Stanton, Thomas

English

University of Montana

University of MontanaScholarWorks at University of MontanaSyllabi Course SyllabiFall 9-1-2005LEG 270T.01: Civil LitigationThomas StantonUniversity of Montana - Missoula, Tom.Stanton@umontana.eduLet us know how access to this document benefits you.Follow this and additional works at: https://scholarworks.umt.edu/syllabiThis Syllabus is brought to you for free and open access by the Course Syllabi at ScholarWorks at University of Montana. It has been accepted forinclusion in Syllabi by an authorized administrator of ScholarWorks at University of Montana. For more information, please contactscholarworks@mso.umt.edu.Recommended CitationStanton, Thomas, "LEG 270T.01: Civil Litigation" (2005). Syllabi. 9982.https://scholarworks.umt.edu/syllabi/9982UNIVERSITY OF MONTANA COLLEGE OF TECHNOLOGY Prepared by T. Stanton  Fall Semester Calendar 2005 Civil Litigation (LEG 270) Meeting Times: Tuesday and Thursday: 9:40 a.m. to 11:00 a.m. Room HB 06.  INSTRUCTOR: Thomas Stanton.  I can be reached at 243-7850 or e-mail me at Tom.Stanton@umontana.edu.  My office is located in the Northeast corner of the Business Administration building, East Campus.  Although office hours are posted I can usually be reached before, between and after classes.  (See schedule on office door).  COURSE DESCRIPTION:  Introduction to the rules governing civil litigation involving the general nature of how lawsuits arise including client interviews and data gathering, pleading and practice from the filing of suit to file preparation for trial, and also core considerations of ethics and professionalism.  COURSE OBJECTIVES: 1.  Identify sequence and nature of the rules governing civil litigation. 2.  Synthesize the reasons for and the nature of the differences between various jurisdictions. 3.  Become familiar with the nature of the client interview and the necessary considerations for case evaluation and strategy. 4.  Draft pleadings and motions. 5.  Explore the nature, scope and importance of discovery. 6.  Review the reasons behind and the operation of the rules of evidence. 7.  Develop litigation file organization skills.  TEXT:  Title: Fundamentals of Litigation for Paralegals, 3rd Ed.  Author(s): Mauet and Maerowitz  Publisher: Aspen Law & Business     Outline for Fall 2005 Semester  Week 1 Tuesday, August 30, 2005:  Introduction and Discussion of Syllabus. Thursday, September 1, 2005:  Explanation of Civil Lit Diagram and abbreviations.  Week 2 Tuesday, September 6, 2005: Discussion: Chapter 1, Introduction to Litigation Thursday, September 8, 2005   2    Week 3 Tuesday, September 13, 2005: Discussion: Chapter 2, Informal Fact Gathering and Investigation Thursday, September 15, 2005  Week 4 Tuesday, September 20, 2005: Discussion: Chapter 3, Case Evaluation and Strategy Thursday, September 22, 2005 Draft Witness Interview Checklist  Week 5 Tuesday, September 27, 2005: Discussion: Chapter 4, Parties and Jurisdiction Thursday, September 29, 2005 Draft Litigation Time Table   Week 6 Tuesday, October 4, 2005: Discussion: Chapter 5, Pleadings Thursday, October 6, 2005 Draft Complaint in Civil Action  Week 7 Tuesday, October 11, 2005: No Class, Instructor Absence Thursday, October 13, 2005: Discussion: Chapter 5 (Continued) Draft Answer to Complaint  Week 8 Tuesday, October 18, 2005: ***Midterm Examination*** Thursday, October 20, 2005: No Class Draft Motion for Extension of Time or Motion for Continuance  Week 9 Tuesday, October 25, 2005: Discussion: Chapter 6, Law and Motions Thursday, October 27, 2005 Discussion: Chapter 7, Motion Practice   Week 10 Tuesday, November 1, 2005: Discussion: Chapter 8, Provisional Remedies Thursday, November 3, 2005 Draft Motion for Default Judgment and Draft of Motion for Judgment on the Pleadings  Week 11 Tuesday, November 8, 2005: Discussion: Chapter 9, Evidence  Thursday, November 10, 2005: Discussion: Chapter 9 (Continued)  3                         Week 12 Tuesday, November 15, 2005: Discussion Chapter 10  Thursday, November 17, 2005: Discussion: Chapter 10 (Continued)  Week 13 Tuesday, November 22, 2005: Discussion: Chapter 10 (Continued) Thursday, November 24, 2005: No Class, Thanksgiving Break Draft Definitions and Instructions for Interrogatories  Week 14 Tuesday, November 29, 2005: Discussion: Chapters 11, 12, 13,14 (Overview) Thursday, December 1, 2005 Draft Interrogatories  Week 15 Tuesday, December 6, 2005: Review for Final Examination  Thursday, December 8, 2005  Week 16 **Finals Week** Final Exam, per U.M./C.O.T. Final Schedule    4  GRADING   Scale:   A: 100-93%   B: 92-85%   C: 84-77%   D: 76-70%   F: below 70%   Breakdown  Exams: Count. for 90 % of final grade.  Quizzes:  Quizzes may be given at any time; announced or unannounced.  Some of the quizzes may be graded in class for no value.  Some of the quizzes will be collected and graded for value toward final grade.  Make up quizzes may be given at the sole discretion of the instructor.  Projects: Count for 10 % of final grade.  All projects are due at beginning of class.  If late, automatic 50% reduction in value.  Absences: The instructor reserves the right to lower grades for excessive absences.  Extra Credit:  Opportunities may arise where point credit can be given for independent projects as developed between student and instructor.  Participation:  Every student is expected to participate and/or be prepared to participate in class discussions.  Accordingly, class participation can positively or negatively affect the student’s grade.  Other: If any student requires special consideration for any reason, it is the responsibility of the student to contact the instructor to discuss the matter prior to any situation that might give rise to the special consideration requested.  The instructor reserves the right to alter or amend any part of this proposed outline at any time during the semester.   

