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General Information

Course ID (CB01A and CB01B)
PARAD097A
Course Title (CB02)
Civil Litigation Procedures
Course Credit Status
Credit - Degree Applicable
Effective Term
Fall 2024
Course Description
The course focuses on substantive and procedural rules and forms for handling federal and California state civil cases through the pleading and motion phases of litigation.
Faculty Requirements
Discipline 1
[Law]
FSA
[FHDA FSA - LAW]
Course Family
Not Applicable

Course Justification

This course is in a CTE program and is CSU transferable. This course was developed to meet the important need within a paralegal studies program for students to learn the basics of civil litigation. This course belongs on the degree programs in Paralegal Studies. It also prepares students to meet the expectations of potential employers with respect to civil litigation procedures.

Foothill Equivalency

Does the course have a Foothill equivalent?
No
Foothill Course ID

Course Philosophy

Formerly Statement

Course Development Options

Basic Skill Status (CB08)
Course is not a basic skills course.
Grade Options
  • Letter Grade
  • Pass/No Pass
Repeat Limit
0

Transferability & Gen. Ed. Options

Transferability
Transferable to CSU only

Units and Hours

Summary

Minimum Credit Units
4.0
Maximum Credit Units
4.0

Weekly Student Hours

TypeIn ClassOut of Class
Lecture Hours4.08.0
Laboratory Hours0.00.0

Course Student Hours

Course Duration (Weeks)
12.0
Hours per unit divisor
36.0
Course In-Class (Contact) Hours
Lecture
48.0
Laboratory
0.0
Total
48.0
Course Out-of-Class Hours
Lecture
96.0
Laboratory
0.0
NA
0.0
Total
96.0

Prerequisite(s)

PARA D094. or ADMJ D009. or PARA D009. or POLI D009. (either course may be taken concurrently) or professional experience appropriate to the topic

Corequisite(s)

Advisory(ies)

ESL D272. and ESL D273., or ESL D472. and ESL D473., or eligibility for EWRT D001A or EWRT D01AH or ESL D005.

Limitation(s) on Enrollment

Entrance Skill(s)

General Course Statement(s)

Methods of Instruction

Lecture and visual aids

Discussion of assigned reading

Viewing, analysis, critique of assigned videos

Written reports and essays

Homework and extended projects

Collaborative learning and small group exercises

Collaborative projects

Discussion and problem-solving performed in class and/or through online course delivery

Guest speakers

Homework and extended projects

Quiz and examination review performed in class and/or through online course delivery

Assignments

  1. Oral
    1. Individual and/or small group presentations of course materials
    2. Small group discussion and analysis of hypothetical factual situations
    3. Role playing activities including client and witness interviews
  2. Written assignments
    1. Prepare selected legal documents including summons, complaint, answer, petitions and claims in relationship to hypothetical case and/or facts
    2. Prepare correspondence to courts and attorneys regarding hypothetical case and/or facts
    3. Analyze law and hypothetical case and/or facts
    4. Objective and essay examinations
  3. Reading
    1. Assigned readings from text and other references
    2. Assigned reading of select code sections and cases
    3. Viewing of assigned videos

Methods of Evaluation

  1. Oral and written assignments that show students abilities to properly prepare as to from and content selected legal documents along with their ability to demonstrate skill in communicating with clients
  2. Written midterms and final examinations testing student knowledge of the law and court rules relating to basic civil procedure
  3. Participation in class discussion where students will show their understanding of the law and their ability to apply it to given factual situations
  4. Small group and/or individual presentations designed to demonstrate understanding of the law and civil procedure

Essential Student Materials/Essential College Facilities

Essential Student Materials: 
  • None
Essential College Facilities:
  • None

Examples of Primary Texts and References

AuthorTitlePublisherDate/EditionISBN
Goren, JuliLitigation by the NumbersLawdable Press12th ed., 2023
Kerley, Peggy; Hames, Joanne; Sukys, PaulCivil LitigationCengage8th ed., 20209781337798839
McCord, James; Tepper, PamelaThe Litigation Paralegal: A Systems ApproachCengage7th ed., 20239780357767337

Examples of Supporting Texts and References

None.

