National Paralegal College

717 East Maryland Avenue

Phoenix, AZ 85014-1561
Tel: 800 - 371 - 6105
Fax: 866-347-2744
e-mail: [email protected]
Website: http://nationalparalegal.edu

Legal Research, Writing and Civil Litigation

PLG-108-2109

Syllabus and Course Guide

The NPC Legal Research, Writing, and Civil Litigation course meets 15 times over the course of
the 8-week term in the NPC Interactive classroom. Each session consists of about 60 minutes of
online lecture by the course instructor. After the lecture, students may ask questions and make
comments on the material being studied.

Classes for this course occur on Mondays and Wednesdays at 9:00 PM Eastern time, in
accordance with the lecture schedule on this syllabus. The first class is on Wednesday, September
8, 2021.

All class sessions are recorded and may be viewed by students at any time.

To successfully complete the course, each student must satisfactorily complete:

- 5 written assignments
- 3 examinations

Unless an extension has been taken pursuant to the NPC Extensions Policy (see the end of this
syllabus), all assignments and exams must be submitted by the course deadline which appears
later in this syllabus. No extensions may be taken or granted unless the student has submitted one
or more assignments or exams in advance of the original deadline. In addition, extensions are
subject to grade penalties and are limited to no more than 30 days from the date of the original
deadline.

Please note that students are strongly encouraged to do their work as the course progresses rather
than waiting for the days or weeks before the deadline to do all of their work. It is also critically
important that students realize that:

1. A grade of “Incomplete” is the same as an “F” and is a failing grade.

2. A grade of “Incomplete” will result in a reduction in the student’s grade point
average.
3. Student may have to pay to re-take or replace a course for which a grade of
Incomplete is assigned.

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 1
 4. Two consecutive Incompletes may subject the student to dismissal from the college
under NPC’s chronic incomplete policy.
5. Students with a GPA of under 2.0 are not eligible to receive federal financial aid and
cannot graduate until their GPA is at or above 2.0.

If a student is having trouble completing the course, the student is strongly

encouraged to contact his or her student mentor or teacher as early as possible.

Please note also that:

- A student who receives an incomplete on his or her first course may be dismissed from
NPC.
- A student who fails to complete at least one weekly interaction during the first 14 days of
the course will automatically be withdrawn from the course per NPC policy. The student
may re-join the class by prompt notification to NPC and by prompt completion of an
interaction shortly thereafter.

INSTRUCTORS:

Lecturer: DeDe Sandler ([email protected])

Grader: Brett Bauman ([email protected])

COURSE DESCRIPTION:

This course is among the most important courses a paralegal student can take, simply because it
is in the area of litigation that attorneys rely most heavily on their paralegals. This course will
provide students with a comprehensive understanding of the major aspects of civil litigation,
from both the plaintiff’s and defendant's perspectives. The course will focus on a variety of
subjects aimed at teaching the student how to manage a case from beginning to end. The
subjects covered in the course will include determining jurisdiction and venue; initiating and
commencing a lawsuit; client counseling; investigation techniques and the discovery process; the
drafting of summons and complaints, motions, briefs and pleadings; settlement techniques; the
trial itself; pre- and post-trial activities and the appeals process.
This course will also offer an intensive but simplified introduction to U.S. legal systems and
methodologies, basic principles of stare decisis and precedent, the nature of legal education, and
sources of law. Topics include: the judicial structure, including both federal and state; statutes,
regulations, common law and constitutional law; synthesizing sources of law; the judicial
process and the doctrine of stare decisis; overruling precedent, holding, rationale, and dictum.

The key component of the paralegal’s role in civil litigation is drafting documents. Therefore,
this course will also focus on training our students to do competent legal research and develop
their ability to draft legal documents. Students will learn to identify and use a variety of research
tools, including both the online collection provided by LexisNexis® as well as traditional book-
based methods of legal research. A portion of the course will focus on the various types and

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 2
form books of reference books, proper case citation, cite checking and the proper method of case
reporting, Shepardizing®, methods of compiling legislative histories and administrative legal
research.

COURSE OBJECTIVES:

At the completion of this course, the student should be able to:

- Conduct online research to find primary and secondary sources of legal authority.
- Cite legal sources appropriately.
- Distinguish between binding and non-binding authority.
- “Shepardize” to determine if case law is valid.
- Edit and revise a persuasive legal memorandum.
- Draft legal memoranda and research memos.
- Apply and describe the rules of venue.
- Determine whether a class action certification is appropriate based on a given fact pattern.
- Demonstrate how case precedent and stare decisis influence case holdings.
- Evaluate whether a court has subject matter jurisdiction in both federal and state courts.
- Differentiate between personal jurisdiction, in-rem jurisdiction, and quasi-in-rem jurisdiction.
- Apply the Erie doctrine in a variety of scenarios.

MINDEDGE ENGLISH COURSE REQUIREMENT

NPC is happy to provide its students with access to the Mindedge English, Writing and
Reasoning resource.

All NPC students are required to take advantage of this resource at least once. If you have not
viewed this lesson series as part of another course, you must do so as part of this course.

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 3
To sign up (which is free for NPC students), please use this link:

http://nationalparalegal.mindedgeonline.com/pip.php?c=1089.

Put in your names and email address to sign up. You should receive an email with directions to
set up a password.

