Civil Litigation
CVLL400 — Civil Litigation, 3.0 hours
This course provide students with an introductory-level education regarding the process and procedures of filing a lawsuit against a person or organization.
Program Objectives
- To differentiate between criminal and civil procedure and describe the functions of trial and appellate courts in the civil litigation process.
- To list the practical considerations that affect the decision to accept a case and identify rules that control the admissibility of different forms of evidence.
- To describe, in general, the contents of a complaint, the types of relief that can be requested in the complaint and define a counterclaim, cross-claim, and third-party complaint.
- To identify some common pretrial motions and identify the five major methods of discovery.
- To define deposition and to define and explain the various purposes of interrogatories.
- To explain the purposes for requesting a physical or mental examination and to identify the different approaches to document requests.
- Explain the uses of the request for admission and identify the initial factors regarding settlement.
- To describe the purpose and content of the trial notebook and to explain the nature and notice of an appeal
Professor
My name is Lindsey McKee, I serve as a District Court Judge for New Hanover and Pender Counties in North Carolina. Prior to being elected District Court Judge in 2014 I served as a career prosecutor assigned to prosecute a variety of crimes including motor vehicle offenses, domestic violence, drug offenses, property crimes and served as juvenile court prosecutor and a member of the Drug Treatment Court team. As a prosecutor I also spent time traveling around the state teaching prosecutors, judges, and law enforcement officers in the area of motor vehicle law. I am an active member of my community and my church and in my spare time enjoy live music, reading, and spending time with my two rescue pups, Bandit and Lewis.
Online Support (IT) and Moodle Navigation
All members of the Lakewood University community who use the University’s computing, information or communication resources must act responsibly. Support is accessible by calling 1-800-517-0857 option 2 or by emailing info@lakewood.edu
Books and Resources
Kerley Peggy, Hames Banker Joanne, Sukys Paul. Civil Litigation. 7th ed. Cengage, 2015.
Evaluation Method
Graded work will receive a numeric score reflecting the quality of performance.
Course Requirement Summary
- Assignments - Total of 60 Points
- Weekly discussion forums-Total of 80 Points
- Final Exam - 50 Points
Grading Scale
Graded work will receive a numeric score reflecting the quality of performance as given above in evaluation methods. The maximum number of points a student may earn is 190. To determine the final grade, the student's earned points are divided by 190.
Your overall course grade will be determined according to the following scale:
A = (90% -100%)
B = (80% - 89%)
C = (70% - 79%)
D = (60% - 69%)
F < (Below 60%)
Academic Integrity/ Plagiarism
Cheating (dishonestly taking the knowledge of another person whether on a test or an assignment and presenting it as your work) and plagiarism (to take and pass off as one's own the ideas or writing of another) are a serious issue. While it is legitimate to talk to others about your assignments and incorporate suggestions, do not let others "write" your assignments in the name of peer review or "borrow" sections or whole assignments written by others. We do get ideas from life experiences and what we read but be careful that you interpret these ideas and make them your own.
I am aware that many types of assignments are available on the internet and will check these sources when there is legitimate suspicion.
Penalty is a zero on the assignment. In cases where there is a major or continuous breach of trust, further discipline, such as an "F" in the course, may be necessary.
The major consequence of any form of cheating is damage to your character and the result of trust and respect.
Disability Accommodations
Students who may have a disability meriting an academic accommodation should contact Jim Gepperth, the Disabilities Services Coordinator and Academic Dean. For accommodations to be awarded, a student must complete a form and provide documentation of the disability to the Disability Services Coordinator. Any accommodations for disabilities must be re-certified each year by the Disability Services Coordinator before course adjustments are made by individual instructors. Additional information on disability accommodations may be found in the Lakewood University Catalog.
Supplemental Texts
You can use the following resources to assist you with proper source citation.
American Psychological Association Style Guide- https://www.mylakewoodu.com/pluginfile.php/118179/mod_resource/content/1/APA%20Style%20Guide%207th%20edition.pdf
The Purdue OWL website is also a helpful resource for students. Here is a link to the OWL website: https://owl.purdue.edu/owl/research_and_citation/apa_style/apa_formatting_and_style_guide/general_format.html
Library
Mary O'Dell is the Librarian on staff at Lakewood University
She is available by appointment. You can make an appointment with her by emailing her at modell@lakewood.edu or call at 1-800-517-0857 X 730
You may also schedule a meeting at this link: https://my.setmore.com/calendar#monthly/r3a761583354923270/01032020
She can assist you with navigating LIRN, research, citations etc.
Support
Each student at Lakewood University is assigned a Success Coach. Your Success Coach exists to assist you with academic and supportive services as you navigate your program. They will reach out to you, often, to check-in. Please use the resources they offer.
Student Services is available to assist with technical questions regarding Lakewood University and all services available to you.
1-800-517-0857 option 2
info@lakewood.edu
studentservices@lakewood.edu
Career Services
Students are offered Career Services at any point as they journey their academics at Lakewood University.
1-800-517-0857 option 2
careerservices@lakewood.edu
Objectives
- To differentiate between criminal and civil procedure and describe the functions of trial and appellate courts in the civil litigation process.
- To list the practical considerations that affect the decision to accept a case and identify rules that control the admissibility of different forms of evidence.
- To describe, in general, the contents of a complaint, the types of relief that can be requested in the complaint and define a counterclaim, cross-claim, and third-party complaint.
- To identify some common pretrial motions and identify the five major methods of discovery.
- To define deposition and to define and explain the various purposes of interrogatories.
- To explain the purposes for requesting a physical or mental examination and to identify the different approaches to document requests.
- Explain the uses of the request for admission and identify the initial factors regarding settlement.
- To describe the purpose and content of the trial notebook and to explain the nature and notice of an appeal
Lessons
- Litigation and the Paralegal
- The Courts and Jurisdiction
Study Course Syllabus
Read Chapters 1 & 2
Participate in the Discussion Forum
Lesson Evaluation
- Preliminary Considerations and Procedures
- Investigation and Evidence
Read Chapters 3 & 4
Participate in the Discussin Forum
Lesson Evaluation
- The Complaint
- Responses to the Complaint
Read Chapters 5 & 6
Participate in the Discussion Forum
Complete Assignment 1
Lesson Evaluation
- Motion Practice
- Overview of the Discovery Process
Read Chapters 7 & 8
Participate in the Discussion Forum
Lesson Evaluation
- Depositions
- Interrogatories
Read Chapters 9 & 10
Participate in the Discussion Forum
Complete Assignment 2
Lesson Evaluation
- Physical and Mental Examinations
- Request for Documents
Read Chapters 11 & 12
Participate in the Discussion Forum
Lesson Evaluation
- Requests for Admission and the Future of Discovery
- Settlements, Dismissals, and Alternative Dispute Resolution
Read Chapters 13 & 14
Participate in the Discussion Forum
Assignment 3
Lesson Evaluation
- Trial Techniques
- Posttrial Practice
Read Chapter 15 & 16
Participate in the Discussion Forum
Complete the Final Exam
Request the Next Course
Lesson Evaluation
THANKS FOR A GREAT CLASS