Department of Law & Paralegal Studies

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1 NEW YORK CITY COLLEGE OF TECHNOLOGY Professor Charles E. Coleman CITY UNIVERSITY OF NEW YORK Office Namm 622; Telephone School of Professional Studies Department of Law & Paralegal Studies I am almost never in the office, but always available via . COURSE OUTLINE FALL 2012 This outline is also available on Blackboard LAW CIVIL LAW AND PROCEDURE (meetings once per week) Course description: The theory and application of procedure in civil litigation with emphasis on New York State courts. The role of the paralegal in drafting documents for litigation and techniques in discovery. The use of the computer in automated litigation support. File maintenance and how to prepare a case for trial. 3 class hrs, 3 credits Prerequisite: CUNY certification in reading and writing Pre or co requisites: LAW 1101 and ENG 1101 Class Meetings: Mondays, from 6:00 p.m. until 8:30 p.m. Consult COLLEGE CALENDAR for exceptions. The Following Are Required:! New York Civil Practice for Paralegals in New York State - Practical Interpretation of the Crucial Elements, Charles E. Coleman, Gail Elizabeth Williams, Looseleaf Law Publishers, Inc., ISBN ! Civil Practice Law and Rules of the State of New York Plus Comprehensive Appendix of Related Statutes [CPLR] Publisher: LOOSELEAF LAW., ISBN [Carefully check both of the above books, before purchase, as to title and currency. DO NOT BUY USED. Each is about $34.00]! Class Handouts booklet distributed! Computer Access This class is not an online course; it is online assisted. Some materials, testing and assignments will only be available online. Students will need the following: " Basic computer skills Internet Access* City Tech address* Adobe Reader* software! Access to both a Legal Dictionary and an English language dictionary. [these may be online or otherwise] GENERAL COURSE REQUIREMENTS: Departmental attendance policy for this class. [Exceeding them may result in a failing grade.] Maximum of two absences, four latenesses(½ hour or more absence, before or during class) or a combination of them. [2 latenesses=1 absence] Texting or using other electronic devices in class is distracting to others and is to be avoided. You will need a copy of the current college calendar to prevent personal scheduling conflicts. This is a participatory class. Assignments must have been completed on time in order to participate. Expect to be called on at various times during the semester. Written assignments are to be typed/word processed and will not be accepted late. Reading assignments are supplemented by the lecture and should be done before each class. Some lecture notes are available on Blackboard Computer literacy is a pre-requisite. Most Testing and Assignment materials will be online. The Learning Center can help with general computer skills. Students must use their college account for course/college related communications. There is a SEMESTER ASSIGNMENT which is attached AND on Blackboard. TESTING QUIZZES " There will be a minimum of three announced or unannounced quizzes. " Quizzes will usually be on Blackboard. Students will have several days to complete each quiz. No make up quizzes EXAMS " There will be an in class Mid-Semester exam as indicated on the outline. " There will be an in class Final Exam during the final class of the semester. " Make up exams will not be offered. Quizzes and exams will include vocabulary specific to law. *See pages 2 and 3 of this outline for more information. LAW 1103/ course outline 1