You can exit and enter the lesson at any time. To come back and pick up where you left off, use
the standard login page:

https://nationalparalegal.mindedgeonline.com/login.php

You should then have the option to resume the course which will send you to the position you
were when you last signed off.

Students are expected to complete this course if they have not already done so. If you have
already taken the course are part of a different NPC course, state in the applicable assignments
on the assignments page, so that it can be noted. Please state for which course you completed this
resource.

As an incentive to complete this resource, we are offering the following extra credit opportunity:

- 10 extra raw points, if you complete 80% or more of the resource

- 20 extra raw points, if you complete 90% or more of the resource
- 30 extra raw points, if you complete 100% of the resource

Please note that extra credit will only be given for the first course you complete Mindedge in.
Students who have not completed at least 60% of the course will not be issued a passing grade
for this NPC course until they do.

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 4
READING ASSIGNMENTS:

All reading assignments refer to the NPC courseware, including the interactions attached to each
subchapter. Cases and/or statutes that are specifically mentioned in the syllabus are required
reading. The texts of these cases and/or statutes may be accessed directly from the courseware.
In addition to the assigned courseware and cases, students should familiarize themselves with the
various legal documents listed for each lecture. These documents can be found on the
“Documents and Slides” page on the NPC student website. Some, but not all, of these documents
will be discussed in class. Reading assignments for each class should be completed prior to the
class.

RECOMMENDED READING:

It is highly recommended that student obtain copies of the following reference books:

1) William H. Putnam, Pocket Guide to Legal Research

http://www.amazon.com/Pocket-Guide-Research-William-Putman/dp/1418053767/

2) William H. Putnam, Pocket Guide to Legal Writing

http://www.amazon.com/Pocket-Guide-Legal-Writing/dp/1401865976/

The links to Amazon.com above are for your convenience only. You can get these books from
virtually any source at which legal and legal education books are sold. This syllabus references
readings from these books, which should be treated as optional, but encouraged, reading. These
books should also be kept throughout your National Paralegal College career (and perhaps for
your work career as well) as handy references regarding legal citation, legal research and legal
writing rules and principles.

In addition to the courseware’s electronic form, you may also order a book version of the
courseware that includes:

1) The courseware
2) All lectures slides

You may order this book at: www.freewebstore.org/npc-courseware-books

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 5
School Virtual Library

All NPC students are encouraged to take advantage of the NPC virtual library, which can be
accessed from the “course materials” page on the student menu or directly through this link:
http://nationalparalegal.edu/Students/VirtualLibrary.aspx.

The NPC virtual library gives students access to Lexis Advance, which is one of the premier
online legal databases in the world. It is expected that most legal research can and should be
done through Lexis Advance. Online tutorials in the use of Lexis Advance are available on the
lower right portion of the default login screen for Lexis Advance.

NPC also subscribes to the Library Information Resources Network (LIRN), which allows our
students access to scores of databases containing hundreds of thousands of academic articles and
publications. For research that is not legal in nature (for example, for business and general
education courses), it is anticipated that students will use LIRN to access reliable academic
sources for research papers. Online training in the use of LIRN resources is available here:
Library Information Resources Network.

NPC students also have access to Computer Assisted Legal Instruction (CALI) lessons. Unless
assigned in the course syllabus, these are optional, but can be very helpful.

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 6
WRITTEN ASSIGNMENTS:

At the outset of the course, five assignments will be posted on the “Assignments and Exams”
page. The five assignments will cumulatively count for 40% of the student’s grade for the course.

Please compose your answers to assignments on your own computer, remembering to save your
work frequently. Once your assignment is complete, please submit by uploading it pursuant to
the directions on the “Assignments and Exams” page within the NPC student site. Assignments
may be submitted as PDF files, Microsoft Word documents, Open Office documents or
PowerPoint presentations.

Each submitted assignment will be graded on the following scale:

4 - Excellent
3 - Good
2 – Satisfactory
1 – Poor
0 – Not acceptable (must resubmit)
(Half-points may also be awarded in assignment grading.)

Please see the “Assignment Grading Rubric” (the next page of this syllabus) for more detailed
information about how assignments are graded and the key elements of assignments that
instructors look for when grading assignments.

In addition to a grade, students will receive written feedback from the instructor on their
assignments, where appropriate.

For more information on assignments, please see the NPC Student Handbook.

To the extent possible, it is recommended that students complete the assignments as the course
proceeds rather than waiting until after the course ends.

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 7
 Assignment Grading Rubric

Factor 4 (Excellent) 3 (Good) 2 (Satisfactory) 1 (Poor) 0 (no credit)

