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THE UNIVERSITY RECORD
of the
UNIVERSITY OF FLORIDA
COLLEGE OF LAW
1953 54
Series 1, No. 9
September 1, 1953
Published monthly by the University of Florida, Gainesville, Florida
Entered in the post office in Gainesville, Florida, as second-class matter,
under Act of Congress, August 24, 1912
Office of Publication, Gainesville, Florida
Vol. XLVIII
THE COLLEGE OF LAW
Faculty
Harry Raymond Trusler, LL.B. ..... Dean of the College of Law, Emeritus
Robert Spratt Cockrell, LL.B. . . . . ... Professor of Law, Emeritus
Clifford Waldorf Crandall, LL.B., LL.D . . Professor of Law, Emeritus
Henry Anderson Fenn, B.A., LL.B. ......... .Dean and Professor of Law
Robert Barbeau Mautz, B.A., LL.B. . . Assistant Dean and Associate
Professor of Law
Kenneth L. Black, B.A., LL.B. ................. Professor of Law
Vernon Wilmot Clark, B.A.E., M.A., LL.B. ......... Professor of Law
James Westbay Day, B.S., B.S. in Educ., M.A., J.D. . . Professor of Law
Dexter Delony, B.S., LL.B., LL.M ................ Professor of Law
William Armstrong Hunter, B.A., LL.B., LL.M., S.J.D.. . Professor of Law
William Dickson Macdonald, B.S., LL.B., LL.M. ...... Professor of Law
Frank E. Maloney, B.A., LL.B. ................. Professor of Law
George John Miller, B.A., B.A. (Oxon.),LL.M.,
Doctor of Laws (Madrid) ................. Professor of Law
Eugene F. Scoles, B.A., J.D., LL.M. ............... Professor of Law
Dean Slagle, B.A., M.A., LL.B. ................. Professor of Law
Clarence John TeSelle, B.A., M.A., LL.B. ......... Professor of Law
Karl Krastin, B.A., LL.B. ............... AssociateProfessor of Law
James R. Richardson, B.A., LL.B. .......... AssociateProfessorof Law
Richard B. Stephens, B.A., LL.B. .......... Associate Professor of Law
Philip Keyes Yonge, B.A., LL.B. .......... Associate Professor of Law
********
Stanley LeRoy West, LL.B., B.S. in L.S. .. Director of University Libraries
Ila Rountree Pridgen, LL.B ................... Law Librarian
Talbert B. Fowler, Jr., B.A., LL.B. . . . .... Assistant Law Librarian
GENERAL INFORMATION
The College of Law, founded in 1909, began its work in the Thomas Hall
Dormitory for men under the deanship of Albert J. Farrah, a graduate of the
University of Michigan, who served from 1909 until 1912.
Following the administration of Dean Farrah, Thomas W. Hughes served as
Dean from 1912 until 1915. The Law Building, erected in 1914, was one of the
first permanent units on the campus.
Harry R. Trusler, also a graduate of the University of Michigan, was appoint-
ed to the deanship in 1915 and served in that capacity until 1947. During his
administration the College of Law was accredited by the New York State Board of
Regents in 1917, admitted to membership in the Association of American Law
Schools in 1920, and recognized as an "A" school by the American Bar Association
in 1925.
The College of Law was opened to women students in 1925, and in 1933 the
requirements for admission were increased to require an academic degree.
In September of 1941, the entire plant of the College of Law was dedicated
and named in the memory of Nathan Philemon Bryan, Chairman of the Board of
Control at the time of the founding of the College of Law, and former United
States Senator and United States Circuit Judge. Also in 1941 the Law Library
was built.
During the summer of 1948 the building which has housed the College of Law
since 1914 was completely renovated. A new office suite was added for the Dean
and additional offices for members of the faculty were provided. In the spring of
1950 construction of a new wing was completed, which provides a library reading
room seating approximately one hundred and fifty students, a courtroom-auditor-
ium with a seating capacity of approximately two hundred and fifty, and a suite
of offices for the University of Florida Law Review.
The aim of the College is to impart a thorough, scientific, and practical
knowledge of the law. It aims to develop keen, efficient lawyers, conversant with
the ideals and traditions of the profession. Its policy is characterized by the
emphasis of practice as well as theory; pleading as well as historical perspective; skill
in drafting, as well as in giving legal information.
ADMISSIONS
Students without previous law school study are admitted at the beginning
of the first and second semesters, but are not admitted to the summer session.
PROCEDURE FOR ADMISSION
Applicants for admission to the College of Law are required to file a preliminary
application with the University Registrar on or before August 15 for the first
semester, December 26 for the second semester. It will be impossible to consider
applications received after these dates.
Upon receipt of the preliminary application, the Registrar will furnish final
application forms. No applicant will be admitted until he has filed a complete
transcript of his record from each law school, college or university attended (other
than the University of Florida), and a written statement concerning his previous
attendance at other law schools and, if he has attended another law school, a
certificate from the Dean thereof that he is in good standing at that institution.
REQUIREMENTS FOR ADMISSION
Beginning Students.-Applicants for admission must have received before ad-
mission a 4-year baccalaureate degree from an accredited college or university, ex-
cept in the case of veterans, who will be admitted after they have completed 94
hours of satisfactory work in an accredited college or university if they have main-
tained a scholastic average of C or higher on all work undertaken. (For informa-
tion as to the procedure necessary to qualify for the various types of educational
benefits available to veterans, consult the University catalog.)
