Learning the 'How' of the Law: Teaching Procedure and Legal Education
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Authors
Bamford, David
Farrow, Trevor C.W.
Karayanni, Michael M.
Knutsen, Erik S.
Shipman, Shirley
Thornburg, Elizabeth G.
Date
2013
Type
journal article
Language
en
Keyword
Alternative Title
Abstract
This article examines the approaches to teaching civil procedure in five common law jurisdictions (Canada, Australia, United States, Israel, and England). The paper demonstrates the important transition of civil procedure from a vocational oriented subject to a rigorous intellectual study of policies, processes, and values underpinning our civil justice system, and analysis of how that system operates. The advantages and disadvantages of where civil procedure fits within the curriculum are discussed and the significant opportunities for ‘active’ learning are highlighted. The inclusion of England where civil procedure is not taught to any significant degree in the law degree provides a valuable comparator. Common findings from the other jurisdictions suggest that teaching civil procedure enhances the curriculum by bringing it closer to what lawyers actually do as well as enabling a better understanding of the development of doctrinal law.
Description
Citation
Bamford, David; Knutsen, Erik S. et al., "Learning the 'How' of the Law: Teaching Procedure and Legal Education" (2013). 51 Osgoode Hall Law Journal. 45-91
Publisher
Osgoode Hall Law School of York University