • | Incoherent: Disorganization is so great that paper is unintelligible | |||
Analysis relates to the student's detailed use of cases, statutes, and secondary sources within the paper to explore particular issues that she/he has identified. Good analysis will assist the reader to achieve a sophisticated understanding of the issues and relevant legal authorities without the need to read all the various sources that the student had identified through research. The student should provide a factual background adequate to permit the reader to understand the context in which legal problems arise. She/he should describe relevant legal material (cases/statutes) and important policy analysis (for example, Law Reform Commission materials) in sufficient detail to provide the reader with a clear view of any legal controversies that exist and reasoning that has been put forward to support the various positions. There are a wide variety of analytical weaknesses that may be displayed by students. Examples include missing a relevant issue or legal argument, identifying legal problems but not exploring available legal principles that may have a bearing on their solution, or stating the conclusions of cases significant to analysis of an issue without setting out the reasoning that the court used to justify its conclusions.
“Insight” involves an in-depth understanding of the fundamental issues. Good “Synthesis”, which usually demonstrates this understanding, reflects the ability of the student to integrate the diverse material that she/he has found into a conceptual framework that is clearly explained to the reader. Insight and synthesis would probably show up in a strong statement of thematic material at the outset, its use as an organizing device in the paper, and a serious attempt in the conclusion either to determine whether the initial hypothesis had been proven or to assess the conceptual apparatus for its explanatory power. Weak insight and synthesis may be demonstrated by a student's failure to integrate relevant authorities for some or all of the paper.
A better paper will draw inferences from the digested material as to the present state and future development of the law in the area researched, as well as formulating recommendations for legal changes that might improve the situation and serve appropriate policy goals. Good analysis without much insight or synthesis may be average depending on the complexity or the novelty of the topic or research method. For instance, good analysis of an original topic (see Originality infra) may be as much as can be expected and should be rewarded highly. The same quality of analysis of a topic on which there is already a body of published critical writing that provides a framework or platform for the student's paper would have to show its own insight and synthesis to rate equally highly. A paper that sets out numerous cases or articles or otherwise merely describes the results of the student's research efforts, however extensive, without attempting to extract common principles or create an analytical basis is likely to be judged as poor.
The table adopts the following descriptors for analysis-insight-synthesis (vertically within each box in the table):
| • | Excellent | ||
| • | Very Good | ||
| • | Average | ||
| • | Weak | ||
| • | Poor | ||
Because most students are competent in terms of literary style, this criterion is used to make adjustments in the grades produced by the table set out above only in extreme cases. The professor may increase or reduce the alphabetic grade result produced by the table set out above by one grade level for exceptionally strong or exceptionally weak literary style as described below:
Descriptors for literary style:
Excellent: Literary style is significantly above the norm for Dalhousie Law students.The first sort of originality relates to the topic itself. This kind of originality exists when the student selects a topic where no research has been previously undertaken in Canada (i.e. there are no Canadian secondary sources that deal with the issue that the student has selected). There may or may not be articles or books that have been published on the topic in foreign jurisdictions (e.g. the United States or Britain), but even when such foreign sources do exist, a significant degree of creativity and extrapolation is required on the part of a student who undertakes to write on a topic where no previous Canadian research is available to help with all or part of the topic. This kind of originality may exist in major papers that display weaknesses in other areas. indeed, some kinds of analytical or organizational problems may be attributable precisely to the fact that the student is working in an area where no guidance is available from previous research carried out by more experienced scholars. The professor may recognize this kind of originality relating to topic by increasing the alphabetic grade produced by the table above by one level (e.g. from a B to a B+).
The second kind of originality may appear in the way the research is approached or in the understanding that the writer has gained of the topic and is able to convey to the reader, or in the form of new and convincing insights that are unique to the student author. This kind of originality, which is the hallmark of a paper of “publishable quality”, is not mere novelty although in other contexts the word may have that meaning: the new position advocated by the student must be credible, as well as novel. A major paper may demonstrate this kind of originality, even though the topic has been previously considered by other researchers in Canada. Originality of this kind will normally be associated with good “insight- synthesis- analysis”. The professor may recognize this kind of substantive originality by increasing the alphabetic grade produced by the table above by either one or two levels depending on the extent of the originality demonstrated by the paper (e.g. from a B+ to an A, or from a B+ to an A+ grade).