Law School Admission Test.-All applicants for admission as beginning stu-
dents must take the Law School Admission Test given by the Educational Testing
Service in cooperation with leading law schools throughout the country. Test
scores are not a criterion for admission to this College, but will be used in connec-
tion with guidance and counselling of students after admission. This requirement
may be waived upon petition showing reasonable cause, but in such event, the
test must be taken at the first opportunity after entering this College.
The test may be taken before application is made for admission to law school.
A fee of $10.00 is charged by the Educational Testing Service and applications to
take the test must be sent directly to the Educational Testing Service, Box 592,
Princeton, New Jersey. Tests are normally given in February, April, August and
November, and are scheduled at the University of Florida and other centers
throughout the United States on February 21, 1953, April 25, 1953, August 8,
1953, and November 1953. Requests for the blank applications to take the
test should be sent to the Educational Testing Service four or five weeks in advance
of the date of testing so that the completed application and fee will be received in
Princeton no later than ten days prior to the testing date which the candidate
has chosen.
Advanced Standing.-A student wishing to transfer from another accredited
law school who, at the time of beginning his study of law, qualified for admission
to this College under the above stated requirements for beginning students (other
than the Law School Admission Test) and who has maintained a scholastic average
of C or higher on all previous law school work undertaken, may apply for admission
with advanced standing. Courses completed with a grade of C or higher in other
accredited law schools will be accepted for credit up to but not exceeding a total
of thirty hours.
In no case will credit be given for correspondence courses or other work not
done in residence in an accredited law school.
In no case will a person who has received a law degree from an accredited law
school be admitted as a candidate for the LL.B. degree.
FEES AND EXPENSES
Although expenses vary considerably with individual students, an unmarried
Florida student attending the College of Law should anticipate expenses of at least
$550.00 per semester estimated as follows: Registration fee $75.00; books and
supplies $50.00; laundry and cleaning $35.00; room $90.00; board $200.00; inci-
dental expenses $100.00. Non-Florida students are charged a registration fee of
$250.00 per semester instead of the $75.00 fee charged Florida students. (Consult
the University Catalog for details as to the classification of students as Florida or
non-Florida students.)
Late registration increases the registration fee $5.00; this increased fee will not
be waived for any reason.
A graduation fee of $10.00 to cover the cost of the candidates diploma and,
rental of cap and gown, is payable at the time of the filing of the candidate's ap-
plication for graduation.
Consult the University Catalog for the time and place of the payment of fees
and expenses.
HOUSING
All communications or inquiries concerning housing, applications, deposit
fees, and rent payments in University Housing facilities should be sent to the
Director of Housing, University of Florida, Gainesville. A student may make
his own arrangements directly with the property-owner for off-campus accommo-
dations in private housing.
FINANCIAL ASSISTANCE
Student Employment.-The faculty of the College of Law recommends that
students refrain from taking part-time employment during the first two semesters
of study except in cases of absolute necessity. Consult the University Catalog for
information concerning part-time employment at the University.
Scholarships.-No scholarship funds are available exclusively for law students.
Consult the University Catalog for information as to scholarship funds which may
be made available to law students.
Loan Funds.-The Senior Law Loan Fund, available to needy seniors in the
College of Law, was established by the Law Class of 1938 and has been increased
by subsequent gifts. Applications should be made to the Dean of the College of Law.
Consult the University Catalog for information as to other loan funds which
may be made available to law students.
SUMMER SESSION
The College of Law conducts a summer session for students who have had one
or more semesters of law study. Beginning students are not admitted to the summer
session. Detailed information as to dates and courses is given in the Bulletin of
the Summer Session which is usually published in April.
The faculty of the College of Law feels that continuous law study throughout
the year is undesirable except in cases where it is essential that a student accelerate
his work, and therefore strongly urges students who have been in continuous at-
tendance for two or more semesters not to attend the summer session.
REQUIREMENTS FOR DEGREES
All degrees are conferred by the Board of Control at regular commencement
exercises. All candidates for degrees are required to be present at commencement
exercises (Baccalaureate Sermon and Commencement Convocation). A student
who fails to attend without being excused by the Board of Control will not have his
degree conferred until he makes another application and complies with this re-
quirement.
The Faculty of the College of Law will recommend for the degree of Bachelor
of Laws (LL.B.) candidates who have complied with the following requirements:*
1. Completion, with a passing grade of courses totalling at least 85 credits, of
which at least 55 must have been completed in this College.
2. Maintenance of a 2.0 honor point average on all work attempted in this
College.
3. Completion of at least 96 weeks of study in residence in an accredited law
school, of which at least 62 must have been in residence in this College.
(In the case of a student admitted prior to September, 1953, completion
of at least 90 weeks of study in residence at an accredited law school is
required of which at least 56 must have been in residence at this College.)
4. Completion of the last 28 credits and the last 30 weeks of study in resi-
dence in this College, unless other arrangements are made in advance by
written petition approved by the faculty of the College of Law.
In cases of superior scholarship and intellectual attainments the Bachelor of
Laws degree may be recommended With Honors or With High Honors. Ordinarily,
to be eligible for consideration for the degree of Bachelor of Laws With Honors the
candidate must have maintained an honor point average of 3.0 on all work at-
tempted, and to be eligible for consideration for the degree of Bachelor of Laws
With High Honors the candidate must have maintained an honor point average of
3.5 on all work attempted which work must include Advanced Legal Research or
Law Review.
STANDARDS OF THE AMERICAN BAR ASSOCIATION
The Council on Legal Education and Admissions to the Bar of the American
Bar Association requests that attention be called to the Standards of the American
Bar Association adopted in 1921 and by it recommended for enactment by all states.
