 | University of Virginia |  |
Department of Law.
| WM. MINOR LILE, B. L., | Professor of Law. |
| [1] WALTER D. DABNEY, B. L., | Professor of Law. |
| [2] CHARLES ALFRED GRAVES, M. A., LL. D., | 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—
the degree being conferred only upon such students as are thorough
masters 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 changing conditions 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 to more surely 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. Then the authorities were few, the
leading principles alone were settled, and their application was comparatively
simple. In more recent times, so widened is the scope of the
law, so complex 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. Furthermore, the increased and increasing scope
States, call for a more extensive course of study than was afforded in
former days by the law school, and a wider and more intimate knowledge
of legal principles than can generally be acquired by private
study.
These considerations have led to a general conviction among the
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 the hope that as soon as practicable, a rule may be adopted in
each State which will 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 that the student
follow principle to its legitimate conclusion, though this be at variance
with the decisions of the courts, than 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 text-books and partly through lectures, with careful daily
examinations upon both. The daily quiz has long been a marked
and, as experience has proved, a most valuable feature of the system of
instruction. As cross-examination 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 future professional success
depends upon complete mastery of elementary principles, it is not
advisable for the student to devote less time to preparation for practice,
even though he 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 can not expect to gorge himself with legal principles
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 (including Sales); Wills, Probate and Administration. |
| 2. The Law of Contracts; Torts; Carriers and Bailments. | |
| 3. Public International Law; Constitutional Law; Theory of Government. |
|
| 4. Mercantile Law: Negotiable Paper; Partnership; Insurance. | |
| 5. The Law of Crimes and Punishments. | |
| Second Year. |
1. Equity Jurisprudence and Procedure; Bankruptcy. |
| 2. The Law of Evidence; Pleading and Practice in Civil Cases. | |
| 3. The Law of Real Estate. | |
| 4. The Law of Corporations. | |
| 5. Conflict of Laws. |
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; 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 includ the execution and
construction of wills; the qualification of personal representatives and
and the complete administration of estates.—September 15 to
February 25—Three times a week.
Text-Books.—1 Minor's Institutes (4th edition).
Benjamin's Principles of Sales.
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 law of contract and torts to these great agencies of
commercial and of social life.—September 15 to June 1—Twice a week.
Text-Books.—Clark on Contracts.
Bigelow on Torts.
Lawson on Bailments.
3. Public International Law; Constitutional Law; Theory of Government.
Professor Minor.
The first part of this course is devoted to the study of Public International
Law. The various rules which regulate the intercourse of
nations amongst themselves are here considered—such as the principles
governing 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, which is a distinct
branch of the law, resting upon altogether different principles, is postponed
to the second year.
Following the lectures upon Public International Law, a series of
lectures will be delivered on 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.
In the study of Constitutional Law, close attention is given to the
judicial interpretation of the Federal Constitution, and to the great
constitutional principles prevailing throughout the Union. As occasion
requires, attention is 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
discussed section by section, 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 and of eminent domain, the police
power, inter-state commerce, etc.
These subjects constitute one class, in which one examination only is
held.
September 15 to January 25—Twice a week.
Text-Books.—International Law: Davis.
Principles of Constitutional Law: Cooley.
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 the study of the law of
negotiable paper, constant reference is made to the Negotiable Instruments
Law, recently enacted in several States, including Virginia, and
likely to be adopted generally, throughout the country. In addition to
the study of the general principles of the law of insurance, attention is
devoted to particular clauses most useful 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 Negotiable Instruments Law.
The Professor's Notes.
5. The Law of Crimes and Punishments.
Professor Minor.
In the study of this subject, which succeeds the course on International
and Constitutional Law, the student is made familiar with the
justice. He is instructed as to the nature and elements of the more
important crimes, both common law and statutory. Attention is given
rather to the acquisition of a thorough knowledge of the leading principles
than to the less important details, which, with a knowledge of
the former, may readily be acquired. The course of instruction further
embraces a study of the forms of procedure, the nature, organization
and duties of the courts, and grand and petit juries; arrests and bail;
indictments, informations, presentments, and the various defenses, by
way of plea or otherwise; together with the ordinary incidents of a
criminal trial, such as challenges of jurors, motions for a new trial,
bills of exceptions, motions in arrest of judgment, and writs of error.—
January 25 to April 25—Twice a week.
Text-Book.—Synopsis of Criminal Law: Minor.
The Professor's Notes.
SECOND YEAR COURSE.
1. Equity Jurisprudence and Procedure; Bankruptcy.
Professor Lile.
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 subpoena to the final decree. The student will be sufficiently
instructed in the law of Bankruptcy to give him a fair working knowledge
of its general principles, and effort will be made to secure as
great a familiarity as possible with the specific provisions of the
National Bankruptcy Act of 1898, and the prescribed rules of procedure
thereunder.—September 15 to February 1—Twice a week.
