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Registration for the Fall 2019 semester begins June 25.  Watch your email for more details.

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Legal Process and Remedies

Course Code: LGST 1120
Faculty: Humanities & Social Sciences
Department: Legal Studies
Credits: 3.0
Semester: 15
Learning Format: Lecture
Typically Offered: TBD. Contact Department Chair for more info.
course overview

This course overviews the basic legal processes in Canada and the remedies available to litigants. It examines the structure of civil actions, criminal prosecutions and administrative law proceedings. It reviews statutory, procedural, common law, and equitable remedies available in the courts and explores the growth of alternative dispute resolution mechanisms. Key concepts, including jurisdiction, standing, parties, pleadings, orders, trials, juries, appeals, procedural fairness, judicial review and the adversarial system, are examined.

Course Content

1. Introduction and Overview

  • History and function of civil litigation in Canada
  • History and function of criminal prosecution in Canada
  • Nature of administrative law dispute resolution

2.  Civil litigation

  • Commencing a lawsuit: expenses of litigation, standing, jurisdiction, limitations
  • Pleadings, pre-trial conferences and settlements, chambers practice
  • Examinations for discovery
  • Trial and judgment

 3.  Criminal Prosecution

  • Charges, election, classification of offences
  • Particulars, disclosure, preliminary inquiries
  • Plea bargaining
  • Juries
  • Voir dire, trial and sentencing

4.  Administrative Law

  • Procedures before boards and tribunals
  • Procedural fairness
  • Judicial review

5.  Common law Remedies

  • damages, injunctions, abatement, 
  • Family law orders: spousal support, custody, divorce
  • Administrative compensation schemes

6.  Equitable Remedies

  • Injunctions
  • Specific Performance and rectification
  • Rescission
  • Restitutionary remedies
  • Accounting of profits
  • Tracing

7. Statutory Remedies

  • Sale of Goods Act
  • Consumer Protection Act
  • Statute of Frauds

8. Procedural Remedies

  • Various interlocutory orders

9.  Creditors’ Remedies

  • Examination in aid of execution
  • Garnishment
  • Collections
  • Builders’  Lien Act
  • Corporate creditors’ arrangements, bankruptcy and insolvency

10.  Forms of Dispute Resolution

  • Adversarial system
  • Mediation
  • Arbitration
  • Negotiation
  • Neutral party evaluation and mini-trials
  • Circles and conferences

Methods of Instruction

The following methods of instruction will be utilized:

  • Lectures
  • Class discussions
  • Group work with conflict scenarios and case studies

Means of Assessment

Evaluation will be based upon the course objectives and will be carried out in accordance with Douglas College policies. The instructor will provide a written course outline with specific evaluation criteria at the beginning of the course. Evaluation will be based upon the following:

  • Exams
  • Research paper or other written assignment
  • Class attendance and participation

An example of one possible evaluation scheme would be:

Class attendance and participation        10%
Midterm exam  30%
Research paper  30%
Final exam  30%
Total 100%

Learning Outcomes

At the conclusion of this course the successful student will be able to:

  1. Describe the history and function of civil litigation in Canada.
  2. Describe the history and function of criminal prosecution in Canada.
  3. Describe the role of administrative law proceedings in Canada.
  4. Define the basic structure of a civil action from the commencement of pleadings through trial.
  5. Describe a criminal prosecution from charge approval through trial and sentencing.
  6. Describe proceedings before selected administrative boards and tribunals.
  7. Describe the process of appeals and judicial review of administrative decisions.
  8. Compare and contrast the adversarial system of dispute resolution with alternative forms of dispute resolution currently available in the Canadian legal system.
  9. Identify and describe remedies available to litigants in tort, contract and family law.
  10. Identify and describe fundamental creditors’ remedies.
  11. Identify and describe equitable remedies.
  12. Identify the various courses of action and the remedies available to disputants through a series of typical, personal conflict scenarios.

curriculum guidelines

Course Guidelines for previous years are viewable by selecting the version desired. If you took this course and do not see a listing for the starting semester/year of the course, consider the previous version as the applicable version.

course schedule and availability
course transferability

Below shows how this course and its credits transfer within the BC transfer system. 

A course is considered university-transferable (UT) if it transfers to at least one of the five research universities in British Columbia: University of British Columbia; University of British Columbia-Okanagan; Simon Fraser University; University of Victoria; and the University of Northern British Columbia.

For more information on transfer visit the BC Transfer Guide and BCCAT websites.

assessments

If your course prerequisites indicate that you need an assessment, please see our Assessment page for more information.

noticecurriculum notice

There is an upcoming curriculum change scheduled for .
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