452 Civil Procedure (Kennedy)

LAW 452

Civil Procedure

(Kennedy)

Prerequisite courses: 

Prerequisite for: 

Instructor(s): Professor Gerard Kennedy

Course credit: 3

Method of presentation: Lecture

METHOD OF EVALUATION

• up to 75% comprehensive, open book exam (December 2023 exam period)

• three drafting assignments, worth 25% together:

  • • Drafting Exercise #1, a Statement of Defence: 10%

    • Drafting Exercise #2, an Affidavit: 10%

    • Drafting Exercise #3, a Formal Offer to Settle: 10%

      • • The weakest of the three assignments will be weighted 5% and the other two will be weighted 10%

• Optional 600-1500 word blog post/reflection, worth 25%: will reduce the value of the exam if it improves the student’s mark

• potential for participation “bonus”

COURSE DESCRIPTION
In this course you will learn the process of a civil lawsuit – from before it begins through an appeal, with almost all important steps taking place prior to a theoretical trial. We will progress in accordance with the strategic decisions lawyers need to make from a procedural perspective.

By the end of the semester, you should have:

• understood the basic steps that a lawsuit is supposed to go through in common law Canada in general, and Alberta in particular;

• understood the essentials of drafting procedural documents and their importance in a lawsuit;

• an appreciation of strategic decisions that need to be made in advancing a lawsuit; and

•  considered how the foregoing relate to your clients’ interests and access to justice.

Primary teaching and evaluation will be on Alberta’s Rules of Court, but comparison to other Canadian jurisdictions will be brought it as helpful.

SPECIAL COMMENTS: 

Description updated 2023-24. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXTS (IF ANY):
Janet Walker, et al, The Civil Litigation Process, 9th ed (Emond Montgomery, 2022)