These Standards as amended provide in effect that every candidate for admission
to the bar, in addition to taking a public examination, shall give evidence of
graduation from a law school which shall require at least three years of acceptable
college work as a condition of admission, and three years of law study (or longer
if not a full-time course), which shall have an adequate library and a sufficient
number of teachers giving their entire time to the school to ensure actual personal
acquaintance and influence with the whole student body, and which shall not be
operated as a commercial enterprise.
LIBRARY
The Law Library contains over 40,000 volumes, with accessions being made at
the rate of approximately three thousand volumes a year. In it are included the
published reports of the courts of last resort in every state in the Union and of
the Federal Courts, the English Reports, Full Reprint, the English Law Reports,
Law Journal Reports, Law Times Reports, Dominion Law Reports, the Canadian
Reports, Australian Reports, New Zealand Reports, Scottish Reports, and the
Philippine Reports, together with a collection of digests, encyclopedias, series of
*Students in attendance prior to February 4, 1950, or admitted with advanced standing prior
to September, 1951, should consult the 1952-53 catalog for their graduation requirements.
selected cases, English and American treatises and textbooks, and the statutes of a
majority of American jurisdictions including the Federal statutes.
UNIVERSITY OF FLORIDA LAW REVIEW
The University of Florida Law Review is published quarterly by the student
Editorial Board assisted by the Faculty Advisors. Approximately half of the publi-
cation is written by the students, and the remainder, written by specialists in
various fields, is selected and edited by the Editorial Board. Emphasis as to subject-
matter is on Florida and federal law. The work furnishes intensive training in
research, organization, analysis and style. Members of the Editorial Board are
elected on the basis of scholarship and past performance of law review work. After
the freshman year, credit can be obtained for work satisfactory to the Faculty
Advisors.
STUDENT ORGANIZATIONS
The John Marshall Bar Association is the student bar association affiliated with
the Florida Bar and open to all members of the student body. It arranges for
prominent members of the Bar to address the law students, and has committees
which advise with the faculty on matters of common interest such as curriculum
and pre-law study.
Delta Theta Phi, Phi Alpha Delta, and Phi Delta Phi, national legal fraterni-
ties, and Phi Delta Delta, national legal sorority, have active chapters at the College.
PRIZES AND AWARDS
American Jurisprudence Awards.-The publishers of American Jurisprudence
award a bound volume of an appropriate title from American Jurisprudence to the
student making the highest grade in each class in the following courses: Intro-
duction to Public Law, Business Organizations, Introduction to Property, Creditors'
Rights, Commercial Law II, Private Corporations, Conflict of Laws, United States
and Florida Constitutional Law, Contracts II, Introduction to Equity, Evidence,
Insurance, Labor Law, Municipal Corporations, Introduction to Judicial Admin-
istration, Public Utilities, Commercial Law I, State and Local Taxation, Estates &
Trusts I, Fiduciary Administration.
Bureau of National Affairs Award.-A prize of one year's subscription to
Law Week is offered by the Bureau of National Affairs to that student in the
graduating class whose record in the final year of law study reflects the greatest im-
provement over that of the preceding years.
Gertrude Brick Law Review Apprentice Prize.-Alumnus Albert Brick, in
memory of his mother, has established a trust fund providing a prize of $25 to the
University of Florida Law Review apprentice doing the best work in each of the
regular semester and summer session apprentice groups.
Lopez Law Review Contributor Award.-Law alumnus Aquilino Lopez, Jr.,
of Key West, provides an award of $50 each year to the outstanding student
contributor to University of Florida Law Review, based on work done otherwise
than as a member of the Editorial Board.
The Harrison Company First Year Award.-The Harrison Company awards
Adkins, Florida Criminal Procedure Act Annotated, to the first year law student
making the highest average in 29 hours of law taken in this institution.
The Harrison Company Senior Award.-The Harrison Company awards
Kooman, Florida Chancery Pleading and Practice, to the senior law student doing
all his work in this institution who makes the highest record during his law course.
Nathan Burkan Memorial Prize.-The American Society of Composers,
Authors and Publishers each year awards cash prizes to students at this institution
submitting the best essays on the subject of copyright law.
Redfearn Prize.-For the past nine years The Honorable D. H. Redfearn of
Miami has offered a prize of $50 for the best essay by a law student on some topic
of legal reform. This prize will be continued in 1953-54.
CHANGES OF RULES-OFFICIAL NOTICES
The privilege is reserved to modify, amend or revoke any rules or regulations
set forth herein upon due notice posted upon the official bulletin board of the
College of Law.
All students are held responsible for knowledge of all matters posted on the
official bulletin board.
ATTENDANCE-RULES OF DISCIPLINE
Satisfactory law study cannot be done without regular class attendance. When
a student has been absent from a course twice as many class hours as the number of
credit hours assigned to the course, an absence warning notice will be sent to the
student. A student will be dropped from a course after two unexcused additional
absences following such a warning notice.
All students are admitted subject to the rules of the University of Florida
relating to discipline and any amendments thereof.
REGISTRATION
Registration dates are set forth in the University Calendar. Dates for summer
session registration are listed in the Summer Session Bulletin. Students are responsible
for registering on these specified dates. Late registration fees will be charged for
students registering any time after the specified registration period.
All students must adhere to the registration procedure as announced by the
Office of the Registrar. This includes not only filing the prescribed forms at the
designated places, but also payment of all fees.
