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LITIGATION I
TUESDAY EVENINGS – 6:00-8:40
Spring 2008
Room 237 Cavanaugh Hall
A. Kristine Lindley
SKILES DETRUDE
150 East Market St.
Suite 200
Indianapolis, IN 46204
OFFICE: 317-321-2432
FAX: 317-321-2414
Email: [email protected]
Course Introduction: This is a course on the civil litigation procedure followed by Indiana state courts. As such,
we will study the Indiana Rules of Trial Procedure and the litigation process to which the rules relate. To a
limited extent we will also study the Federal Rules of Civil Procedure. This is not a course on criminal
procedure, appellate procedure, alternative dispute resolution or the Indiana Rules of Evidence. It is my
hope that students who complete this course will have a working knowledge of the civil litigation process,
and be able to analyze and apply the rules of civil procedure to a variety of factual scenarios likely to arise
in civil litigation matters.
Preparation for Class: Those students who benefit most from this course are those who come to class prepared.
Each week there are assigned Trial Rules and textual material to review. These materials are the starting
point for each week's class, and accordingly, should be reviewed before you come to class.
Grading: Grades will be based on two non-cumulative tests, a significant research memo and two writing
assignments. The weight given to each of these areas and the class schedule are detailed below. The
writing assignments are based upon a factual summary that will be given to you, and will involve drafting a
complaint and an answer and affirmative defenses. The research memo, which is a relatively new class
requirement, will be based on a fact pattern and pleadings that will be given to you. You will be required to
research the case law cited in the pleadings and prepare a research memo outlining the basis for your
client’s response, including citation to appropriate cases and factual materials.
PLEASE BE AWARE THAT IT IS IMPORTANT THAT YOU TURN IN ASSIGNMENTS ON
TIME. YOUR GRADE FOR THE ASSIGNMENT WILL BE LOWERED ONE-HALF LETTER
GRADE FOR EACH DAY THE ASSIGNMENT IS PAST DUE. This policy provides you a twentyfour hour grace period. That is, as long as your assignment is in my hands within the twenty-four hour
period following the start time of the class in which the assignment is due, you will suffer no consequences.
Please be aware that failing to turn in assignments on time, or failing to turn them in at all, has a significant
impact on the final grade.
I will accept assignments handed in at class, or by fax, e-mail, or personal delivery at my office. It is the
responsibility of the student to make certain that assignments handed in by fax or e-mail are received and
(in the case of e-mail) in a computer format that can be opened. Word is the preferred computer program.
If assignments are submitted via e-mail, I will send a reply e-mail when the assignment has been received
and opened.
Final grades will be assigned based on the total number of points obtained out of a possible 375.
Assignments and tests passed back in class will have a letter grade associated with them. Those letter
grades are meant as a guide to indicate how the student performed vis-à-vis the other students in the class
on that assignment or test. However, for purposes of calculating the final grade, it is the number of points
obtained that will be recorded. At the end of the class, all the points obtained will be added, and grades
assigned based on those point totals.
Some Points About the Tests:
1.
As already pointed out, the tests are non-cumulative. Each test covers approximately six weeks of the
semester.
2.
You may make up a test only if you missed it for a serious illness or death (your own) and you notified me
as soon as possible after becoming aware that you could not take it at the scheduled time.
3.
You will have the full class period for each test, and the tests are designed so that a well-prepared student
can finish with time to review answers.
4.
Each test will consist of true-false, short answer and essay questions. Most often you will have to solve a
problem, analyze an argument, etc., in order to determine the answer.
5.
You may use your Trial Rules book for the exams. No other notes, handouts, books or other materials may
be used during the exam. A word of precaution, however: You must be able to apply the material to do
well on the exams. Having the book available for the tests will not alone assure you of doing well on the
exams.
Some Points about Written Assignments:
1.
Written assignments are to be double-spaced in at least 12-point type and with 1-inch margins.
2.
Please staple assignments. No paper clips.
3.
Proper grammar, spelling, and punctuation are required. The rules of English spelling, punctuation and
grammar do not cease to exist because you are writing a legal document.
4.
Please paginate all written assignments.
Some Points about Class Attendance:
1.
Points are not given for class attendance, and are not deducted for absences. However, a failure to attend
will affect your grade in that if you skip classes, you are very likely to do poorly on the tests. The lectures
are the "bread-and-butter" of the course. There is a lot of material to cover in a semester, and students who
miss a class will often find themselves behind the next week. In addition, in civil procedure many of the
rules and concepts build on other rules and concepts learned previously, and students who lack a good
grasp of what has gone before will be that much more confused.
In addition, if you come to class prepared with questions you may have, you will find the material much
easier to handle, and the class discussions much more exciting. I cannot emphasize enough how much
better students who attend regularly tend to do over students who do not.
2.
I do not repeat my lectures for students who miss class, nor do I give out my notes. So if you intend to miss
a class be sure you have a classmate willing to loan you his or her notes.
3.
If it is necessary for me to postpone or cancel a class, you will be advised in advance so as not to make a
wasted trip.
Plagiarism and Cheating:
Plagiarism and cheating are wrong and will not be tolerated. Please see Part 3 of the Student Code of
Rights, Responsibilities and Conduct.
Questions:
I am available by phone, e-mail or appointment at any time to answer any questions you may have
regarding either the course requirements or the material. The ultimate responsibility for reviewing the
syllabus and fulfilling the course requirements is yours alone. However, if you need assistance or have
questions at any time, please let me know.
TEXT:
Fundamentals of Litigation for Paralegals (5th ed.); Mauet and
Maerowitz
Indiana Rules of Court—State (2008)
COURSE GRADING
MID-TERM EXAMINATION . . . . . . . . 33%
FINAL EXAMINATION. . . . . . . . . . 33%
ASSIGNMENTS . . . . . . . . . . . . 34%
Assigned
Chapters
Assigned
Rules
Date
Discussion Topic
01/8/08
Intro. to Litigation
01/15/08
Commencing action;
Service of Process;
4(94-95;100-118);
5(140-147);
6(202-207)
01/22/08
Joinder; pleadings;
Defenses;
4 (96-99);
8, 9, 12, 13,
5 (124-140; 147-187)14, 15, 22, 42,
and 7(210-212;220-223)55
01/29/08
Joinder; Pleadings;
Defenses continued;
02/05/08
Jurisdiction and Service-Case Studies; 1st
Assignment Distributed
02/12/08
Investigation and
Informal Evidence
Gathering; Test Review;
1
2; 3(75-90)
4.1, 4.4, 5,6,
75, 76
Research Paper Assignment Distributed
02/19/08
MID-TERM EXAMINATION
1st Assignment Due
02/26/08
Discovery;
03/04/08
Depositions; Discovery
10
Case Studies;
Second Assignment Distributed
03/11/08
NO CLASS-SPRING BREAK
03/18/08
Summary Judgment; Trial
Preparation; Juries;
Second Assignment Due
03/25/08
Summary Judgment; Trial
Preparation; Juries
(con’t);
04/01/08
10
26,33,34
35,36,37
30
7 (212-217);
12 (384-404)
16,45,47,51,56
Evidence, Experts;
9
43
04/08/08
Trial; Post-Trial
Motions; Judgments
Research Paper
Assignment Due
7 (217-220)
12 (404-415)
13
41, 43, 46
50, 53, 69
04/15/08
Settlements; Alternative 11, 14
Dispute Resolution; Test
Review
04/22/08
FINAL EXAMINATION
1/--страниц
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