Online · School of Law · School of Law

Civil Practice

PLST-220

Fall B 2022 08/22/2022 to 10/14/2022 Modified 08/10/2022  Contact Information

See detailed faculty information in Canvas.  Course Description

This course is the study of the rules and principles governing the process by which courts adjudicate civil disputes. The subject matter covered includes study of the judicial process and the relationship between procedural and substantive law; pleadings; principles of jurisdiction, including jurisdiction over persons and subject matter; service of process and allocation of jurisdiction between state and federal court systems; and the discovery of evidence.

Requisites Prerequisites

None

 Rationale

Every lawsuit involves two primary and equally important components: substantive law that governs the litigants’ rights and obligations, and rules and principles that govern how the court will apply the substantive law. This course’s primary focus is the latter. Because mastery of civil procedure enables lawyers to plot sound strategy for their clients, it is essential to being an effective legal assistant and to being fully prepared to provide the necessary guidance. Moreover, the law of civil procedure represents our judicial systems’ best efforts to provide for fair and just resolution of disputes; therefore, this course emphasizes the need for litigants’ strong commitment to operate with “the rules” to achieve justice, integrity, and civility.

 Course Learning Outcomes

Upon successful completion of this course, the student will be able to:

A. Explain general principles of civil litigation.

B. Choose the mode of discovery in a civil lawsuit that achieves litigation goals and strategies.

C. Evaluate various litigation strategies as they relate to a client’s best interests.

D. Apply Christian principles of ethical and moral conduct to achieve justice and fairness.

E. Classify the elements that comprise a complaint, or petition, as well as answers that comply with the Federal Rules of Civil

Procedure and other governing principles of civil procedure.

 Course Resources

Required Resource

The resource below is provided in the course at no cost to the student. However, if the student prefers a physical copy of the resource, he or she may purchase it through the Liberty University Online bookstore (http://bookstore.mbsdirect.net/liberty.htm), MBS Direct. The purchase of physical copies is optional.

1 of 6

Peggy Kerley, Joanne Banker Hames & Paul Sukys. Civil Litigation. (8th ed.) Cengage Learning. 2020. ISBN: 9781337900713.

Disclaimer: The above resource provides information consistent with the latest research regarding the class subject area. Liberty University does not necessarily endorse specific personal, religious, philosophical, or political positions found in this resource.

Additional Materials for Learning

A. Computer with basic audio/video output equipment

B. Internet access (broadband recommended)

C. Canvas recommended browsers (https://community.canvaslms.com/t5/Canvas-Basics-Guide/What-are-the-browser-and-

computer-requirements-for-Canvas/ta-p/66)

D. Microsoft Word

E. Bluebook Formatting Information: https://www.liberty.edu/casas/academic-success-center/bluebook-resources/

(https://www.liberty.edu/casas/academic-success-center/bluebook-resources/)

 Course Assignments

  Textbook readings and presentations

Course Requirements Checklist

After reading the Course Syllabus and Student Expectations, the student will complete the related checklist found in the Course Overview.

Discussions (6)

Discussions are collaborative learning experiences. Therefore, the student is required to provide a thread in response to the provided prompt for each Discussion. Each thread must be 300 words and demonstrate course-related knowledge. In addition to the thread, the student is required to reply to 2 other classmates’ threads. Each reply must be 150 words.

Article Review Assignments (2)

The student will submit brief reviews discussing current news articles related to a trial or other actions that directly relate to the subject matter of civil litigation. News articles used for this assignment must come from the newspaper, a news program, or some other reputable news source (either traditional such as a newspaper or news magazine, or from a reputable online source). Each review must be in current Bluebook format and be 1–2 full pages, double-spaced.

Course Review Assignment

The same instructions for the two Article Review Assignments apply. However, instead of reviewing an article, the student will focus on the one or two areas of law practice that they found most interesting throughout this course and why. The student will include relevance from the course materials and summarize by positing how they think what they’ve learned in this course might benefit them in their future career. No citations required.

Quizzes (5)

Each quiz is composed of 25 randomized multiple-choice and true/false questions. They will cover each Module: Weeks respective textbook reading. The student will have 1 hour to complete each open-book/open-notes quiz.

 Course Grading

10 Discussions (6 at 100 pts ea) 600

Course Requirements Checklist

2 of 6

Course Review Assignment 50

250

Total 1010

 Policies

Quizzes (5 at 50 pts ea)

Article Review Assignments (2 at 50 pts ea)

100

Late Assignment Policy

Course Assignments, including discussions, exams, and other graded assignments, should be submitted on time.

If the student is unable to complete an assignment on time, then he or she must contact the instructor immediately by email. Assignments that are submitted after the due date without prior approval from the instructor will receive the following deductions:

1. Late assignments submitted within one week after the due date will receive up to a 10% deduction.

2. Assignments submitted more than one week and less than 2 weeks late will receive up to a 20% deduction.

3. Assignments submitted two weeks late or after the final date of the course will not be accepted outside of special

circumstances (e.g. death in the family, significant personal health issues), which will be reviewed on a case-by-case basis by

the instructor.

4. Group projects, including group discussion threads and/or replies, and assignments will not be accepted after the due date

outside of special circumstances (e.g. death in the family, significant personal health issues), which will be reviewed on a case-by-case basis by the instructor.

Disability Assistance

Students with a disability and those with medical conditions associated with pregnancy may contact Liberty University’s Online Office of Disability Accommodation Support (ODAS) at LUOODAS@liberty.edu for accommodations. Such accommodations require appropriate documentation of your condition. For more information about ODAS and the accommodations process, including how to request an accommodation, please visit https://www.liberty.edu/online/online-disability-accommodation- support/ (https://www.liberty.edu/online/online-disability-accommodation-support/). Requests for accommodations not related to disabilities or pregnancy must be directed to the Registrar’s Office, which generally handles medical needs support.