Thoroughness Answers all questions Answers all Answers most of the Does not answer Makes little or no
in the exercise questions in the questions in the many of the reasonable effort to
completely and in the exercise but not exercise but not questions in the answer the questions
appropriate order. completely and/or completely and/or exercise but does posed in the
not in the not in the make some assignment.
appropriate order. appropriate order. reasonable effort to
do so.
Demonstrates Response Response Response Response Response demonstrates
Understanding demonstrates a demonstrates an demonstrates some demonstrates some a very poor
of the Assignment thorough understanding of the understanding of the understanding of the understanding of the
and has come to an understanding of the exercise and comes exercise. The exercise but shows a subject matter
appropriate exercise and the to a conclusion. conclusion that the high level of presented by the
conclusion student has justified student comes to confusion on the part assignment.
and enunciated an may not be of the student. The
appropriate appropriately student’s conclusion,
conclusion. justified by the rest if any, is not
of the essay. supported by the rest
of the essay.
Documentation/ Student has cited at Student has cited Student has cited Student has cited Student has not cited
Legal research (note: least two excellent one excellent source appropriate sources poor or any legal authorities or
For assignments, sources and has or two or more but has missed the inappropriate has cited authorities
sources should be applied them good sources but best available OR authorities or has that are irrelevant.
those obtained appropriately. has missed at least student has cited failed to establish the
through legal Appropriate sources one excellent source. good sources but relevance of the
research; for exam are documented and Sources are has done a poor job sources that he or
essays, legal well cited and well integrated well in the of integrating them. she has cited.
principles learned in integrated. assignment.
class or the
courseware is
sufficient.)
Organization Essay is organized Essay is well Essay shows some Essay is poorly Student’s essay is in
very well; the reader organized. The essay level of organization, organized and is very chaos. There is no
can clearly is coherent, though but is difficult to difficult to follow. The reasonable attempt to
understand where may not flow freely. follow. The essay is student did not organize the essay
the essay is going at Different not as focused as it appropriately coherently.
all points and a components of the should be. Essay may separate thoughts
cohesive easy-to- essay are broken up go back and forth and did not properly
follow argument is appropriately. between points organize the essay.
made in the essay. without using new
Separate paragraphs paragraphs.
are used for separate
ideas.
Critical Thinking and Shows excellent Shows good critical Shows adequate Shows minimal Shows no effort at
Analysis critical thinking and thinking and analysis. critical thinking and critical thinking and critical thinking or
analysis. The student The student’s points analysis. The analysis. The student’s analysis. The student’s
is able to apply the are well argued and student’s points are arguments are weak points make no sense.
cited law to the facts well supported. supported by logic, and unconvincing.
of the given case in a but are not
clear and convincing exceptionally
manner. convincing.

Credit may also be taken off for poor spelling or grammar.

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 8
EXAMINATIONS:

Examinations will be posted on the NPC website when indicated on the syllabus of the course.
The examinations consist entirely of “short essay” questions. The 3 examinations will
cumulatively count for 60% of the student’s course grade.

Examinations are non-cumulative; they cover only the material that has been covered since the
previous examination. The instructor will provide specific information regarding the content of
each examination as the examination time approaches.

All examinations are timed. A student may begin the examination any time after it is posted to
the NPC website. Once begun, the examination must be completed within 4 hours.

Examinations will be graded on a conventional 0-100 scale. The number of points each question
is worth is equal to 100 divided by the number of questions on the examination.

For each examination question, full credit will be awarded if the student:

1) Correctly identifies the legal issue(s) presented by the question

2) Applies the correct law to the legal issue(s) presented (note: full credit may also be
awarded if the student’s answer comes to an “incorrect” conclusion if the student
bases his or her analysis on correct law and supports his or her position in a
convincing manner)
3) Presents his or her answer in a clear and understandable manner

The amount of partial credit to be awarded, if any, for an answer that is not complete and correct
is at the discretion of the instructor. Instructors are instructed to award partial credit that is
proportional to the level of knowledge and legal skill displayed by the student in answering the
question.

Please note that, even if not directly stated in the question, you must give reasons for your
answers to open ended questions. One word answers such as “yes” or “no” or answers that
merely restate the question without explaining the answer given will not be credited.

The following factors are generally NOT taken into account in grading examinations:

Legal research; Although research is a key component of assignments, examinations are

graded on the student’s knowledge of the legal concepts taught and do not require
independent research.

Grammar and spelling (unless they impact the ability of the graded to understand the
student’s answer); Although these are essential skills for a paralegal, examinations test
legal knowledge and ability to apply the skills learned, not necessarily the ability to write
professional legal memoranda (assignments test this skill). In addition, because exams are
taken under time constraints, we would rather see the students spend their time spotting

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 9
 legal issues and applying applicable law than on proofreading answers for typos and
grammar mistakes.

For more information on examinations, please see the NPC Student Handbook.

To the extent possible, it is recommended that students complete the exams as the course
proceeds rather than waiting until after the course ends.

Early Assignment Submission Incentive Policy

NPC encourages students to submit their assignments as early as possible. In order to facilitate
early submissions, students are advised that in exchange for submitting assignments in the first
six weeks of the course, they will be awarded the opportunity to re-do or fix up an assignment
after it is graded in order to increase the grade.

The following limitations apply:

1. When resubmitting an assignment, a student will only be able to increase his or her
grade to a maximum of 3 or by one full point, whichever is greater. For example, if a
student submits an assignment within the first six weeks of the course and receives a
1.5 or a 2.0, the student may make corrections suggested by the instructor and can
potentially raise the grade to a maximum of 3. A student who initially receives a grade
of 2.5 may raise the grade as high as 3.5 with a resubmission.

2. A student may exercise this option up to two (2) times per course.

3. Students are not guaranteed the maximum increase if their corrections do not merit
such a change. The grader has the discretion to award a smaller or no increase if the
student does not follow the grader's feedback.

To resubmit an assignment under this policy, please contact the course grader.

The early assignment submission deadline is Sunday, October 24, 2021 at

11:59 PM EASTERN TIME; that’s EASTERN time. That means 8:59 PM
Pacific time, 9:59 PM Mountain time, 10:59 PM Central time, etc.