The cumulative effect of increases for originality is restricted to a jump of two grade levels. In other words, a professor cannot award a student an originality increase of three grade levels by accumulating an award of one grade level for topic originality, and two grade levels for substantive originality.
| a. | Normally the paper will not be shorter than 25 pages. | ||
| b. | Normally a paper of a general descriptive nature will not meet the standards. | ||
| c. | Normally the topic undertaken will be suitable for in-depth research with legal emphasis in a limited field of inquiry. | ||
| d. | Normally the supervisor should approve the topic and the outline or draft of the paper. | ||
| e. | Faculty members should make themselves available to meet with students to discuss the graded papers. | ||
| f. | At each stage of the supervision of major papers, both the supervising faculty member and the student should pay explicit attention to each of the criteria relevant to the evaluation of the paper. | ||
| g. | Copies of the major paper guidelines should be made available to students. | ||
The Studies Committee, chaired by the Associate Dean Academic, is delegated by Faculty Council to perform an oversight role in administering the Appeal Regulations. In these regulations, reference to the Associate Dean Academic may include a person who, in the particular circumstances, has been designated by the Associate Dean Academic to act in his or her stead.
NOTE: There are several procedures in place at Schulich School of Law to ensure fairness in evaluation and consistency in grading. All exam questions are vetted by a faculty member teaching in the same area. Selected exams (including all failures) are co-read after marking is complete, but before the marks are submitted. Because of these checks, the Appeal Regulations do not provide for appeals which amount merely to seeking a second opinion. Students bear the burden of establishing the elements of an appeal. No appeal can be based upon the fact that a grade was lowered by Faculty Council in order to comply with the Grade Distribution rules.
A faculty member who, as a result of the informal review, acknowledges that an error in grading exists must, within five (5) working days of the informal review, inform the Studies Committee in writing of the nature of the error, and should indicate how the error should be rectified.
Upon receipt of such notification from a faculty member, the Studies Committee shall review the written explanation and shall decide whether amending the grade is appropriate in the circumstances.
| 1. | Any student who is considering launching a formal appeal is strongly encouraged first: | |||
| a) | to go through the informal review outlined above; and | |||
| b) | to speak with the Associate Dean Academic or the Assistant Dean Academic, to ensure that the student has a clear understanding of the substantive and procedural requirements for a formal appeal. | |||
| 2. | There are two types of formal appeal available under these regulations: | |||
| a) | Appeals based on a demonstrable error in grading (“Part I appeals”); and | |||
| b) | Appeals relating to unfairness, impropriety or incompetence (“Part II appeals”). | |||
| 3. | Any formal Request for an Appeal shall be made by letter to the Associate Dean Academic | |||
| a) | in the case of a final grade received in a winter term course or on a supplemental or special exam written during the summer by a student who is returning to Schulich School of Law the following September, not later than fifteen (15) working days following the first day of classes that September; or | |||
| b) | in all other cases, not later than fifteen (15) working days after the final grade is made available through the University online distribution system; | |||
| 4. | The written Request for Appeal shall be accompanied by a cheque in the amount of $50.00 (refundable if the appeal succeeds). The Studies Committee may waive the $50.00 fee where it can be demonstrated that the payment would cause exceptional financial hardship. | |||
| 5. | Where | |||
| a) | the Appeal Regulations stipulate a time period for a student, faculty member, or Appeal Board to take any action, and | |||
| b) | in the opinion of the Associate Dean Academic, circumstances exist that would justify an extension of that time period and the extension could be granted without imposing an undue burden on other parties, the Associate Dean Academic may, upon written request, grant an extension. | |||
| 1. | A student, having received the final grade in a class, may request a formal appeal of the grade given in any written component of the class, including the result of a special or supplemental examination, on the basis that an error has been made in grading. | |||
| 2. | An error in grading must be a demonstrable error, as opposed to a general sense that the exam or assignment deserved a higher grade. Example: Where a student can demonstrate prima facie that his/her answer accorded with the faculty member's marking guide but the faculty member gave insufficient credit for it, an error in grading may be alleged. | |||
| 3. | A Request for an Appeal under this Part shall contain the following information: | |||
| a) | The student's name and exam code number; | |||
| b) | The name of the course and of the faculty member(s) who taught and/or evaluated it; | |||
| c) | A reasonable explanation of the nature of the error in grading which the student believes affected the mark received; and | |||
| d) | A copy of the assignment or exam questions. | |||
| 4. | Where the appeal involves exam booklets or a paper or assignment not already in the possession of the office of the Associate Dean Academic, the student shall ensure that the Request for an Appeal is accompanied by the exam booklets, paper or assignment originally submitted by the student. | |||
| 5. | Upon receipt of a Request for an Appeal under this Part, the Studies Committee shall | |||
