Civil Litigation I- Course Readings and Assignments

Week One: Chapter 1: Introduction to Litigation 

Introductions, teams, policies                                       

The Litigation Process, Sources of Law, The court system in Federal court and Pa. state courts, Obtaining Personal and Subject matter jurisdiction and Venue, Types of Remedies available to litigants.

Quiz.  Timekeeping.

Week Two:  Chapters 2 and 3: Basic Law office Structure and Procedure and the Paralegal’s Role

Structure of a typical law firm, litigation case-file management, Terms of the Attorney-Client Agreement, Planning the litigation, Prefiling Requirements, Special considerations under PA law to initiating litigation,the Paralegal’s Role in Litigation, Ethical Considerations in initiating litigation as a paralegal, attorney and/or as a party

Law office technology.

Week Three: Chapter 4 and 5-Investigation and Evidence

Structuring Fact Investigations, Client Interviews, Exhibits Acquisition,

Witness Interviews, Expert Reviews

How to best obtain and introduce evidence, both of testimonial and physical evidence, including questioning techniques, impeachment and privileges

Relevance requirement for evidence, hearsay and its exceptions, witnesses and exhibits, judicial notice, objections to evidence, privileges, paralegals role in gathering and organizing evidence

Week Four: Chapter 6- The Complaint

Topics include choice of court, drafting the complaint, preliminary injunctive relief and service of process

Week Five:   Chapter 7-Motion Practice and other Subsequent Activity

Motion practice under federal and state court, General requirements including form, notice, serving and filing, removal motions, defaults,  extensions of time and substitution of parties

Motions attacking the pleadings under FRCP Rule 12 and Pa Civil Procedure

Week Six: Chapter 8-The Answer, Additional Claims and Multiparty Practice

Drafting Answers under federal and PA law, counterclaims, crossclaims, TP Practice, Interpleader, Intervention, Class Actions, Amending and Supplementing Pleadings

Week Seven- Chapter 9-Discovery

Discovery overview, Planning a Discovery Strategy (order of discovery, who and what to discover), interrogatories, request to produce documents, subpoenas, depositions, physical and mental examinations, request for admissions, discovery motions, paralegals role in discovery   Electronic discovery, document retention policies.

Week Eight- Chapter 10- Resolution before Trial,

Dispositive Motions and Settlements

Motions to dismiss, default judgments, judgments on the pleadings and summary judgment motions

Learn how to draft a settlement agreement and establish a settlement value

Week Nine- Chapter 11-Trial and Appeal  

Pretrial Conferences, Organization of trial materials, Case management by the courts in federal and state courts, Preparation of witness and exhibits, What does a Paralegal do during trial? How to file an Appeal in court

Ethics and Case Management 

Week Ten- Trial Presentations

What is the best way to present evidence, a look at courtroom animations, deposition digests and presentation.

Week Eleven- Chapter 12- Administrative Hearings, Arbitration and Alternative Dispute Resolution

Exploration of some of the informal, nonjudicial alternatives to litigation. Review of Arbitration rules inPhiladelphia and visit to the Philadelphia Arbitration Center

Week 12 – Case Management

Week 13-More motions

Week 14-