Text-Books.—Bispham's Principles of Equity.
Text-books on Equity Practice and Bankruptcy: (to be
announced).
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 lawsuit 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 25—
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. The Law of Real Estate.
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 estates 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
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 the courts and the legislature.—September 15 to March 9—Three
times a week.
Text-Books.—2 Minor's Institutes (4th edition).
Tax Titles: Minor.
The Professor's Notes.
4. 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, the public generally and the abutting proprietors,
are dealt with in detail.—February 1 to June 10—Twice a week.
Text-Book.—Taylor on Corporations.
The Professor's Printed Notes.
5. The Conflict of Laws.
Professor Minor.
Since the laws of several States may conflict with respect to any
subject, it is fitting that the main principles of law governing every
subject should be studied, prior to the consideration of the conflict of
these principles. Hence this course is reserved until the last portion
of the session, following upon the subject of Real Property Law. As
and countries of the world increases, 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; foreign marriages and divorces;
and 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 application of the lex fori; and the modes of proving
foreign laws.—March 10 to May 5—Three times a week.
Text-Book.—Conflict of Laws: Minor.
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, and other assurances; to devise
and institute remedies by suit or otherwise; 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 1897-98 the following
prizes were awarded:
1. The WEST PUBLISHING COMPANY Prize—American Annual
Digest, 10 volumes—To E. Lee Trinkle, B. L., of Wytheville, Va.
2. The BANCROFT-WHITNEY COMPANY Prize—Rapalje's Digest of
the American Decisions and Reports, and Mack's and Church's
Digests of the American State Reports, 5 volumes—To James H.
Corbitt, M. A., University of Virginia.
3. The BOSTON BOOK COMPANY Prize—The Green Bag (bound) 3
volumes—To Gordon M. Buck, B. A., B. L., of New Orleans, La.
4. The BANKS & BROTHERS Prize—Kerr on Real Property, 3 volumes—To
Henry Wise Mayo, B. L., of Richmond, Va.
5. The CENTRAL LAW JOURNAL COMPANY Prize—Beach on Trusts
and Trustees, 2 volumes—To Lewis C. Williams, M. A., of Orange,
Va.
6. The BAKER, VOORHIS & COMPANY Prize—Daniel on Negotiable
Instruments, 2 volumes—To Junius P. Wilson, of Portsmouth, Va.
7. The LITTLE, BROWN & CO. Prize—Kent's Commentaries, 4 volumes—To
C. McK. Owsley, B. L., of Lancaster, Ky.
8. The T. & J. W. JOHNSON & COMPANY Prize—Smith's Leading Cases,
3 volumes—To Charles W. Miller, A. B., B. L., of Irvine, Ky.
9. The VIRGINIA LAW REGISTER Prize—The Virginia Law Register
(bound), 3 volumes—To J. Mercer Garnett, Jr., of Baltimore, Md.
10. The LAWYERS CO-OPERATIVE PUBLISHING COMPANY Prize—
The General Digest (New Series), 3 volumes—To Theodore S.
Garnett, Jr., B. L., of Norfolk, Va.
In addition to the foregoing prizes in connection with the work of
the Moot Court, the following prizes were awarded for theses on a subject
assigned by the Law Faculty, in a competition open to all members
of the Law School. Subject: "The Extraterritorial Effect of
Divorce, as Amongst the Several States."
1. The EDWARD THOMPSON CO. Prize—American and English Encyclopedia
of Law (2d ed.), 30 volumes—To Brutus J. Clay, A. B.,
B. L., of Paris, Ky.
2. The BOWEN-MERRILL COMPANY PRIZE—Elliott's General
Practice, 3 volumes—To John L. Templeman, A. B., of McKune,
Kansas.
3. The F. H. THOMAS LAW BOOK COMPANY Prize—Tiedeman's Limitations
of the Police Power, and Lieber's Hermeneutics, 2 volumes—To
William H. Hill, of Nebraska City, Neb.
The following gentlemen served as ministerial officers of the Moot
Court for the session of 1898-99.
Clerk: Homer C. Sherritt, Charlottesville, Va.
Sheriff: John E. Nottingham, Jr., Franktown, Va.
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
latter subject, in addition 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 DEGREE.
The degree of Bachelor of Laws 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 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 authorizedo 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 or any part of the first year's course; provided the applicant
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. It is the settled policy of the
Law Department that in thus departing from 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, 4, and 5, (see page —), and second year classes
2 and 3; 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, and any material
loss of time by late entrance will disqualify him for graduation the
next year.
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 upwards, 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.)
LECTURES.
| 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 | |