 | The University of Virginia record February, 1908 |  |
SECOND YEAR COURSE.
7. Equity Jurisprudence and Procedure; Bankruptcy.
Professor Lile.
Adj. Prof. Dobie (1907-'08).
After consideration of the origin and rise of the chancery jurisdiction,
the student is led carefully through the usual subjects of equitable cognizance,
and thence into the methods of procedure, as recognized in the
High Court of Chancery in England, and as modified by statute or by rules
of court in America. The contrast between legal and equitable principles
and procedure is constantly adverted to, and the student is incited to the
appreciation and cultivation of the fine sense of moral right underlying the
doctrines of technical equity. The procedure in the Federal courts of
chancery and in the Chancery courts of Virginia (where the distinction
between legal and equitable procedure is still maintained) is made the
basis of instruction. Practical work is required in draughting the various
forms and pleadings, from the subpœna to the final decree.
In the law of Bankruptcy, sufficient instruction is given to afford to
the student a fair working knowledge of general principles, and effort is
made to secure as great familiarity as possible with the specific provisions
of the National Bankruptcy Act of 1898, and the prescribed rules of procedure
thereunder.—September 14 to February 1—Three times a week.
Text-Books.—Merwin's Equity; Text-books on Equity Practice and Bankruptcy
(to be announced); The Professor's Notes.
8. Pleading and Practice.
Professor Graves.
In this class the subjects are Pleading and Practice at common law,
and under the Virginia Statutes; and Federal Jurisprudence and Procedure.
These are all confined to civil cases at law; criminal procedure and
equity jurisdiction and procedure being taught elsewhere in the course.
An outline of the instruction in this class may be given as follows:
(1) The principles and rules of pleading at common law—an intimate
acquaintance with the common law rules and principles being insisted
upon as essential to a proper knowledge of pleading under any system.
(2) The organization and jurisdiction of the Virginia courts, and
the proceedings in a law suit from beginning to end, including appellate
proceedings; and the law of attachments, executions, homestead exemptions,
etc.
(3) The organization and jurisdiction of the Federal courts; removal
of causes from State to Federal courts; the conformity or non-conformity
of the procedure at law in the Federal courts with that in the courts of
the State wherein they are held; and appellate proceedings in the Federal
courts.—September 14 to March 8—Three times a week.
Text-Books.—Andrews's Stephen on Pleading; Hughes's Jurisdiction and Procedure
of the United States Courts; The Professor's Printed Notes on Pleading, and
Printed Questions; Burks's Printed Notes on Pleading.
9. The Law of Real Property.
Professor Minor.
The instruction in this class covers a detailed and careful study of the
subject of Real Property Law, in all its branches. The nature and several
kinds of real estate, and the various interests therein, with the principles
appertaining to each, curtesy and dower, the relations of landlord and
tenant, co-tenancies, the feudal tenures and principles, uses and trusts, the
far-reaching effects of the Statute of Uses, the conditions, covenants, and
other qualifications attached to conveyances of land, are reviewed at
length. The historical connection between ancient and modern doctrines of
conveyancing, with the statutory changes, are carefully traced. Remainders,
reversions, and executory limitations, and the principles governing
their creation, validity, and effect, together with the sources of title to
lands, whether by descent or by the manifold forms of purchase, and the
principles controlling each, the subjects of conveyances, contracts to convey,
wills of lands, adverse possession, the registry of instruments of
title, and the principles regulating the acquisition and validity of tax-titles,
are investigated in detail.
Throughout this course, emphasis is placed on common law principles,
and effort is made to give the student a clear comprehension of these, by
tracing them to their feudal or other sources, and by following them into
the modern forms they have assumed under the guiding hand of courts and
legislatures.
Several lectures are devoted to the practical drafting of deeds, contracts,
and wills, as these subjects are presented.—September 14 to March
25—Three times a week.
Text-Books.—To be announced.
10. The Law of Corporations.
Professor Lile.
Adj. Prof. Dobie (1907-'08).
In view of the modern development of the law of corporations, both
in extent and importance, increasing attention is devoted to this branch of
the curriculum. Among other subjects of lesser import, the lectures
the formation and enforcement of subscriptions for shares; corporate
duties, powers, and liabilities; the relations between the corporation
and the State, between the corporate body and its shareholders, officers,
agents, and creditors, and the reciprocal relations of these with one
another; the consolidation, dissolution, and winding up of corporations;
and the appointment, duties, and powers of receivers. The principles
applicable to municipal corporations, whether in their public or their
proprietary characters, are fully elucidated; the subjects of municipal taxation,
municipal bonds, franchises, rights and liabilities in connection with
streets, as affecting the municipality, the public generally, and the abutting
proprietors, are dealt with in detail.—February 1 to end of session—Three
times a week.
Text-Books.—Marshall on Corporations; Clephane on Business Corporations—
their Organization and Management; The Professor's Printed Notes on Private Corporations;
The Professor's Printed Notes on Municipal Corporations.
11. The Law of Evidence.
Professor Graves.
The principles of this subject are sought to be elucidated by the aid of
the latest and most philosophical expositions of evidence, notably those of
the late Professor James B. Thayer, of Harvard University, to whose
work, "A Preliminary Treatise on Evidence at the Common Law," constant
reference is made. The text-book used—Volume I of Greenleaf—is
edited by Professor Wigmore, and in it have been incorporated the results
of the historical research and scientific analysis of Professor Thayer and
others.
But while great attention is paid to the rationale of the law of evidence,
as indispensable to a mastery of its principles, the practical character
of the rules of evidence is not overlooked, and an earnest effort is made,
by careful consideration of the statutes and decisions, and the use of a
Volume of Illustrations, to give the student such a working knowledge of
the subject as will enable him to apply its principles in the course of
judicial investigations.—From March 8 to end of session—Three times a
week.
Text-Books.—Greenleaf on Evidence (16th ed., by Wigmore); Hughes's Illustrations
of Evidence; The Professor's Printed Questions.
12. The Conflict of Laws.
Professor Minor.
As the facilities of commerce and intercourse between the various
States and countries of the world increase, this subject becomes of graver
hands of text-writers and law-schools.
The course includes a discussion of the nature and various kinds of
domicil; the law governing status, and the conveyance of personal property
abroad; the validity, construction, and effect of foreign wills, successions,
and administrations; foreign marriages and divorces; transactions relating
to real estate; the execution, interpretation, and validity of foreign
contracts; the law governing the effect of foreign judgments in rem or in
personam; the recovery of damages for foreign torts; the situs of crimes;
the application of the lex fori; and the modes of pleading and proving
foreign laws.—March 25 to end of session—Three times a week.
Text-Book.—Minor on Conflict of Laws; The Professor's Notes.
| The University of Virginia record February, 1908 | |