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THE UNIVERSITY RECORD
of the
UNIVERSITY OF FLORIDA
COLLEGE OF LAW
1954-1955
Vol. XLIX
Series 1, No. 5
May 1, 1954
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
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
Karl Krastin, B.A., LL.B ..................... .Professor of Law
William Dickson Macdonald, B.A., 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
Richard B. Stephens, B.A., LL.B ................ .Professor of Law
Clarence John TeSelle, B.A., M.A., LL.B ............ .Professor of Law
Philip Keyes Yonge, B.A., LL.B ................. .Professor of Law
John Netherton Dighton, B.A., LL.B. ........ .Assistant Professor of Law
Mandell Glicksberg, B.A., LL.B ........... .Assistant Professor of Law
Stanley LeRoy West, LL.B., B.S. in L.S. . .Director of University Libraries
Ila Rountree Pridgen, LL.B ...................... .Law Librarian
GENERAL INFORMATION
The College of Law, founded in 1909, began its work in the Thomas Hall Dormi-
tory 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 appointed
to the deanship in 1915 and served in that capacity until 1947. During his administra-
tion 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. This wing provides a library reading
room seating approximately one hundred and fifty students, a courtroom-auditorium
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, except
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 maintained a
scholastic average of C or higher on all work undertaken. (For information 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 students
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 connection 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 through-
out the United States on February 20, April 10, August 7, and November 10, 1954.
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 com-
pleted 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; incidental 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 candidate's diploma and,
rental of cap and grown, is payable at the time of the filing of the candidate's applica-
tion 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 arrange-
ments directly with the property-owner for off-campus accommodations 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 attendance
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 requirement.
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.
*Studentz 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.
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 residence
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 attempted,
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 43,000 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 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 publication
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 scholar-
ship 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 fraternities,
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: Business
Organizations, Commercial Transactions I, Commercial Transactions II, Conflict of
Laws, Contracts II, Creditor's Rights, Estates and Trusts I, Evidence, Fiduciary
Administration I, Insurance, Introduction to Equity, Introduction to Property,
Introduction to Public Law, Labor Law, Mortgages, Municipal Corporations, Pleading
and Jurisdiction, Private Corporations, Public Utilities, State and Local Taxation,
U. S. & Florida Constitutional Law.
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.
Bureau of National Affairs Award.-A prize of one year's subscription to Law
Week is offered annually by the Bureau of National Affairs to the graduating student
with a satisfactory law school record who makes the most significant scholastic progress
in his senior year.
The Harrison Company First Year Award.-The Harrison Company annually
awards Adkins, Florida Criminal Procedure Act Annotated, to the student making
the highest average in his first twenty-nine hours of law.
The Harrison Company Senior Award.-The Harrison Company annually awards
Kooman, Florida Chancery Pleading and Practice, to the senior law student doing
all his work in this law school who makes the highest record during his law course.
Lopez Law Review Contributor Award.-Alumnus Aquilino Lopez, Jr., Judge of
the Circuit Court for the Sixteenth Judicial Circuit of Florida, provides an award
of $50 each year to the outstanding contributor to University of Florida Law Review,
based on work done otherwise than as a member of the Editorial Board.
Nathan Burkan Memorial Prize.-The American Society of Composers, Authors
and Publishers each year awards cash prizes to students at this law school 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 1954-55.
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 circumstances,
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 program
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 I .... 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 prio to September, 1953, the first year of work is pre-
scribed and work after the- fit st 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 pro-
gram of study.
Prerequisites for particular courses may be prescribed and the privilege is reserved
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. Students'
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 determined
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 student
who fails fifty per cent or more of his work in any term or semester, will be sus-
pended 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 attempted
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 readmitted 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 computing
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 foregoing 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, 1950, see
1952-53 catalog.
LAW
Instructional Staff 1953-54
Fenn, Henry A., Dean; Mautz, Robert B., Assistant Dean; Black, Kenneth L.;
Clark, Vernon W.; Day, James W.; Delony, Dexter; Dighton, John N.; Glicksberg, Man-
dell; Hunter, William A.; Krastin, Karl; Macdonald, William D.; Maloney, Frank E.;
Miller, George J.; Richardson, James R.; Scoles, Eugene F.; Slagle, Dean; 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 bene-
ficiaries.
