CIVIL LITIGATION II -
LGLA 1347
I. Course Description:
This course presents
fundamental concepts and procedures of civil litigation and civil 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
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.
Upon completion of each segment of the course, you should be able to achieve the following learning outcomes:
I.
Explain the historical background of the Texas rules with respect to the Texas system of pleading
II.:
1. Explain the purpose of a Plaintiff’s Petition.
2. Explain the elements of a Plaintiff’s Petition.
3. Define the term “statute of limitations”.
4. Define the term “cause of action”.
5. Define the term “fair notice” as the term relates to legal and factual theories.
6. Explain and understand issues concerning pleading injuries and damages.
7. Explain and understand issues concerning alternative or hypothetical claims.
8. Explain and understand the importance of the prayer for relief.
9. Explain and understand the availability and nature of sanctions for frivolous pleadings.
III.:
1. Explain the uses and functions of the following defensive pleadings:
a. The special appearance
b. The motion to transfer venue
c. The special exception
d. The plea in abatement or plea to the jurisdiction
e. The general denial
f. The special denial
g. Matters in avoidance or estoppel
h. Inferential Rebuttals
2. The uses and purposes of supplement pleadings
3. Explain and understand the nature of suits on sworn accounts
4. Explain and understand the nature of a suit in trespass to try title
IV.:
1. Explain the doctrine of merger and bar
2. Explain the doctrine of collateral estoppel
3. Explain issues concerning the interest of parties in subsequent suits and the doctrine or res judicata
4. Explain issues concerning the election remedies
5. Explain the law of the case doctrine
V.:
1. Explain the permissible object and purpose of discovery
2. Explain the scope of and limitations on discovery
3. List all discovery devices provided by the Texas rules
4. Understand the basics of discovery strategy
5. Explain and understand issues of relevancy and the discovery process
6. Define the term “work product”
7. Define the term “core work product”
8. Define the term “special work product”
9. Explain the limitations imposed on discovery by the Constitution and by the Texas rules of evidence
VI.:
1. Explain and understand the purpose and use of requests for disclosure
2. Explain and understand the purpose and uses of interrogatories to parties
3. Explain and understand the purpose and use of motions for production of documents and tangible objects from parties
4. Explain methods to obtain documents and things from nonparties by subpoena without deposition
5. Explain and understand the purpose and use of requests for admission
6. Explain the purpose and object of a deposition
7. Explain and understand the term “apex deposition”
8. Explain and understand motions for physical or mental examination
9. Explain and understand available discovery control plans
10. Explain and understand sanctions available for failure to produce discovery
VII:
Explain and understand the availability of and procedures concerning the following:
a. Judgments by default
b. Dismissal for want of prosecution
c. Summary judgment
d. Settlements, nonsuits and consent judgments
e. “Mary Carter” agreements
VIII:
1. Explain and understand the required mental competency of witnesses
2. Explain and understand issues concerning children as witnesses
3. Explain and understand the dead man’s statute
4. Explain and understand competency issues regarding lack of personal knowledge
5. Explain and understand issues concerning the competency of jurors as witnesses
6. Explain and understand the five bases for the impeachment of witnesses
IX.:
1. Explain and understand the admissibility of opinion testimony by lay witnesses
2. Explain and understand issues concerning the proper subject of a lay opinion
3. Explain who may qualify as an expert witness and why they are needed
4. Explain and understand the limitations on expert testimony
5. Explain and understand the concept of good science as set out in the Daubert case
X:
1. Explain and understand issues concerning the authentication of real evidence
2. Explain and understand evidentiary issues concerning the admission of handwriting samples
3. Explain and understand evidentiary issues concerning evidence of voice recognition
4. Explain and understand the evidentiary issues concerning the admissibility of photographs (including the two theories of admissibility)
5. Explain and understand limitations on court room demonstrations
XI.:
1. Define the best evidence rule
2. Define the term “writing” in the context of the best evidence rule
3. Explain issues concerning the requirement of the “original” and issues concerning duplicates
4. Explain when other evidence of content is admissible
5. Explain and understand the admissibility of public records
XII.:
1. Explain and understand the nature of an evidentiary privilege
2. Explain and understand the two theories of the husband wife privilege
3. Explain and understand the theory and basis of the psychotherapist patient privilege
4. Explain and understand the theory and basis of the physician patient privilege
XIII.:
1. Define the rationale for the attorney client privilege
2. Explain the nature and requirements of a confidential communication
3. Explain issues concerning representatives of the client and work product
4. Explain issues concerning representatives of the lawyer
5. Explain issues concerning eavesdroppers and the crime/fraud exception
6. Explain and understand what constitutes waiver of the privilege
XIV.:
1. Define and explain the nature of a presumption
2. Define the term judicial notice
3. Explain and understand type of facts that are the proper subject of judicial notice