Description:

This course will acquaint the student with the major characteristics of the civil litigation process. Students will become familiar with the various types of procedural rules regulating the civil litigation process and their application. Emphasis will be on the role of the legal assistant in a civil litigation practice and will include the drafting of pleadings. 3 hrs. lecture/wk.

Supplies: Refer to the instructor’s course syllabus for details about any supplies that may be required.

Textbook(s): For information see - http://bookstore.jccc.net

Course Fees: NONE

Course Objectives:

Upon successful completion of this course the student should be able to:

1. Explain the origin and evolution of the American litigation system.
2. Define “civil” litigation and distinguish its unique characteristics from criminal” litigation.
3. Explain the regulation of the civil litigation process and the various sets of rules governing this process.
4. Be able to identify and apply specific jurisdiction-wide and local court rules of procedure to the development of a civil lawsuit.
5. Distinguish and explain the functional and procedural differences between trial and appellate proceedings.
6. Analyze and apply jurisdictional and venue requirements as they apply to a plaintiff’s claim.
7. Describe the regulation of the legal profession.
8. Identify and describe the function and duties of the paralegal in a civil litigation practice.
9. Explain the role of the judge.
10. Identify and describe the functions of other court personnel.
11. Define and appropriately utilize litigation-related terminology.
12. Explain the factors involved in the analysis of a claim or defense.
13. Identify and describe the types of available civil remedies.
14. Draft a petition.
15. Identify and describe the procedure for filing a lawsuit.
16. Explain the requirements for service of process.”
17. Identify and draft types of responsive pleadings.
18. Identify and draft motions.
19. Identify and explain the use of discovery devices.
20. Assist in the acquisition and handling of various types of evidence.
21. Identify and explain alternatives to litigation.
22. Assist in trial preparation.
23. Identify and describe the stages of a trial proceeding.
24. Provide courtroom assistance during trial.
25. Identify and explain post-trial options.
26. Identify and describe methods of enforcing a judgment.
27. Assist in the preparation of documents used to reflect satisfaction and release of judgment.

Content Outline & Competencies:

I. Introduction to the American Litigation System
   A. Evolution and development
      1. Explain the English roots of the American litigation system.
      2. Trace the development and evolution of the American litigation
tradition.
   B. Nature of "civil" litigation
      1. Distinguish and explain the initiation of "civil" and "criminal"
actions.
      2. Distinguish and explain the objectives of civil and criminal
litigation.
      3. Distinguish and explain the concept of  burden of proof” and its
application in civil and criminal litigation.
      4. Distinguish and explain the concept of “standard of proof” and
its application in civil and criminal litigation.
   C. Regulation of the civil litigation process
      1. Define and explain "jurisdiction-wide procedural rules.
      2. Define and explain "local court procedural rules."
      3. Define and explain "jurisdiction-wide evidentiary rules."
      4. Define and explain "jurisdiction-wide rules of professional
conduct."

II. The American Court System
   A. Types of courts
      1. Explain the difference in the functions of trial and appellate
courts.
      2. Explain the procedural differences between trial and appellate
proceedings.
   B. Choice of forum (jurisdictional issues)
      1. Analyze and apply "in personam" jurisdictional requirements.
      2. Analyze and apply "subject matter" jurisdictional requirements.
      3. Analyze and apply "venue" requirements.

III. The Legal Profession
   A. Lawyers
      1. Define and describe credentialing requirements for and regulation
of lawyers.
      2. Identify various types of legal practice.
      3. Identify and describe the function and duties of the paralegal in
a civil litigation practice.

   B. Judges and other court personnel
      1. Distinguish between methods of judicial selection.
      2. Explain the role of judges.
      3. Identify and explain the functions of other court personnel.

IV. Litigation-Related Terminology
   A. Recognize and define litigation-related terminology
   B. Utilize litigation-related terminology appropriately in law-related
communications

V. Pre-Trial Procedures
   A. Case preparation
      1. List and explain factors involved in the analysis of a client’s
claim or defense.
      2. Identify and explain the types of available civil remedies.
   B. Commencement of the lawsuit
      1. Identify and explain the procedures for filing a lawsuit.
      2. Draft a petition on behalf of a civil plaintiff.
      3. Explain the requirements of "service of process."
   C. Responsive pleadings and motions
      1. Identify and explain the types of responsive pleadings.
      2. Draft an answer on behalf of a civil defendant.
      3. Explain the difference in functions between “pleadings” and
“motions.”
   D. Discovery
      1. Identify and explain the types of formal discovery devices.
      2. Explain the use of subpoenas.
      3. Identify and explain the different forms of evidence and the
requirements for handling different types of evidence.
   E. Trial preparation
      1. Describe the function and use of pre-trial conferences and
settlement negotiations.
      2. Describe the procedures involved in preparing for trial.
   F. Trial
      1. Describe the courtroom environment.
      2. Describe the differences between a jury trial and a bench trial.
      3. List and describe the stages of a civil trial.
      4. Describe an entry of judgment.
   G. Post-trial and appeal
      1. List and explain post-trial alternatives.
      2. List and explain methods of enforcing a judgment.
      3. Identify and explain  satisfaction” and  release” of
judgment.

Methods of Evaluation of Competencies:

Evaluation of student mastery of course competencies will be accomplished using the following methods:

A minimum of two examinations = 50% of course grade
A minimum of four document-drafting projects = 50% of course grade
   Total = 100%

Caveats: NONE

Disabilities:

If you are a student with a disability, and if you will be requesting accommodations, it is your responsibility to contact Access Services. Access Services will recommend any appropriate accommodations to your professor and his/her director. The professor and director will identify for you which accommodations will be arranged.

JCCC provides a range of services to allow persons with disabilities to participate in educational programs and activities. If you desire support services, contact the office of Access Services for Students With Disabilities (913) 469-8500, ext. 3521 or TDD (913) 469-3885. The Access Services office is located in the Success Center on the second floor of the Student Center.