10110103Civil Litigation 2
Course Information
Description
Students cover the civil litigation procedure during discovery, trial, and appeal.
Total Credits
3
Course Competencies
  1. Summarize the civil litigation process from the initial client contact through discovery
    Assessment Strategies
    on an exam
    Criteria
    you summarize the civil litigation process from the initial client contact through discovery

  2. Summarize the trial process from jury selection and pre-trial motions through presentation of the case
    Assessment Strategies
    on an exam
    Criteria
    you summarize the pretrial conference
    you summarize Motion in Limine
    you summarize voir dire
    you summarize proposed jury instructions
    you summarize opening statements
    you summarize the presentation of evidence
    you summarize closing arguments

  3. Explain the role of the paralegal in preparing a file for trial, including preparation of witnesses, availability and preservation of evidence, and use of discovery at trial
    Assessment Strategies
    on an exam
    Criteria
    You summarize the process of preparing exhibits
    You summarize preparing witnesses for trial
    You summarize the use of discovery at trial

  4. Explain the civil rules of evidence applicable to pre-trial and trial practice
    Assessment Strategies
    by submitting the arguments for or against the admission of evidence
    Criteria
    You explain the rules of evidence under the Wisconsin and Federal Rules

  5. Prepare witnesses for trial
    Assessment Strategies
    by submitting a witness preparation checklist
    Criteria
    checklist indicates substantive testimony needed
    checklist reflects witness behaviors
    checklist is detailed and organized
    checklist is free of errors

  6. Prepare exhibits for trial
    Assessment Strategies
    by submitting a document, checklist or plan for evidence to be presented at trial
    Criteria
    document, checklist or plan includes concerns about relevance, admissibility, cost, and applicable rules
    document, checklist or plan identifies appropriate means for presenting evidence
    document, checklist or plan appropriate legal terminology
    document, checklist or plan is free of errors

  7. Prepare a trial notebook
    Assessment Strategies
    by submitting a trial notebook
    Criteria
    trial notebook includes parties and attorneys
    trial notebook includes pleadings and motions
    trial notebook includes witness list
    trial notebook includes evidence log
    trial notebook includes deposition summaries
    trial notebook includes case chronology
    trial notebook includes all pleading necessary to file a deficiency judgment
    trial notebook includes a lis pendens
    trial notebook contains proper legal terminology
    trial notebook is free of errors

  8. Prepare post-trial motions and appeals
    Assessment Strategies
    by submitting a post-trial motion and appeal
    Criteria
    post-trial motion and appeal include a complete list of the steps in the correct order in the appellate process
    post-trial motion and appeal include the correct citations to rules of appellate procedure
    post-trial motion and appeal include the notice and limitation requirements
    post-trial motion and appeal contain proper legal terminology
    post-trial motion and appeal are free of errors

  9. Explain the procedures used in post-trial practice to collect a judgment
    Assessment Strategies
    on an exam
    Criteria
    You investigate procedures for locating assets
    You explain collection of a judgment

  10. Prepare the documents required to enforce a civil judgment
    Assessment Strategies
    by preparing the required legal documents
    Criteria
    You prepare garnishment documents
    You prepare execution documents
    You prepare a judgment lien

  11. Explain post-trial appellate procedure under the Wisconsin Rules of Civil Procedure and the Federal Rules of Civil Procedure.
    Assessment Strategies
    on an exam
    Criteria
    You explain appellate practice under the Wisconsin Rules of Civil Procedure
    You explain appellate practice under the Federal Rules of Civil Procedure
    You summarize the ethical considerations in civil litigation practice from pre-trial though appeal