 | University of Virginia |  |
Department of Law.
| WM. MINOR LILE, B. L., | Professor of Law. |
| WALTER D. DABNEY, B. L., | Professor of Law. |
| RALEIGH C. MINOR, M. A., B. L., | Adjunct Professor of Law. |
JAMES B. GREEN, B. L.,
Licentiate in Law.
Among the original schools contemplated in Mr. Jefferson's plan for the organization
of the University of Virginia, was "Law: Municipal and Foreign; Embracing
the General Principles, Theory and Practice of Jurisprudence, together with the
Theory and Principles of Constitutional Government." Accordingly, the School of
Law was established in 1826, and has been in continuous operation since, except
during the four years of the civil war. The aim of the Department of Law has
always been to maintain a high standard as a requirement for graduation, and to
confer the degree upon no student who is not thorough master of the prescribed
course of study. This policy has been rigorously enforced, and its wisdom has
been vindicated by the high positions to which the graduates of the law school
are accustomed to attain at the bar or in public life. The course of instruction
has been extended from time to time to conform to the changing conditions of
modern life and to meet the increasing needs of the profession. It is confidently
believed that the enlarged course now offered will enable those who complete it
more surely to maintain that rank at the bar which the alma mater has always
expected of her sons.
Formerly it was possible for the law student to begin and complete his professional
studies in the office of some friendly member of the bar—Blackstone's
Commentaries and the code of his State forming the main portion of his curriculum.
That was a time when the authorities were few, when the leading principles
alone were settled, and their application comparatively simple. In more
recent times, so widened is the scope of the law, so complex is the application of
its principles, so nice and yet so important its distinctions, so numerous and conflicting
the authorities, that it is scarcely practicable for even the most diligent
student to master the subject, in its multiform phases, without the systematic
instruction of skilled teachers.
These considerations have led to a general conviction among leaders of professional
thought throughout the country, that no student should essay the practice
of the law who has not spent at least two years in close and attentive study in a
law school. Indeed, the tendency is toward requiring even a longer period of
study, as essential either to graduation or to admission to the bar. At the annual
meeting of the American Bar Association held in August, 1897, the following
resolution on this subject was adopted:
"Resolved, That the American Bar Association approves the lengthening of the
course of instruction in law schools, to a period of three years, and that it expresses
require candidates for admission to the bar to study law for three years before applying
for admission."
COURSE OF STUDY.
The course is planned with a view to acquaint the student familiarly and practically
with the principles of his profession. Care is taken to teach him to think
for himself, and to rely upon reason and principle, rather than upon memory; it
being considered better for the student to follow the principle to its legitimate
conclusion, though that be at variance with the decisions of the courts, than to
arrive at a faultless result by the exercise of memory or by accident.
The instruction is as thorough as possible, and is given partly through textbooks
and partly through lectures, with careful daily examinations upon both.
The daily quiz has long been one of the marked features of the system of instruction,
and, as experience proves, one of the most valuable. As cross-examination
of the witness exposes error and develops truth, so the daily quiz enables the
instructor to discover and rectify misconceptions of legal principles on the part
of the student.
The course occupies two years, and, since the future professional success of the
student depends upon his intimate acquaintance with elementary principles, it is
hazardous to devote less time to preparation for practice, even though the student
be not a candidate for graduation. It is a maxim sanctioned by long and wide
experience that "he who is not a good lawyer when he comes to the bar, will
seldom be a good one afterwards." In order to acquire such thorough knowledge
of the elements of the law, thought as well as reading is requisite; and, for the
purpose of thought, there must be time to digest as well as industry to acquire.
One cannot expect to gorge himself with legal principles and to digest them afterwards;
the process of assimilation, if it is to proceed healthfully and beneficially,
must accompany the reception of knowledge.
ARRANGEMENT OF CLASSES.
The course of instruction in the Law Department comprises ten separate classes
Five of these classes constitute the first year's studies, and five the studies of the
second year.
In the first year's course there are seven lectures, and in the second, eight
lectures, weekly. The lectures occupy an hour and a half each. The first year's
course therefore calls for ten and a half hours of class work a week, and the
second twelve hours. In addition, any professor has the privilege of requiring
attendance upon one extra lecture each alternate week, in each class, for the purpose
of review or such other instruction as does not add new matter to the
prescribed course upon which the student is to be examined for graduation.
