LEGA 2090 - Legal Procedure

Credit Hours: 4.00

Objectives: The student will:

1. Identify the federal court system.
2. Identify the state court system.
3. Explain the duties and powers of the judicial branch.
4. Distinguish between civil and criminal law.

Outcome 2: Upon successful completion of this course, students will be able to distinguish between civil law and civil procedure.

Objectives: The student will:

1. Define civil law and civil procedure.
2. Distinguish between the different types of civil actions.
3. Identify the different types of civil actions.
4. Explain the different types of civil actions.
5. Identify the Michigan Court Rules of Procedure.
6. Explain the different Michigan Court Rules of procedure.
7. Analyze the Michigan Court Rules of Procedure.

Outcome 3: Upon successful completion of this course, students will be able to differentiate between the different types of Alternative Dispute Resolution.

Objectives: The student will:

1. Define the different types of Alternative Dispute Resolution.
2. Identify the different types of Alternative Dispute Resolution.
3. Explain the different types of Alternative Dispute Resolution.
4. Distinguish between the different types of Alternative Dispute Resolution.

Outcome 4: Upon successful completion of this course, students will be able to distinguish between the provisional remedies clients may obtain in a civil matter.

Objectives: The student will:

1. Define the different types of remedies clients may receive in a civil matter.
2. Identify the different types of remedies clients may receive in a civil matter.
3. Discuss the different types of remedies clients may receive in a civil matter.
4. Explain the different types of remedies clients may receive in a civil matter.
5. Distinguish the different types of remedies clients may receive in a civil matter.

Outcome 5: Upon successful completion of this course, students will be able to prepare legal documents for trial, for appeal, or for alternative dispute resolution.

Objectives: The student will:

1. Gather information or evidence concerning a client’s factual situation in a civil matter.
2. Identify the necessary documents needed for trial, for appeal, or for an alternative dispute resolution that involve a civil matter.
3. Explain the necessary documents needed for trial, for appeal, or for an alternative dispute resolution that involve a civil matter.
4. Compose the necessary documents needed for trial, for appeal, or for an alternative dispute resolution that involve a civil matter.
5. Analyze the documents needed for trial, for appeal, or for an alternative dispute resolution that involve a civil matter.
6. Assist attorneys in preparing a client for trial, for appeal, or for an alternative dispute resolution involving a civil matter.
7. Apply the Michigan Court Rules of Procedure.
8. Apply the different types of Alternative Dispute Resolution.
9. Apply the different types of remedies clients may receive in a civil matter.

Outcome 6: Upon successful completion of this course, students will be able to organize evidence and factual information for trial, for appeal, or for alternative dispute resolution.

Objectives: The student will:

1. Gather information or evidence concerning a client’s factual situation in a civil matter.
2. Identify the necessary documents needed for trial, for appeal, or for an alternative dispute resolution that involve a civil matter.
3. Explain the necessary documents needed for trial, for appeal, or for an alternative dispute resolution that involve a civil matter.
4. Compose the necessary documents needed for trial, for appeal, or for an alternative dispute resolution that involve a civil matter.
5. Analyze the documents needed for trial, for appeal, or for an alternative dispute resolution that involve a civil matter.
6. Assist attorneys in preparing a client for trial, for appeal, or for an alternative dispute resolution involving a civil matter.

• Communication: The graduate can communicate effectively for the intended purpose and audience.
• Critical Thinking: The graduate can make informed decisions after analyzing information or evidence related to the issue.
• Global Literacy: The graduate can analyze human behavior or experiences through cultural, social, political, or economic perspectives.
• Information Literacy: The graduate can responsibly use information gathered from a variety of formats in order to complete a task.
• Quantitative Reasoning: The graduate can apply quantitative methods or evidence to solve problems or make judgments.
• Scientific Literacy: The graduate can produce or interpret scientific information presented in a variety of formats.

1. Introduction to Litigation and Pleadings
   1. The Litigation Process
   2. The Paralegal’s Role
   3. Computers and Litigation
   4. Ethical Considerations
2. Informal Fact Gathering and Investigation
   1. Structuring Fact Investigations
   2. Client Interviews
   3. Exhibit Acquisition
   4. Witness Interviews
   5. Expert Reviews
   6. Computerized Fact Gathering
3. Case Evaluation and Strategy
   1. Attorney-Client Agreement
   2. Planning Litigation
   3. Prefiling Requirements
4. Parties and Jurisdiction
   1. Parties
   2. Joinder of Parties
   3. Subject Matier Jurisdiction
   4. Personal Jurisdiction
   5. Venue
5. Pleadings
   1. Pleading Requirements
   2. Complaints
   3. Answers
   4. Counterclaims
   5. Replies
   6. Cross Claims
   7. Third Party Practice
6. Law and Motions
   1. Motion Requirements
   2. Continuances
   3. Substitutions of Parties
   4. Removal
7. Motion Practice
   1. Summary Judgment
   2. Dismissals and Defaults
   3. Consolidation
8. Provisional Remedies
   1. TROs and Preliminary Injunctions
   2. Writs of Attachment
   3. Writs of Possession
   4. Lis Pendens
9. Evidence
   1. The Paralegal’s Role
   2. Relevance
   3. Hearsay
   4. Exceptions
   5. Witnesses, Exhibits, etc.
   6. Privileges
10. Discovery
    1. Scope of Discovery
    2. Interrogatories
    3. Request for Production
    4. Depositions
    5. Discovery Motions
11. Settlements
    1. Introduction
    2. Settlement Contracts
12. Trial Preparation, Trial and Appeal
    1. The Paralegal’s Role
    2. Pretrial
    3. Trial Organization
    4. Preparation of Witnesses
    5. Exhibits
    6. Appeal
13. Enforcement of Judgments
    1. Demand Letter
    2. Writs of Execution
    3. Garnishment
14. Alternative Dispute Resolution
    1. Mediation
    2. Arbitration