NPC STUDENT MENTOR

Each NPC student is assigned a student mentor upon enrollment. Your student mentor is a
resource that can and should be drawn on if you need academic assistance. This includes advice
on studying, help with assignments, general academic questions, etc. You should have received
an email from your student mentor upon enrollment. If you have not received such an email or
do not know who your student mentor is, please contact Anne Lewis at
[email protected].

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 10
NPC PLAGIARISM POLICY

All work done by NPC students on assignments, examinations and research projects is expected
to be their own work. Quoting other sources as part of analyzing a subject is desirable and
necessary in many cases. However, when other sources are quoted or used, they must be
properly attributed to the original sources. This applies to direct quotes of sources and to
paraphrasing other sources or using ideas obtained from other sources even if the exact text it not
used.

Plagiarism means using the materials of others without appropriately citing the source and is an
academic offense.

Under the NPC plagiarism policy, a student may not, as part of any assignment or exam
submission:

1) Quote any text from any other source without:

a) putting quotation marks around the quoted material;

AND
b) appropriately citing the source of the quote.

2) Pass off the work of another as his or her own, even if the student does not directly
quote from the other source.

Please note that the NPC plagiarism policy does not mean that you cannot quote language from
the courseware, textbook or slides as part of an answer to a question on an exam. These are
resources that are meant to be used on an exam when applied in an appropriate manner.
However, quoting any source without attribution is plagiarism.

In addition, NPC students may not share their completed work, answer keys, or sample answers
which they have obtained by any method with any other student. Students may NOT upload any
sample answer (whether written by themselves or any other person) to any publicly available
website or database. Any student who uploads a sample assignment or exam answer to a
publicly available website or database shall be disciplined in a manner to be determined by
the school Dean, up to and including expulsion from the college.

For more information regarding the NPC Plagiarism Policy, penalties and due process rights
where plagiarism is alleged, please see the NPC Plagiarism Policy at:

http://nationalparalegal.edu/pages/PlagiarismPolicy.pdf

NPC COURSE MESSAGE BOARDS

All students are encouraged to post and participate in course message board discussions. The
message boards are an excellent way to "meet" and communicate with other students and the

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 11
instructors, graders and mentors. To find the course message boards, click on message boards
and scroll to the bottom.

WEEKLY INTERACTION REQUIREMENT

To ensure that all students are involved and participating in the course as the course moves
forward, each student enrolled in this course must, at least once during each week, either:

1) Attend a live lecture and take and pass a short quiz given during class (where applicable)
OR
2) Submit at least one assignment
OR
3) Take at least one examination
OR
4) Answer a weekly “interaction” question or questions that will be posted on the
“Assignments and Exams” page.

The weekly “interaction” question(s) will be straightforward and will cover material covered in
class each week. Answers to these questions should be short (typically 1-3 sentences) and to the
point.

The student’s response (which is necessary only if the student does not attend a live lecture or
take an exam or submit an assignment in the given week) will be graded on a pass/fail basis. The
interaction questions will be posted no later than Monday of each week and must be answered on
or before the following Sunday.

Any student who does not fulfill this requirement during a given week may receive a reduction in
his or her over-all grade of 2 percentage points (10 raw points).

Please also note that a student who does not fulfill an interaction during the first two weeks of a
course will be automatically withdrawn from that course, as it will be assumed that the student
who does not interact during the first two weeks has no intention of attending the course. The
student may re-join the class by prompt notification to NPC and by prompt completion of an
interaction shortly thereafter.

If an emergency prevents attendance in this period, please email Academic Support

([email protected]) as soon as possible.

Fulfilling the weekly interaction requirement is particularly important for students receiving
financial aid. Federal regulations require the school to withdraw students from financial aid
who go 14 consecutive days without fulfilling an interaction requirement and to return any
outstanding financial aid money to the government unless the student interacts with the school
prior to the time that the withdrawal is completed. If you are unable to fulfill a weekly
interaction requirement, it is critical that you stay in contact with the school so that other
arrangements can be made.

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 12
COURSE GRADES

The following formula will be used to calculate final grades

Cumulative exam scores + (assignment points x 10) = raw score

Because exams are worth up to 100 points and assignments up to 4 points each, the maximum
raw score is 500. 10 raw points (2% of the raw point total) may be deducted for each missed
weekly interaction.
Extra credit may be available for certain in class activities, high class participation and high
message board participation, as may be announced by the instructor. Penalties for missed weekly
interactions and/or for extensions are applied at the discretion of the instructor and/or the
administration of NPC.

The following conversion chart is then applied based on the total raw points you have earned:
>474 = A+
445-474 = A
420-444 = A-
395-419 = B+
365-394 = B
340-364 = B-
315-339 = C+
285-314 = C
260-284 = C-
230-259 = D
<230 = F

OPTIONAL STUDY SESSIONS

In addition to the 15 classes listed below, instructors and/or graders will run 1 or 2 additional
study sessions to discuss assignments and/or the course materials. Attendance at and
participation in these sessions is optional and they will be recorded for those who cannot make it
to the live sessions.

Please keep an eye on the course message boards for details as to when these will be held.

All examinations and assignments are due no later than Sunday, December 5,
2021 at 11:59 PM EASTERN TIME. That means 8:59 PM Pacific time, 9:59
PM Mountain time, 10:59 PM Central time, etc.