| a) | where the Studies Committee is of the opinion that the student has not, prima facie, demonstrated an error in grading in accordance with section 2, notify the student that the appeal has been terminated; or | |||
| b) | where the Studies Committee is of the opinion that the student has, prima facie, demonstrated an error in grading in accordance with section 2, permit the appeal to proceed. | |||
| 6. | Where the Studies Committee permits an appeal to proceed further, the Associate Dean Academic shall | |||
| a) | notify the student involved; and | |||
| b) | forward to the faculty member who assigned the grade in question the student's Request for an Appeal. | |||
| 7. | Within ten (10) working days of receiving the Request for an Appeal under paragraph 5(b), the faculty member shall | |||
| a) | advise the Associate Dean Academic whether he or she agrees that an error in grading occurred and shall recommend to the Studies Committee that | |||
| (ii) | the grade or mark remain unchanged, | |||
| (iii) | the grade or mark be lowered, and by how much, or | |||
| (iv) | the grade or mark be increased and by how much; | |||
| e) | give the reasons for his or her recommendation; and | |||
| f) | indicate the mode of grading used for the exam, assignment or paper in question. | |||
| 8. | Where in the opinion of the Associate Dean Academic it is impossible or impractical to obtain the recommendation of the faculty member referred to in subsection (1) within a time frame that would not prejudice the student, the Studies Committee may forward the appeal directly to an Appeal Board constituted in accordance with section 8. | |||
| 9. | The Studies Committee shall review the recommendation received from the faculty member under Section 6 and where the faculty member recommends raising the grade in the same amount requested by the student in his or her Request for an Appeal, the Studies Committee may | |||
| a) | make the recommended change in the grade, or | |||
| b) | forward the matter to an Appeal Board constituted in accordance with section 8. | |||
| 10. | Where the Studies Committee does not change the grade or forward the matter in accordance with subsection (1), the Studies Committee shall forward the faculty member's recommendation to the student making the appeal. Within five (5) working days of receiving the faculty member's recommendation, the student shall notify the Associate Dean Academic in writing as to whether or not he or she intends to continue with the appeal. | |||
| 11. | Where in accordance with subsection 7(2) the student notifies the Associate Dean Academic of his or her intention to continue with the appeal, the Associate Dean Academic shall appoint two faculty members, preferably with expertise in the subject, as an Appeal Board, to review the grade assigned and to determine whether an error has been made in evaluating the student's work. | |||
| 12. | The Associate Dean shall provide the Appeal Board with the following: | |||
| a) | the student's Request for Appeal; | |||
| b) | the recommendation of the faculty member provided under section 6; | |||
| c) | the exam booklets, paper or assignment being appealed; and | |||
| d) | copies of exams, assignments or papers from the same class that | |||
| (v) | received a grade five (5) or more marks higher than that obtained by the student making the appeal, | |||
| (vi) | received a grade five (5) or more marks lower than that obtained by the student making the appeal, and | |||
| (vii) | received the highest grade in the class. | |||
| • | Where the exam or assignment under appeal offered choice as to questions or topics, care should be taken to ensure that as far as possible the papers chosen for comparison reflect similar choices. | |||
| • | Where the student is appealing the grades received on only one or several of the questions on the exam or assignment, as far as possible, the grade variations set out in paragraph 9(d) should relate to the question or questions under appeal. | |||
| 13. | The members of the Appeal Board shall independently review the grade assigned to determine whether, in their opinion, an error has been made in grading the work of the student in the context of the mode of grading and the grades assigned the other students whose work is being used for comparison. | |||
| 14. | The members of the Appeal Board, after completing their independent review, shall meet and determine whether: | |||
| a) | the mark should remain unchanged; | |||
| b) | the mark should be lowered, and by how much; or | |||
| c) | the mark should be increased and by how much. | |||
| 15. | The Appeal Board shall report its decision, with reasons, to the Associate Dean Academic within fifteen (15) working days of its appointment. | |||
| 16. | Where the Appeal Board is unanimous that there was an error in grading, the mark under review shall be changed in accordance with the recommendation of the Appeal Board. Otherwise, the grade shall remain unchanged. | |||
| 17. | The Associate Dean Academic shall provide a copy of the decision of the Appeal Board to the student and faculty member involved in the appeal. | |||
| 1. | A student, having received the final grade in a class, may seek a formal appeal of | |||
| a) | the grade for any unwritten component of the course, or | |||
| b) | any other aspect of the evaluation method(s) used in the course, | |||
| c) | on the basis that there was material unfairness or impropriety in the manner in which the evaluation was conducted or that the evaluation was not conducted by competent evaluators. | |||
| 2. | An appeal brought under this Part will only be successful if the student can demonstrate material unfairness, impropriety or incompetence; this Part does not provide for an appeal based solely on a difference of opinion between the student and faculty member as to the mode of evaluation or the grade assigned to the student. | |||
| 3. | The Request for an Appeal under this Part shall contain the following information: | |||
| a) | the student's name and exam code number; | |||