2 GRADING The FINAL GRADE will be calculated as follows: Quizzes (will be graded and returned; the average grade of quizzes) % Court Visit & paper (grading grid will be on Blackboard.) % Other Assignments/Class Participation (Written and oral assignments) % Midterm Exam (Graded Exam will be returned) % Final Exam (Graded Exam will be retained by the Department) % Note: The grade of I [incomplete] will not be offered. Passing grade is C. EXTRA CREDIT there will be no extra credit assignments. Note: If you wish to call my attention to any personal issues regarding testing or any other matter, please discuss them with me, in confidence, before or after class. Do not wait until the last minute. BLACKBOARD We will be using a web site called Blackboard (Bb) to supplement this course with testing, assignments and to provide additional resources. Most materials distributed in class will also be available on Blackboard. The college has a number of computer labs, including the Law & Paralegal Studies Department lab (N622). You will be instructed how to access Bb during our first class. Checking Blackboard several times a week is an assignment. Blackboard allows faculty to monitor Bb activity by students. I monitor student use of Bb. Students City Tech address must be entered into Blackboard if it is not already there. Non-City Tech addresses may not work in Bb. Much of the material on or accessible through Bb are in.pdf file format. This format may be read by free Adobe Reader. Most computers have Adobe Reader already installed. If your computer does not have this software and you wish to acquire it, there are instructions on Bb or go to and click on Get Adobe Reader. DISCUSSION BOARD a weekly assignment to be completed on Blackboard. st th th 1. This required assignment is due for each week we have a class, except for the 1, 14 and 15 classes. 2. Due by 6 p.m. on the Sunday following each class. See next page for how to do this assignment. 3. Questions will be answered on Bb or in a subsequent class. Each student should review all questions and their responses prior to posting their own question and prior to the next class. 4. This is part of the assignment/participation grade. every student has an address assigned by the college. Remember your password. Do not give anyone your City Tech or CUNY Portal password. I will sometimes be communicating with the class or individual students via . should be checked regularly for messages from the university, college, department and faculty. Students are responsible for seeing to it that they can access their City Tech address, that it is entered into Blackboard and that it is functioning. See below for how to obtain assistance. I will not respond to s from non-city Tech addresses. NEED HELP with any computer related issues? Use any of the following resources: Website: Information Booth: first floor of the Namm building; via campus.citytech.cuny.edu. For CUNY Portal and Student (718) ; Room N124 For BlackBoard: (718) ; Room G-601 LAW 1103/ course outline 2

3 Plagiarism = F Plagiarism - is a person taking another s work and using it as his or her own. Plagiarism may result in failing the test/assignment/course. Students should not work with other students unless told SPECIFICALLY that collaboration is allowed. If using material from ANY source, attribution, in a recognized form, MUST be made to that source. If in doubt attribute. Plagiarism WILL result in failure for this course if, in my reasonable determination, it was willful and/or significant. It s not worth the ignominy. Blackboard Assignments. Several times a week do the following: 1. Sign on to this course on Blackboard with your username and password. 2. Read all ANNOUNCEMENTS including prior ones you m ay have m issed. 3. Check m aterials posted in all other areas. 4. Check the Assignm ents and Testing buttons for assignm ents or quizzes or both. 5. Do the DISCUSSION BOARD assignment a minimum of once per week. This is a required assignment. Doing The Weekly Discussion Board Assignment (due by 6 p.m. the Sunday immediately following each class, per course outline.) Sign on to Blackboard Click on the DISCUSSION BOARD button. Click on the DISCUSSION BOARD button with the most recent class date. Read questions from and responses to others, so you don t ask the same question. Click on ADD NEW THREAD. Type in a descriptive Subject It should be short and describe your topic. If you have no questions, indicate that in the subject line In the Message area type in your query, if any. Queries should only reference materials on the course outline to date. ONE question per thread. You may post as many threads as necessary This is a college level course. Check your sentence structure and spelling (I don t do texting). Questions will be answered on Blackboard or in a subsequent class. Check back for a response, even if you had no question. DO NOT SEND YOUR POSTING VIA . An address is provided to every registered student for use in communicating with persons in the college com m unity students, faculty, staff and adm inistration. Check your City Tech regularly. If you need to contact me, the best way is via . Do not phone the office for me; I m probably not there. For security, only sent to me from a City Tech addresses will elicit a response. Put your name in the body of the so I will know who you are; your address may not convey this. When using Bb to send , be careful that you only send the to your intended recipient(s). Do not send any assignments via unless specifically asked to do so. Students encountering difficulty in accessing Blackboard, em ail or having any other com puter related issues must ask for assistance by taking the steps presented above or attending one of the training sem inars, or both. YOU are responsible for this. LAW 1103/ course outline 3

