10102166Litigation and Legal Research
Course Information
Description
This is the study of law related to litigation, including methods of legal research, investigation, discovery, preparation of pleadings, in-court procedures, file preparation, and post-trial practice.
Total Credits
3
Course Competencies
  1. Determine if authority is primary, secondary or search ("finding tools")
    Assessment Strategies
    Reading all assigned materials by stated due dates
    Participating in small and large group discussions
    Completing all individual or team projects by stated due dates
    Completing all tests, quizzes and examinations with a score of at least 70% within the stated time allowed
    Meeting the class attendance requirements as stated in the Course Syllabus
    Criteria
    learner examines primary authority
    learner examines secondary authority
    learner examines the "finding tools"
    learner compares mandatory and persuasive authority
    learner compares primary, secondary and search authority

  2. Properly cite legal authority
    Assessment Strategies
    Reading all assigned materials by stated due dates
    Participating in small and large group discussions
    Completing all individual or team projects by stated due dates
    Completing all tests, quizzes and examinations with a score of at least 70% within the stated time allowed
    Meeting the class attendance requirements as stated in the Course Syllabus
    Criteria
    learner demonstrates correct citation form for primary and secondary authorities.

  3. Use effective research strategies for locating primary and secondary legal authorities
    Assessment Strategies
    Reading all assigned materials by stated due dates
    Participating in small and large group discussions
    Completing all individual or team projects by stated due dates
    Completing all tests, quizzes and examinations with a score of at least 70% within the stated time allowed
    Meeting the class attendance requirements as stated in the Course Syllabus
    Criteria
    learner uses Legal Encyclopedias
    learner researches State Common Law
    learner researches State Statutory Law
    learner researches Federal Statutory Law
    learner cite-checks via computerized legal research methods

  4. Prepare a Case Brief
    Assessment Strategies
    Reading all assigned materials by stated due dates
    Participating in small and large group discussions
    Completing all individual or team projects by stated due dates
    Completing all tests, quizzes and examinations with a score of at least 70% within the stated time allowed
    Meeting the class attendance requirements as stated in the Course Syllabus
    Criteria
    learner identifies the required elements of a case brief
    learner prepares a case brief in accordance with the established form
    learner prepares the case brief free of grammatical, punctuation, spelling and typographical errors

  5. Explain Causes of Action and Defenses
    Assessment Strategies
    Reading all assigned materials by stated due dates
    Participating in small and large group discussions
    Completing all individual or team projects by stated due dates
    Completing all tests, quizzes and examinations with a score of at least 70% within the stated time allowed
    Meeting the class attendance requirements as stated in the Course Syllabus
    Criteria
    learner explains the meaning of "cause of action" and "defense."
    learner uses jury instructions to identify elements of a cause of action
    learner distinguishes among intentional torts, negligence and strict liability
    learner distinguishes between contract and tort causes of action
    learner identifies available remedies for an identified of action

  6. Conduct an Initial Client Interview
    Assessment Strategies
    Reading all assigned materials by stated due dates
    Participating in small and large group discussions
    Completing all individual or team projects by stated due dates
    Completing all tests, quizzes and examinations with a score of at least 70% within the stated time allowed
    Meeting the class attendance requirements as stated in the Course Syllabus
    Criteria
    learner explains the need for comprehensive interviewing
    learner contrasts interviewing techniques, explaining how they elicit a variety of types of responses
    learner demonstrates interviewing technique by conducting an interview
    learner reports interview findings in a written summary

  7. Perform an Initial Investigation
    Assessment Strategies
    Reading all assigned materials by stated due dates
    Participating in small and large group discussions
    Completing all individual or team projects by stated due dates
    Completing all tests, quizzes and examinations with a score of at least 70% within the stated time allowed
    Meeting the class attendance requirements as stated in the Course Syllabus
    Criteria
    learner identifies the authorizations that are required prior to beginning the investigation
    learner defines the classes of evidence: documentary, demonstrative and physical
    learner identifies documents that must be obtained
    learner identifies witnesses
    learner organizes evidence

  8. Draft a Summons and Complaint
    Assessment Strategies
    Reading all assigned materials by stated due dates
    Participating in small and large group discussions
    Completing all individual or team projects by stated due dates
    Completing all tests, quizzes and examinations with a score of at least 70% within the stated time allowed
    Meeting the class attendance requirements as stated in the Course Syllabus
    Criteria
    learner prepares the summons and complaint for a simple civil action
    learner prepares all documents with all legally required information
    learner prepares all documents free of grammatical, punctuation, spelling and typographical errors
    learner demonstrates proper execution of all documents

  9. Prepare a Notice of Motion, Motion and Supporting Affidavit
    Assessment Strategies
    Reading all assigned materials by stated due dates
    Participating in small and large group discussions
    Completing all individual or team projects by stated due dates
    Completing all tests, quizzes and examinations with a score of at least 70% within the stated time allowed
    Meeting the class attendance requirements as stated in the Course Syllabus
    Criteria
    learner prepares a notice of motion, motion and supporting affidavit for a simple civil action
    learner prepares all documents with all legally required information
    learner prepares all documents free of grammatical, punctuation, spelling and typographical errors
    learner demonstrates proper execution of all documents

  10. Drafting Interrogatories
    Assessment Strategies
    Reading all assigned materials by stated due dates
    Participating in small and large group discussions
    Completing all individual or team projects by stated due dates
    Completing all tests, quizzes and examinations with a score of at least 70% within the stated time allowed
    Meeting the class attendance requirements as stated in the Course Syllabus
    Criteria
    learner prepares a set of interrogatories for a simple civil action
    learner prepares this document with all legally required information
    learner prepares this document free of grammatical, punctuation, spelling and typographical errors
    learner demonstrates proper execution of the interrogatories

  11. Summarizing a Deposition
    Assessment Strategies
    Reading all assigned materials by stated due dates
    Participating in small and large group discussions
    Completing all individual or team projects by stated due dates
    Completing all tests, quizzes and examinations with a score of at least 70% within the stated time allowed
    Meeting the class attendance requirements as stated in the Course Syllabus
    Criteria
    learner prepares a deposition summary for a simple civil action
    learner prepares the deposition summary so that it contains all appropriate and essential information
    learner prepares the deposition summary free of grammatical, punctuation, spelling and typographical errors