Civil Litigation

Civil Procedure concerns the rules and principles that govern the litigation of a civil case. Whatever grievance or injury an individual might have, there is no legal recourse available to them without the proper application of civil procedure to their claim. Successful legal professions must have a comprehensive understanding of the ins and outs of civil litigation and the complex procedural and systemic issues related to how and where a lawsuit is filed. With any civil case or controversy, the first steps to civil litigation include an evaluation of personal and subject matter jurisdiction, venue, the notice required once a lawsuit has been filed, and which substantive law – state or federal – should apply. Once these critical evaluations are made, the case will proceed accordingly and requires legal professionals to be familiar with the various stages of a lawsuit, including: pleading; structuring the lawsuit; discovery; termination of a lawsuit without trial; trial; and actions that may be taken after a jury verdict or bench trial. Because they affect every aspect of civil litigation, an understanding of these rules and processes is essential to the every day work of any legal professional.

This course explores the process and procedures associated with a civil case. It includes the initial client interview and fact gathering, preparations of pleadings, trial preparation, post trial procedure, ethical considerations for handling a civil law case, and the application of technology in the preparation and trial of a law suit. Although reference is made to state laws, the course concentrates on the Federal Rules of Civil Procedure.

Upon completion of the course, the student will be able to:

• Describe a legal team in civil litigation
• Describe the responsibilities of the paralegal in civil litigation
• Describe the skills and tasks performed by paralegals in civil litigation
• Apply the ethical rules governing civil litigation in your jurisdiction
• Prepare for an interview with a client or witness
• Investigate the facts of a civil case
• Implement a case management system
• Describe the rules that govern evidence in a civil litigation case
• Differentiate between the types of evidence
• Describe the Federal Rules of Civil Procedure
• Describe the electronic discovery process
• Apply the Federal Rules of Civil Procedure to select appropriate evidence for a civil case
• Describe documents filed in civil trial cases
• Prepare civil trial documents
• Describe types of issues presented in a civil trial
• Prepare a memo to an attorney pertaining to a civil case
• Describe civil case trial, appeal, and collection of judgment processes