4 Note: this outline may change during the semester. Any Major Revisions will be announced in class and will be on Blackboard. Class# Date* Fall 2012 Class Coverage BE PREPARED FOR CLASS WITH WORK AND ANY NEEDED MATERIALS. READINGS are from the course text and the CPLR, unless otherwise indicated. Readings/writings should be done BEFORE the class number they are next to. In addition, read those sections of law referenced in the text. Written assignments must be typed and will not be accepted late. 1 8/27 2 9/10 3 9/24!Administrative matters!blackboard use!review this outline.!introduction to Civil Litigation!Geography - the World, the U.S. & N.Y.!What the Paralegal is not - UPL.!Overview of Civil Procedure Bring any questions re: this outline, semester assignment or any other matter.!governments!structure of Federal Courts.!Structure of New York State courts.!subject Matter Jurisdiction. "Subject Matter Jurisdiction - concluded.!personal Jurisdiction - Due Process requirements - Plaintiff (standing) and Defendant - Claims, Counterclaims, Cross claims.!statutes of Limitations [Notice of Claim/Intention]!Privileges under CPLR & Amendment V of U.S. Constitution!Ethical concerns!distributed this class: Course Outline, Handouts, Court paper instructions First assignment - due next class.!introduction and Chapter One.!For next class: Look at maps of the world, United States, New York State and New York City.!Handout booklet pp. 1, !Chapter Two!READ this entire outline & GLANCE through Handout booklet ASSIGNMENT 1 DUE!Chapter Three!First DISCUSSION BOARD assignment due by next 6:00 p.m.!chapter Four! U.S. Constitution Amendments V & XIV!Chapter Six!Chapter Seventeen *Classes are usually scheduled on the same day each week. Dates/days of classes may sometimes be changed due to life s curves. LAW 1103/ course outline 4

5 Class# Date* Fall 2012 Class Coverage BE PREPARED FOR CLASS WITH WORK AND ANY NEEDED MATERIALS. READINGS are from the course text and the CPLR, unless otherwise indicated. Readings/writings should be done BEFORE the class number they are next to. In addition, read those sections of law referenced in the text. Written assignments must be typed and will not be accepted late. 4 10/01!Causes of Action/Remedies!Access to the courts - Attorney Fees & Costs - Poor Person s access to the court!commencing the Action - the Summons - Venue!Chapter Five!Handout booklet pp. 2-4!Chapter Eight!Handout booklet pp. 6, 12, 13, 15, 5 10/10 [Wednesday] Service of Process - Who may serve? - When may service be made? - How service is effected - ethical concerns - Proof of Service!Chapter Ten!Handout booklet pg. 16 SUMMONS ASSIGNMENT DUE 6 10/15!Appearance by the defendant - Default - response time - response form!chapter Fourteen the Answer.!Handout booklet pp If students have questions regarding the material on the mid-term exam, they will be entertained during the last ½ hour of our next class. There is no formal review. 7 10/22!Pleadings - papers statutory requirements - Caption - the Complaint Verification!Chapter Eleven!Chapter Fourteen, pps. 115 & 116.!Handout booklet pp. 17, 18!Relevant forms in rear of CPLR Verifications (lecture) *Classes are usually scheduled on the same day each week. Dates/days of classes may sometimes be changed due to life s curves. LAW 1103/ course outline 5

6 Class# Date* Fall 2012 Class Coverage BE PREPARED FOR CLASS WITH WORK AND ANY NEEDED MATERIALS. READINGS are from the course text and the CPLR, unless otherwise indicated. Readings/writings should be done BEFORE the class number they are next to. In addition, read those sections of law referenced in the text. Written assignments must be typed and will not be accepted late. 8 10/29 MID TERM EXAM 1½ hours. This exam is not on line. Makeup exams are not offered.!additional Parties.! Evidence Exam is from 6:00 p.m. until 7:30 p.m. The regular class continues after the exam.!chapter Four 9 11/ / / /26!the Complaint, using the formats.!interviewing skills "Interviewing!the Answer - Counterclaims & Cross Claims!Interview practicum " the Answer - concluded.!demand for and Bills of Particulars!Discovery!Discovery [concluded]!motion Practice!Chapter Thirteen!Chapter Fourteen, p. 117 Answer.!Relevant forms in rear of CPLR COMPLAINT DUE!Chapter Fourteen, p !Prepare questions for use this class. You will be interviewing a mock client. [3/4 hour]!chapter Fifteen!Handout booklet pg. 22!Relevant forms in rear of CPLR SEMESTER ASSIGNMENT DUE [COURT VISIT/BOOK REPORT]!Chapter Seven!Chapter Sixteen!Relevant forms in rear of CPLR!Handout booklet pp. 23, 25, ANSWER ASSIGNMENT DUE *Classes are usually scheduled on the same day each week. Dates/days of classes may sometimes be changed due to life s curves. LAW 1103/ course outline 6

