 | University of Virginia March, 1907 |  |
SECOND YEAR COURSE.
7. 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 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 16 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 Jurisdiction 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 nonconformity
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 16 to March 9—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, and
Printed Questions.
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 taxtitles,
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,
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 16 to March 24
—Three times a week.
Text-Books.—To be announced.
10. The Law of Corporations.
Professor Lile.
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
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
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. 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, to give
to apply its principles in the course of judicial investigations.—From
March 10 to end of session—Three times a week.
Text-Books.—Greenleaf on Evidence (16th ed., by Wigmore); 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
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 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 24 to end of session—Three times
a week.
Text-Book.—Minor on Conflict of Laws.
| University of Virginia March, 1907 | |