SYLLABUS

LEGAL 145 – Civil Litigation for Paralegals

Course Description

In this course, students are introduced to the law and procedures involved in identifying and pursuing civil actions. Students also become familiar with specific state rules of civil procedure. They learn to identify and produce pleadings and other legal documents required to initiate a civil action and pursue a legal proceeding. Through practical application assignments, students learn the proper procedures for interviewing clients and witnesses, preparing legal documents, drafting correspondence, and preparing discovery requests and responses. Students are also exposed to the process of initiating an appeal.

Prerequisites

LEGAL 106 Introduction to the Legal Profession
LEGAL 126 Research and Writing for Paralegals I

Student Learning Outcomes

Upon completion of this course, students should be able to:

1.    Calendar calculated case deadlines.

2.    Draft essential pleadings and motions pursuant to the proper codes and/or rules of civil procedure, using interviewing techniques, investigative methods, and discovery tools as appropriate.

3.    Compose correspondence directed at clients, parties, witnesses, and the courts.

4.    Assemble a trial notebook.

5.    Draft notice of appeal and supporting documents in accordance with applicable procedural rules.

Instructor Information

Wallace Francis, quarter, e-mail address, phone number, and office hours here.

April 2013

E-mail: wfrancis65@yahoo.com

Phone: (707) 544-1134

Office Hours: Thursday 4:30-5:00 Room 102

Topics Covered

• Introduction to Litigation Overview
• Informal Fact Gathering and Investigation
• Case Evaluation and Strategy
• Parties and Jurisdiction
• Introduction to Pleadings
• Answering the Complaint
• Amending the Pleadings and Case Evaluation
• Law and Motions
• Motion Practice
• Provisional Remedies
• Evidence
• Discovery and Interrogatories
• Settlements
• Alternate Dispute Resolutions
• Trial Preparation
• Enforcement ofJudgments

Textbook(s)

Bundle ISBN: 978-143-543876-7

This bundle consists of the following:

Luten, S.B. (2009).  California Civil Litigation (5^th ed). Clifton Park, NY:  Delmar Cengage Learning.

Luten, S.B. (2009).  Study Guide to Accompany California Civil Litigation (5^th ed). Clifton Park, NY:  Delmar Cengage Learning.

Grading

Exams                                                            40%

Projects and Assignments                        50%

Participation                                                 10%

90%	-	100%	=	A	=	Superior
80%	-	89.99%	=	B	=	Above Average
70%	-	79.99%	=	C	=	Average
60%	-	69.99%	=	D	=	Below Average†
59.99%	-	or below	=	F	=	Failing (Class performance and subject knowledge mastery are below academic and job acceptability; class must be repeated)
PASS	=	Pass (Internship/Externship)
FAIL	=	Fail (Internship/Externship)
IP	=	In Progress (for Internship/Externship six-week extensions only)
W	=	Withdraw (after the Add/Drop Period)
WZ	=	Military Withdrawal (active duty student deployed or training)
TR	=	Transfer Credit
PE	=	Proficiency Exam

†Satisfactory completion of most courses is based on achieving a grade of at least “D”. However, satisfactory completion of some courses is based on achieving a grade of at least “C ”. Students earning less than 70% in these courses will receive an F.  Courses that require a passing grade of “C” are identified by a “†” in the Academic Program Descriptions section within the Academic Catalog. Students are encouraged to review the Academic Catalog and current Addendum to determine whether they are required to earn 70% to pass this class.

Students whose cumulative grade point average is below 2.0 will not graduate.

Heald does not grant “extra credit” points.  Students can view their final grades online using the Heald Student Portal.

Course at a Glance










COURSE AT A GLANCE



Week 1


Read Chapter 1 and 2 of both the text and the study guide.



Week 2


Read Chapter 3, 4, and 5 of both the text and study guide.



Week 3


Read Chapters 6, 7 and 8 in both the text and study guide.



Week 4


Read Chapters 9-10-11 of the text.



Week 5


Read 12-13-14 and 15 of the text.



Week 6


Review Chapters 16-20



Week 7


Read Chapter 21 and 22



Week 8


Read Chapter 24 of the text



Week 9


Chapter 25, Review Exercises 3 and 4



Week 10


Read Chapter 27-29 of the text.



Week 11


Benchmark Part 10 due


FINAL EXAM

Instructor’s Biography

Wallace Francis is an attorney practicing in Santa Rosa, California.  He is admitted the State Bar of California and the Federal Court of the Northern District of California.  He has practiced in both civil and criminal courts.

Online Library and Learning Resources

·         Found at http://heald.campusguides.com, in your Internet Explorer favorites, and the student portal.

• Off-campus remote username is: heald_college; password is: student. (No login required on campus computers.)
• The Library and LRC contains resources, including EBSCO and online tutoring, needed to complete course work.

• For more information about all available resources, contact a Library and LRC staff member.

Heald Policies, Standards, and Guidelines

Please review the attached syllabus addendum, which contains important excerpts from current Heald College policies, standards, and guidelines.

Please review the attached Syllabus Policies, Standards, and Guidelines, which contain important catalog excerpts from current Heald College policies, standards, and guidelines.

Students are required to check class website each class session they are absent and at least three times per week.  Students are required to check their Heald email address once per week and no less.  Failure to check email is a serious error.  Students who have demonstrated a protracted, consistent pattern of late arrivals, work turned in late, and other unprofessional conduct will not be permitted to turn in late work or make up assignments are tests, save ONE quiz or test per quarter.

No cell phones, facebook, or other such distractions in class, especially during lecture.  Students who surf the net while the teacher is lecturing or teaching will receive no participation points for that day and such behavior will be noted for future reference should any party request a recommendation.  It is rude and unprofessional.  Don’t do it.

Portfolio

A portfolio represents the assembly of – and reflection upon – the depth and breadth of learning that has taken place at Heald College during your program of study. It can be used during the job interview process to highlight the skills and knowledge gained throughout your education.

You should start saving key assignments from each class in your first quarter at Heald College. You will select those documents that best highlight your skill development throughout your  time at Heald. In general, the portfolio should contain evidence of learning related to your program’s outcomes including written communication, business, computer and keyboarding skills, as well as interpersonal skills and teamwork. Consult with your instructor on strategies for collecting evidence.

We recommend creating both an electronic and paper storage system and storing evidence as you complete each course in your program.  You can create a folder in your P: drive titled “Portfolio” in which to place portfolio documents. You can also buy a two-inch binder and start saving paper copies of your work.

Turnitin

Students agree that by taking this course all required papers may be subject to submission for textual similarity review to Turnitin.com for the detection of plagiarism.  All submitted papers will be included as source documents in the Turnitin.com reference database solely for the purpose of detecting plagiarism of such papers. Use of the Turnitin.com service is subject to the Terms and Conditions of Use posted on the Turnitin.com site.