| b) | the name of the class and of the faculty member(s) who taught and/or evaluated it; | |||
| c) | a full explanation of the nature of the unfairness, impropriety or incompetence being alleged; and | |||
| d) | where relevant, a copy of the assignment or exam questions. | |||
| 4. | Where the appeal involves exam booklets or a paper or assignment not already in the possession of the office of the Associate Dean Academic, the student shall ensure that the Request for an Appeal is accompanied by the exam booklets, paper or assignment originally submitted by the student. | |||
| 5. | Upon receipt of a Request for an Appeal under this Part, the Studies Committee shall | |||
| a) | where the Studies Committee is of the opinion that the student has not, prima facie, demonstrated material unfairness, impropriety or incompetence in accordance with section 2, notify the student that the appeal has been terminated; or | |||
| b) | where the Studies Committee is of the opinion that the student has, prima facie, demonstrated material unfairness, impropriety or incompetence in accordance with section 2, permit the appeal to proceed. | |||
| 6. | Where the Studies Committee permits an appeal to proceed under this Part, the Associate Dean Academic shall | |||
| a) | notify the student involved; and | |||
| b) | forward to the faculty member who assigned the grade in question the student's Request for an Appeal. | |||
| 7. | Within ten (10) working days of receiving the Request for an Appeal under paragraph 5(b), the faculty member shall provide to the Associate Dean Academic a response to the Request for Appeal. | |||
| 8. | Where in the opinion of the Associate Dean Academic it is impossible or impractical to obtain the response of the faculty member referred to in subsection (1) within a time frame that would not prejudice the student, the Studies Committee may decide the appeal. | |||
| 9. | The Associate Dean Academic shall forward the faculty member's response to the student making the appeal. | |||
| 10. | Within five (5) working days of receiving the faculty member's response under section 7, the student shall notify the Associate Dean Academic in writing as to whether or not he or she intends to continue with the appeal, and if so, whether he or she wishes an oral hearing. | |||
| 11. | Where an appeal is to proceed by way of oral hearing, the Associate Dean shall, within reason, attempt to set the hearing date at a time that is convenient to all parties. In no event shall the oral hearing be scheduled more than sixty (60) working days after an oral hearing is requested under section 8. | |||
| 12. | Where the appeal is not to proceed by way of oral hearing, the student shall, within ten (10) working days of receiving the faculty member's response under section 7, provide to the Associate Dean Academic a written reply to the faculty member's response. | |||
| 13. | Where an appeal is not to proceed by way of oral hearing, the Associate Dean shall forward to the Studies Committee the Request for an Appeal, the faculty member's response received under section 6 and the student's reply received under section 10, and the appeal shall be decided by the Studies Committee. | |||
| 14. | Once a formal appeal has been decided under this Part, the Studies Committee shall provide the student and the faculty member involved with a written decision, including the reasons for its decision. | |||
| 1. | Where a student has received a decision of the Studies Committee made under these Appeal regulations, he or she may request a reconsideration of that decision where the student has new information that | |||
| a) | was not and could not reasonably have been available to the student at the time of the appeal; and | |||
| b) | is sufficient to persuade the Studies Committee to change the decision. | |||
| 2. | A request for reconsideration must be made as soon as possible after the further information becomes available. | |||
| 3. | Where the Studies Committee is of the opinion that the student has met the requirements set out in subsections (1) and (2), the Studies Committee shall reconsider the matter and shall communicate the new decision in writing to the student and any others who might be affected by the decision. | |||
The full-time JD degree extends over three academic years, from September to May. A student who has failed the work of a year may, subject to the limitations of space, be readmitted, but the degree must be completed in four academic years. Students may also take a one year leave of absence during their JD as long as they successfully complete the degree requirements in four years (the “four year rule”). Student medical leaves must be approved by the Studies Committee in advance and, once approved, will not count towards the four years. Where a student establishes, to the satisfaction of the Studies Committee, that for medical or personal reasons, ability to pursue the class is significantly hampered, the Studies Committee may grant a medical withdrawal which would not count towards the four years.
The regular class requires the full time attendance of students. In the first year all subjects are prescribed; in second and third year most subjects are optional. Second and third year students must complete at least 29 credit hours, including a major paper writing requirement, each year. Permission is required before any regular law student may undertake classes in another Faculty of the University.
The policy of maintaining fairly small classes reflects the nature of teaching at the Law School. Classes are conducted by the “case method” or otherwise but with emphasis upon discussion between teacher and students, based upon assigned materials and topics that students are expected to have considered in advance. Research and written assignments are required of all students. These may involve substantial time in addition to regular class periods. The work submitted is carefully examined and then critically assessed by the teacher concerned and whenever possible a detailed criticism is provided in an oral interview.