Change of Registration.-A student is not permitted to drop a course, add a
course, exchange one course for another, or change sections in the same course with-
out the approval of the Dean and the presentation at the Office of the Registrar of
the cards authorizing the change. An instructor will not admit a student to or
drop him from any class except after notification on the proper form from the
Registrar's Office. No student will receive credit for any course for which he is
not properly registered. Dates within which courses may be dropped or added are
set forth in the University Calendar. No changes can be made after these dates
except by permission of the University Senate Committee on Student Petitions
after formal petition.
Maximum and Minimum Load.-No student may register in any semester for
less than twelve credits nor more than sixteen credits of work without permission
from the Dean.
Repeating Courses.-A student who has passed a course cannot repeat it. A
student who has failed a course cannot repeat it, except that in exceptional circum-
stances, the Dean, in his discretion, may permit repetition of a failed course.
CURRICULUM AND GRADES
Program of Study.-The program of study contemplates six regular semesters
of work beginning in the Fall semester of the academic year, although efforts are
made to adjust the program to meet the needs of students entering in the Spring
semester and those attending the Summer sessions.
For students entering in September, 1953, and thereafter, the following pro-
gram of study is prescribed:
First Year
First Semester Credits Second Semester Credits
LW. 401-Contracts I .......................... 3 LW. 402-Contracts II ........................ 2
LW. 403-Criminal Law I .................... 2 LW. 404-Criminal Law II .................... 2
LW. 405-Introduction to Equity ........ 2 LW. 406-Introduction to Public Law 3
LW. 407-Introduction to Judicial LW. 408-Introduction to Legal Re-
Administration .................... 2 search & Writing ............... 2
LW. 409-Introduction to Property .... 3 LW. 410-Estates & Trusts I ............ 3
LW 411- Torts I .................................. 2 LW 412- Torts II ............................... 3
14 15
Second Year
First Semester Credits Second Semester Credits
LW. 501-Commercial Transactions I .. 3 LW. 502-Commercial Transactions II 2
LW. 503-Business Organizations ...... 3 LW. 504-Private Corporations ............ 3
LW. 505-State & Local Taxation ...... 2 LW. 506-Estate & Gift Taxation .... 2
LW. 507-Pleading & Jurisdiction ...... 4 LW. 508-Evidence ................................ 4
LW. 509-Acquisition of Real LW. 510-Fiduciary Administration L. 2
Property ................................ 3
13
15
Third Year
First Semester Credits Second Semester Credits
LW. 605-Income Taxation .................. 2 LW. 606-United States & Florida
LW. 607-Pre-Trial and Trial Constitutional Law ............. 3
Procedure .............................. 2 LW. 608- Conflict of Laws .................. 3
LW. 609-Future Interests ....-............. 3 LW. 612-Legal Ethics .......................... 1
Electives ...............................- 7 Electives ................................ 7
14 14
Electives.-LW. 690, Law Review, may be taken in the first semester of the
second year and thereafter.
Electives in the 500 number group may be taken in the second semester of
the second year or thereafter; other electives are limited to third year students.
For students entering prior to September, 1953, the first year of work is pre-
scribed and work after the first two semesters is elective, except that all students
are required to take LW. 612, Legal Ethics, in the fifth or sixth semester.
In exceptional cases the Dean may authorize deviations from the prescribed
program of study.
Prerequisites for particular courses may be prescribed and the privilege is re-
served by each member of the faculty to limit the number and to prescribe special
qualifications for students in his courses and seminars.
The privilege is reserved to cancel any course or seminar when the registration
for it does not warrant its being given in a particular semester.
Examinations.-In first semester courses mid-semester examinations are given
for the primary purpose of acquainting students with law school examinations.
Examinations are given at the end of each semester in most courses; in seminars and
other advanced courses individual written work may be required in lieu of an
examination.
Grading Scale.-Grades are given at the end of each semester in all work. Stu-
dents' work is graded according to the following scale: A-excellent; B-good;
C-satisfactory; D-poor; and E-failure. No numerical grades are given. Grades
of I (Incomplete) and X (Absent from examination) are temporary grades, which
must be changed to passing grades within the dates set in the University Calendar
or be treated as grades of E in considering a student's record for graduation or in
calculating averages. The grade of Ew is given when a student is dropped for
non-attendance or unsatisfactory work.
Determination of Honor Point Average.-The honor point average is de-
termined by computing the ratio of honor points to semester hours of work
attempted. The student receives honor points according to the following scale: A
equals 4 honor points per semester hour; B equals 3 honor points per semester hour;
C equals 2 honor points per semester hour; D equals 1 honor point per semester
hour; E (failure), or Ew (dropped for non-attendance or unsatisfactory work),
or I (incomplete), or X (absent from examination) equals 0 honor point per
semester hour.
Probation and Exclusion Rules.-University regulations provide that a stu-
dent who fails fifty per cent or more of his work in any term or semester, will be
suspended one semester for poor scholarship and will not be readmitted to the
University until the lapse of one semester, except upon the approval of a formal
petition to the Senate Committee on Student Petitions, and that a student who has
been dropped once and in any subsequent period of attendance fails fifty per cent
or more of his work, shall be suspended for poor scholarship and not be eligible for
readmission.
In addition to the University exclusion rules, the following probation and ex-
clusion rules are applicable to all students attending the College of Law:
A student who fails to maintain a 1.8 honor point average for all work at-
tempted in any semester will be placed on probation for the next semester in which
he is in attendance. A student on probation will be excluded at the end of the
semester unless he maintains a 2.0 honor point average in all work attempted in
that semester, or has a 2.0 cumulative honor point average in the total of all work
attempted in the College.* A student excluded under this rule will not be read-
mitted except by special action of the faculty of the College of Law.
