LAW AND LITIGATON

Spring 2004

The Department of Legal Studies

LSPR 220

INSTRUCTOR: Jack Baldwin LeClair, M.A. Ed.S. J.D.

CLASS MEETING TIME AND LOCATION: Wednesday, 8:15 - 10:45 P.M. Dickson 286

OFFICE HOURS: Posted in Legal Studies Office and by appointment.

TELEPHONE NUMBERS: School: 973.655.7953

leclairj@chss.montclair.edu

WWW: http://www.chss.montclair.edu/leclair/LS/courses/lawlit/lawlit/html

TEXTS: "M"=McCord, James W.H., The Litigation Paralegal: A Systems Approach- 4th Edition, (Minneapolis: West Publishing, 2003).

GRADING: Midterm Examinations: 40%; Final Examination: 40% Simulation and/or Practicum and/or Paper: 10% Classroom attendance & Participation: 10%

PURPOSE OF THIS COURSE

This course is a general legal studies course. You must read the assignments prior to class, come prepared to discuss the issues intelligently, participate in class, and be prepared to apply your knowledge creatively to problems assigned in class. The purpose of the course and its rules are as follows:

  1. To understand the foundations of law both substantively and procedurally as it applies to paralegal practice in the private and public sectors.
  2. To acquaint students with current theories of mediation, arbitration, and negotiation in litigation theory.
  3. To develop a working knowledge of the techniques of creating and filing legal documents.
  4. To learn how to analyze litigation problems in the law office environment and to develop solutions.
  5. To understand the limitations and benefits of civil litigation in the complex legal environment of today's world.
  6. Reading assignments must be prepared in advance of the class meeting date.
  7. Not all course material is covered in the readings. Examinations may include material covered by lecture, class discussion, handouts, demonstrations or lab sessions in addition to assigned readings.
  8. There will be two written examinations
  9. Grades will be lowered if assignments are completed late or if makeup exams are given unless there are documented medical/psychological reasons.
  10. Class attendance is not mandatory but students cut class at their own peril.
  11. Recommended reference books and supplemental reading materials will be made available during the semester. Specific reading materials will be assigned.

TOPICS AND ASSIGNMENTS: All assignments refer to the textbook, handouts, and reserved reading materials. Specific assignments within the pages assigned may be announced in class. All topics will be covered on a flexible schedule depending on the needs of the class and other factors. Preliminary dates are provided.

PART I - Ground Rules and Initiation.

 DATE  TOPIC
 1/21 -WED --Introduction, the Legal System  Assignments Discussed .
 1/28 -WED --Overview of Civil Litigation  M: Ch 1
 2/04 -WED --Interviewing  M: Ch 2
2/11 -WED --Evidence/ Investigations  M: Ch 3
 02/18 -WED -- Complaints  M: Ch 4
 02/25- WED -- Filing /Service/ Default  M: Ch 5
 03/03 - WED -- Extra Class for continuation  Do the Readings - No Kidding
 03/10 -WED -- NO CLASS  UNIVERSITY DAY
 03/24 -WED -- Motions/Answers/ Responses  M: Ch 6
  PART II - Nuts and Bolts of Litigation: What you don't see on The Practice/JAG/Law and Order
 03/31 -WED -- MIDTERM EXAMINATION  Midterm Handout - Pay Careful Attention
 04/07 -WED -- Discovery/ Interrogatories/Admissions  M: Ch 7
 04/14 -WED -- Depositions  M: Ch 8
 04/21 -WED -- Document Production/ Exams  M: Ch 9
 04/28 -WED -- ADR and Settlement  M: Ch10
05/05-WED -- Trial Preparation/ Notebooks /Postrial Practice/ Appeals//- Have those trial notebooks ready

 M: Ch 11, Ch 12.:: Handout for Final Exam

Review// Presentations.

 05/12 -WED -  
05/ FINAL EXAM 8:00PM - 10:00PM