In addition to class and writing requirements all students are required to participate in mooting exercises. Third-year students may be required to attend legal aid clinics, the law courts, and special lectures.
| • | LAWS 1000X/Y.06: Contracts & Judicial Rule-Making | ||
| • | LAWS 1001X/Y.06: Criminal Justice | ||
| • | LAWS 1002.01: Orientation to Law | ||
| • | LAWS 1003.05: Fundamentals of Public Law | ||
| • | LAWS 1004X/Y.03: Legal Research and Writing | ||
| • | LAWS 1005X/Y.06: Property in Historical Context | ||
| • | LAWS 1006X/Y.06: Tort Law and Damage Compensation | ||
| • | LAWS 2061X/Y.05: Civil Procedure | ||
| • | LAWS 2062X/Y.05: Constitutional Law | ||
| • | LAWS 2201X/Y.01: Compulsory Moot | ||
| • | An elective class with evaluation by major paper (i.e. a “paper” class)*. A student must include at least one major paper class per year, and no more than two. | ||
| • | Additional elective classes to make up a full year of studies of approximately 15 credits per week in each term. A student must have a minimum of 29 credits and may have a maximum of 31 credits per year; each term's work must include a minimum of 12 and a maximum of 17 credits. Please note that due to the fact the second year compulsory moot is worth.5 credits each term, second year students must take a minimum of 12.5 and a maximum of 17.5 credits each term for an overall total of 29-31 credits in second year. | ||
| • | LAWS 2099.02: The Legal Profession and Professional Responsibility | ||
| • | Electives: As for second year, above | ||
Students who enter the program after completion of first and second years on a full-time basis are required to complete their minimum of 29 credits over a maximum of three academic years, with a minimum class load of 8 credits in each academic year.
Please note that the regulations requiring that students successfully complete the work of second year before advancing to third year apply to part-time as well as full-time students.
An advanced graduate program in law leading to the JSD (Juris Scientiae Doctor) degree is offered to a very limited number of highly qualified candidates by the Schulich School of Law at Dalhousie University. Applicants who meet the admission requirements are invited to submit a detailed outline of their proposed thesis and a detailed description of their research plans with their application forms. Such topics will have to be limited to those areas of law for which faculty and library resources will support original work. It is expected that such resources will normally be available in marine law, environmental law, international law, comparative law, health law, law and technology, and public law/jurisprudence.
Applicants for admission to the JSD program must have demonstrated superior academic ability during their previous legal education. Normally it will be necessary to have (i) attained at least the equivalent of a Dalhousie A- average grade at the JD level and (ii) completed successfully a Master's degree in law. Preference will be given to applicants with established credentials in published scholarship of a professional calibre. The ability to conduct independent research and work easily in the English language is a prerequisite for admission. Foreign candidates are required to pass the TOEFL (Test of English as a Foreign Language) to the satisfaction of the Graduate Studies Committee of the Faculty of Law prior to admission. Applicants seeking JSD funding from Dalhousie University should ensure that their completed applications are received by the University no later than January 1 of the year in which they intend to commence their studies.
Applicants must be prepared to spend at least one full academic year (12 months) in continuous residence at Dalhousie after registration for the JSD program. The Graduate Studies Committee of the Law School reserves the right in certain cases to require the completion of a second year of residency. It is to be noted, however, that consistent with other doctoral programs at Dalhousie University, JSD candidates must pay fees at the full-time rate for two years regardless of whether they have been required to spend a second year in residence at Dalhousie.
More detailed information on the requirements for the graduate law degrees offered at Dalhousie may be found in the calendar of the Faculty of Graduate Studies.
| • | LAWS 3000.03: Graduate Seminar on Legal Education and Legal Scholarship | ||
| • | CRMBA program starts July 2, with three classes taken during July-August. | ||
| • | September to December: six more CRMBA classes. | ||
| • | January to August: mandatory eight-month Corporate Residency, plus two online classes. | ||
| • | Non-credit class in Personal and Professional Development, taken throughout. | ||
| • | Full First Year JD classes. | ||
| • | Civil Procedure | ||
| • | Constitutional Law | ||
| • | Compulsory Moot | ||
| • | A major paper class | ||
| • | 7-9 hours of law classes from the “Business Law” area (see below). | ||
| • | Other elective classes for a total of 23-25 law credits | ||
| • | 3 required half credit courses from the MBA program given a total of 6 credits | ||
| • | One CRMBA elective (three credit hours) | ||
| • | The Legal Profession | ||
| • | A major paper class | ||
| • | Three to five hours of law classes from the “Business Law” area | ||
| • | Other elective law classes for a total of 23-25 law credits | ||
| • | Four elective half classes from the CRMBA program (12 credit hours) | ||
The first and second year programs may be done in reverse order. The third and fourth year programs may be done in reverse order, with permission, except for the required law classes Civil Procedure and Constitutional Law (3rd year) and the Legal Profession (4th year).
