452 Civil Procedure (Yiu)

LAW 452

Civil Procedure

(Yiu)

Prerequisite courses: 

Prerequisite for: 

Instructor(s): Alexander Yiu, BA LLB LLM

Course credit: 3

Method of presentation: Lecture

METHOD OF EVALUATION

The primary method of evaluation in this course is a 2 hour OPEN BOOK examination worth either 100% of the final grade or 85% of the final grade if the Remote Court Assignments completed (discussed below).

An additional method of evaluation in this course is an optional written Remote Court Assignment (RCA) worth 15% of the grade based upon the student’s observations of their remote attendance in Masters Chambers or Justice Chambers via the WebEx virtual platform.

COURSE DESCRIPTION

This course focuses on the process involved in the conduct of a civil lawsuit as set out in the Alberta Rules of Court. The course will include a consideration of the theory and the practice of the civil litigation system including its extension to quasi-judicial bodies. The course will further introduce students to the topic of “access to justice” and its role in the administration of justice in the Alberta Courts.

Students will additionally be exposed to the Alternative Dispute Resolution process and its core modalities, including Mediation, Arbitration, Negotiation, and the Judicial Dispute Resolution (JDR) process. Each of these iterations of the ADR process will be examined and discussed within the framework of the foundational Rules of Court which encourage expeditious and timely resolution of disputes between litigants in the justice system.

Finally, this course will introduce students to the concept of “mindful lawyering”, based on the theory and practice of mindfulness. Key questions that will explored include: (1) What is mindfulness and what are its benefits? (2) What is “mindful” or “contemplative” lawyering? (3) Why is mindful lawyering emerging as a lifestyle choice for many “modern” lawyers, particularly those who practice in the area of litigation?

SPECIAL COMMENTS: 

This course may include guest speakers from the Bar and the judiciary if scheduling permits.

Description updated 2022-23. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXTS (IF ANY): 

The Alberta Rules of Court