The eLearning Center for Gatlin Education Services

The student gains a thorough understanding of the major aspects of civil litigation, managing a case from beginning to end, from client interview, through the drafting of a summons and complaint, motions, briefs, and trial preparation. The instructor takes the role of judge. Students also learn about the history and structure of the major court systems.

Objectives:

• Conduct an initial client interview
• Describe the purposes of the summons and complaint and other pleadings
• Differentiate the different civil discovery methods
• Understand the paralegal’s involvement in motion practice
• Assist in trial preparation and at the actual trial
• Draft a demand letter or other litigation correspondence

Supplementary Course Documents: 

• Demand Letter
• Civil Law vs Criminal Law
• The Law Office: Basic Law Office Set Up
• What is Civil Litigation?
• Different Types of Lawsuits
• Preliminary Steps: The Paralegal's Perspective
• Communicating with Clients
• Ethical Considerations
• The Client Interview
• Setting Up the File
• Preliminary Investigation
• Common Tasks and Responsibilities of the Litigation Paralegal
• Development of the Case
• Various Important Deadlines
• Rules that Govern Civil Litigation
• Commencement of Plaintiff's Lawsuit
• Review: The Pleadings; Commencing Your Lawsuit
• The Answer
• Technical Defenses
• Subsequent Pleadings
• Default Judgment
• Discovery
• Evidence
• Expert Witnesses
• Motions
• Injunctions and Temporary Restraining Orders; Class Actions
• Summary Judgment
• Overview of Trial Concepts
• Introduction to Court Organization
• Jurisdiction
• Venue
• Trials
• Audio Lectures (MP3 Format)

Discussion Topics

Week 1:

• Client Interview Questionnaire
• Additional Discussion Topic TBA

Week 2:

• Discovery
• Additional Discussion Topic TBA 

Week 3:

• What is a Motion?
• Additional Discussion Topic TBA

Week 4:

• Appellate Courts
• Additional Discussion Topic TBA

Practical Assignment (required):

The Practical Assignment is due by the end of Week Three.

Optional practical assignments are also available for extra credit.

Quizzes and Tests

All students are required to take a final test during the final week of the course. Tests are administered in the online classroom, and all answers must be submitted by the last day of class.

Grading:

Grading is calculated as follows:

Quiz	50% of final grade
Practical Assignments	35% of final grade
Participation on Discussion Boards	15% of final grade
	100% Total

Course Topics:

Week 1:

• Pleadings and Motions Directed to the Pleadings
• Elements of Form Common to Pleadings
• State Practice
• Federal Practice
  
• The Summons
• State Practice
• Commencement of Suit
• Notice of Time to Respond
• Basis of Venue
• Special Case “Consumer Credit Transaction”
• Federal Practice
• Content
• Amendmen 
• The Complaint
• Pleading Jurisdiction
• State Practice
• Federal Practice
• Pleading Venue
• General Rules of Pleading Claims (Federal) or Cause of Action (State)
• General
• Inconsistent or Alternative Pleadings
• Pleadings Format
• Prayer for Relief
• Legal v. Equitable Remedies
• Declaratory Judgment
• Additional Relief
• Pleading with Particularity in Specific Actions
• Defamation, Libel and Slander
• Fraud or Mistake
• Separation or Divorce
• Action on a Judgment
• Law of Foreign Country
• Sale and Delivery of Goods
• Personal Injury Arising out of Auto Accident
• Class Actions
• Special Proceedings; Commencement by Motion for Summary Judgment
• The Answer
• Introduction
• Denials
• Admission be Failure to Deny
• Acceptable Forms of Denial
• Scope of Denial
• General Denial
• Affirmative Defenses
• Definition
• Statutory Affirmative Defenses
• Partial Affirmative Defenses
• Counterclaims
• Definitions
• Scope
• Cross Claims
• Definition
• Compare and Contrast with Counterclaims
• Amendment of Pleadings
• With or Without Leave of Court
• Timing
• Amendment to Conform to Facts
• Motions Directed to the Pleadings and Dispositions
• Motion to Strike
• Motion to Dismiss
• Bills of Particulars
• Purpose
• Suitable Subject Matters
• Procedure for Demanding a Bill of Particulars
• Contents of a Demand for a Bill of Particulars
• Verification
• Motion to Preclude Evidence for Failure to Serve a Bill of Particulars

Week 2: 

• Disclosure
• Purposes of Discovery
• Discovery of Evidence
• Preservation of Testimony
• Means of Discovery
• Depositions
• Interrogatories
• Discovery and Inspection of Documents and Property
• Physical and Mental Examinations
• Admissions
• Timing and Sequence of Discovery 
• Depositions
• Federal v. State Considerations
• Preparation for Examination
• Preliminaries
• Introduction of Parties
• Handling Objections
• Cost of Transcript and Copies
• Objections
• To Form of Question
• Examples of Badly Formulated Questions
• Normally Preserved for Trial
• Privileged Matters
• Use of Transcript at Trial
• Alternatives to Stenographic Transcripts
• Audio
• Video
• Use of Experts
• Medical Records
• Accident Reports
• FOIL Requests
• Death Certificates
• School and Employment Records
• Corporate Filings
• Court Records
• Computer Records
• Weather Information
• Private Investigators
• Settlement
• Negotiating the Settlement
• Before Suit is Started
• During Progress of Litigation
• During Trial
• Post-verdict Discussion
• When Settlement Must Be Approved by Court
• Selecting a Jury
• Procedures
• Bifurcated Trials

Week 3:

• Motions
• In Limine
• Advantages and Disadvantages
• Kinds of Rulings
• Opening Statements
• Trial Preparation
• Role of Paralegal Assisting Trial Attorney
• Trial Notebook
• Exhibits
• Preparation of Witnesses
• Direct Examination
• Lay Witnesses
• Expert Witnesses
• Cross Examination
• Lay Witnesses
• Expert Witnesses
• Summations
• Applicable Law
• Credibility
• Jury Instructions

Week 4: 

• Post-Trial Motions
• Preserving Grounds for Appeal
• Time Limits
• Motion for Judgment Notwithstanding the Verdict
• Motion for Stay from Execution
• Motion for Relief