Learning Outcomes and Objectives

Course Objectives

  • Describe the nature of civil litigation
  • Analyze and summarize the role of the courts in the litigation process
  • Describe the effect of the Due Process Clause of the U.S. Constitution and the Hague Treaty on the court's jurisdiction over resident and foreign defendants
  • Examine preliminary rules, procedures and practical considerations prior to commencement of litigation and prepare relevant forms
  • Evaluate the rules and procedures for initiating litigation and prepare relevant documents
  • Explain the rules and procedures for response to the initial pleadings and prepare relevant documents
  • Locate and analyze the rules and procedures for motion practice and prepare relevant documents
  • Evaluate the effect of automated litigation support on litigation practice
  • Assess the role of the paralegal in litigation and the influence of age, gender and culture in performing that role

CSLOs

  • Demonstrate knowledge of both pre-commencement and initiation of litigation procedures and rules.

  • Demonstrate knowledge and location of the appropriate rules and procedures governing litigation pleadings and motions.

  • Outline and demonstrate the various roles a paralegal can take in civil litigation.

Outline

  1. Describe the nature of civil litigation
    1. What civil litigation is
    2. Different types of civil lawsuits
    3. Alternatives to litigation
    4. Procedural v. Substantive Law
    5. Sources of litigation law
  2. Analyze and summarize the role of the courts in the litigation process
    1. The courts and litigation
    2. Federal court system
    3. State court systems
  3. Describe the effect of the Due Process Clause of the U.S. Constitution and the Hague Treaty on the court's jurisdiction over resident and foreign defendants
    1. Acquiring personal jurisdiction of resident defendants
    2. Acquiring personal jurisdiction of foreign defendants
      1. Constitutional due process requirements
      2. Gaining personal jurisdiction via long arm states.
      3. Effect of Hague treaty on foreign defendants
    3. In Rem and Quasi in Rem jurisdiction
    4. Jurisdiction compared to venue
  4. Examine preliminary rules, procedures and practical considerations prior to commencement of litigation and prepare relevant forms
    1. Determine the existence of a Cause of Action
      1. Statutory sources of causes of action
      2. Common law sources of causes of action
      3. Function of secondary sources such as form books
    2. Time limitations
    3. Feasibility of the lawsuit
    4. Accepting or Turning Down a Case
      1. Ethical considerations in accepting a case
      2. Ethical considerations after accepting a case
    5. Interview and investigation prior to litigation
      1. The client interview
      2. Locating fact witnesses or elusive defendants
      3. Techniques for interviewing fact witnesses
    6. Methods for locating and preserving evidence
    7. Expert witnesses
    8. Drafting documents for the pre-filing phase of litigation
      1. Attorney retainer agreements
      2. Government claim forms
      3. Special notice requirements
  5. Evaluate the rules and procedures for initiating litigation and prepare relevant documents
    1. Initial pleadings
    2. Parties to the lawsuit
    3. Pleading Jurisdiction and Venue
    4. Pleading the Claim or Cause of Action
    5. Demand for Relief
    6. Drafting the Complaint
    7. Filing the Complaint
    8. The Summons
    9. Service of the Complaint
    10. Amending the Complaint
    11. Judicial Council Forms
  6. Explain the rules and procedures for response to the initial pleadings and prepare relevant documents
    1. Responding to the Initial Pleading
    2. The answer
    3. Drafting the answer
    4. Counterclaims, cross-claims, and third-party complaints
    5. Legal challenges to the complaint
    6. Failure to answer
  7. Locate and analyze the rules and procedures for motion practice and prepare relevant documents
    1. Motions generally
    2. Preparing, serving, and filing
    3. Court procedures involving motions
    4. Specific motions
    5. Drafting notices, declarations and memoranda of points and authorities
  8. Evaluate the effect of automated litigation support on litigation practice
    1. Word processing
    2. Case management Software
    3. Time and billing software
    4. Electronic filing
    5. Electonic service
    6. Electronic forms
  9. Assess the role of the paralegal in litigation and the influence of age, gender and culture in performing that role
    1. Interviewing parties and witnesses
    2. Attorney support
    3. Drafting documents
    4. Special ethical concerns including issues with unauthorized practice of law, confidentiality, conflict of interest and competency
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