The following table exhibits an outline of the course:
| First Year. |
1. The Law of Persons; Personal Property; Wills, Probate and Administration. |
| 2. The Law of Contracts; Torts; Carriers and Bailments. | |
| 3. International Law: Public and Private. | |
| 4. Mercantile Law: Negotiable Paper; Partnership; Insurance. | |
| 5. Constitutional Law. | |
| Second Year. |
1. The Law of Corporations. |
| 2. The Law of Evidence; Pleading and Practice in Civil Cases. | |
| 3. The Law of Real Estate. | |
| 4. Equity Jurisprudence and Procedure. | |
| 5. The Law of Crimes and Punishments. |
FIRST YEAR'S COURSE.
1. Law of Persons; Personal Property; Wills, Probate and Administration.
Professor Lile.
The preliminary lectures in this class are devoted to the nature, sources and
evidences of the law; the absolute and relative rights, and their constitutional
guaranties; citizenship and naturalization; and subordinate magistrates. This is
followed by a thorough drill in the subjects of principal and agent; husband and
wife, including their common law property rights, with the modern statutory
modifications thereof, and the equitable separate estate; parent and child; and
guardian and ward. Later, the study of the law of personal property (including
the law of sales) is pursued in its various phases, followed by that of wills, probate
and administration. Under the latter classification are included the execution
and construction of wills; the qualification of personal representatives and the
settlement of their accounts; the law of legacies and of distribution; and the
complete administration of estates.—September 15 to February 25—Three times a
week.
Text-Books.—1 Minor's Institutes (4th edition).
Burks' Property Rights of Married Women.
The Professor's Printed Notes.
(Others to be announced).
2. Law of Contracts; Torts; Bailments and Carriers.
Professor Dabney.
In this class the student is taught the principles underlying the formation,
validity, interpretation, and discharge of contracts generally, whatever may be
their particular subject matter; the principles of the law of torts, and their application
to the subjects of negligence, nuisance, trespass to person and property,
fraud and deceit, defamation, and other cases of practical importance; the principles
of the law of carriers of persons and property, whether by land or by water,
and whether by incorporated companies or individuals, including the transmission
of messages by telegraph, and showing in detail the modern application of the
September 15 to June 1—Twice a week.
Text-Books.—Clark on Contracts.
Bigelow on Torts.
Lawson on Bailments.
3. International Law.
Professor Minor.
Under this title are included both public and private international law. In the
study of Public International Law, are investigated the various rules which regulate
the intercourse of nations; the origin, recognition and equality of states;
their rights in time of peace, and the means whereby they peaceably procure the
enjoyment of those rights; the laws of war and the rights and duties of belligerents;
and, finally, the rules governing the relations of neutral and belligerent
states.
Private International Law, or the Conflict of Laws, occupies the latter part of
this course. As the facility increases with which commerce and intercourse
between the states is conducted, this subject becomes of graver importance, though
as yet it has received rather scanty recognition at the 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
execution, construction and effect of foreign wills, successions and administrations,
of foreign marriages and divorces, and of 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, and the recovery of damages on
foreign torts; the application of the lex fori, and the modes of proving foreign
laws.—September 15 to December 23—Twice a week.
Text-Books.—Public International Law: Glenn.
Private International Law: (To be announced.)
The Professor's Notes.
4. Mercantile Law.
Professor Lile.
Under this head are grouped the subjects of Negotiable Instruments, Insurance,
and Partnership. The instruction is made as practical as possible, by frequent
use of the various mercantile instruments, as exhibits, in the course of the lectures.
In addition to the study of the general principles of the law of Insurance,
attention is devoted to particular clauses most usual in life, marine and accident
policies, and the New York Standard Fire Policy is studied, clause by clause, in
the light of judicial construction.—February 25 to May 15—Three times a week.
Text-Books.—Bigelow on Bills and Notes (Student's Series).
Richards on Insurance.
Mechem on Partnership.
The Professor's Notes.
5. Constitutional Law.
Professor Minor.