7 Class# Date* Fall 2012 Class Coverage BE PREPARED FOR CLASS WITH WORK AND ANY NEEDED MATERIALS. READINGS are from the course text and the CPLR, unless otherwise indicated. Readings/writings should be done BEFORE the class number they are next to. In addition, read those sections of law referenced in the text. Written assignments must be typed and will not be accepted late /03!Pre Trial procedures!the Trial!Chapter Eighteen!Handout booklet pp. 27, 28, 29!Chapter Nineteen 14 12/ /17!Judgment!Appeals!Enforcement of Judgment Review for Final Exam [30 minutes] the FINAL Exam 2 hours. This exam will not be available on line. Make-up exams are not offered.!chapter Twenty!Handout booklet pp. 31, 33!Chapter Twenty-one!Chapter Twenty-two Bring your questions. Also, ask any questions on Blackboard. There will not be a formal review. Exam commences 6:15 p.m. ends 8:15 p.m.! GRADES should be available on your personal esims site within a few days after the final exam. *Classes are usually scheduled on the same day each week. Dates/days of classes may sometimes be changed due to life s curves. LAW 1103/ course outline 7

8 BIBLIOGRAPHY - Some Additional Resources: th New York Practice, 4 Edition and current supplements, by David D. Siegal; West. Civil Procedure, Hornbook by Jack H. Friedental, Mary Kay Kane, Arthur R. Miller; West. New York Practice Under the CPLR, by Herbert M. Wachtell and Theodore N. Mirvis. Litigation and Trial Practice for the Legal Assistant, by Roderick D. Blanchard, West. Basic Civil Procedure by Milton D. Green; Foundation Press. Collections and Enforcement of Money Judgments, Edited by Robert Frank, Jack Getman, and Richard Miller; New York State Bar Association. Also, see the External Sites area on Blackboard. BEHAVIORAL OBJECTIVES Upon successful completion of this course, the student will be able to demonstrate: 1. Understanding of the concept of sovereignty of the state and federal governments. 2. Understanding of the structure of governments, the common law and how laws are formulated and enacted. 3. Knowledge of the federal and New York State court structure. 4. Understanding of the various roles of the Paralegal in the civil process. 5. Ability to make intelligent choices when faced with ethical problems, using relevant rules and statutes and the reasoning used in their formulation. 6. Ability to discern from a fact pattern what cause(s) of action are present and which remedies are available. 7. Ability to use the statute to understand the manner and timetable in which civil actions move forward. 8. Knowledge of methods used to gather legally relevant and admissible evidence. 9. Ability to determine a court s jurisdiction over subject matter and, how to choose the most appropriate forum. 10. Ability to apply the legal requirements for obtaining personal jurisdiction over the parties. 11. Ability to draft various documents that may be needed to commence the action. 12. Ability to draft and mark pleadings and draft motions. 13. Knowledge of how to bring cross-claims, counter-claims, and implead third parties. 14. Ability to set up and maintain a case file and tickler system. 15. Knowledge of the need and appropriateness of motion practice. 16. Knowledge of the methods by which cases are disposed of prior to judgment. 17. Knowledge of the way civil trials proceeds including motions, jury selection, trial process, verdict and judgment. 18. Knowledge of the legal requirements required post judgment. 19. Knowledge of how to enforce judgments. 20. Knowledge of the appellate process. LAW 1103/ course outline 8