Please see the end of this syllabus for a note on NPC course extensions policy!

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 13
 Lecture and reading assignments schedule

Class 1 Thursday, September 9, 2021

We will begin this course with a background discussion of the U.S. legal system and the structure
of our judiciary. We will look at the various sources of law that exist under the American system
and analyze the differences between primary and secondary sources of law. Finally, we will
discuss the concept of case law and discuss how to tell when it is appropriate to cite a particular
case.

Courseware Reading:

Chapter 1: United States Legal System– Judicial Structure

A. Introduction to Separation of Powers

B. Federalism and the Difference between Federal and State Judicial Systems

C. Sources of Law

D. Case Law

Cases and Statutes:

United States Constitution, Article III

The best way to start gaining an understanding of the manner in which the U.S. judicial system
works is by going straight to the source: Article III. In that Article, the structure of the federal
court system is established. When reading this article, notice how only the Supreme Court is
mandated by the Constitution. Also, pay close attention to the bases for federal court
jurisdiction. That language will be critical later in the course.

In re: United States

This is a very recent case with a strange fact pattern that deals with a fascinating issue. Normally,
of course, it is the prosecutor that argues for the pressing of criminal charges and the judge
decides if criminal charges are appropriate. Here, we have sort of a role reversal. The prosecutor
wanted to drop a charge that the judge refused to drop! The judge even went so far as to appoint
a private lawyer to prosecute the case. This case is a very important read because it brings into
focus the separation of powers as it applies to the functioning of the criminal justice system.

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 14
Class 2 Monday, September 13, 2021

We will devote this class discussion to issues of legal citation and cite checking. We will discuss
the different sources from which a person can access the complex body of information known as
“the law.” We will learn how to cite check and how to “Shepardize” and discuss why those things
are important. We will also discuss the types of sources that should be sought as primary or
mandatory authority and the types of sources that are secondary authority.

Courseware Reading:

Chapter 2: Legal Research

A. Introduction to Legal Research

B. Legal Research Sources

C. Legal Citation

D. Briefs, Legal Memoranda and Legal Writing

E. Cite Checking

Legal citations: https://www.law.cornell.edu/citation/

Assignment 1 can be completed at this point.

NOTE: THERE WILL BE NO CLASS WEDNESDAY, SEPTEMBER 15 AND MONDAY,
SEPTEMBER 20

Class 3 Wednesday, September 22, 2021

In this class, we will take a virtual trip to a “law library.” We will look at and discuss the various
types of law volumes you would find at the law library. We will also discuss legal research using
the physical digests. Although most legal research is done online today, it helps to know how to
use law libraries for research as well.

Courseware Reading:

NONE

If you have a copy of Pocket Guide to Legal Research referenced earlier in this syllabus, it is
recommended that you read through as much of Chapters 1 through 5 as you can of that book. If
you cannot complete this reading, then browse it and come back to read it more thoroughly when
you can.

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 15
Class 4 Wednesday, September 22, 2021 at 10:00 PM Eastern, following Class 3

In this class, we will begin a legal memorandum walkthrough. We will discuss research on Lexis
and the Lexis system in general. Then, we will look at a legal research project (comparable to an
assignment) and simulate the legal research component of completing that assignment. We will
also organize our “assignment” in preparation for actually writing the assignment in our next
class.

Courseware Reading:

NONE

If you have a copy of Pocket Guide to Legal Research referenced earlier in this syllabus, it is
recommended that you read through as much of Chapters 5 through 9 as you can of that book. If
you cannot complete this reading, then browse it and come back to read it more thoroughly when
you can.

Chapter 10 of this book should be used as a reference for citing various types of primary and
secondary authority.

Assignment 2 can be completed at this point.

NOTE: THERE WILL BE NO CLASS MONDAY, SEPTEMBER 27 AND WEDNESDAY,
SEPTEMBER 29
REMINDER: Be sure to interact the week of Monday, September 27, by submitting and
assignment or answering the weekly interaction question.

Class 5 Monday, October 4, 2021

We will devote this class to discussing principles of legal writing. We will discuss how a
memorandum of law should look and we will go through the “do”s and “don’t”s of legal writing.
We will look at various important legal writing strategies, including the usage of strong
transitional words, avoidance of legalese, etc.

Courseware Reading:

NONE

If you have a copy of Pocket Guide to Legal Writing referenced earlier in this syllabus, it is
recommended that you read through as much of Chapters 1 through 4 as you can of that book. If
you cannot complete this reading, then browse it and come back to read it more thoroughly when
you can.

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 16
Class 6 Monday, October 4, 2021 at 10:00 PM Eastern, following Class 5

In this class, we will continue our assignment walkthrough from class 4. We will take our
research and organization from class 4 and use it to draft a legal memorandum from scratch.
Special attention will be paid to drafting statements of fact, properly framing the legal issue,
properly citing and quoting legal authority, stating the rule of law, applying the rules to the facts
at hands and drafting an appropriate conclusion.

Courseware Reading:

None required; however, it is recommended that you read the Courseware reading for Class 7
(Jurisdiction), so you will have a basic understanding of jurisdiction when we go through the
assignment. You may want to have a look at Assignment 4 as well. You will be able to begin
working on the assignment after this class; you will be able to complete it after Class 7.

If you have a copy of Pocket Guide to Legal Writing referenced earlier in this syllabus, it is
recommended that you read through as much of Chapters 7 through 10 as you can of that book.
If you cannot complete this reading, then browse it and come back to read it more thoroughly
when you can.