LW. 403.-Criminal Law and Procedure I. 2 hours. 2 credits. Offered
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.
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.
The statement "Offered .1" means offered first semester;, 2, second semester; 3, 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 administrative 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 sub-
stantive 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;
technique of thorough, accurate, and rapid research. 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 I. 3 hours. 3 credits. Offered 1 and 2.
The substantive law of intestate 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 imprisonment,
trespass to land, interference with chattels, infliction of mental disturbance; strict
liability; defamation; invasion of privacy.
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; malicious prosecution and abuse of process; interference with ad-
vantageous relations.
The statement "Offered 1" means offered first semester; 2, second semester; 3, summer session.
11
LW. 501.-Commercial Transactions I. 3 hours. 3 credits. Offered
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. Offered
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 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 contrasted 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 stockholders; state regula-
tion of transfers of stock; liability of stockholders, officers and directors; stockholder's
derivative and representative suits; voluntary dissolution.
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; real parties in interest; joinder of parties; interpleader; intervention; class
suits; commencement of action; pleadings and motions.
LW. 508.-Evidence. 4 hours. 4 credits. Offered 1 and 2.
Witnesses, including competency, privilege, examination, impeachment and re-
habilitation; 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.
The statement "Offered 1" means offered first semester; 2, second semester; 3, summer session.
LW. 509.-Acquisition of Real Property. 3 hours. 3 credits. Offered
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 ad-
ministration 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 accounting
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 homestead; 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. 410. 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; annulment
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.
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 timet, 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.
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; impeachment; 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.
The statement "Offered 1" means offered first semester; 2, second semester; 3, summer session.
LW. 607.-Pre-trial and Trial Procedure. 2 hours. 2 credits. Offered
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.
The considerations by which the forum determines the legal consequences in a
case when one or more of the operative facts are 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, decedents' estates and
property.
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: conditional 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, con-
solidation, purchase and sale of assets; holding company relationships; administration
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 Bankruptcy
Act; some federal tax aspects of reorganization.
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. Offered 2.
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; application
of state law; exclusive jurisdiction; concurrent jurisdiction; federal questions; diversity
of citizenship; collusion among parties; judicial re-arrangement of parties; jurisdictional
amount; joinder of separate claims; removal of suits from state courts; separable con-
troversies; ancillary proceedings.
The statement "Offered 1" means offered first semester; 2, second semester; 3, summer session.
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. Offered 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; apportionment of estate taxes.
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; foreclosures.
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; extent of federal and state regulatory powers;
corporate affiliations; regulation of holding companies.
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 governmental
structure, their organization, personnel, powers, procedure, means of financing, and
limitations; community planning.
LW. 667.-Trade Regulations. 2 hours. 2 credits.
Common law and statutory regulation of trade and industry; the restraint of
trade and 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 arbitra-
tion and in American courts. Includes selected problems dealing with the sources,
authority and application of international law; recognition; territory; nationality; juris-
diction; treaties; extradition; the United Nations and other international organizations.
The statement "Offered 1" means offered first semester; 2, second semester; 3, summer session.
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, including torts
and breach of contract; liquidated damages.
LW. 673.-Military Jurisprudence. 2 hours. 2 credits. Offered 1.
Military justice: relation of military to civilian authority; military crimes; procedural
study of the Uniform Code of Military Justice. Military affairs; boards of officers; mili-
tary contracts; claims; legal assistance; concepts of international law as applied to land
and aerial warfare.
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, mortgages,
conditional sales, mechanics' liens, leases, wills, and other legal instruments.
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 copyright; 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 contracts
that are substantially unperformed, impossible to perform, or illegal.
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.
The statement "Offered 1" means offered first semester; 2, second semester; 3, summer session.
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; courtroom
demeanor; steps in a jury trial including the selection of the jury, introduction 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. 408
(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.
LW. 691.-Advanced Legal Research. Variable credit. Offered 1 and 2.
A specific attempt to relate the study of law to practice by modeling instruction
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. Offered 1.
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.
The statement "Offered 1" means offered first semester; 2, second semester; 3, summer session.
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