LEG 270T.01: Civil Litigation

University of Montana ScholarWorks at University of Montana Syllabi Course Syllabi Fall 9-1-2006 LEG 270T.01: Civil Litigation Thomas Stanton University of Montana - Missoula, Tom.Stanton@umontana.edu Follow this and additional works at: https://scholarworks.umt.edu/syllabi Let us know how access to this document benefits you. Recommended Citation Stanton, Thomas, "LEG 270T.01: Civil Litigation" (2006). Syllabi. 10599. https://scholarworks.umt.edu/syllabi/10599 This Syllabus is brought to you for free and open access by the Course Syllabi at ScholarWorks at University of Montana. It has been accepted for inclusion in Syllabi by an authorized administrator of ScholarWorks at University of Montana. For more information, please contact scholarworks@mso.umt.edu. UNIVERSITY OF MONTANA COLLEGE OF TECHNOLOGY Prepared by T. Stanton  Fall Semester Calendar 2006 Civil Litigation (LEG 270) Meeting Times: Tuesday and Thursday: 9:40 a.m. to 11:00 a.m. Room HB 08.   ACADEMIC MISCONDUCT STATEMENT:  All students must practice academic honesty.  Academic misconduct is subject to an academic penalty by the course instructor and/or disciplinary sanction by the University.  All students need to be familiar with the Student Conduct Code.  The code is available for review online at http://www.umt.edu/SA/VPSA/index.cfm/page/1321.  INSTRUCTOR: Thomas Stanton.  I can be reached at 243-7850 or e-mail me at Tom.Stanton@umontana.edu.  My office is located in the Northeast corner of the Business Administration building, East Campus, Office AD 11.  Although office hours are posted I can usually be reached before, between and after classes.  (See schedule on office door).  COURSE DESCRIPTION:  Introduction to the rules governing civil litigation involving the general nature of how lawsuits arise including client interviews and data gathering, pleading and practice from the filing of suit to file preparation for trial, and also core considerations of ethics and professionalism.  COURSE OBJECTIVES: 1.  Identify sequence and nature of the rules governing civil litigation. 2.  Synthesize the reasons for and the nature of the differences between various jurisdictions. 3.  Become familiar with the nature of the client interview and the necessary considerations for case evaluation and strategy. 4.  Draft pleadings and motions. 5.  Explore the nature, scope and importance of discovery. 6.  Review the reasons behind and the operation of the rules of evidence. 7.  Develop litigation file organization skills.  TEXT:  Title: Fundamentals of Litigation for Paralegals, 3rd Ed.  Author(s): Mauet and Maerowitz      Publisher: Aspen Law & Business 2   Outline for Fall 2005 Semester  Week 1 Introduction and Discussion of Syllabus. Explanation of Civil Lit Diagram and abbreviations; provide and explain pictorial representation of typical civil litigation  Week 2 Chapter 1, Introduction to Litigation; Sources of Law, the court system, the paralegal’s role, ethical considerations End of chapter review questions   Week 3 Chapter 2, Informal Fact Gathering and Investigation; Structuring fact investigations, client interviews, exhibit acquisition, witness interviews, experts End of chapter review questions  Week 4 Chapter 3, Case Evaluation and Strategy; attorney-client agreement terms, planning the litigation, time table estimation, prefiling requirements, intro