Assignment 3 can be completed at this point.

Examination # 1 will be posted at this point.

Class 7 Wednesday, October 6, 2021

In this class, we will begin the Civil Litigation component of our course. We will start that study
with a discussion of jurisdiction. That is, we will discuss when a court has the power and
authority to decide a case. First, we will focus on the question of jurisdiction over the parties or
things. We will look at when a court may exercise jurisdiction over the parties and/or property
involved in a civil action. Then, we will look at subject matter jurisdiction; or when the court
has the authority to determine the legal questions brought before it.

Courseware Reading:

Chapter 3: Jurisdiction
A. Introduction: Jurisdiction over the Parties or Things
B. Personal Jurisdiction
C. In Rem and Quasi In Rem Jurisdiction
D. Subject Matter Jurisdiction
E. Subject Matter Jurisdiction - Supplemental Jurisdiction

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 17
Cases and Statutes:

International Shoe Co. v. Washington

This is probably the leading case in terms of the analysis of what constitutes “due process” in
holding citizens of one state to the jurisdiction of the courts of another state. This case set forth
the famous “minimum contacts + fairness” formula for determining whether it is constitutional to
hold a person to the jurisdiction of a foreign state. When discussing later cases such as Burger
King and Asahi, remember that all those cases fundamentally stem from International Shoe.

28 U.S.C. § 1331
This is the “federal question jurisdiction” provision for federal courts in the U.S. Code. It is short
and to the point, but it must be read as a starting point for any discussion about federal question
jurisdiction in federal courts.

28 U.S.C. § 1332
This is the “diversity jurisdiction” provision for federal courts in the U.S. Code. It describes
when and under what circumstances a lawsuit can be brought in federal court simply because the
litigants are from different states. Although there are many other provisions relating to federal
court jurisdiction, this provision, along with 1331, is the most often used and therefore the most
important to read.

Suggested Videos:

https://lawshelf.com/videos/entry/subject-matter-jurisdiction-over-a-civil-action-federal-
question-jurisdiction

https://lawshelf.com/videos/entry/subject-matter-jurisdiction-over-a-civil-action-diversity-
jurisdiction

Assignment 4 can be completed at this point.

Class 8 Monday, October 11, 2021

First in this class, we will look at the issue of proper venue, i.e., how to choose in which court a
civil case should proceed if more than one court has jurisdiction over the subject matter and
persons involved in the case. Next, we will turn our focus to the issue of choice of law.
Sometimes more than one set of laws appear to be applicable to a case and the judge has to make
a determination as to whether to apply federal or state law or must determine which state
supplies the laws that should govern a case. We will touch on the famous Erie doctrine, in which
the Supreme Court ruled that state law should be applied in federal court in some circumstances.
In addition to the federal/state law dichotomy, we will also discuss the procedure for determining
which state’s law to apply in the event that parties or events in more than one state are involved
in the litigation.

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 18
Courseware Reading:

Chapter 4: Venue, the Erie Doctrine and Choice of Law

A. Venue- Introduction
B. Venue- State actions
C. Venue- Federal actions
D. Venue- Forum non conveniens
E. Erie Doctrine and Choice of Law- Introduction
F. History of the Erie Doctrine
G. Choice of Law

Cases and Statutes:

28 U.S.C. § 1391
This statute sets forth the rules for the proper venues for federal cases. Although venue rules vary
from state to state, reading this statute will help give you an idea about how venue rules work.
When reading the statute, think of the policy considerations that go into these rules and where it
is fair to expect a person to bring or defend against a lawsuit.

Erie Railroad Co. v. Tompkins

This case, of course, gave rise to the famous Erie doctrine that provides that, in certain
circumstances, state case law should be applied in federal court. The policy reasons for this rule
and its limits make this doctrine an area of study unto itself. For our purposes, it will suffice to
discuss the policy considerations that led to the decision and whether Erie and its progeny really
do a good job at alleviating those concerns.

Suggested Videos:

https://lawshelf.com/videos/entry/determining-proper-venue-in-civil-actions

Class 9 Wednesday, October 13, 2021

We will focus in this class on the opening stages of a civil case; i.e., the first steps in “pre-trial
practice.” We will start by looking at the “pleadings,” i.e., the documents that open the civil
action: the summons and complaint filed by the plaintiff and the defendant’s answer. We will
discuss the content of these documents and how and when they must be filed and then served on
the opponent. We will look at examples of these documents and discuss how they should be
drafted.

Courseware reading:

Chapter 5: Pre-Trial Practice

A. Introduction to Pre-Trial Practice
B. Summons, Complaint and Answer
C. Service of Process

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 19
Cases and Statutes:

Federal Rules of Civil Procedure: Rules 7 and 8

From this point on in the course, your primary reading of legal sources should be of the Rules of
Procedure themselves. Although different states have different rules regarding civil procedure,
the federal rules apply to federal courts in every state and serve as a great sample of a body or
procedural rules. These two rules set forth the requirements for drafting complaints that initiate
lawsuits.

Federal Rules of Civil Procedure: Rule 4

This Federal Rule discusses the procedure for service of process upon a defendant in a civil case.
Keep in mind that the purpose of service of process is to notify the opponent of the lawsuit. How
well does this rule guarantee that such notice will be effectively delivered? Are there any
requirements that you would add?