This is designed to be a continuation of the class in International Law, dealing
as it does with a cognate subject; but in order to enter it, attendance upon lectures
in the former course is not essential. The two classes are distinct, and may be
completed separately. More attention is given in this course than has been customary
heretofore, to the judicial interpretation of the Federal Constitution, and
to the great constitutional principles prevailing throughout the Union; it being
considered that familiarity with the constitutional limitations on the powers of
Federal, State and municipal legislatures is more advantageous to the practising
lawyer than an acquaintance with the abstract theory of government. Nevertheless
the latter subject is not neglected. The course opens with a series of lectures
upon the Theory and Practice of Government. It is traced from its generally
accepted origin in the family, through its various stages, to the modern forms, and
effort is made by reasoning and comparison to show the benefits of good government,
the dangers of the bad. As occasion requires, attention is also called to the
policy of various acts of legislation, and the student is warned against such as
tend to exceed the limits of safe and constitutional restrictions. The checks and
balances of the constitution are duly noted, and that wherein it is weak alluded
to as well as that wherein it is strong. The Federal Constitution is taken up and
discussed line by line and section by section, particularly noting the historical
origin of the more important provisions, with a close study of such subjects as ex
post facto laws, laws impairing the obligation of contracts, trial by jury, due process
of law, power of taxation, condemnation proceedings under the power of
eminent domain, the police power, interstate commerce, etc.—January 1 to April
25—Twice a week.
Text-Book.—Black's Constitutional Law.
The Professor's Notes.
SECOND YEAR'S COURSE.
1. The Law of Corporations.
Professor Lile.
The recent development of the law of corporations, both in extent and importance,
has induced special stress to be laid upon this branch of the curriculum.
Among other subjects of lesser import, the lectures embrace the promotion, organization
and management of business corporations; 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
each other; 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
etc., rights and liabilities in connection with streets, as affecting the municipality,
—September 15 to February 1—Twice a week.
Text-Book.—Taylor on Corporations (used session 1897-98; Clark may be substi
tuted 1898-99).
The Professor's Notes.
2. The Law of Evidence; Pleading and Practice.
Professor Dabney.
In this class are taught:
(1) The general principles of the law of Evidence, with explanations of the
statutory changes, especially those relating to the competency of witnesses, and
the practical application of these principles to the conduct of inquiries in court,
or before officers authorized to take testimony.
(2) The forms of action, and the forms, principles and rules of pleading, at
common law and under the codes; an intimate acquaintance with the common law
rules and principles being insisted upon as essential to a proper knowledge of
pleading, under any system.
(3) The organization and jurisdiction of courts, and the proceedings in a law
suit from beginning to end, including appellate proceedings and the various special
and extraordinary proceedings provided for by common law or by statute.
(4) The organization and jurisdiction of the Federal courts; removal of causes
from State to Federal courts; the particulars of conformity or nonconformity
between the procedure at law in the Federal courts and that in the courts of the
State wherein they are held; and appellate proceedings in the Federal courts.—
September 15 to May 20—Three times a week.
Text-Books.—McKelvey on Evidence.
4 Minor's Institutes (3d edition).
Bryant's Code Pleading.
Dabney's Federal Jurisdiction and Law Procedure.
3. Criminal Law.
Professor Minor.
In the study of this subject the student is made acquainted with the general
principles enforced by the courts in the administration of criminal justice. He is
instructed as to the nature and elements of the more important crimes, both common
law and statutory. Attention is paid rather to the acquisition by the student
of a thorough knowledge of the leading principles than to the less important
details, which, with a knowledge of the former, he may readily acquire for himself.
The course of instruction further embraces a study of the forms of procedure,
the nature, organization and duties of grand and petit juries; arrests and bail;
indictments, informations, presentments, and the various defenses; together with
the usual incidents of a criminal trial, such as challenges of jurors, motions for
new trial, bills of exception, motions in arrest of judgment, and writs of error.—
September 15 to November 20—Three times a week.
Text-Book.—Minor's Synopsis of Criminal Law.
The Professor's Notes.
4. Equity Jurisprudence and Procedure.
Professor Lile.
The study of Equity Jurisprudence and Procedure is taken up immediately
upon the completion of the course on the law of Corporations, to which it is
designed to be supplementary. After consideration of the origin and rise of the
chancery jurisdiction, the student is lead 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. In the study of equity jurisprudence, the contrast between
legal and equitable principles 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.—February 1 to June 10—Twice a week.
Text-Books.—Bispham's Principles of Equity.
Text-book on Equity Practice: (to be announced).
The Professor's Notes.
5. The Law of Real Property.
Professor Minor.
The instruction in this class covers a detailed study of the subject of real property,
in all of its branches. The nature and several kinds of real estate, and the
several estates therein, with the various principles appertaining to each, curtesy
and dower, the relations of landlord and tenant, co-tenancies, the feudal tenures,
uses and trusts, the far-reaching effect 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,
tax-titles, and the registry of instruments of title, are investigated in detail.