to Chapter 8, provisional remedies End of chapter review questions Draft Litigation time table  Week 5 Chapter 4, Parties and Jurisdiction; Parties, Jopinder, subject matter jurisdiction, personal jurisdiction, federal and state court jurisdiction, venue, choice of law Cases: Pennoyer v. Neff, Montana cases End of chapter review questions Draft Litigation witness interview checklist   Week 6 Chapter 5, Pleadings; Pleading requirements, FRCP 8, 9, 11, Elements of Complaints, FRCP 4, 5, Answers and other responsive pleadings, FRCP12, Amendments End of chapter review questions Draft Complaint in Civil Action  Week 7 Chapter 5 (Continued) Draft Answer to Complaint  Week 8 Review for midterm examination Midterm Examination Draft Motion for Extension of Time or Motion for Continuance 3   Week 9 Chapter 6, Law and Motions; Motion requirements, extensions, substitutions, removal End of chapter review questions Review midterm examination    Week 10 Chapter 7, Motion Practice; judgment on the pleadings, summary judgment, dismissals, defaults, consolidation of trials; FRCP12, 55, 56 End of chapter review questions Draft Motion for Default Judgment and Draft of Motion for Judgment on the Pleadings  Week 11 Chapter 8, Provisional Remedies; TRO’s, preliminary injunctions, writs of attachment, writs of possession, security interests, lis pendens End of chapter review questions  Week 12 Chapter 9, Evidence; 3 R’s, Hearsay, exceptions to hearsay, FRE End of chapter review questions  Week 13 Discussion Chapter 10; Interrogatories, Requests for Production of Documents and Things, Requests for Admissions, Depositions, Physical and Mental Exams, FRCP26-36  Week 14 End of chapter review questions Draft Definitions and Instructions for Interrogatories  Week 15 Review for Final Examination   Week 16 Final Exam             4  GRADING   Scale:   A: 100-93%   B: 92-85%   C: 84-77%   D: 76-70%   F: below 70%   Breakdown  Exams: Count. for 90 % of final grade.  Quizzes:  Quizzes may be given at any time; announced or unannounced.  Some of the quizzes may be graded in class for no value.  Some of the quizzes will be collected and graded for value toward final grade.  Make up quizzes may be given at the sole discretion of the instructor.  Projects: Count for 10 % of final grade.  All projects are due at beginning of class.  If late, automatic 50% reduction in value.  Absences: The instructor reserves the right to lower grades for excessive absences.  Extra Credit:  Opportunities may arise where point credit can be given for independent projects as developed between student and instructor.  Participation:  Every student is expected to participate and/or be prepared to participate in class discussions.  Accordingly, class participation can positively or negatively affect the student’s grade.  Other: If any student requires special consideration for any reason, it is the responsibility of the student to contact the instructor to discuss the matter prior to any situation that might give rise to the special consideration requested.  The instructor reserves the right to alter or amend any part of this proposed outline at any time during the semester.   

https://scholarworks.umt.edu/cgi/viewcontent.cgi?article=11546&amp;context=syllabi

LEG 270T.01: Civil Litigation

Abstract

Similar works

Full text

Available Versions

University of Montana

University of Montana