CIVIL LITIGATION I -
LGLA 1346
I. Course Description:
This course presents
fundamental concepts and procedures of civil litigation and evidence with
emphasis on the paralegal's role. Civil Litigation I together with Civil
Litigation II covers litigation from the pretrial stage to the post-trial
phase. The student will develop the knowledge and skills indicated by the
Learning Outline for the course.
II Required/Recommended Texts:
Text 1: Dorsaneo, Crump, Corleon & Thornburg, Texas Civil Procedure: Pre-Trial Litigation (4th)
Text 2: Wellborn, The Rules of Evidence
Recommended: None
III. SCANs Competencies:
The SCANs Competencies that will be developed in this Course are listed on Attachment A.
IV. Instructional Methodology:
This course will be taught via a combined lecture and Socratic method format. Students will be expected to have absorbed the assigned material prior to class, and to be able to respond to questions on the assigned material. Further, students will brief court cases as assigned and will be prepared to recite on those cases. Lastly, students will prepare and present in class a memorandum on some area or question of law pertinent to these materials.
V. Course Rationale:
This course is designed to provide the student a grounding in the common and statutory law concerning evidence. The foremost purpose of this course is to develop the students skills of issue identification.
VI. Course Outcomes:
The Student Learning Outcomes for this course are listed on Attachment B.
VII. Course Evaluation System:
a. There will be 2 exams: a midterm on March 18th and a final on May 6th which will each be worth 100 points.
b. Additionally, each student will prepare and present in class a memorandum which will be worth 50 points.
c. Total course points available therefore are 100 points for each exam (200) and 50 points for the class presentation for total available points of 250.
A - 90 - 100%
B - 80 - 89%
C - 70 - 79%
D - 60 - 69%
F - 0 - 59%
d. A re-take of a midterm exam will be allowed. Re-take exams will be taken at the instructor’s choice of time and location. Re-take exams will be averaged with the original exam; however, the recorded score will not exceed 75%.
VIII. Course Policies:
a. Preparation for Class
The student will be expected to have read and absorbed all of the material assigned for a particular class session and to have fully briefed each case in the assigned material.
b. Class Participation Points
During each class, the instructor will be evaluating the quality of the student’s responses. At the end of the semester, the student will be given either an “A,” “B,” or “C” as a preliminary participation grade.
c. Unprepared Announcements
The instructor should be informed during the first few minutes of class if a student is “unprepared” for that class. Students will be allowed one announcement of “unprepared” during the course. Additional “unprepared” announcements or any non-responses will result in the loss of class participation points. A non-response is a failure to respond to a question, or a response that indicates that the student is unprepared or poorly prepared for the class. Non-responses when a student has failed to announce “unprepared” will be treated as two “unprepared” announcements.
d. Attendance
One absence will be allowed. Any additional absences will result in the loss of Class Participation Points. Arrival in class more than 15 minutes after the beginning of class or leaving class more than 15 minutes before the end of class will be treated as a “one-half absence.”
e. Withdrawal
Excessive absences may eventually result in the student being withdrawn from the course. Do not, however, assume that absences will automatically result in a withdrawal. Excessive absences may simple result in a letter grade “F” at the end of the course. If the student wishes to withdraw from the course, the student must go to an Admissions Office and fill out a Withdrawal Form.
f. Incomplete
An “Incomplete” will not be granted in this course unless the student has a grade of “C” or better on the mid-term and a demonstrable emergency.
g. Scholastic Dishonesty
Acts prohibited by the college for which discipline may be administered include scholastic dishonesty, including but not limited to cheating on an exam, plagiarizing, and unauthorized collaboration with another in preparing outside work. Academic work submitted by students shall be the result of their thought, research or self-expression. Academic work is defined as, but not limited to tests, quizzes, whether taken electronically or on paper, projects, either individual or group, classroom presentation, and homework.
h. Academic Freedom
Each student is expected to participate in class. In any classroom situation that includes discussion and critical thinking, there are bound to be differing viewpoints. Students may not only disagree with each other on occasion, but the students and instructor may also find that they have disparate views. It is expected that these differences will enhance the class and create an atmosphere where students and instructor alike will be encouraged to think and learn. Accordingly, rest assured that no student’s grade will be adversely affected by any beliefs or ideas expressed in class.
i. Student Discipline
In the event, a student acts in such a way as to significantly interfere with or disrupt the learning atmosphere of the classroom, the instructor may direct the student to leave the class and may take other measures as appropriate. See the ACC Student Handbook either in the hardcopy or on the web: http://www3.austin.cc.tx.us/evpcss/handbk/toc.htm.
j. Office of Students with Disabilities
Each AAA campus offers support services for students with documented physical or psychological disabilities. Students with disabilities must request reasonable accommodations through the Office for Students with Disabilities on the campus where they expect to take the majority of their classes. Students are encouraged to do this three weeks before the start of the semester.
k. Course Calendar
The Course Calendar is a separate document that you will have received along with this syllabus.
l. Testing Center
General use of the testing center is not available to students in this course, however, should you have occasion to use an ACC testing center, be sure to first review the Testing Center Guidelines available either in the testing center or on the web under “Students” at: http://www2.austin.cc.tx.us/testctr/
m. Student Services Handout
A Student Services Handout is attached for your review.
n. Instructional Services Handout
An Instructional Services Handout is attached for your review.
