Pellissippi State Technical Community College
Master Syllabus
LITIGATION SKILLS I
LAW 2210
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Class Hours: 3.0 |
Instructor: |
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Laboratory Hours: 0.0 |
Office No.: |
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Credit Hours: 3.0 |
Phone No.: |
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Revised: 05-14-09 |
E-mail: |
Catalog Course Description:
Introduction to civil litigation procedures and practices in federal and state
courts; focus on practical law office skills, interviewing techniques and
investigation strategies; evidence; emphasis on the paralegal's role in civil
litigation.
Entry-level Standards: College-level competencies in
logic, reading, and English are required.
Prerequisites: LAW 1000
Corequisites: LAW
1050, 1060
Textbooks and Other Supplies:
Textbooks:
I. WEEK/UNIT/TOPIC
BASIS:
|
Week |
Unit |
Topic |
|
1 |
Chapter 1 Handout (Court Systems) |
Overview of litigation process and
importance of law office skills (1 hour); paralegal's role and professionalism
(.5 hour), ethical considerations (.5 hour) Sources of law: structure of
state and federal court systems (1 hour) |
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2 |
Chapter 3 |
Attorney-client agreements (1.5 hours);
demand letter (.75 hour); planning litigation (.75 hour) |
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3-5 |
Handout (Interview Hypotheticals)
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Communication: Interviewing client and role
play (3 hours); witness, experts and role play (1 hours); Investigation:
objectives of civil investigation (.5 hours); public sources of information
(.25 hour); how to access information from the Federal government, FOIA (.25
hour); accessing records from state and local governments (.25 hour);
accessing private sources of information (.25 hour); locating witnesses (.25
hour); collection investigation (.25 hour) |
|
6-9 |
Chapter 9 Evidence Rules |
Identifying, developing, preserving and
analyzing evidence: cause of action, elements and facts (.5 hour); damages
(.5 hour); rebuttal and affirmative evidence (.5 hour); types of evidence (.5
hour); presentation of evidence, objections, rulings on evidence (.5 hour);
relevance; testimonial evidence; competency; types of evidence; privileges
(.5 hour); hearsay (1 hours); exceptions to the hearsay rule (3 hours);
evidence: the whole picture (1 hour) |
|
10-11 |
Chapter 4 |
Identifying parties to a lawsuit (1 hour);
subject matter jurisdiction: federal question (1 hour); diversity of
citizenship (1.5 hour) ; personal jurisdiction (1.5 hour); removal (1 hour); |
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12-14 |
Chapter 5 TCA Rules of Civil Procedure |
Pleadings: Rule 11 (1 hour); Rule 4 service
of process (1.5 hour); Rule 6 time (1 hour); how to draft a complaint and
answer (1 hour); Rule 12 responses (1 hour); counterclaims, cross- claims,
third party claims, (1.5 hour); intervention, (.5 hour); class actions (.5
hour); amendment of pleadings (.5 hour); supplemental pleadings (.5 hour) |
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15 |
→ |
Final Examination |
II. COURSE OBJECTIVES:
- Demonstrate a complete and thorough understanding of legal ethics. I, III
- Demonstrate a complete and thorough understanding of the paralegal's role in civil litigation. I, II, IV
- Demonstrate understanding of legal vocabulary with respect to civil procedure. I, II, III, IV
- Exhibit an adequate understanding of interviewing strategies. I, II, III, IV
- Exhibit an adequate understanding of investigating strategies. I, II, III, IV, V
- Exhibit an adequate understanding of the rules of evidence. I, II, III
- Demonstrate a complete and thorough understanding of the importance of distinguishing between fact and inference. II, III, IV
- Exhibit an adequate understanding of the application of law to the facts. I, II, III, IV
- Acquire enhanced understanding of legal terminology. I, II, IV
- Develop a litigation plan. I, II, III, IV, V
- Demonstrate understanding of the general requirements for pleadings. I, II, III, IV, V
- Demonstrate understanding of the procedures by which civil litigation is conducted at pre-trial, trial, and appellate stages in the state and federal systems. I, II, III
III. INSTRUCTIONAL
PROCESSES:
The student will:
- Practice elements of the work ethic such as professionalism, preparedness, punctuality, honesty, cooperation, dependability, contribution, effectiveness, good manners, etc. Active Learning Strategy, Transitional Strategy