9 Court Visit Assignment Instructions Due 11/19 Steps to be taken: 1. Visit the court as described below, gathering the information required. 2. Take your draft to the writing center for a review; and ask for a slip. 3. Re-write the memo, correcting any errors, including informational errors. NOTE: You may do the visit and initial draft early on in the semester (a very good idea). When you do the re-write, I expect you to demonstrate in your writing what you have learned. Court Visit During the current semester, attend any portion of a civil trial or hearing. NOTE: Attendance at Family Court, Small Claims or the Housing (L&T) parts of Civil Court, Guardianship hearings, appellate proceedings or criminal proceedings or proceedings in which you have any interest WILL NOT meet the requirement and the paper grade will be zero. There may be an exception as regards appellate proceedings if it relates to the departmental trip to the N.Y. Court of Appeals or the U.S. Supreme Court...ASK. Do the observation OF THE HEARING a minimum of two hours in attendance AT the hearing. The two hours does not include from first entering the building. There is no need to view the entire proceeding and the paper may be base on multiple proceedings. Prepare a memo * This is to be a memorandum from you to me. Entirely in paragraph form. * Follow the sample memo FORMAT on page one of the handout booklet, with these modifications. >Typed; all 1" margins; DOUBLE spaced (no more, no less); 12 point, plain type. >No less than two FULL pages; no more than four pages. Bogus attempts to make it more than two pages, such as oversized print, extra sized fonts, spacing or margins, etc. will lose 15 points. >No cover or cover sheet. containing all the following information: If unable to get any of the information, state why and the steps taken to obtain it. [Note: a lot of this information is available online.] First paragraph will contain the following in the order given: * The name(s) of any student(s), if any, from a civil procedure class who accompanied you. * The day(s), date(s) and times you arrived and left. * The full name of the court[s], including venue and physical address * The name and title of the judge(s). * INDEX NUMBER of the case(s). [It is not the calendar, docket or other number.] * Names of the parties and their titles in the action, the attorneys names, their firms names and who they represent. * Whether the matter[s] was a jury or non jury trial. Second paragraph * the titles and names of all court personnel present. Include a brief job description of each and what they were actually doing during your visit. The information regarding their functions may be from any appropriate source (include the attribution for this information). Make sure the information is for the court you are visiting not somewhere else. Subsequent paragraphs will contain the following: * What happened from the time you first entered the building and how you found and chose the hearing(s) you attended. * Describe other persons in the court room and what they were doing. * A general description of what the case/hearing is about and how the various persons interacted. * Relate the proceedings to what we have covered in class. * A detailed description of what you observed people actually doing during the two hours at the hearing. Final paragraph will consist of your comments regarding your visit(s). State what you thought of the process and how it supported or modified your views of how the court operates. Do not be trite. Use legal and non-legal terminology properly, correct grammar and spelling, etc. Use standard English; DO NOT use legalese. [instructions concluded on following page] Court Visit Assignment [concluded] LAW 1103/ course outline 9

10 VERY IMPORTANT FAILURE TO GIVE ATTRIBUTION TO SOURCES OF INFORMATION WILL RESULT IN LOSS OF POINTS AND MAY RESULT IN A FAILING GRADE for the paper, the course, or both - depending on the circumstances. Turn in ALL of the following, stapled together, in this order. Do not submit any other materials.: 1. Writing Center slip on top; 2. Final re-write memo for grading; 3. First Draft of the memo Useful Information: 1. Most court rooms are open to the public, space permitting. Persons who enter the court must move through security detectors and are subject to search. Leave cameras, recorders and metal objects (inasmuch as that is possible) somewhere else. 2. Do not take notes in the court room without first seeking permission from court personnel, such as the clerk or court officers. You will usually find them most helpful. Let them know that you are a student and attending as part of a class assignment. But, do not disturb them while they are doing their work. Do not be surprised if the Justice/Judge is made aware of your presence and addresses you. 3. You may want to make a preliminary visit to the court house to find out where civil trials are held and the hours of operation. Generally, the courts are closed between 1 and 2 p.m. 4. Remain quiet and do not read in the court room. 1. A ringing cell phone or other electronics noises will be a very BIG problem. 2. REVIEW THESE two pages of INSTRUCTIONS BEFORE TURNING IN THE ASSIGNMENT. 3. Do not ask me for the location of a court to visit; that s part of this assignment. Notes: LAW 1103/ course outline 10