CIVIL LITIGATION I –
LGLA 1346
SCANS Competencies
Students in this Course
will be expected to use or achieve the following Competencies
Resources
1.l. Allocates Time: Allocates time
between coursework/work/family/friends.
Interpersonal
2.1. Participates as a Member of a Team:
Works cooperatively with others on joint assignments.
2.2. Teaches Others: Explains concepts in
class.
2.5. Negotiates: Works toward an
agreement on the validity of exam questions.
2.6.
Works with Cultural Diversity: Works well with men and women and with a
variety of ethnic, social, or educational backgrounds in the context of the
class..
Information
3.1.
Acquires and Evaluates Information: Extracts crucial legal issues from
court cases.
3.2.
Organizes and Maintains Information: Takes notes on assigned material
for use in class.
3.3.
Interprets and Communicates Information: Evaluates assigned material and
explains it to the class.
3.4.
Uses Computers to Process Information: Employs computers to process
course notes and to obtain, analyze and brief court cases.
Technology
5.2.
Applies Technology to Task: Understands the overall intent and the
proper procedures for setting up and using computers and their programs.
Basic
Skills
6.1. Reading: Locates, understands, and
interprets written information in the
text and assigned court cases.
6.2. Writing: Communicates thoughts,
ideas, information, and messages effectively in writing.
6.5. Listening: Receives, attends to,
interprets, and responds to verbal messages during class lectures and
discussions.
6.6. Speaking: Organizes ideas and
effectively communicates thoughts when being quesitoned in class and during
class discussions.
Thinking
Skills
7.1. Creative Thinking: Uses imagination
freely, combines ideas in new ways, when discussing hypothetical problems..
7.2. Decision Making: Chooses the best
alternative in multiple choice questions.
7.3. Problem Solving: Recognizes that
problems in hypothetical situations and identifies possible solutions.
7.5. Knowing How to Learn: Finds the important
information in class discussions and texts and consolidates the information
into a useable format.
7.6. Reasoning: Identifies the crucial
issue in a court case and recognizes the potential application of the rule in
the case to other cases with similar facts and circumstances.
Personal
Qualities
8.1. Responsibility. Exerts a high level of
effort and perseverance in effectively preparing for class and class
discussions.
8.4. Self-Management: Motivates self
through goal achievement; exhibits self-control and responds to feedback
unemotionally and non-defensively, is a "self-starter."
8.5. Integrity/Honesty: Can be trusted to
accomplish her/his own work without excessive involvement of other students.
CIVIL LITIGATION (LGLA 1346) LEARNING OUTCOMES
Upon completion of each segment of
the course, you should be able to achieve the following learning outcomes:
I.
1. Explain the nature of and the
responsibilities created by the attorney/client relationship.
2. Explain the factors considered in setting a legal fee.
3. Explain and define contingent fee agreements.
4. Explain and define lump sum fee agreements.
5. Explain and define minimum/maximum fee agreements.
6. Explain and define hourly rate agreements.
7. Explain and define fee contracts referred to as "fee by
stages".
8. Explain fee arrangements that include bonuses.
9. Explain the considerations involved in setting hourly rates.
10. Explain the Big Mac theory and hourly rates.
11. Explain the factors involved in evaluating a plaintiff's case.
12. Explain the purposes and various techniques of the client
interview.
13. Explain and define the term confidentiality as it relates to a
client.
14. Explain the four basic principles involved in handling
litigation.
15. Explain and understand the seven phases of the litigation
process.
16. Explain and define the term "malpractice".
17. Apply the concepts of this material to hypothetical situations.
II.
1. Explain the terms "jurisdiction" and "subject matter
jurisdiction".
2. Explain and diagram the Texas Court System
3. Define the subject matter jurisdiction of Municipal Courts
4. Define the subject matter jurisdiction of Justice of the Peace
Courts.
5. Define the subject matter jurisdiction of Constitutional County
Courts
6. Define the subject matter jurisdiction of Statutory County Courts
7. Define the jurisdiction of District Courts.
8. Explain issues regarding competing jurisdiction
9. Explain and define the term "amount in controversy".
10. Explain jurisdictional issues relating to the aggregation of
claims and counterclaims
11. Define the term "liquidated damages".
12. Explain the policy regarding the prohibition against advisory
opinions
13. Explain the term "moot" as it relates to jurisdictional
issues
14. Explain the term "ripeness" as it relates to
jurisdiction.
15. Explain the doctrine of standing.
16. Define the term "political question" as it relates to
jurisdiction
17. Apply the concepts of this material to hypothetical situations
III.