Grades of I and X will be considered as grades of E for the purpose of com-
puting the honor point average under this provision until such time as they are
changed to passing grades, at which time the honor point average will be recomputed
on the basis of the permanent grades and the student restored to good standing,
continued on probation, or immediately excluded as the application of the fore-
going provision may require.
For the purpose of this provision a semester means either (1) the regular fall
semester; (2) the regular spring semester; or (3) if summer session is attended, such
session and the following regular semester attended, as a unit.
*For exclusion rules applicable to students who entered the College prior to February, 1960,
pee 1952-53 catalog.
LAW
Instructional Staff 1952-53
Fenn, Henry A., Dean; Mautz, Robert B., Assistant Dean; Black, Kenneth L.;
Clark, Vernon W.; Day, James W.; Delony, Dexter; Hunter, William A."";
Krastin, Karl; Macdonald, William D.; Maloney, Frank E.; Miller, George J.;
Richardson, James R.; Scoles, Eugene F."'; Slagle, Dean; Smith, J. Allen; Smith,
William R.; Stephens, Richard B.; TeSelle, Clarence J.; Yonge, Philip K.*
LW. 401.-Contracts I. 3 hours. 3 credits. Offered 1 and 2.
An introduction to the law of business agreements; enforceability of promises;
consideration; formation and discharge of contracts.
LW. 402.-Contracts II. 2 hours. 2 credits. Offered 1 and 2.
The effect of various types of non-performance on the rights and duties of
the parties to a business agreement; assignability of contracts; rights of third-
party beneficiaries.
LW. 403.-Criminal Law and Procedure I. 2 hours. 2 credits. Of-
fered 1 and 2.
Sources of state and federal criminal law; nature of crime; elements of crime
in general; elements of particular crimes at common law and in Florida; applicable
Florida statutes and their construction in reference to particular crimes and
criminal procedure.
LW. 404.-Criminal Law and Procedure II. 2 hours. 2 credits.
Offered 1 and 2.
A continuation of LW. 403. Also: defenses in criminal prosecutions; Federal
Rules of Criminal Procedure and their construction.
LW. 405.-Introduction to Equity. 2 hours. 2 credits. Offered
1 and 2.
Formerly "Equity I." Nature and enforcement of decrees of equity; possessory
bills; equitable relief against torts, including protection of rights in land, tangible
and intangible personal property, and personality, public and political interests;
unjust enrichment as related to equity.
*On leave of absence 1952-53
**On military leave of absence 1952-68
The statement "Offered 1" means offered first semester; 2, second semester; 8, summer session.
LW. 406.-Introduction to Public Law. 3 hours. 3 credits. Offered
1 and 2.
Formerly "Administrative Process" and "United States Constitutional Law I."
Nature of constitutional government; problems of dual sovereignty; analysis of
the legislative, executive, judicial and administrative functions of government;
Supreme Court jurisdiction and procedural steps related to review; the legislative
process and interpretation of statutes; the role of the executive branch; implied
powers; problems of delegation; interstate and foreign commerce; federal taxing
and spending; procedural and substantive due process; fundamentals of adminis-
trative law.
LW. 407.-Introduction to Judicial Administration. 2 hours. 2
credits. Offered 1 and 2.
Formerly "Procedure I." The nature of adjective law and its relation to
substantive law; federal and state court systems; selection, tenure and removal
of judges; powers and duties of attorneys; the grand jury; the petit jury; judicial
power and separation of powers; extraordinary writs; equity and admiralty
jurisdiction; common law forms of action.
LW. 408.-Introduction to Legal Research and Writing. 2 hours. 2
credits. Offered 1 and 2.
Formerly "Legal Bibliography." Make-up and content, of legal encyclopedias,
digests, citators, reporter systems, periodicals, and texts; legal vocabulary and style;
format; organization of a note, a case comment, and an office memorandum of
law, the technique of thorough, accurate, and rapid research. The purpose of this
course is to give the student a working knowledge of law books; each student will
prepare a simple note or comment and a memorandum of law on assigned problems.
LW. 409.-Introduction to Property. 3 hours. 3 credits. Offered
1 and 2.
Formerly "Property I" and "Property II." Distinction between real property
and personal property; acquisition of title to personal property; introduction to
law of real property; types of estates; origin and development of methods of
creating and transferring estates.
LW. 410.-Estates and Trusts 1. 3 hours. 3 credits. Offered 1 and 2.
The substantive law of interstate succession, execution of wills, making of
gifts inter vivos and causa mortis, and creation of non-commercial trusts.
LW. 411.-Torts I. 2 hours. 2 credits. Offered 1 and 2.
Intentional harms to persons and property: assault and battery, false imprison-
ment, trespass to land, interference with chattels, infliction of mental disturbance;
strict liability; defamation; invasion of privacy; interference with advantageous
relations.
LW. 412.-Torts II. 3 hours. 3 credits. Offered 1 and 2.
Negligence: early developments, standard of care, duty to act, functions of
judge and jury, res ipsa loquitur, proximate cause, defenses, measure of damages;
nuisance; liability of owners and occupiers of land; relationship of tort and contract
liability; misrepresentation.
The statement "Offered 1" means offered first semester; 2, second semester: 8, summer session.
LW. 501.-Commercial Transactions I. 3 hours. 3 credits. Of-
fered 1 and 2.
Formerly "Sales" and "Negotiable Instruments." An integrated study of the
law applicable to commercial transactions, with emphasis on the distribution of
goods, the issuance and negotiation of commercial paper, and the means by which
transactions are secured, such as, conditional sales, chattel mortgages, liens, pledges,
and contracts of suretyship.
