Frederick Community College

LA 220  Evidence & Civil Procedure

 Spring 2009

 

Instructor Information:

Name:   Katherine S. Duyer, Esq.

Classroom:  B220

E-mail:  KDuyer@frederick.edu

Phone Number:  (301) 948-1177

Office Hours: Before or After Class

Office:   Classroom

 

Course Information:

Credits:  3

Last Day to Drop: 1/30/09

Prerequisites: LA100

Co-requisites:  none

Meeting Day: Saturday

This is a hybrid class, however, class will meet on campus most (but not all) Saturdays during the semester.  In addition, there will be assignments posted online each week.  

Meeting Time:  8:30 – 9:45 a.m. 

 

Course Description:

Covers rules governing the admission of evidence at a trial or administrative proceeding.  Considers both federal and Maryland law.  Explores procedural aspects of civil actions. 

 

Core Learning Outcomes:

By the completion of the course, students will:

1.    Apply Federal & Maryland rules of evidence and procedure.

2.    Analyze the theories of litigation.

3.    Identify every step of litigation process.

4.    Compose a plan for litigation for hypothetical situations.

5.    Evaluate methods of obtaining and presenting evidence in litigation.

 

Additional Learning Outcomes:

6.    Understand the purpose of pleadings and motions used in civil litigation.

7.    Correctly use legal terms relating to the civil litigation process.

8.    Analyze and apply the rules relating to jurisdiction and venue.

9.    Identify the purpose of various discovery methods.

10. Examine issues to be addressed before filing suit.

 

Instructional Methods:

Lecture

Discussion

Group Activities

Writing Assignments

Course Materials:

Required textbook:  Civil Litigation for the New Millennium, Kautz and Rowcliffe

 

Blackboard Website: All other resources will be made available on the Blackboard Website.  To access this site, go to http://frederick.blackboard.com/

  • Click the "User Login" button.
  • Enter your username: In the "username" box, type your username, which is your student ID number with the capital letter W in front of it (ex. W1234567). Click the "login" button.
  • Enter your password: In the "password" type the last four digits of your student ID number.
  • Example: If your username is W1234567, type W1234567 in the "username" box and 4567 in the "password" box.

 

Evaluation Methods: 

 

Point Value

Grading Scale

Quizzes

    150 points

    A=  90 – 100 %

Final Exam

    150 points               

    B = 80 - 89 %

Writing Assignments

    100 points

    C = 70 – 79 %

Online Assignments

    150 points

    D = 60 – 69 %

Class Participation

      50 points                   

    F = below 60 %

 

 

 

 

Progress Report:

Students will receive a written assessment of their progress in the course no later than the sixth week of the semester.

 

Attendance/Participation Policy:  

You are expected to attend all on-campus class sessions and complete all assignments by the dates indicated on the syllabus.  To keep up with the course requirements, you must log onto the Blackboard site regularly (at least two or three times per week. Students are expected to attend all class sessions except in cases of serious illness, emergency, religious holidays, or mandatory participation in official College functions.  Make-up work will be allowed for excused absences at the instructor’s discretion. It is the student’s responsibility to obtain all notes, handouts, and other information missed in class due to absence.

 

 

   Academic Honesty:

Work in this course is subject to the provisions of the FCC Code of Academic Honesty. Plagiarism in any form will not be tolerated. As a student, it is your job to practice academic honesty at ALL times.  Make sure that all sources, particularly Internet sources, get proper credit for quotations, paraphrases, and ideas. 

 

 

  Students with Disabilities:

 FCC provides reasonable accommodations to otherwise qualified students with        disabilities in accordance with the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) and amendments.  Students with disabilities who are in need of accommodations must contact the Services for Students with Disabilities (SSD) Office at 301-846-2408 (A Building, Room 106A) in order to request and apply for services.  The SSD office will require appropriate documentation of a disability.  Questions related to accommodations or services can be directed to the SSD office.  Additional information related to services can be viewed at the following FCC web page: http://www.frederick.edu/student services/disability.aspx. 

If you currently receive services from the SSD office, please submit your Student Success Plan to me and make an appointment with me to discuss your accommodations and needs in class.  I will hold any information you share with me in strict confidence unless you give me permission to do otherwise. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Week

Date

Preparation For Class

 

Class Topics

1

 

1/24/09

on campus

Purchase textbook. 