1. Explain and define the terms In Personam, In Rem and Semi In Rem
2. Explain and define the phrase "minimum contacts"
3. Explain and define the terms "general jurisdiction" and
"special jurisdiction"
4. Explain the facts, issues and
holdings of the Asahi Metal Case
5. Explain, define and be conversant with the Texas Long Arm Statute
6. Explain the facts, issues and
holdings of the Guardian Royal case, the CSR, Ltd case and the CMMC case
7. Explain jurisdictional issues relating to the _admission_ of
foreign corporations
8. Explain jurisdictional issues
relating to domestic relations matters
9. Apply the concepts of this material to hypothetical situations
IV.
1. Define and understand the purpose and methods of obtaining
service of process
2. Define and explain due process issues related to service of
process
3. Explain the Texas standard of strict compliance as it relates to
service of process
4. Explain and define issues regarding waiver of service
5. Explain the methods used to obtain service on different types of
business entities.
6. Define the term "alternative service"
7. Define the term and methods relating to service by publication
8. Define the term "substituted service" pursuant to the
long arm statute.
9. Explain and define the purpose of the Special Appearance
10. Apply the concepts of this material to hypothetical situations
V.
1. Explain the term "venue"
2. Explain and understand the basic venue scheme in Texas
3. Explain and define the terms "residence" and
"domicile"
4. Explain and define considerations involved in determining the
principal office of a business entity
5. Explain and define issues and procedures regarding transfer of
venue
6. Explain and be conversant with the permitted exceptions to the
general venue scheme
7. Explain and be conversant with the mandatory exceptions to the
general venue scheme 8. Apply the
concepts of this material to hypothetical situations
VI.
1. Define the terms "equitable remedy" and "legal
remedy"
2. Explain and define procedures relating to the issuance of TRO_s
and injunctions
3. Explain and define the purposes of and procedures relating to
sequestration
4. Explain and define the purposes of and procedures relating to
attachment
5. Explain and define the purpose of a lis pendens
6. Explain and define procedures
relating to prejudgment garnishment
7. Explain the consequences for the wrongful use of special remedies
8. Apply the concepts of this material to hypothetical situations.
VII.
1. Explain and define the evidentiary doctrines of relevancy and
materiality
2. Explain and define relevancy issues as they relate to photographs
3. Explain and define relevancy issues as they relate to past
occurrences, similar claims, similar accidents and conduct
4. Explain and define issues relating to the use of character
evidence regarding the defendant in a criminal trial
5. Apply the concepts of this material to hypothetical situations.
VIII.
1. Explain and define evidentiary issues regarding past activities
of a victim
2. Explain and understand relevancy issues regarding habit and
routine
3. Explain and understand relevancy issues and policy considerations
relating to subsequent remedial measures, offers to settle and the existence of
hazard or liability insurance.
4. Apply the concepts of this material to hypothetical situations
IX.
1. Explain the problems inherent in human communication
2. Explain and be conversant with the ideal testimonial conditions
3. Define the term "hearsay"
4. Explain and understand the difference between "verbal
acts" and hearsay
5. Explain and understand hearsay problems regarding statements
concerning "state of mind"
6. Explain and understand hearsay problems relating to implied
assertions
7. Explain the sea captain case
8. Apply the concepts of this material to hypothetical situations
X.
1. Explain the basis for all exceptions to hearsay rule
2. Explain and define hearsay problems regarding prior inconsistent
statements
3. Explain and define hearsay problems regarding prior consistent
statements
4. Explain hearsay issues regarding identification
5. Explain hearsay issues regarding admissions by a party opponent
6. Explain hearsay issues regarding adoptive admissions
7. Explain the effect of admissions by an agent, authorized person,
co-conspirator
8. Explain the exception to hearsay rule related to present since
impressions
9. Explain the exception to hearsay rule related to excited
utterances
10. Apply the concepts of this material to hypothetical situations
XI.
1. Explain hearsay problems related to the admissibility of
statements concerning physical condition
2. Explain issues regarding admissibility of statements concerning
state of mind.
3. Explain issues regarding admissibility of statements concerning state
of mind to prove conduct
4. Explain the admissibility of statements made for the purpose of
securing medical treatment
5. Explain the admissibility of hearsay statements under the
recorded recollection rule
6. Explain the admissibility of business records
7. Apply the concepts of this material to hypothetical situations
XII.
1. Explain the admissibility of business records
2. Explain the admissibility of public records
3. Explain the admissibility of learned treatises
4. Explain the admissibility of former testimony
5. Explain the admissibility of a dying declaration
6. Explain the admissibility of statements against interest
7. Explain and be conversant with issues concerning the offensive
use of the hearsay rule
8. Explain the residual exception to the hearsay rule
9. Apply the concepts of this material to hypothetical situations
XIII.
This class will be devoted first
to a review and completion of the materials related to the hearsay rule and the
exceptions to same. Therefore, all
learning objectives relating to hearsay are assigned for this session. The learning objectives for the new material
follow:
1. Explain the purpose of a motion in liminie
2. Explain the purpose and requirements of an objection
3. Explain the procedures related to offering evidence
4. Define the term "preliminary question"
5. Explain issues regarding them remainder of related writings and
statements
6. Explain what is meant by curative admissibility
7. Apply the concepts of this material to hypothetical situations