LW. 502.-Commercial Transactions II. 2 hours. 2 credits. Of-
fered 1 and 2.
A continuation of Commercial Transactions I.
LW. 503.-Business Organizations. 3 hours. 3 credits. Offered 1
and 2.
Creation of business associations, including general business corporations;
rights and liabilities, both to each other and to third persons, arising from the
relationship of master-servant and principal agent, considered in the context of
such associations; partnership property and rights of partnership creditors con-
trasted with rights of creditors of individual partners; termination and dissolution
of partnership.
LW. 504.-Private Corporations. 3 hours. 3 credits. Offered 1
and 2.
State constitutions and statutes; articles of incorporation; powers reserved
by the state; promoters and underwriters; pre-incorporation stock subscriptions;
corporate organizations; drafting and adoption of by-laws; exercise of corporate
powers; rights and duties of officers and directors; classes of stock; rights of stock-
holders; state regulation of transfers of stock; liability of stockholders, officers
and directors; stockholder's derivative and representative suits; voluntary dis-
solution.
LW. 505.-State and Local Taxation. 2 hours. 2 credits. Offered
1 and 2.
Nature and purposes of federal and state taxation; comparison of property
and excise taxes; tax jurisdiction; assessment procedures; methods of collecting
taxes; remedies of taxpayers for illegal taxation.
LW. 506.-Estate and Gift Taxation. 2 hours. 2 credits. Offered
1 and 2.
Elements of federal tax procedure; fundamentals of federal estate and gift
taxation; techniques of federal tax research.
LW. 507.-Pleading and Jurisdiction. 4 hours. 4 credits. Offered
1 and 2.
Formerly "Procedure II." History of Florida and Federal procedural law;
joinder and splitting of causes of action; counterclaims; venue; in personal and
in rem jurisdiction; parties in interest; joinder of parties; interpleader intervention;
class suits; commencement of actions.
The statement "Offered 1" means offered first semester; 2, second semester; 3, summer session.
LW. 508.-Evidence. 4 hours. 4 credits. Offered 1 and 2.
Witnesses, including competency, privilege, examination, impeachment and
rehabilitation; character evidence; hearsay and the exceptions to its exclusion;
opinion; real evidence; proof of execution of writings; the "best-evidence" rule;
judicial notice; presumptions; burden of proof.
LW. 509.-Acquisition of Real Property. 3 hours. 3 credits. Of-
fered 1 and 2.
Formerly Property III. The real estate contract; adverse possession; adverse
user; recording acts; deeds and their execution; covenants for title; after-acquired
titles; covenants running with the land; creation of easements and profits; licenses.
LW. 510.-Fiduciary Administration I. 2 hours. 2 credits. Offered
1 and 2.
Administration of decedents' estates and non-commercial trusts steps in the
administration of a decedent's estate, whether testate or intestate; powers of
the executor, the administrator, and the trustee.
LW. 524.-Legal Accounting. 2 hours. 2 credits.
Basic patterns of business, corporate and tax accounting; accounting principles,
procedures and statements; commercial practice and procedures related to judicial
and administrative requirements. Designed for students with no previous account-
ing background.
LW. 552.-Abstracts. 2 hours. 2 credits. Offered 1 and 2.
Abstracts of title; description of land; records of title in Florida; curative
acts and limitations acts pertaining to defects of title; the formal requisites of
conveyances in Florida; conveyances by married women; conveyances of home-
stead; conveyances by corporations; the lien of state and federal judgments; federal
tax liens.
LW. 554.-Estates and Trusts II. 2 hours. 2 credits. Offered 2.
A continuation of LW. 510. Protection of the family of the transferor;
admissibility and effect of extrinsic evidence; ademption, lapse and satisfaction;
revocation of wills; termination of trusts.
LW. 572.-Domestic Relations. 2 hours. 2 credits. Offered 1 and 2.
Nature of contract to marry and of marriage; requisites for validity; annul-
ment doctrines; divorce: causes, grounds, defenses, jurisdiction; economic and
tort relations between spouses and parent and child.
LW. 574.-Advanced Equity. 2 hours. 2 credits. Offered 1.
Formerly "Equity II." Specific performance: nature of jurisdiction, the
statute of frauds, part performance; rescission and reformation; equitable relief
against unjust situations at law, including interpleader, accounting, bills quia time,
bills of peace, and class suits.
LW. 605.-Income Taxation. 2 hours. 2 credits. Offered 1 and 2.
The fundamentals of federal income taxation; techniques of federal tax
research.
The statement "Offered 1" means offered first semester; 2, second semester; 3, summer session.
LW. 606.-United States and Florida Constitutional Law. 3 hours.
3 credits. Offered 1 and 2.
Formerly "United States Constitutional Law II" and "Florida Constitutional
Law." Comparison of United States and Florida constitutional law; more detailed
study of concepts introduced in LW. 406; other federal powers; the bill of rights;
boundaries; impairment of the obligations of contracts; eminent domain; impeach-
ment; amendments; problems of overlap in state and federal control; current
composition, role and operation of the Supreme Courts. The analysis of Florida
constitutional law also includes the police power; general laws; special and local
laws; population acts; the governor's powers of suspension and removal; types of
administrative agencies; bases of county and municipal government; need for and
status of constitutional revision.
LW. 607.-Pre-trial and Trial Procedure. 2 hours. 2 credits. Of-
fered 1 and 2.
Formerly "Procedure III." Pre-trial procedure; depositions; discovery; trials;
trials by court or by jury; dismissal of actions; motion for directed verdict; new
trials.