Throughout the 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.—November 20 to May 1—Three times a week.
Text-Book.-2 Minor's Institutes (4th edition).
The Professor's Notes.
MOOT COURT.
A Moot Court, with its accompanying instruction, tends to perfect the student
in the details of practice. Under the immediate supervision of the Professors, he
is required to write opinions upon supposed cases; to draw wills, contracts, conveyances,
to conduct actions at law and suits in equity; to argue questions of law and
of fact; and, in short, to perform most of the functions of practising counsel.
The conduct of at least one case in the Moot Court is required of every candidate
for graduation. The court is presided over by the members of the Law Faculty,
and attendance on the part of every student is compulsory. Much interest is
added to the proceedings by the open debate held after the argument of each case,
the presiding judge acting as interlocutor, and leading into the debate those whose
diffidence prompts them to silence.
The debating societies, of which there are several, also afford an excellent field
for the cultivation of the powers of oratory and debate.
Through the liberality of several of the leading law publishers, the department
is able to offer a number of valuable prizes for excellence in the work of the Moot
Court. During the session of 1896-97 the following prizes were awarded:
1. The EDWARD THOMPSON CO. Prize—American and English Encyclopedia
of Law (2d ed.), 30 volumes—To Henry C. Riely, B.L., of Richmond,
Virginia.
2. The WEST PUBLISHING COMPANY Prize — American Annual Digest,
9 volumes—To George Pilcher, B. L., of Midland, Va.
3. The BOSTON BOOK COMPANY Prize—The Green Bag (bound), 7 volumes—
To Guy R. Herdman, B. L., of Bowling Green, Ky.
4. The LITTLE, BROWN & CO. Prize—Kent's Commentaries, 4 volumes—To
Manliff H. Dean, B. L., of Addison, Pa.
5. The BOWEN-MERRILL COMPANY Prize—Elliott's General Practice,
3 volumes—To Albert J. Vaughan, B. L., of Richmond, Va.
6. The BAKER, VOORHIS & COMPANY Prize — Daniel on Negotiable
Instruments, 2 volumes—To Cadwallader J. Collins, Norfolk, Va.
7. The BANKS & BROTHERS Prize—White and Tudor's Leading Cases in
Equity, 4 volumes—To Albert Fink, Little Rock, Ark.
8. The F. H. THOMAS LAW BOOK COMPANY Prize — Pollock on Torts,
Smith on Negligence and Underhill on Trusts and Trustees—To
John S. Parsons, B. L., Atlantic, Va.
9. The T. & J. W. JOHNSTON & COMPANY Prize—Smith's Leading Cases,
3 volumes—To Edwin C. Ryals, B. L., of Savannah, Ga.
10. The LAWYERS CO-OPERATIVE PUBLISHING COMPANY Prize — The
General Digest (New Series), 3 volumes—To Richard C. Barlow, B. L.,
Portsmouth, Va.
Beginning with the session of 1897-8, several similar prizes will be awarded for
theses on subjects assigned by the Law Faculty, in a competition open to all
members of the Law School. The subject announced for the present session is
"The Extraterritorial Effect of Divorce, as amongst the several States."
LIBRARY—LEGAL BIBLIOGRAPHY.
The Law Department is provided with an excellent library, accommodated by
its own library room, separate from the general University library, and located
with special reference to the convenience of the law students. While the student
is not encouraged to venture for himself into either cases or text-books, save for
the purpose of verifying or clearing up some proposition of the lecture, or for the
preparation of opinions or briefs, he is incited to familiarize himself not only
with the leading cases to which his attention is called, but especially with the
to the instruction incidentally given, several lectures are specially devoted.
The student is taught that books are the working tools of the lawyer, and that
facility in handling them, in the office and in the court room, is an essential
professional requirement. He is instructed how to consult authorities, and to run
down cases; to distinguish doctrine from dicta; to analyze, criticise and compare
cases; to distinguish imperative authority from that which is persuasive only;
what the leading text-books are on the various subjects taught, with some reference
to their comparative merits; to prepare briefs; and, generally, so to accustom
himself to law books and their use as to enable him to investigate, with intelligence
and skill, any question that may come within the scope of his duty at the bar.
EXAMINATIONS AND DEGREES.
