Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Litigation & Procedure LAW-220 Introduction to The Course.

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Presentation transcript:

Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Litigation & Procedure LAW-220 Introduction to The Course

Instructor Name: Rick Hauck Name: Rick Hauck Educational Background: Educational Background: B.A., The Citadel - English B.A., The Citadel - English M.S., Boston University – Public Relations M.S., Boston University – Public Relations M.B.A., Suffolk University – Finance M.B.A., Suffolk University – Finance J.D., New England School of Law J.D., New England School of Law Professional Background: Professional Background: Attorney with 25 years of experience (concentration in Business and Real Estate Law) Attorney with 25 years of experience (concentration in Business and Real Estate Law) Over 35 years of business experience in the Heavy Construction, High Tech Manufacturing, and Business Consulting industries Over 35 years of business experience in the Heavy Construction, High Tech Manufacturing, and Business Consulting industries Adjunct Instructor in Paralegal Studies since 2002 Adjunct Instructor in Paralegal Studies since 2002

Course Description The student learns civil procedure and the role a paralegal plays by taking a mock case through each stage of litigation beginning with preparation of a complaint through the enforcement of judgment after trial. Students will draft documents typically involved in litigation. The student learns civil procedure and the role a paralegal plays by taking a mock case through each stage of litigation beginning with preparation of a complaint through the enforcement of judgment after trial. Students will draft documents typically involved in litigation.

Course Outcomes At the completion of this course, the student should be able to: At the completion of this course, the student should be able to: State and explain the basic steps in civil litigation procedure State and explain the basic steps in civil litigation procedure Define jurisdiction Define jurisdiction Describe how a court obtains jurisdiction over cases and the parties thereto Describe how a court obtains jurisdiction over cases and the parties thereto Analyze a clients case to ascertain the elements of the plaintiffs claim and the defendants defense Analyze a clients case to ascertain the elements of the plaintiffs claim and the defendants defense Describe the component parts of a complaint Describe the component parts of a complaint Explain a defendants five options in responding to a complaint Explain a defendants five options in responding to a complaint Describe the three procedures for amending pleadings Describe the three procedures for amending pleadings Explain the two components of a motion Explain the two components of a motion Distinguish discovery from investigation Distinguish discovery from investigation Describe the three most basic methods of discovery Describe the three most basic methods of discovery Discuss the benefits and limitations of the three most basic methods of discovery Discuss the benefits and limitations of the three most basic methods of discovery

Course Outcomes (contd) At the completion of this course, the student should be able to: At the completion of this course, the student should be able to: Describe the contents of a settlement package Describe the contents of a settlement package State the three purposes of pretrial conference State the three purposes of pretrial conference Describe pretrial conference procedure Describe pretrial conference procedure Describe trial proceedings Describe trial proceedings Describe the typical post-trial motions Describe the typical post-trial motions Describe the procedure for enforcing judgments Describe the procedure for enforcing judgments Describe the procedure for appealing an adverse judgment Describe the procedure for appealing an adverse judgment Draft, in proper form using the facts and law of a clients case, the following litigation documents: Draft, in proper form using the facts and law of a clients case, the following litigation documents: - A Complaint - An Answer to an opponents Complaint - A Motion - Interrogatories - Answers to an opponents Interrogatories - A Request for Production - A Response to an opponents Request for Production

Learning Methods Readings, lectures, and class discussions Readings, lectures, and class discussions Demonstration of litigation document drafting and preparation Demonstration of litigation document drafting and preparation Group problem solving using a Project Case Group problem solving using a Project Case Document drafting using a Project Case Document drafting using a Project Case

Course Outline Introduction to Course Introduction to Course Introduction to Litigation: Courts and Jurisdiction Introduction to Litigation: Courts and Jurisdiction Introduction to Project Case and Review of Substantive Law Introduction to Project Case and Review of Substantive Law Review of Pre-Filing Steps: Interviewing, Investigation, and Evidence Review of Pre-Filing Steps: Interviewing, Investigation, and Evidence Drafting Complaints Drafting Complaints Filing Lawsuits, Service of Process, Default Judgments Filing Lawsuits, Service of Process, Default Judgments Motions, Answers, Affirmative Defenses, Counterclaims Motions, Answers, Affirmative Defenses, Counterclaims

Course Outline (contd) Discovery: Overview and Interrogatories Discovery: Overview and Interrogatories Discovery: Depositions Discovery: Depositions Discovery: Document Production and Control, Medical Exams, Admissions, and Compelling Discovery Discovery: Document Production and Control, Medical Exams, Admissions, and Compelling Discovery Settlement and ADR Settlement and ADR Trial Preparation and Trial Trial Preparation and Trial Post-trial Motions, Enforcement of Judgments, Appeals, Stays Post-trial Motions, Enforcement of Judgments, Appeals, Stays

Student Performance Evaluation (Grading) Grade Component Weight in Final Grade Drafting Assignments (7) 70% Examinations (2) 30%

Required Text James W.H. McCord, The Litigation Paralegal, 5th Ed., West (2008) James W.H. McCord, The Litigation Paralegal, 5th Ed., West (2008)

Website URL – URL – Contains: Contains: Course Syllabus Course Syllabus All lecture slides All lecture slides All exercises, assignments and handouts All exercises, assignments and handouts Links to supplemental readings and other useful websites Links to supplemental readings and other useful websites Course Reference Materials (e.g., FRCP, FRE, FOIA, etc.) Course Reference Materials (e.g., FRCP, FRE, FOIA, etc.) Links to free download sites for MSWord viewer, PowerPoint viewer, Adobe Acrobat viewer (required to view files) Links to free download sites for MSWord viewer, PowerPoint viewer, Adobe Acrobat viewer (required to view files) Contact link for sending to me Contact link for sending to me Students are responsible for printing and/or downloading any and all necessary course materials. Students are responsible for printing and/or downloading any and all necessary course materials.

End of to Introduction to The Course End of to Introduction to The Course