LW. 608.-Conflict of Laws. 3 hours. 3 credits. Offered 1 and 2.
Rules and policy considerations by which the forum determines the legal
system which is controlling when one or more of the operative facts in the case
is connected with another state or country; concepts of domicile; jurisdiction;
recognition and enforcement of foreign judgments; family law with emphasis
upon jurisdictional problems of divorce; choice of law problems in selected fields,
including torts, contracts, and decedents' estates.
LW. 609.-Future Interests. 3 hours. 3 credits. Offered 1 and 2.
A study of testamentary and inter vivos transmissions of mixed assets to
achieve defined results through differing periods of time and circumstance: condi-
tional estates; gifts to classes; powers; rule against perpetuities; restraints on
alienation.
LW. 612.-Legal Ethics. 1 hour. 1 credit. Offered 1 and 2.
Responsibilities of the legal profession; Canons of Ethics of the American
Bar Association; organization of the bar; current problems and activities of the
legal profession.
LW. 623.-Corporate Finance. 2 hours. 2 credits.
Corporate financial structure; valuation and accounting; corporate merger,
consolidation, purchase and sale of assets; holding company relationships; adminis-
tration of surplus; stockholder distributions; federal security legislation and state
blue sky laws.
LW. 624.-Corporate Reorganization. 2 hours. 2 credits. Offered 1.
Merger, consolidation, and termination of corporations; reorganization without
judicial supervision; reorganization in equity and under Chapter X of the Bank-
ruptcy Act; some federal tax aspects of reorganization.
The statement "Offered 1" means offered first semester; 2, second semester; 8, summer session.
LW. 631.-Insurance. 2 hours. 2 credits. Offered 2.
Historical background; construction of contracts; the modern insurance
code; insurance practice and litigation; employee benefit plans; business insurance.
LW. 632.-Creditor's Rights. 3 hours. 3 credits. Offered 1 and 2.
Alternative remedies available to the unsecured creditor; conveyances in fraud
of creditors; state insolvency proceedings and adjustment by agreement between
debtor and creditors; the Federal Bankruptcy Act.
LW. 641.-Judgments and Appeals. 2 hours. 2 credits.
Formerly "Procedure IV." Analysis of the judgment; methods of review in
Florida and federal practice; notice; assignments of error; record; technique of
appellate briefing and oral argument; factors in estimating advisability of seeking
review.
LW. 642.-Federal Jurisdiction. 2 hours. 2 credits. Offered 2.
Federal judicial system; civil jurisdiction; limitations on jurisdiction; appli-
cation of state law; exclusive jurisdiction; concurrent jurisdiction; federal ques-
tions; diversity of citizenship; collusion among parties; judicial re-arrangement
of parties; jurisdictional amount; joinder of separate claims; removal of suits from
state courts; separable controversies; ancillary proceedings.
LW. 644.-Trial Techniques. 2 hours. 2 credits. Offered 2.
Formerly "Trial Practice." Selection of jury; instructions; trials; verdicts;
directed verdicts; judgments.
LW. 651.-Fiduciary Administration II. 2 hours. 2 credits. Of-
fered 1.
Problems of the fiduciary in the allocation of receipts and disbursements
between principal and income in the administration of trusts and estates; the
Uniform Principal and Income Act.
LW. 653.-Mortgages. 2 hours. 2 credits. Offered 1 and 2.
Formerly "Security Transactions." Real Property mortgages: problems of
creation; assignment; priorities; rights and duties of the parties; merger; fore-
closures.
LW. 661.-Administrative Law. 2 hours. 2 credits.
Analysis of the administrative process with emphasis on: the reason for and
validity of delegation; constitutional, statutory, judicial and agency-made rules
of administrative procedure; methods and scope of judicial review of administrative
action.
LW. 662.-Public Utilities. 3 hours. 3 credits. Offered 1.
Businesses affected with public interest; validity of governmental regulation;
extent of duty to serve; excuses for failure to serve; abandonment of service;
regulation of rates; computing the rate base; measures of value; property used
and useful; intangibles involved; operating expenses; computing depreciation;
preferences to classes and localities; discrimination in rates; federal and state
regulation, extent of regulatory powers; corporate affiliations; regulation of holding
companies.
The statement "Offered 1" means offered first semester; 2, second semester; 3, summer session.
LW. 663.-Labor Law. 3 hours. 3 credits. Offered 2.
Government protection and control of labor activities, such as picketing and
strikes, and the means used, including the labor injunction; the framework of
collective bargaining; the negotiation of collective agreements and their operation;
the relation between the bargaining representative and individual employees.
LW. 665.-Municipal Corporations. 2 hours. 2 credits. Offered 1.
Legal problems encountered in the conduct of government at the local level,
principally municipal; types and nature of local units, their place in the govern-
mental structure, their organization, personnel, powers, procedure, means of
financing, and limitations; community planning.
LW. 667.-Trade Regulation. 2 hours. 2 credits.
Common law and statutory regulation of trade and industry; the restraint
of trade and the anti-trust laws.
LW. 668.-Unfair Trade Practices. 2 hours. 2 credits.
Unfair business practices at common law and under state and federal statutes;
trade marks and trade names; false advertising; price discrimination; miscellaneous
business torts.
LW. 669.-International Law. 2 hours. 2 credits. Offered 2.
Principles of international law as applied in international adjudication and
arbitration and in American courts. Includes selected problems dealing with the
sources, authority and application of international law; recognition; territory;
nationality; jurisdiction; treaties; extradition; the United Nations and other inter-
national organizations.
LW. 671.-Admiralty. 2 hours. 2 credits. Offered 2.