| • | Bankruptcy & Insolvency, 2 credits | ||
| • | Business and Environment, 3 credits | ||
| • | Business Associations, 4 credits | ||
| • | Sale of Goods, 2 credits | ||
| • | Secured Transactions, 3 credits | ||
| • | Taxation of Corporations, 2 credits | ||
| • | Creditors Rights, 2 credits | ||
| • | Insurance, 2 credits | ||
| • | Corporate Transactions, 3 credits | ||
| • | Corporate Finance, 3 credits | ||
| • | Competition Law, 3 credits | ||
| • | Information Technology Transactions, 3 credits | ||
| • | International Trade Law, 3 credits | ||
| • | Law of Succession, 2 credits | ||
| • | Legal Accounting, 2 credits | ||
| • | Oil & Gas Law, 2 credits | ||
| • | Property Rights in Investment Securities, 3 credits | ||
| • | Real Estate Transactions, 4 credits | ||
| • | Taxation I, 4 credits | ||
| • | Taxation II, 2 credits | ||
| • | Taxation III, 2 credits | ||
| • | Securities Regulation, 3 credits | ||
| • | Regulation of Financial Institutions, 3 credits | ||
| • | Additional recommended classes: Evidence, Trusts | ||
Students intending to make application for the joint JD/MBA program should inquire directly to: crmba@dal.ca (902)494-1814 or toll-free 1-888-432-5622 (MBA) and to admissions@dal.ca (LAW).
| • | First year classes of the MPA program (8 half credits) required classes | ||
| • | First year classes of the JD program | ||
| • | Three half credit elective classes from the MPA program | ||
| • | Civil Procedure | ||
| • | Constitutional Law | ||
| • | Compulsory Moot | ||
| • | Plus 12-14 credit hours of classes from the JD program including a major paper class | ||
| • | Second year required class PUAD 6100 plus one half credit elective class from the MPA program. Students may choose to do one of the half credit elective classes from outside the MPA course offerings. This course must be approved by the MPA Graduate Co-ordinator. | ||
| • | 23-25 credit hours of classes from the JD program, which must include The Legal Profession and Professional Responsibility, and a major paper class. | ||
Candidates for the JD/MPA program must satisfy the entrance requirements of both the JD and MPA programs, and may obtain further information about the combined program by writing to the Faculty of Law and to the Coordinator of the MPA program. For admission, students must apply to both the Law School and the School of Public Administration individually. Students applying for the MPA program may submit LSAT results in lieu of GMAT results.
| • | First year classes of the MLIS program; INFO 0590 Practicum (Spring Term) | ||
| • | First year classes of the JD program | ||
| • | 2 MLIS classes (1 required, 1 elective) | ||
| • | 23-25 hours of JD classes including Civil Procedure, Constitutional Law, Compulsory Moot and a major paper course | ||
| • | 2 MLIS classes | ||
| • | 23-25 hours of JD classes including Professional Responsibility and a major paper course | ||
| • | Students who apply for the combined JD/MLIS program must meet the admission standards for both the Schulich School of Law and the School of Information Management. | ||
For further information about this program, contact the MLIS Program
Coordinator, School of Information Management and/or the Director, Admissions Career Development, Schulich School of Law.| • | First year of MHA Program | ||
| • | HESA 6390X/Y.06: Health Administration Residency | ||
| • | First year of JD Program | ||
| • | Students must complete the following classes in the MHA program in Years 3 and 4, HESA 6100.03, HESA 6305.03, HESA 6310.03, HESA 6340.03, HESA 6330.03, and HESA 6365.03. | ||
| • | 23-25 credit hours of classes from the JD program, including Civil Procedure, Constitutional Law, a major research paper, and Health Law, LAWS 2132.03, or its equivalent at the School of Health Administration, Health Care Law: HESA 6360.03 | ||
| • | HESA 6380.03: Senior Seminar | ||
| • | HESA 6360.03: Health Care Law or Health Law from the Law School (if not completed previously) | ||
| • | 23-25 credit hours of classes from the JD program, including Professional Responsibility and a major research paper. | ||
Note: With the exception of HESA 6380, students may change the order of the MHA course requirements in years 3 and 4.
