PA110PA110Civil Litigation ICivil Litigation I

Unit 1 SeminarUnit 1 Seminar

Instructor: Brian CraigInstructor: Brian Craig

Instructor ProfileBrian Craig

Instructor at Kaplan University since 2007

Experience:Attorney since 2002 (admitted in CA and MN)Adjunct professor at the University of Minnesota Law School, 2007-2008

Education: JD, University of IdahoBA, Brigham Young University (UT)

Personal:Married with two boys (ages 7 and 5)Hobbies: playing piano, reading, visiting waterfalls/national parks

Introductions Discussion

Unit 1 - IntroductionsPlease introduce yourself to your instructor and classmates. Take this opportunity to get to know the people you will be learning and interacting with over the next 10 weeks.

Unit 1 Seminar Overview

In the unit 1 seminar, we will cover the following:

• Syllabus• Seminars and Alternative Assignment for Missed

Seminar• Discussion Board Expectations• Due Dates and Late Policy• Class Communication• Course Text• Academic Honesty• Major Writing Assignments• Civil Litigation Overview• Unit 1 Action Item

SyllabusPlease read and refer to the Syllabus!Many common questions can be answered from consulting the

syllabus Example: What is reading assignment for unit 2?

Accessing the Syllabus:1. Syllabus sent via email to all students OR2. Syllabus also available on course main page

Items in the Syllabus:• Seminar Times• Reading assignments for each unit• Policy on Late Work• Grading rubric for discussion boards• Plagiarism Policy• Late Work Policy

Seminars

Participation in the Seminar is a very important part of this course!

Moderated Chat: Student responses will be approved by the instructor to keep on topic

Seminars

• Students can see old seminars the day after the seminar

• Each seminar is worth 5 points. Students will receive full points for attending seminar and zero points for non-attendance.

• If you arrive late or need to leave early, you will still earn the full 5 points (no alternative assignment required)

• Seminar grades will usually be posted within 24 hours.

Alternative Assignment for Missed Seminar

If you are unable to attend the seminar, you can still learn the information that was provided and also earn the seminar points. In order to earn the seminar points, you must complete an alternative assignment and submit it as a Word document attached to an email (Do not Submit via the Dropbox).

The alternative assignment must provide at least a clear synopsis of the material covered at the seminar along with your analysis of that material. It should be no less than two pages and no longer than three pages and must be submitted within 7 days of the missed seminar.

Write a summary of the seminar and send the summary to the instructor via email.

Discussion Boards

Number of Posts:Students should have at least one initial response per topic and also respond to at least two other students for each discussion board topic.

Frequency of Posts:Post on more than one day during unit.

Discussion Board Grading

• Use proper punctuation, grammar, and spelling• Use spell checker or use spell checker in Word

and then copy and paste post• Make sure to post in all appropriate discussion

board topics• See grading rubric in the syllabus

Due Dates

All discussion board postings, assignments, quizzes, and tests are due 11:59 pm (ET), Tuesday

See announcement for due dates and graded items

Contacting the Instructor: Email

Using the Email link in the course

Instructor will answer emails within 24 hours Mon-Fri or 48 hours during the weekend

Use Kaplan Email Only

Online Office Hours

Monday, 1-3 PM (ET)

For online office hours, I will use the AIM instant message system. My AIM sign-in is “bjcmnus”

If you are not an AIM member, you can download the free service at http://www.aim.com

Doc Sharing

Course TextRules for WritersGrading RubricsAdditional Resources/Forms for Assignments

Academic Honesty

Kaplan University considers academic honesty to be one of its highest values. Students are expected to be the sole authors of their work. Use of another person’s work or ideas must be accompanied by specific citations and references.

See information in the syllabus on academic honesty.

Course Outcomes

As a result of completing this course, students will be able to:

PA110-1 Apply ethical guidelines to the civil litigation process PA110-2 Investigate civil disputesPA110-3 Draft legal correspondence to a clientPA110-4 Draft initial pleadings in civil lawsuitsPA110-5 Draft a pre-trial discovery document in a civil lawsuit PA110-6 Draft a document associated with trial practiceGEL-6.5 Use electronic libraries/databases for research purposes

Course Overview (Units 1-5)

Unit 1: Justin King Case

Unit 2: Pre-Complaint Investigation

Unit 3: Drafting the Complaint

Unit 4: Pre-Answer Investigation

Unit 5: Answer (No midterm exam)

Course Overview (Units 6-10)

Unit 6: Discovery I

Unit 7: Discovery II

Unit 8: Pre-Trial Motions and Settlement

Unit 9: Getting Ready for Trial

Unit 10: Course Reflection

Writing Assignments

Unit 1 Action Item (85 points)Unit 2 Action Item (85 points)Unit 3 Action Item (85 points)Unit 4 Action Item (85 points)Unit 5 Drafting the Answer (205 points)Unit 6 Action Item (85 points)Unit 7 Action Item (85 points)Unit 9 Action Item (85 points)

Introduction to Civil Litigation

Civil litigation vs. criminal procedure

Focus in this course is on civil litigation

Overview of Civil Litigation Process

Step 1: Client IntakeStep 2: ComplaintStep 3: ServiceStep 4: Defendant’s AnswerStep 5: DiscoveryStep 6: TrialStep 7: AppealStep 8: Collection

See also steps in a civil case at the link below (also in webliography):

http://www.abanet.org/publiced/courts/cases.html

Unit 1 Graded Items

Unit 1 Discussion Unit 1 Action ItemUnit 1 Seminar

Deadline: 11:59 PM ET, Tuesday, Nov. 15

Note: The terms “action item” and “assignment” are synonymous

Unit 1 Action ItemFirst: Listen to the Justin King video (and/or read the transcript)

Suggestion: Print out the Interview Fact Sheet found in the Client Folder and take notes with a pencil or pen while you are watching the video.

Second: Complete the Initial Interview and Investigation Sheet (form in Unit 1 or revised form in Doc Sharing)

Submit the completed Initial Interview and Investigation Sheet via the Dropbox

Deadline: 11:59 PM ET, Tuesday, Nov. 15

Grading RubricFull grading rubric in Doc Sharing

Content (70%)Grammar and Spelling (5%)Format (5%)Style and Coherence (10%)Organization (10%)Total: 100%

Unit 1 Action Item

Complete:

Section D. Client’s Facts/StorySection E. Potential DefendantsSection F. Follow Up QuestionsSection G. Additional Research/Investigation Needed

(include preliminary legal research and factual research)

Do not complete sections A-C or section HSee additional instructions and revised form in Doc Sharing

Unit 1 Action Item

Section D: Facts Section

Organize facts in chronological order

Write in complete sentences

Include damages

DO NOT copy and paste transcript!

Unit 1 Action Item

Section E: Potential Defendants

Identify 3+ potential defendants

Concept of “deep pockets” for defendants

Unit 1 Action Item

Section F. Follow Up Questions

Discuss follow up questions in “Section F. Follow Up Questions.”

You should list at least five (5) potential follow up questions. Avoid questions with “yes” or “no” responseStart with “who, what, where, when, why, and how”

Unit 1 Action Item

Section G. Additional Research/Discovery Needed

Potential witnesses

Documents

Tangible Items

Legal research