- Refine reading skills and expand legal vocabularies through completion of weekly guided reading exercises that allows more effective communication with lawyers and legal professionals. Communication Outcome, Active Learning Strategy, Transitional Outcome
- Strengthen analytical skills by locating court cases and statutes in the Educational Resources Center and on Westlaw to determine the application of the rules of law to specific facts. Communication Outcome, Technological Literacy Outcome, Transitional Strategy, Active Learning Strategy
- Examine ethical issues related to legal representation, unauthorized practice of law, confidentiality, duty of legal professional to provide legal services, etc. Communication Outcome, Transitional Strategy, Active Learning Strategy
- Perform course assignments such as team discussions, team case studies, experiential exercises, oral and written presentations, Internet and law-based technology research, etc. that help develop critical thinking, problem solving, goal setting and planning skills. Communication Outcome, Technological Literacy Outcome, Transitional Strategy, Active Learning Strategy
- Participate in role-playing interview exercises. Communication Outcome, Transitional Strategy, Active Learning Strategy
- Listen to guest speakers from the legal community to learn the demands for paralegal litigation skills in the work world. Transitional Strategy
- Develop investigative skills using the Internet, library, and governmental agency resources to find relevant information. Technological Literacy Outcome, Transitional Strategy, Active Learning Strategy
IV. EXPECTATIONS FOR
STUDENT PERFORMANCE:
The student should be able to:
- Recognize and avoid acts that constitute the unauthorized practice of law. (A)
- Recognize and avoid acts that constitute the breach of client confidentiality. (A)
- Recognize potential and actual conflict of interest situations. (A)
- Explain the nine Canons of ethical conduct as set out in the Code of Professional Responsibility. (A)
- Describe the kind of skills are employed during the interviewing process. (D,G,I)
- Describe how to prepare for an interview with a client or witness. (D,G,I)
- Describe an effective interview setting. (A,D)
- Describe the purpose for an interview checklist. (D,F,I)
- Identify behaviors that promote confidence in the interviewee. (D)
- Identify and respond appropriately to client/witness concerns during the interview. (A,D)
- Describe useful techniques for interviewing witnesses. (A,D,F)
- Discriminate between hearsay and personal knowledge furnished by the interviewee. (D,F,I)
- Explain how the following factors affect the quality and effectiveness of communication between people: (D,G)
- language
- trauma
- psychosocial aspects
- psychological factors
- sociological factors
- Identify strategies for overcoming the obstacles to effective communication listed above. (D)
- Describe how to produce an interview summary. (D,F,G,I)
- Identify relevant and irrelevant information as it applies to a specific case. (F,G)
- Identify admissible and inadmissible evidence. (F,I)
- Summarize how to create an investigation plan. (A,E,I)
- Explain some basic principles that guide legal investigators. (E,F)
- Identify sources for locating information or witnesses. (E)
- Describe the following types of evidence: (F,G,I)
- direct v. circumstantial
- real
- demonstrative
- testimonial
- documentary
- Explain the Best Evidence Rule. (F,I)
- Describe the Dead Man's Statute. (F,I)
- Describe direct, cross, redirect and re-cross examination. (F,I)
- Identify who the courts have determined are competent witnesses. (F,I)
- Identify exceptions to the hearsay rule. (F,I)
- Describe privileged communications. (F)
- Explain the differences between fact and inference. (G)
- Describe when inferences may be drawn by the finder of fact. (F,G)
- Identify legal issues presented by facts. (G,H,I)
- Discuss the paralegal's role in all stages of civil litigation. (B, F, G, H)
- Explain the differences between civil litigation and other types of litigation. (C, F, G)
- Explain where to find the law applicable to litigation matters. (B, C, F)
- Properly identify and describe the function of federal and state courts having civil jurisdiction.(C, F)
- Describe the differences between federal and state court jurisdiction. (C, D, E, F, G)
- Describe how to draft pleadings in conformity with rules of civil procedure. (B, C, D, E, F, G)
- Explain the general requirements for all motions. (B, C, F)
- Identify the discovery devices available to obtain facts. (C, F, H)
- Describe how computers may be used for litigation support. (B, C)
V. EVALUATION:
A
93-100
B+
88- 92
B
83- 87
C+
78- 82
C
73- 77
D
65- 72
F
64 and below
VI. POLICIES: