Advanced Paralegal Course
Civil Litigation
45 hours
Description
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.