The University of British Columbia

J.D. First Year Curriculum

First Year Curriculum

Recently, UBC Law underwent an extensive curricular reform culminating in a new curriculum which positions the school and its graduates firmly in the 21st century, able to address contemporary global trends in law and society.  Students are offered an innovative curriculum which equips them for the emerging challenges of the legal profession by offering an intellectually challenging curriculum paired with a solid foundation in legal principles. 

Hallmarks of UBC Law’ new curriculum are an expansion of the range of subjects taught in first-year, less reliance on 100% final examinations, a diversification of evaluation methods designed to accommodate a broader range of learning styles, and smaller classes.  First-year classes are taught in groups of approximately 45 students, allowing student to have more direct contact with instructors and more opportunities for detailed feedback.  This particular shift provides a platform for an enhanced legal research and writing (LRW) program, whereby students complete up to twelve writing assignments in their first year alone.  Legal writing is critical to success and confidence in the practice of law, and so enhancements to the LRW program are a key element of the curricular reform. 

The three new courses added to the first-year curriculum are Regulatory State, Transnational Law and Law in Context.  Regulatory State requires students to conduct in-depth legal research and write well-reasoned documents that apply theories of statutory interpretation to discrete problems arising in specific areas of the law. Transnational Law responds to the increasingly global nature of the practice of law, and incorporates the study of international law into the first-year curriculum.  Law in Context is taught in an innovative bridge-week format and exposes students to the concepts of the legal profession and professionalism, and introduces theoretical and critical perspectives of the law. 

The first-year curriculum consists of the following compulsory courses:

• Canadian Constitutional Law
• Contracts
• Criminal Law & Procedure
• Property Law
• Torts
• Transnational Law
• The Regulatory State
• Law in Context

All of the courses, except Transnational Law, The Regulatory State and Law in Context are full year courses. 

Canadian Constitutional Law

This full year course provides an introduction to Canadian constitutional law.  The course examines federalism and the division of powers between federal and provincial governments, the Canadian Charter of Rights and Freedoms, and Aboriginal and treaty rights. More specifically, the course considers basic features of Canadian legal and political system, the structure of the Canadian constitution, the role of judicial review, the general principles of interpretation with regard to the distribution of legislative authority, constitutional rights and freedoms, and Aboriginal and treaty rights. Selected federal and provincial powers, Aboriginal and treaty rights, and rights guaranteed by the Charter will be examined.  LAW 100 (6)

Contracts

Contract Law is about the common law doctrines that relate to the formation, operation and breach of commercial and consumer agreements between individuals. The course looks at the historical development and major substantive areas of the law of contract, including those that deal with: formation and enforceability; problems in the performance of contracts (conditions, warranties, misrepresentation, mistake, frustration); breach and remedies for breach; standard form consumer contracts; exclusion of liability clauses and unconscionability; public and social policy issues relating to contracts.   LAW 110 (5)d

Criminal Law & Procedure

This course examines the basic concepts and doctrines of the Criminal Law system. It covers various areas of substantive Criminal Law, including the bases of criminal responsibility and general and specific defenses available to an accused, as well as certain procedural and pre-trial issues. The focus is on Criminal Code offences, but various provincial offences may also be examined. Other issues that may be covered are the Charter, especially its impact on criminal procedure, and sentencing.   LAW 120 (5)d

Property Law

This course introduces the common law concept of property and explores its changing nature and application. It surveys various aspects of property including the acquisition and transfer of interests and the regulation of use. Specific topics include: the doctrines of tenure and of estates in land, the concept of possession, Aboriginal title, shared ownership, equitable interests, future interests, non-possessory interests, and title registration systems. The course provides a foundation for a broad array of upper year courses in the areas of commercial law, environmental and natural resource law, family law, Aboriginal peoples and the law, and intellectual property, as well as advanced courses in property law and the law of obligations.  LAW 130 (5)d

Torts

The law of Torts, or civil wrongs, deals with disputes between individuals that arise when the acts or omissions of one person cause injury or property loss, apart from breach of contract or unjust enrichment. The most important area in torts is negligence, which embraces unintentionally caused injury to the person, damage to property, and harm to economic interests. Other major areas of Tort Law are nuisance (unreasonable interference with the enjoyment of land), and intentional injuries whether to the person, property, or personal dignity and reputation. Analysis of Tort Law involves consideration of social values, deterrence, loss distribution and economic efficiency, as well as corporate and governmental responsibility.   LAW 140 (5)d

Transnational Law

This course provides an introduction to the basic principles of public international law and to the animating ideas behind private international law.    Students will be introduced to the sources of international law and to concepts of international law validity.  The course will also introduce the concept of comparative law and will consider how globalizing forces are influencing legal developments.  Students will also be introduced to researching international materials and materials from foreign jurisdictions.  The course provides a foundation for upper year courses such as public international law, conflicts, and international business transactions.  LAW 150 (3)

The Regulatory State

This course is a research-intensive introduction to statutory interpretation.  It has two fundamental objectives.  First, it gives students sustained instruction on writing and research.  Second, it introduces students to theories of statutory interpretation within the specific context of a statute-based area of the law.  For example, although in any given year the specific sections offered will vary, options may include:

The Regulatory State:    

Business Corporations Act
Canada Social Transfer
Divorce Act
Employment Insurance Act
Environmental Assessment Act
Fisheries Act
Canada Social Transfer
Immigration and Refugee Protection Act
Income Tax Act
Indian Act
Species at Risk Act
Workers Compensation Act

The class will spend roughly 3 weeks on how to conduct legal research, and how to write a reasoned legal argument.  The remaining 8 weeks will be spent on one discrete problem that arises in that area of law.  Students will look closely at the governing legislation, and will work on applying the theories of statutory interpretation to that particular problem.  The final assessment will be based on a research paper or opinion that applies theories of statutory interpretation in the context of the legislation.  LAW 160 (3)

Law In Context

This course will be taught in two parts. In the fall term, there will be weekly lectures on legal history, key features of the common law, legal and political theory, and critical approaches to the law. Lectures will be taught by a range of faculty members, with Professor Benjamin Goold acting as course co-ordinator. At the end of this part of the course, students will sit a two-hour examination. The second part of Law in Context, The Legal Profession and Professionalism, will include an introduction to legal ethics and professionalism, history of the legal profession, and the range of practice options in the current profession (e.g. ADR, negotiation, etc. This part of Law in Context will be taught in a bridge week in February. During this bridge week other classes will be suspended and students will attend only the Law in Context program. LAW 170 (3)