11 ALTERNATIVE TERM ASSIGNMENT Qualifications: Students who are able to articulate why they cannot complete the court visit assignment for any reason, may do this Read and Report assignment instead. A student s decision to do this alternative assignment is irrevocable. Students may not do this assignment without prior WRITTEN permission. Students who choose to do this assignment must submit a memo, by our third class, explaining why they cannot complete the court visit assignment. These memos will be kept in confidence and returned with a written response and, if the request is granted, the title and author of the book. Schedule conflicts generally are not an acceptable reason. If the student is not comfortable putting the reason in writing, indicate that in the memo and speak to me in confidence before or after our third class. The Assignment: A substantial book will be assigned for reading. A report, using the following guidelines, is to be submitted. There is no requirement that you purchase this book. A CUNY college or a public library will have it available.! The due date is the same as that given for the court report. Due Date 11/19! This alternative report is to be in the form of a memo! Font size is to be a common font of 12 point.! No cover page or report cover is to be used.! The report is to be more than 2 FULL pages but less than 4 pages in length - double spaced.! The report is to be entirely in paragraph form, in the following order, each section of the report being labeled as indicated here. " Book/Author Information The name of the assigned book, author, publisher, whether it is hard cover or paperback, the number of pages in the book and the year of publication and its ISBN. Include a brief biography of the author from a source other than the book [do not forget attribution]. " Content - YOUR synopsis of the book. If including quotes from the book, do not forget attribution. This information should be sufficient to let the reader of your report understand what information is being provided by the author. " Author s viewpoint - - What idea/viewpoint is the author trying to convey? - Why do you think the author considers this important for the reader to know? " Information Received - - What items of information did you glean from this reading? - Why these items of information are or are not important? - Who should read or not read this book and why? - Relate this book s contents to our course and to current affairs. " Your Viewpoint - State and support the following: - a general critique of the contents of the book. - why this book, as a whole, is or is not important. - What do you think should have been included or omitted?! This paper is to be a college level report, using appropriate vocabulary and construction. It should not be trite or pithy, but reflective of analysis and thought. Quality is what is being sought.! As with all work, keep a copy. Steps to be taken for submission: 1. Read the book and write a draft report as described above. Review your draft. 2. Take the draft to the writing center, review it with the writing tutor and get the writing center slip. 3. Rewrite the report, correcting any errors, including informational errors. 4. Turn in the following stapled together in this order: a. writing center slip on top; b. the written permission to do this alternative assignment. c. Rewrite of the memo d. First draft of the memo LAW 1103/ course outline 11

12 [This page intentionally left blank] Notes: *Classes are usually scheduled on the same day each week. Dates/days of classes may sometimes be changed due to life s curves. LAW 1103/ course outline 12

13 LAW 1103/ CIVIL LAW AND PROCEDURE Prof. Charles E. Coleman Homework Assignment #1 Due 9/10/12 Name (print) (First name) (Surname) Instructions: Read each question carefully. Answer ALL questions. RESEARCH FOR THE ANSWERS, IF NECESSARY. This is not a quiz; it s an assignment. (If you cannot answer a question, state why.) There is no need to type THIS assignment, but print each response. What is the Title and who is the author of one book you recently completed? What is the name of ONE magazine to which you subscribe? What is the title of ONE TV program you watch regularly? What is the title of ONE movie you have recently seen? What are names of all of the boroughs that comprise New York City? Name all of the counties that comprise New York City? In which county do you live? If you do not live in New York State, also give the State s or Province s name. What are the names of ALL of the counties located on Long Island? Don t forget the other page. LAW 1103/ course outline 13

14 Write a paragraph about yourself below, consisting of exactly five properly constructed sentences. (This is not optional, but it should not be anything that you would not want everyone in the world to know.) Please answer the following questions: 1. What is your level of computer expertise? Stone Age Some A lot A whole lot Can t touch me. 2. Were you able to access your City Tech ? Yes No If you answered NO, what steps have you taken to resolve this problem. [Remember: there is help available. See your course outline.] 3. Go to follow the instructions for accessing the CUNY portal and Blackboard. a. Did you have difficulty accessing the CUNY Portal? Yes No b. Did you have difficulty accessing Blackboard? Yes No If you answered YES to either question, explain the problem AND how you resolved it. [Remember: there is help available. See your course outline.] LAW 1103/ course outline 14 Don t forget the other page.

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