The degree of Bachelor of Law is conferred upon such students as have attended
two full sessions (of nine months each) of the law school, and who manifest an
intimate acquaintance with all of the subjects embraced in the course, evidenced
by successfully passing all the written examinations, in each of the classes, and
who have satisfactorily performed the Moot Court or other assigned work.
Any one of the five classes of the first or second year may be completed separately,
and for purposes of examination (only) the subjects of Evidence and of
Pleading and Practice are regarded as distinct classes. Upon the satisfactory completion
of any class, a certificate is issued to the student, followed by the diploma
of graduation when (and not until) all the examinations, fifteen in number, have
been successfully passed.
Candidates who attain a grade of seventy-five per centum in any class, but who
fail to reach the minimum standard required for graduation (eighty-three per
centum), are entitled, after matriculation, to stand an examination at the beginning
of the following session on the subjects comprised in the class or classes in
which they have so failed, and to receive the same credit for the result as if
achieved during the previous session.
Candidates for the degree, who in any session have less than one full year's
course to complete, may be required to take such additional work, and to stand
such additional examinations, as shall be prescribed.
MISCELLANEOUS.
Admission to Advanced Standing.—By a recent enactment of the visitors, the
Law Faculty is authorized to accept certificates of attendance for one full session,
of at least eight months, and of work satisfactorily performed, at other approved
law schools, in lieu of the whole on any part of the first year's course; provided
the applicant shall pass a satisfactory entrance examination before the Law Faculty
on such subjects as he desires credit for.
These entrance examinations will be held at the beginning of each session, in
September. They will not be perfunctory merely, but the examiners will insist
upon thorough familiarity with every subject within the scope of the examinations.
former regulations, there shall be no departure from the traditional high standard,
uniformly required for graduation. No credit will be given for mere attendance
at another law school, nor in any event will the privilege of examination for
advanced standing be extended to those who have merely received private instruction.
Entrance Examinations.—No other entrance examinations are held than as
mentioned in the preceding paragraph.
Special Students.—Students who can attend but a single session are advised to
take special courses, which the arrangement of the classes readily permits. Overzealousness,
by which an ambitious student is beguiled into the assumption of
more work than he can thoroughly master in a single year, leads to cramming
and inaccuracy, and often to complete failure. With this admonition, the special
student is free to select his own work. The following course is suggested for
students who are not candidates for the degree:
First year classes 1 and 4 (see page 103), and second year classes 2, 3 and 5; or,
if the student has already had some legal training, numbers 1 and 4 of the second
year may be added. The first course suggested would require 13½ hours, and the
second 16½ hours, of class work a week.
Late Entrance.—The work of the Law Department begins promptly September
15, and continues until the middle of June. Students are advised that late
entrance is a serious hindrance to progress—but the matriculation books are open
throughout the session and it is permissible to enter at any time. The course of
study is arranged, however, on the theory that it will be taken up at the beginning
of the session. The student who enters late must begin his work at the point
to which the course has advanced at the time of his entrance.
☞Seats in the Law Lecture-rooms are assigned in the order of matriculation.
EXPENSES.
The necessary expenses at the University of a student in the Department of
Law may be estimated at from $320 upward, according to the mode of living, for
each session. A fuller statement regarding expenses may be found in the following
section.
SCHEDULE OF LECTURES AND EXAMINATIONS.
1898-99.
LAW DEPARTMENT.
(Subject to change as circumstances may require.)
| Monday. | Tuesday. | Wednesday. | Thursday. | Friday. | Saturday. | |
| 9 to 10.30 A. M. |
Prof. Dabney. 2d yr. course. |
Prof. Minor. 2d yr. course. |
Prof. Lile. 1st yr. course. |
|||
| 10.30 A. M. to 12. |
Prof. Minor. 2d yr. course. |
Prof. Minor. 1st yr. course. |
Prof. Dabney. 1st yr. course. |
Prof. Lile. 1st yr. course. |
Prof. Dabney. 1st yr. course. |
Prof. Dabney. 2d yr. course. |
| 12 to 1.30 P. M. |
Prof. Lile. 1st yr. course. |
Prof. Lile. 2d yr. course. |
Prof. Lile. 2d yr. course. |
Prof. Dabney. 2d yr. course. | Prof. Minor. 2d yr. course. |
Prof. Minor. 1st yr. course. |
EXAMINATIONS.
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| University of Virginia | |