| • | LAWS 2115.03: Health Care Ethics and the Law | ||
| • | LAWS 2127.02/2128.03: Mental Disability Law | ||
| • | LAWS 2132.03: Health Law | ||
| • | LAWS 2159.03: Health Systems Law and Policy | ||
| • | LAWS 2167.03: Health Law Placement | ||
| • | LAWS 2192.03: Advanced Negligence: Medical Malpractice | ||
| • | LAWS 2193.03: Health Law and Policy: Current Issues | ||
| • | LAWS 2069.03; 2070.04; 2071.05; 2072.06: Directed Research Paper | ||
| • | Exchange program opportunities in the area of Health Law | ||
Students may also take a limited number of classes for credit towards their law degree in related subjects offered at the graduate level in other academic departments of the University e.g., Bioethics and Philosophy. Students with such interests should review Law school regulations for requirements which include obtaining written consent of the Department or School involved as well as the Assistant Dean of the Law School. Students wishing assistance in the selection of classes within the area of Health Law are advised to consult the Director or faculty members of the Institute.
NOTE: For the purposes of any Schulich School of Law Certificate program, only those courses pursued at Schulich School of Law during the student’s JD studies which lead to successful completion of a Dalhousie University JD degree will be recognized. Students are not permitted to count a course towards more than one certificate.
Students interested in registering for the Health Law and Policy Specialization program must contact the Director of the program as early as possible and ideally at the start of second year.
For further information on the Health Law Institute and the Health Law and Policy Program contact the Health Law Institute directly at:
| P.O. Box 15000 | ||||
| Halifax, Nova Scotia | ||||
| Canada B3H 4R2 | ||||
| Telephone: (902) 494-6881 | ||||
| Fax: (902) 494-6879 | ||||
| Email: hli@dal.ca | ||||
| Internet: http://www.dal.ca/hli | ||||
| • | Law and Technology | ||
| • | Internet and Media Law | ||
| • | Privacy Law | ||
| • | Intellectual Property Law | ||
| • | Information Technology Transactions | ||
| • | Patent Law | ||
| • | Copyright Law | ||
| • | Intellectual Property II | ||
| • | Intellectual Property and Commercialization Placement | ||
Students also have the opportunity to pursue specialized interests in fields such as health law, criminal law and alternate dispute resolution, as they relate to information technology. For further information, contact the Law and Technology Institute at:
Telephone: (902)494-1469With 19 full and part-time faculty members currently teaching in the Programme, students have a unique opportunity to learn about public and private law practice in marine (including shipping) and environmental law taught from domestic and international perspectives. JD students wishing to specialize in these fields have the option of obtaining a certificate of specialization in either marine or environmental law or both, while completing the three-year JD degree.
Marine Law
LAWS 2041.03: Coastal Zone Management
LAWS 2020.02: Fisheries Law
LAWS 2211.02/2212.03: Law of International Trade and Shipping
LAWS 2022.03: Law of the Sea (required for the Certificate)
LAWS 2124.03: Marine Environmental Protection Law
LAWS 2001.03: Maritime Law and Practice (Maritime Law I) (required for the Certificate)
LAWS 2068.03: Ocean Law and Policy
LAWS 2079.02: Oil and Gas Law
Environmental Law
LAWS 2053.03: Business and Environmental Law
LAWS 2041.03: Coastal Zone Management
LAWS 2213.02/2214.03: Energy Law
LAWS 2104.03: Environmental Law I (required for the Certificate)
LAWS 2133.03: Environmental Law II - Interdisciplinary Perspectives on Climate Change
LAWS 2250.03: Environmental Law Placement
LAWS 2020.02: Fisheries Law
LAWS 2051.03: International Environmental Law (required for the Certificate)
LAWS 2124.03: Marine Environmental Protection Law
LAWS 2079.02: Oil and Gas Law
LAWS 2015.03: Planning Law
LAWS 2219.03: Regulatory Systems in Environmental and Health Laws
*not all electives are offered each year
Other major paper courses may serve as electives toward a certificate, provided the topic is approved in writing before the paper is written by the Director of the Marine & Environmental Law Programme.
Note: For the purposes of any Schulich School of Law Certificate Programmes, only those courses pursued at the Schulich School of Law during the students JD studies which lead to successful completion of a Dalhousie University JD will be recognized. Students are not permitted to count a course towards more than one certificate within the Law School.