Documents for Review:

- Civil Action Cover Sheet

- Summons in a Civil Action- Federal
- Sample Completed Complaint - State
- Waiver of Service of Summons - Federal
- Certificate of Service by Mail- State
- Answer to a Complaint Packet -State

Assignment 5 can be completed at this point.

Class 10 Monday, October 18, 2021

We will focus on the process of discovery in this class. We will look at the various methods that
are available to parties to a civil proceeding to investigate in preparation for trial. We will
discuss depositions, interrogatories, requests for documentation, etc., and we will look at the
various forms that should be used during this process. We will also look at Rule 11 of the FRCP,
which provides for sanctions against parties for an array of misconduct, including discovery
violations.

Courseware Reading:

Chapter 5: Pre-Trial Practice

D. Discovery and Rule 11

Cases and Statutes:

Federal Rules of Civil Procedure: Rule 11

This is the famous rule that allows a judge to impose sanctions on an attorney for filing a false,
misleading or frivolous document or for other misconduct. In addition, the rule provides that the

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 20
attorney must vouch for all documents filed during the course of the lawsuit. This rule is very
important because it often serves as a basis for threats leveled between opponents in a
contentious civil proceeding.

Documents for Review:

- Provisional Discovery Plan- Federal

- Form Interrogatories - State
- Subpoena in a Civil Case - Federal
- Request for Admissions - State

Class 11 Wednesday, October 20, 2021

Tonight, we will finish up our discussion of pre-trial practice by discussing various other issues
relevant to this stage in the litigation. We will touch on the issues of pre-trial motions and
joinder, which occur when parties other than the plaintiff and defendant seek to join litigation
that may affect their interests. We will briefly touch on the doctrine of res judicata which aims to
prevent issues from being litigated more than once.

Courseware Reading:

Chapter 5: Pre-Trial Practice

E. Pre-Trial Motions Practice

F. Adding Parties and Claims
G. Res Judicata and Collateral Estoppel

Cases and Statutes:

Federal Rules of Civil Procedure: Rule 12

This very important rule lists the motions that a defendant in a lawsuit can file in response to a
complaint leveled by the plaintiff. The defendant can move to dismiss the case for a variety of
reasons or can move to have the plaintiff clarify the allegations in the complaint. The rule also
discusses which of the various defenses are waived if they are not raised initially. If you are
going to practice in civil litigation and you can memorize the content of any one of the Federal
Rules, this should be the one.

Federal Rules of Civil Procedure: Rule 14

This Rule discusses the basics of third party practice. We will discuss several other rules
regarding the introduction and maintenance of multiple parties in a proceeding. In fact, it would
be best to try to read Rules 14-22 and 24-25. But, reading Rule 14 will at least give you a solid
introduction and view of how third party practice works in the federal civil litigation system.

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 21
Documents for Review:

- Cross Complaint - State

- Third Party Summons – Federal

Examination # 2 will be posted at this point.

The early assignment submission deadline is Sunday, October 24, 2021 at

11:59 PM EASTERN TIME; that’s EASTERN time. That means 8:59 PM
Pacific time, 9:59 PM Mountain time, 10:59 PM Central time, etc.

Class 12 Monday, October 25, 2021

Next, we will begin our discussion of the trial itself. We will discuss jury selection and other
events that happen early in a trial, such as opening statements and presentation of evidence. We
will look at burdens of proof that apply in civil cases, including the generally applied
“preponderance of the evidence” standard and discuss the interaction between the jury system
and the burdens of proof. We will also look at certain motions, such as orders to show cause and
requests for judicial intervention that may precede or accompany litigation.

Courseware Reading:

Chapter 6: Trial Practice

A. Introduction to Trial Practice

B. Basic Trial and Jury Selection

C. Opening Statements and Burden of Proof

Cases and Statutes:

United State Constitution: Amendment VII

The Seventh Amendment guarantees the right to a jury trial in a civil case. Although the
Amendment seems simple enough, its phrase “in suits at common law” has spurred mounds of
analysis (including Supreme Court cases) trying to figure out exactly what that means.

Documents for Review:

- Request for Judicial Intervention- State

- Order to Show Cause - Federal
- Temporary Restraining Order -State
- Declaration for Temporary Restraining Order -State

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 22
Class 13 Wednesday, October 27, 2021

This class will continue our discussion of trial practice. We will discuss how trials are run, what
the various stages of a trial are and how evidence may and may not be presented. We will also
focus on the different stages of the trial itself and on the motions that are appropriate for each
phase of the trial.

Courseware Reading:

Chapter 6: Trial Practice

D. Plaintiff’s Case-in-Chief

E. Defendant’s Case-in-Chief

F. Close of Evidence

Cases and Statutes:

Federal Rules of Evidence, Rules 801-803 These are the federal rules regarding the all-important
issue of “hearsay.” Although the rules of evidence are not quite as important to a paralegal as
they are to an attorney, since paralegals do not actually try cases, the hearsay rules may be an
exception. Very often, cases can turn on whether somebody’s statement of what someone else
said will be admissible. Therefore, for trial preparation and for settlement negotiations, it is
important to understand that basics of what constitutes inadmissible hearsay.

Girden v. Sandals International

This case discussed the importance of proper jury instructions. Specifically, when is an improper
jury instruction grounds for reversal of the jury verdict and when is it merely considered
“harmless error”? This case will help bring this issue into focus and it provides a glimpse as to
how courts analyze this question.

