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2022-2023 College Catalog [ARCHIVED CATALOG]

PAR 102 - Civil Litigation Procedures I

3 Credits, 3 Contact Hours
3 lecture periods 0 lab periods

Principles and procedures for commencement of civil litigation. Includes rules of civil procedure, subject matter jurisdiction, venue, statutes of limitations, parties, pleading format, preparation of complaint and answer, counterclaims, crossclaims, and third party practice. Also includes the causes of action, remedies, and potential defenses in contract and tort law.

Prerequisite(s): PAR 101  and WRT 101  or concurrent enrollment.
  button image Prior Learning and link to PLA webpage

Course Learning Outcomes
  1. Describe the sources of law, hierarchy and powers of the courts in the State and Federal systems.
  2. Demonstrate application of the Rules of Civil Procedure.
  3. Analyze factual situations and apply subject matter jurisdiction statutes to the facts to determine the proper courts.
  4. Determine the substantive basis for personal jurisdiction and apply a working knowledge of proper methods of service of process.
  5. Analyze factual situations and apply venue statutes to the facts to determine proper venue.
  6. Demonstrate proper computation of time requirements under rules and statutes.
  7. Describe the procedures required to format and file pleadings.
  8. Analyze plaintiffs’ facts and legal issues to draft a complaint.
  9. Analyze defendants’ facts and legal issues to draft an answer.
  10. Describe and demonstrate the format and purpose of pleadings to commence civil litigation (complaint, answer, cross claim, counterclaim, and third party pleadings).
  11. Describe elements of the cause of action and various defenses for breach of contract.
  12. Describe elements of the cause of action and various defenses for torts.
Outline:
    1. Introduction to Civil Litigation
      1. Sources of law
      2. Hierarchy and powers of State and Federal courts
    2. Rules of Civil Procedure
      1. How to use and cite
      2. Methods to apply rules to facts
    3. Subject Matter Jurisdiction
      1. Federal courts and State courts
      2. Limited/general
      3. Statutory authority for federal question and diversity of citizenship
    4. Personal Jurisdiction
      1. Substantive basis
      2. Procedural rules for service of process
    5. Venue
      1. Federal courts and State courts
      2. Statutory authority for proper venue
    6. Statutes of Limitations and Time Computations
      1. Purpose and time frames for various statutes of limitations
      2. Application of the discovery rule
  2. Method of computing time pursuant to Rules of Civil Procedure
    1. Parties
      1. Proper Joinder
      2. Real party in interest
      3. Capacity to sue or be sued
      4. Substitution of parties
    2. Rules of Court Regarding Pleading Format
      1. Fact pleading/notice pleading
      2. Caption
      3. Margins, civil cover sheets and other local rule requirements
      4. Rule 11 signature
    3. Preparation of Complaint
      1. Purpose and format
      2. Counts
      3. Allegations
      4. Demand/prayer for relief
    4. Preparation of Answer
      1. Purpose and format
      2. Motions to dismiss and rule 12.B defenses
      3. Admissions and denials
      4. Affirmative defenses
    5. Counterclaims, Cross claims, Third Party Practice
      1. Purpose
      2. Format
    6. Contract Law
      1. Elements of a contract
      2. Cause of action for breach
      3. Remedies
      4. Defenses
    7. Tort Law
      1. Causes of action
      2. Remedies
      3. Negligence
      4. Product liability
      5. Medical malpractice