Examples of courses that would be considered relevant are:
LAWS 2219.03: Aboriginal Peoples
LAWS 2219.03: Animals and the Law
LAWS 2219.03: Health Care Ethics and the Law
LAWS 2219.03: Health Systems: Law and Policy
LAWS 2219.03: Intellectual Property II
LAWS 2219.03: International Trade Law
MELP Specialization Certificates
JD students may specialize in marine law and/or environmental law and the specialization will be recognized on their academic transcript. Students wishing to complete the requirements of both certificates are not permitted to double count electives within the law school.Marine Law Specialization
To specialize in Marine Law, a student must take: (a) Maritime Law and Practice and Law of the Sea; (b) two other elective courses from the following: Coastal Zone Management, Fisheries Law, Law of International Trade and Shipping, Marine Environmental Protection Law, Ocean Law and Policy, Oil and Gas Law or another major paper course, provided the topic is approved in writing, before the paper is written, by the Director of the Marine & Environmental Law Programme.Environmental Law Specialization
To specialize in Environmental Law, a student must take: (a) Environmental Law I and International Environmental Law; (b) two other elective courses from the following: Business and Environmental Law, Coastal Zone Management, Energy Law, Environmental Law II - Interdisciplinary Perspectives on Climate Change, Environmental Law Placement, Fisheries Law, Marine Environmental Protection Law, Oil and Gas Law Planning Law, Regulatory Systems in Environmental and Health Laws or another major paper course, provided the topic is approved in writing, before the paper is written, by the Director of the Marine & Environmental Law Programme.Students interested in registering for the marine law or environmental law specialization should contact the Institute. Students are encouraged to meet with the Director of the Marine & Environmental Law Programme prior to the last day to drop/add classes, ideally before the end of their first year.
It is the students' responsibility to ensure that they complete all the requirements of the specialization they enrol in. Only those courses pursued at the Schulich School of Law during the students' JD studies which lead to successful completion of a Dalhousie University JD degree will be recognized.
On completion of all requirements, including registration for the certificate programme, the specialization will be recognized on the academic transcript. Students will also receive a separate certificate attesting to the satisfactory completion of a specialization.
| a. | Business Associations, Taxation I; Sale of Goods and Secured Transactions | |||
| b. | Classes totaling at least three credit hours chosen from the following list: | |||
| • | Securities Regulation | |||
| • | Taxation of Corporations | |||
| Other classes specifically designated from time to time. | ||||
| c. | Additional classes chosen from the following list (at least one of which must be a major paper class or equivalent) which, together with all classes taken to satisfy requirements (a) and (b) above, total at least 23 credit hours: | |||
| • | Bankruptcy and Insolvency Law | |||
| • | Business and Environment | |||
| • | Canadian Corporate/Securities Law Moot | |||
| • | Competition Law | |||
| • | Corporate Finance | |||
| • | Corporate Transactions | |||
| • | Current Issues in Corporate Law | |||
| • | Employment Law | |||
| • | Energy Law | |||
| • | Information Technology Transactions | |||
| • | Insurance Law | |||
| • | Intellectual Property | |||
| • | Intellectual Property II | |||
| • | International Trade Law | |||
| • | Internet and Media Law | |||
| • | Labour Law I | |||
| • | Labour Law - Administration of the Collective Agreement | |||
| • | Law of International Trade and Shipping | |||
| • | Legal Accounting | |||
| • | Mergers, Acquisitions and Other Changes of Corporate Control | |||
| • | Oil & Gas Law | |||
| • | Pension Law | |||
| • | Real Estate Transactions | |||
| • | Approved DRPs | |||
| • | Other major paper courses may also serve as electives towards the specialization, but only if the paper topic is approved by the Purdy Crawford Chair in Business Law who serves as the Director of the Business Law Specialization program. | |||
Students should also check the courses listed on the Business Law web page as it sometimes includes new courses approved after the calendar deadline.
Students interested in registering for the Business Law Specialization Certificate must contact the Director of the Business Law specialization program as early as possible and ideally at the start of second year.
All classes counted toward satisfaction of the Business Law Specialization requirements must be completed with no grade below C, and a weighted average in those courses of at least B (i.e., 70).
NOTE: For the purposes of any Schulich School of Law Certificate program, only those courses pursued at Schulich School of Law during the student’s JD studies which lead to successful completion of a Dalhousie University JD degree will be recognized. Students are not permitted to count a course towards more than one certificate.
| 1. | Major projects requiring the production of media contributions (that is to radio, television, newspapers or magazines) may be accepted for academic credit at Dalhousie Law School. It is recognized that such endeavours deserve recognition both as legitimate academic exercises and as contributions to the public service mission of students and faculty | ||
| 2. | These projects may satisfy a major paper or examination component, as arranged between the professor and student | ||
| 3. | A high level of professional involvement is expected from the time the project is conceptualized until completion | ||
| 4. | Students and faculty should employ the guidelines for Directed Research papers (DRPs) in planning and evaluating such projects, with appropriate changes. Proposals for Directed Research Projects must be approved by the Studies Committee. | ||
| 5. | Some limitations may be imposed upon the student's right to appeal a grade with which he or she is dissatisfied, given that this mode of evaluation does not fit within the usual Law School grading patterns. | ||