Read pp 1-12 re: introduction.

Complete “Introduce Yourself” assignment online.

Introduction to Civil Litigation;

Adversarial system;

Paralegal’s Role in litigation;

Litigation Roadmap

 

2

 

1/31/09

on campus

Review terms used in Week 1 PowerPoint.

Take Quiz #1 on terms used in Week 1 PowerPoint.

Review Week 2 PowerPoint re: MD court system and subject matter jurisdiction.  

Read pp 43-54 re: the federal court system.

Federal Court system:  Trial and appellate courts;

Maryland Court system:  Trial and appellate courts;

Subject matter Jurisdiction in state and federal courts.

 

 

3

 

 

 

2/7/09

on campus

 

 

Take Quiz #2 on court systems.

Read pp 11-23 and 93-114 re: interviewing and investigation.

Review Week 3 PowerPoint re Interviews and Investigation.

Read Supplemental Reading: The Role of the Litigation Paralegal

Answer Supplemental Reading Questions online.

Witness Interviews;

Interview Plan;  Interview Checklists; Case Investigation;  Goals of investigation. 

 

4

2/14/09

on campus

 

Read online Study Guide re: Evidence Law and Investigations.

Answer Study Questions online.

Online Web Activity re: methods of gathering evidence.

Relationship of Evidence Law to Investigation; Admissibility;  Relevance; Privileges.

Investigation Plan; Methods of Gathering Evidence;  Witness Statements.



5

2/21/09

on campus

Take Quiz # 3 re: evidence online.

Read pp 56-58 re: jurisdiction and venue.

Review online Study Guide re: Jurisdiction and Venue.

Review MD Code excerpts online.

Online assignment to be posted.

Personal Jurisdiction;  State and federal jurisdictional rules;

Venue provisions in federal courts; Venue provisions in MD courts.

 

 

 

6

2/28/09

on campus

Take Quiz #4 online.

Read pp 32-36 re: Limitations and causes of action.

Review

Online assignment to be posted.

MD Statutes of Limitations;

Federal Statutes of Limitations;

Stating a Cause of Action.

 

 

 

                           TOPICAL OUTLINE

This outline is subject to revision at the discretion of the Instructor.

Week

Date

Preparation For Class

 

Class Topics

7

 

 

 

 

3/7/09

(NO class on campus)

 

Complete Writing Assignment 1.

Read pp 59-60 and 83 re: drafting a complaint.

Review Sample Complaints online.

Online assignment to be posted.

Drafting a Complaint;

Filing a Complaint;

State and federal rules re: drafting and filing Complaints.

9

3/21/09

on campus

Take Quiz #6 online re: service of process.

Read pp 167-168, 239-246 re: defenses.

Online assignment to be posted.

 

Responsive Pleadings;

Defenses raised in civil actions; Affirmative Defenses; Cross-Claims and Counter-Claims;

Preliminary Motions

10

3/28/09

on campus

Take Quiz #7 online.

Read pp 65-82 re: discovery.

Online assignment to be posted.

 

Discovery:  Interrogatories, Requests for Production, Depositions, Requests for Admissions;

Paralegal’s role in discovery

11

4/4/09

on campus

Take Quiz # 8 online.

Read pp 161-188 re damages.

Online assignment to be posted.

 

Types of damages recoverable in civil actions; Tracking and proving  damages as plaintiff;  Investigating damages as defendant. 

12

4/18/09

on campus

Complete Writing Assignment 2.

Read pp 301-323 re evidence.

Online assignment to be posted.

 

Tangible Evidence;  Testimonial Evidence; Authentication;  Opinion Evidence; Rules of Evidence;  Hearsay Rule

13

4/25/09

on campus

Read pp 125-140 re: managing documents.

Online assignment to be posted.

 

Managing documents for litigation;  Types of documents used in litigation cases. 

 

14

5/2/09

on campus

Read pp 355-380 re trial preparation.

Online assignment to be posted.

 

Trial preparation; Trial Exhibits; Witness subpoenas; Document summaries; Trial procedures.

 

15

 

 

5/9/09

Study for Final Exam

 

 

 

FINAL EXAM in Testing Center

This outline is subject to revision at the discretion of the Instructor.