Documents for Review:

- Sample Trial Ready - List

- Exhibit and Witness List - State
- Notice of Appearance for Attorney - Federal
- Judgment Abstract - State

Class 14 Monday, November 1, 2021

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 23
In this class, we will focus on post-trial procedure. We will examine the motions that should and
must be made at the close of a trial after the jury has delivered its verdict. We will look at the
standard under which jury verdicts can be reversed and/or new trials can be ordered. We will also
look briefly at the issue of enforcing judgments, including the methods by which a judgment can
be collected.

Courseware Reading:

Chapter 7: Post-Trial Practice, Appeals and Class Actions

A. Introduction to Post-Trial Practice

B. Post-Trial Motions

C. Enforcement of Judgments

Cases and Statutes:

Federal Rules of Civil Procedure: Rules 59 and 60

Judgments rendered by courts and/or juries are supposed to be final and complete. However,
sometimes, new evidence or changed circumstances dictate that verdicts should be re-examined.
These rules provide the grounds under which judgments should be reviewed and, if necessary,
revised. Understanding these rules is critical to the legal practitioner in the field of litigation,
because they set forth the limits on what you can do for a client who has suffered an adverse
judgment.

Documents for Review:

- Bill of Costs - Federal

- Certificate of Judgment Foreclosure by Sale - State
- Writ of Attachment before Judgment - Federal
- Writ of Execution – Federal

Suggested Videos:

https://lawshelf.com/videos/entry/the-basics-of-class-action-lawsuits

Class 15 Wednesday, November 3, 2021

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 24
The final class will continue our discussion of post-trial procedures. We will look at the appeals
process, by which a party who disagrees with the court’s rulings or the jury’s verdict can appeal
the case to a higher court. Finally, we will close with a discussion of class action lawsuits; what
their roles are, how they are organized and what prerequisites there are to their filing.

Courseware Reading:

Chapter 7: Post-Trial Practice, Appeals and Class Actions

D. Appeals

E. Class Action Lawsuits

Cases and Statutes

Federal Rules of Appellate Procedure: Rule 4(a)

This rule sets forth the procedures and timelines relevant to the filing of an appeal. These are, of
course, a starting point when discussing the civil appellate process.

Federal Rules of Civil Procedure: Rule 23

This federal rule discusses the class action lawsuit. “Mass torts” is a growing and very lucrative
area of personal injury law. Because of the complexity involved in class actions lawsuits and
because of the enormous potential ramifications that such suits have, following proper procedure
in handling such suits is critical. Rule 23 is a great place to start when learning about the class
action lawsuit.

Documents for Review:

- Bill of Costs - Federal

- Certificate of Judgment Foreclosure by Sale - State
- Writ of Attachment before Judgment - Federal
- Writ of Execution – Federal

Examination # 3 will be posted at this point

All examinations and assignments are due no later than Sunday, December 5,
2021 at 11:59 PM EASTERN TIME; that’s Eastern Time. That means 8:59
PM Pacific time, 9:59 PM Mountain time, 10:59 PM Central time, etc.

NPC EXTENSIONS POLICY

1) Extensions that conform to the rules below may be requested from the
“Assignments and Exams” page on the NPC student website.
2) No extensions are possible unless the student has first submitted at least one
assignment or examination by the course deadline.
Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 25
 - Students must submit a legitimate assignment or exam to qualify for an
extension. Submitting any assignment for another course or a blank
document as a placeholder does not qualify you for an extension.
- Extensions taken based on placeholder assignments or blank exams may be
removed.

3) The maximum possible extension allowed under the NPC system are as follows:
- A student who has submitted one assignment or exam may take an extension
of up to seven (7) days.
- A student who has submitted two assignments or exams (or any combination)
may take an extension of up to seven (7) additional days (14 days total).
- A student who has submitted three assignments or exams (or any
combination) may take an extension of up to seven (7) additional days (21
days total).
- A student who has submitted four assignments or exams (or any
combination) may take an extension of up to seven (7) additional days (28
days total).
- A student who has submitted five assignments or exams (or any combination)
may take an extension of up to two (2) additional days (30 days total).
- No extensions of more than thirty (30) days beyond the deadline are possible
for any reason at all.

4) Requested extensions are granted automatically. It is not necessary to give any

reason for the request. However, for each day of extension you request, you may be
penalized 3 raw points (of 500 that determine your final grade). This accounts for
0.6% of your course grade, per day of extension. This is necessary to compensate for
the advantage that students who take more time to do their work enjoy over those
who complete their work on time. This also means that a short extension (e.g., a day
or two) is unlikely to affect your grade, but a long extension (e.g., two weeks) is
guaranteed to affect your grade.

5) The penalty referenced in Paragraph 4 may be waived by the dean in extreme

cases only. Extreme cases include circumstances beyond the control of the student
that caused the student to be unable to complete work for a significant period of
time. Circumstances such as being busy at work or at home, vacations, family
occasions or power or internet outages lasting a few days, are foreseeable life
circumstances. Extensions may be taken for these reasons (or, for that matter, for
any reason at all), but the grade penalty discussed above applies. However, please
note that the course deadline cannot be extended more than 30 days for any reason
at all.

Legal Research, Writing & Civil Litigation (PLG-108-2109) Course Syllabus, Page 26