Origin of admiralty jurisdiction; waters and craft; laws affecting maritime
affairs; sovereign immunity; maritime liens; seamen's rights; carriage of goods;
charter parties; towage; pilotage; salvage; general average; collisions; navigation
rules; limitation of liability; marine insurance.
LW. 672.-Damages. 2 hours. 2 credits. Offered 2.
General principles; non-compensatory damages; foreseeability; certainty;
avoidable consequences; interest; value; problems dealing with specific wrongs, in-
cluding torts and breach of contract; liquidated damages.
LW. 673.-Military Jurisprudence. 2 hours. 2 credits. Offered 1.
Military affairs; boards officers; military contracts; claims; legal assistance;
concepts of international law as applied to land and aerial warfare. Military
justice: relation of military to civilian authority; military crimes; procedural
study of the Uniform Code of Military Justice.
LW. 675.-Office Practice. 2 hours. 2 credits. Offered 1 and 2.
The daily work of the lawyer in the conduct and management of a law office;
instruction and practice in the drafting and preparation of contracts, deeds, mort-
gages, conditional sales, mechanics' liens, leases, wills, and other legal instruments.
The statement "Offered 1" means offered first semester; 2, second semester; 3, summer session.
LW. 677.-Patents and Copyrights. 2 hours. 2 credits.
Patentability; application for patent and proceedings thereon; construction
and operation of letters patent; transfers, assignments, licenses, and contracts;
infringement. Common-law rights in literary property; works that may be copy-
righted; requirements for securing and preserving copyright; renewal of copy-
right; title, transfers, licenses, and contracts; infringement.
LW. 679.-Restitution. 2 hours. 2 credits. Offered 1.
Restitutionary remedies at law and in equity, including quasi contract,
equitable accounting, subrogation, constructive trust, and equitable lien; choice
of remedies; restitution for benefits conferred through mistake, fraud, duress, or
under illegal contracts or contracts impossible to perform.
LW. 681.-Crime and Criminology Seminar. 2 hours. 2 credits.
Causes and prevention of crime; juvenile delinquency and the juvenile courts;
probation and parole; crime detection and police methods; crime commissions;
psychiatry and psychology in criminal law; trends in criminal court administration
and penology; a study of the jury and the court in a criminal case; ethics in the
practice of criminal law.
LW. 682.-Estates Planning Seminar. 2 hours. 2 credits. Offered
1 and 2.
Objectives of lifetime and testamentary planning of estates; procedures for
analysis of small and large estates; the elimination, mitigation and offsetting of
adverse factors; corrective procedures and their implementation.
LW. 684.-Federal Taxation Seminar. 2 hours. 2 credits. Offered 1.
Advanced problems in federal income taxation.
LW. 686.-Labor Law Seminar. 2 hours. 2 credits. Prerequisite:
LW. 663 or the permission of the instructor.
Problems in labor law and labor relations with emphasis in the fields of
collective bargaining and arbitration. The work in this seminar is on an advanced
level and is ordinarily available only to students who have completed the basic
course in labor law.
LW. 688.-Practice Court. 2 hours. 2 credits. Offered 1 and 2.
The preparation and trial of cases: pre-trial preparation; trial briefs; court-
room demeanor; steps in a jury trial including the selection of the jury, intro-
duction of exhibits, direct and cross-examination, opening statements and closing
arguments. Each member of the class participates as attorney in the trial of two
assigned cases, civil and criminal, under simulated courtroom conditions with
the professor or an outstanding member of the local bar as judge.
LW. 690.-Law Review. 1 credit per semester. Offered 1 and 2.
Research, writing and editorial work in connection with the publication of
University of Florida Law Review. Limited to students who have completed
Lw. 508 (or qualified transfer students) and whose average in all law courses
attempted is at least 2.0 at each time law review work is undertaken.
The statement "Offered 1" means offered first semester; 2, second semester; 3, summer session.
LW. 691.-Advanced Legal Research. Variable credit. Offered 1
and 2.
A specific attempt to relate the study of law to practice by modeling instruc-
tion upon law office methods. The program is conducted as individual projects.
Current problems, which are submitted by attorneys throughout the state, are
used when available. The student is required to do individual research and to
present his findings in the form of a legal memorandum. Emphasis is upon individual
work and responsibility.
LW. 692.-Legal Philosophy Seminar. 1 hour. 1 credit. Offered
1 and 2.
The interrelation of justice and law; views of great philosophers on law as
one aspect of their philosophical systems; schools of legal thought; methodology of
the judiciary; analysis of assumptions made in formulating familiar doctrines
in the law. Each student leads a discussion and submits an original essay. Preference
given sixth-semester students when enrollment exceeds seminar size; fifth-semester
students should check with instructor before enrolling.
LW. 694.-Current Legal Problems Seminar. 2 hours. 2 credits.
Exploration of various legal problems of current significance leading to
creative work on the part of the student in the form of a term paper.
LW. 696.-Legislative Drafting Seminar. 2 hours. 2 credits. Of-
fered 2.
Forms of legislative expression; relation of the statute to other types of law;
types of statutes and requisites to passage; technique of bill-drafting, including
delineation of problem, conferences with the client, types of background research
and of materials available, organization of data, statutory phraseology and standard
clauses; legislative organization and procedure. Each student participates in
drafting bills of current practical interest.
LW. 698.-Comparative Commercial Law Seminar. 2 hours. 2
credits.
Sources of law in western European and Latin American countries; survey of
their basic constitutional concepts and judicial systems; cases and readings on legal
questions arising in commercial transactions with Latin-American countries.
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