TULANE UNIVERSITY. 3 Hour Credit Course. Fundamentals of Litigation, Mauet & Macrowitz, Aspen Law & Business 7 th or 8 th Edition.

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1 TULANE UNIVERSITY Title of Course: Course Number: Credits: LITIGATION II PARA Hour Credit Course Term: Fall Semester 2014 Instructor: James P. Nader Contact: Business: (504) Facsimile: (504) jpn@lcba-law.com Office Hours: By appointment before or after class. TEXTS: Required: Recommended For Reference: Fundamentals of Litigation, Mauet & Macrowitz, Aspen Law & Business 7 th or 8 th Edition. Louisiana Code of Evidence Louisiana Civil Code Federal Rules of Civil Procedure Louisiana Code of Civil Procedure LEARNING OBJECTIVES: 1. Using the theory of the case method, this course is intended to educate students in the procedural, evidentiary and substantive rules governing civil litigation. 2. To introduce the student to the paralegal profession in the context of the U.S. legal system and current ethical, regulatory, educational and workplace issues. 3. To introduce the student to federal and state court systems. 4. To familiarize the student with basic legal terminology and vocabulary. 5. To develop critical thinking, writing and legal analysis skills. 6. To instruct the student in informal and formal advocacy techniques. 7. To provide an introduction to investigative techniques and an overview of evidence rules. 8. To develop legal analysis skills by teaching case briefing and problem solving. 9. To introduce the post-trial rules and procedures. 10. To assist students in the use of procedure rules to draft pleadings, including motions, memoranda and discovery devices. INSTRUCTIONAL METHODS: Lecture, case briefing and discussion, small group breakout sessions, written assignments, tests, preparation of pleadings, scenarios presented for class discussion.

2 EVALUATION OF STUDENT PERFORMANCE: Assignments & Quizzes 20% Mid-Term 40% Final 40% LATE WORK/MISSED TESTS: Assignments are due at the beginning of the next class period. Assignments turned in late will receive a 25% reduction in grade. However, assignments will not be accepted for credit after being late more than one week unless there are dire circumstances. There are only two exams in this class; accordingly, make-up tests will not be given without good cause. GRADING SCALE: A C A C B D B D B D C F ATTENDANCE: Regular attendance is essential to successful academic progress. Supplemental material will be regularly distributed during class and students will be responsible for the material covered in those handouts and during class. Unannounced quizzes will be given at discretion. WRITING WORKSHOP: When preparing written assignments, students may wish to use the tutoring services available at the Writing Workshop. The Writing Workshop is located in the Educational Resources and Counseling Department, in the Mechanical Engineering Building on the uptown campus. Evening and weekend appointments are available. You may call or access the schedule at ACADEMIC DISHONESTY: In all work submitted for academic credit, you are expected to represent yourself honestly. Work must be your individual effort unless a specific assignment is designated as a group project. You may view more information regarding Tulane s Honor Code at 2

3 DISABILITY ACCOMODATIONS: The University makes available reasonable accommodations in accordance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of Any student with specific questions about Office of Disability Services (ODS) procedures and policies should contact the Director of ODS for additional information or view the ODS website at CLASS SCHEDULE & COURSE OUTLINE Class #1 08/28/14 Overview of Civil Litigation Process Class #2 09/04/14 Jurisdiction of the courts 30 minutes Structure of the court system 10 minutes Venue 10 minutes The Petition, Motions/Exceptions & Incidental actions 10 minutes Exceptions 10 minutes Answer 10 minutes Default 10 minutes Discovery 30 minutes Trial 20 minutes Post Trial Motions & Appeals 10 minutes Read text, chapter 10, Discovery Overview and Written Discovery See also La. Code of Civil Procedure Articles Theory of the Case Discovery Written Ethics and Professionalism in Discovery (La. Code of Civil Procedure Article 863 & Federal Rules of Civil Procedure Rule 11). 1 hour, 40 minutes 1 hour Class #3 09/11/14 Read text, chapter 10, Oral Discovery See also La. Code of Civil Procedure Articles Lecture re: Oral Discovery Small Group Discussion re: Deposition & Discovery Strategy 1 hour, 40 minutes 1 hour Read text, chapter 10, Deposition Summary See also La. Code of Civil Procedure Articles

4 Class #4 09/18/14 Lecture re: Preparation of Discovery Devices & Federal Rules of Civil Procedure. Small Group Discussions re: Discovery Strategy 1 hour, 40 minutes 1 hour Class #5 09/25/14 Class #6 10/02/14 Deposition Summary Due Preparation of Interrogatories and Request for Production of Documents. Read text, chapters 6 & 7, Law and Motions and Motion Practice Dispositive Motions 1 hour, 40 minutes Discovery Motions 1 hour Preparation of Motion to Compel Discovery, Memorandum, Rule to Show Cause and Exhibits (See La. Code of Civil Procedure Articles and Local Rules of Court). Mid-Term Review 2 hours, 40 minutes Class #7 10/16/14 Class #8 10/23/14 MID-TERM EXAM Read text, chapter 8, Provisional Remedies Preparation of Notice of Records Deposition and SDT for Medical Records (HIPPA). See also La. Code of Civil Procedure Articles TRO 1 hour Preliminary Injunction 1 hour Writs 40 minutes Read text, chapter 9, Evidence. 4

5 Class #9 10/30/14 Class #10 11/06/14 Class #11 11/13/14 Class #12 11/20/14 Class #13 12/04/14 Evidence Relevance 30 minutes Hearsay 30 minutes Exceptions to Hearsay 30 minutes Privileges 30 minutes LA & Federal Rules 20 minutes Read text, chapter 12, Trial Prep, Trial and Appeal. Top ten items at 100 days before Trial 30 minutes Organization of Evidence 1 hour Trial Strategy 40 minutes Jury Interrogatories 30 minutes Read text, chapter 12, trial cont d Prepare a Trial Subpoena, Witness and Exhibit Lists. Bench Books 30 minutes Role of Paralegal at Trial 1 hour Order of Trial 10 minutes Elements of Trial 1 hour Read text, chapter 13, Enforcement of Judgments. Preparation of Judgments 1 hour Writs of Execution 40 minutes Wage Garnishment/Assets 1 hour Prepare a Judgment. Final Review 2 hours, 40 minutes 5

6 Class #14 12/11/14 FINAL EXAM 6

Contact: Kbeachy@tulane.edu Office Hours: By appointment and prior to class.

Contact: Kbeachy@tulane.edu Office Hours: By appointment and prior to class. Tulane University School of Continuing Studies PARA 2010-81 INTRODUCTION TO PARALEGAL STUDIES Fall 2015 Thursday, 6:00 8:40 p.m. Elmwood Instructor: Kathryn Clark Beachy, M.B.A. Contact: Kbeachy@tulane.edu