The Civil Litigation course offers established paralegals specialized knowledge for a litigation law firm. This course contains a balanced mix of legal theory and practical legal skills designed to inform as well as challenge the student. The text emphasizes federal litigation practice and forms, and also incorporates common state practice and forms. With the many forms, letters, memos, charts, and diagrams presented, this text will become a valuable reference for paralegals in the litigation field. It discusses the paralegal's role in assisting the attorney before, during, and after a trial, including investigating and gathering evidence, participating in discovery, drafting the complaint, preparing witnesses for depositions, assisting in the completion of interrogatories, preparing the trial notebook, preparing witnesses for trial, and post trial practice, including drafting the appellate brief.
Tuition includes textbook, Protrain's exclusive Study Guide and access to the Online Student Center. 12 month access.
Outline
Objectives
a. To describe the basic civil litigation process.
b. To identify skills of a litigation paralegal and tasks performed by a litigation paralegal.
c. To describe the various courts within the federal and state court systems.
d. To define and identify types of jurisdiction.
e. To identify the paralegal's role in the case investigation and the gathering of evidence.
f. To define and describe the responses to the initial pleading.
g. To outline the steps involved in drafting, serving, and amending the complaint.
h. To explain the procedures for making and opposing a motion.
i. To describe the paralegal's role in the discovery process.
j. To compare and contrast the different types of depositions.
h. To describe the advantages and disadvantages of interrogatories.
k. To describe the duties a litigation paralegal might perform regarding settlement.
l. To describe the litigation paralegal's function at trial.
m. To explain how to draft the appellate brief.
Lesson 1: Civil Litigation 1
Textbook: Civil Litigation, third edition, by Peggy Kerley, Joanne Banker Hames, J.D., and Paul A. Sukys, J.D., West Legal Studies (Thomson Learning), 2001, ISBN: 0766826694
A. Chapter 1
Defines civil litigation; covers the different types of lawsuits, procedural versus substantive law, and the sources of the law; discusses the role of the litigation paralegal and the skills required of a litigation paralegal.
B. Chapter 2
Covers the courts and litigation; discusses the federal and state court systems; defines and discusses jurisdiction and venue.
Examination
Lesson 2: Civil Litigation 2
Textbook: Civil Litigation, third edition, by Peggy Kerley, Joanne Banker Hames, J.D., and Paul A. Sukys, J.D., West Legal Studies (Thomson Learning), 2001, ISBN: 0766826694
A. Chapter 3
Discusses determining the existence of a cause of action and time limitations; covers the feasibility of a lawsuit and turning down a case; discusses the ethical considerations in accepting a case and the ethical considerations after accepting a case.
B. Chapter 4
Covers the client interview; discusses how to locate fact witnesses and elusive defendants; presents techniques for interviewing witnesses; covers methods for locating and preserving evidence; discusses expert witnesses.
C. Chapter 5
Covers initial pleadings, parties to the lawsuit, and jurisdiction and venue; discusses the claim or cause of action and demand for relief; discusses how to draft, file, service, and amend the complaint.
Examination
Lesson 3: Civil Litigation 3
Textbook: Civil Litigation, third edition, by Peggy Kerley, Joanne Banker Hames, J.D., and Paul A. Sukys, J.D., West Legal Studies (Thomson Learning), 2001, ISBN: 0766826694
A. Chapter 6
Discusses responding to the initial pleading, the types of answers, and drafting the answer; covers the counterclaims, cross-claims, and third-party complaints; discusses the legal challenges to the complaint.
B. Chapter 7
Covers motions, preliminary injunctions, and temporary restraining orders.
Examination
Lesson 4: Civil Litigation 4
Textbook: Civil Litigation, third edition, by Peggy Kerley, Joanne Banker Hames, J.D., and Paul A. Sukys, J.D., West Legal Studies (Thomson Learning), 2001, ISBN: 0766826694
A. Chapter 8
Covers the nature of discovery, the extent of allowable discovery, the duty of mutual disclosure under Rule 26, and cooperating with discovery.
B. Chapter 9
Covers the deposition, including the nature of the oral deposition, the paralegal's role before, during, and after the oral deposition, and special types of depositions.
C. Chapter 10
Covers drafting interrogatories and drafting answers to interrogatories.
Examination
Lesson 5: Civil Litigation 5
Textbook: Civil Litigation, third edition, by Peggy Kerley, Joanne Banker Hames, J.D., and Paul A. Sukys, J.D., West Legal Studies (Thomson Learning), 2001, ISBN: 0766826694
A. Chapter 11
Discusses the physical or mental examination; covers filing a motion for compulsory examination and the requirements for granting the motion for compulsory examination; discusses the paralegal's role in physical and mental examinations.
B. Chapter 12
Covers documents, including the request for documents, the protection of documents, requesting the production of documents, responding to the request for documents, organizing and indexing the documents after production, and inspecting property.
C. Chapter 13
Explains the request for admissions, including drafting and responding to the request for admissions.
Examination
Lesson 6: Civil Litigation 6
Textbook: Civil Litigation, third edition, by Peggy Kerley, Joanne Banker Hames, J.D., and Paul A. Sukys, J.D., West Legal Studies (Thomson Learning), 2001, ISBN: 0766826694
A. Chapter 14
Covers the settlement, including settlement offers, agreements, and releases; discusses dismissals, consent decrees, and the distribution of funds; explains alternative dispute resolution.
B. Chapter 15
Covers trial techniques, including preliminary preparation for trial, the preparation of witnesses, exhibits, and briefs; discusses coordinating trial logistics and the preliminary steps in the trial process; covers the jury process, the trial, and the paralegal's role at trial.
C. Chapter 16
Discusses posttrial practice, including posttrial motions, the preliminary steps in the appeal, the appellate brief, coordinating the oral arguments, and final procedures.
Examination
Computer Requirements
Students will need to have access to an IBM compatible PC with the following
minimum requirements to complete BCI's Allied Health programs:
• Pentium 100 or higher processor
• Microsoft Windows® 98, Windows® 98 Second Edition, Windows®
Millennium Edition, Windows® NT 4 with Service Pack 6 or later or
Windows® 2000 Professional or later operating system
• 24MB RAM (Windows® 98/Windows® 98 Second Edition);
• 32MB RAM (Windows®/Me/Windows® NT 4.0);
• 64MB RAM (Windows® 2000 Professional)
• Plus an additional 8MB for each application running simultaneously
• 100MB available hard disk space minimum
• 2x CD-ROM drive or higher
• 16-Bit Sound card or higher
• Standard USB port
• Speakers connected to your sound card
• Microsoft® mouse or other compatible pointing device
• Printer
• Audio Cassette Player (Allied Health Courses)
Protrain
Online
Student Center Technology Requirements
In addition to the above requirements, we recommend the following computer
equipment for use with our Online Student Center:
• Pentium-II Class or higher processor
• 56.6 Kbps Modem or faster
• 64 MB RAM or greater
• 50-100 MB free hard disk space
• Microsoft Internet Explorer 5.0+, Netscape Navigator 6.0+ or equivalent, or
America Online 7.0+
• An active account with an Internet Service Provider (ISP)
Course Materials
Textbook:
Civil
Litigation, 3rd Edition, 2001, by Peggy Kerley, Joanne
Banker Hames, and Paul A. Sukys. Custom published paperback edition.