If you have a complaint related to disability discrimination or an accommodation that was not provided, you may contact ODAS or the Office of Equity and Compliance by phone at (434) 592-4999 or by email at equityandcompliance@liberty.edu. Click to see a full copy of Liberty’s Discrimination, Harassment, and Sexual Misconduct Policy (https://wiki.os.liberty.edu/display/IE/Liberty+University+Discrimination,+Harassment,+and+Sexual+Misconduct+Policy) or

the Student Disability Grievance Policy and Procedures (https://www.liberty.edu/disability-support/wp- content/uploads/sites/106/2022/01/Disability-Grievance-Procedures.pdf).

Course Attendance

In an effort to comply with U.S. Department of Education policies, attendance is measured by physical class attendance or any submission of a required assignment within the enrollment dates of the course (such as examinations, written papers or projects, any discussion posts, etc.) or initiating any communication with one’s professor regarding an academic subject. More information regarding the attendance policy (https://nam04.safelinks.protection.outlook.com/? url=https%3A%2F%2Fwiki.os.liberty.edu%2Fdisplay%2FIE%2FOnline%2BAttendance%2Band%2BNon- Attendance&data=02%7C01%7Caccollins2%40liberty.edu%7Cd91431fa6ac547056b5408d833029e1a%7Cbaf8218eb3024465a99 34a39c97251b2%7C0%7C0%7C637315433613719138&sdata=%2BNBTsPOoXuHAPLflSQRugK7cRSuV6UyC7qD3agf3l2k%3D&res erved=0) can be found in the Academic Course Catalogs (https://nam04.safelinks.protection.outlook.com/? url=https%3A%2F%2Fwww.liberty.edu%2Findex.cfm%3FPID%3D791&data=02%7C01%7Caccollins2%40liberty.edu%7Cd91431fa6

               3 of 6

ac547056b5408d833029e1a%7Cbaf8218eb3024465a9934a39c97251b2%7C0%7C0%7C637315433613729132&sdata=DjjhMiRB nF%2B2ZJUC8eBd1OdNb26S9ADukODYsilXlA%3D&reserved=0). Regular attendance in online courses is expected throughout the length of the term. Students who do not attend within the first week of a sub-term by submitting a required academic assignment (such as the Course Requirements Checklist, an examination, written paper or project, discussion post, or other academic

activity) will be dropped from the course. Students who wish to re-engage in the course are encouraged to contact Academic Advising to discuss their enrollment options. Students who begin an online course, but at some point in the semester cease attending, and do not provide official notification to withdraw, will be assigned a grade of “FN” (Failure for Non-Attendance (https://nam04.safelinks.protection.outlook.com/? url=https%3A%2F%2Fwiki.os.liberty.edu%2Fdisplay%2FIE%2FUnofficial%2BWithdrawals&data=02%7C01%7Caccollins2%40liberty .edu%7Cd91431fa6ac547056b5408d833029e1a%7Cbaf8218eb3024465a9934a39c97251b2%7C0%7C0%7C63731543361372913 2&sdata=MoMvZdPfza69InuhVHMHAVgu59ZP0Fw45xJTu9PIBrU%3D&reserved=0)). Students wishing to withdraw from courses after the official start date should familiarize themselves with the withdrawal policy.

Grading Scale

ABCDF

900-1010 800-899 700-799 600-699 0-599

For courses with a Pass/NP final grade, please refer to the Course Grading section of this syllabus for the assignment requirements and/or point value required to earn a Passing final grade.

Add/Drop Policy

The full policy statement and procedures are published in the Policy Directory

(https://wiki.os.liberty.edu/display/IE/Dropping+and+Adding+Online+Classes). Honor Code

Liberty University comprises a network of students, Alumni, faculty, staff and supporters that together form a Christian community based upon the truth of the Bible. This truth defines our foundational principles, from our Doctrinal Statement to the Code of Honor. These principles irrevocably align Liberty University’s operational procedures with the long tradition of university culture, which remains distinctively Christian, designed to preserve and advance truth. Our desire is to create a safe, comfortable environment within our community of learning, and we extend our academic and spiritual resources to all of our students with the goal of fostering academic maturity, spiritual growth and character development.

Communities are predicated on shared values and goals. The Code of Honor, an expression of the values from which our Doctrinal Statement was born, defines the fundamental principles by which our community exists. At the core of this code lie two essential concepts: a belief in the significance of all individuals, and a reliance on the existence of objective truth.

While we acknowledge that some may disagree with various elements of the Code of Honor, we maintain the expectation that our students will commit to respect and uphold the Code while enrolled at Liberty University.

Adherence to the principles and concepts established within facilitates the success of our students and strengthens the Liberty community.

The Code of Honor can be viewed in its entirety at https://www.liberty.edu/students/community-life/graduate-and-online- students/ (https://www.liberty.edu/students/community-life/graduate-and-online-students/).

 Schedule

                                  When Topic Notes

Technology Integration Set-Up Prepare: Cengage MindTap

     Course Overview Student Acknowledgements Course Requirements Checklist

  4 of 6

h

 When Topic

Notes

    Module 1: Week 1

Learn

Read: 5 items Watch: 1 item Interact: 2 items

 Apply

Discussion: Litigation, the Courts, and Jurisdiction Quiz: Litigation, the Courts & Jurisdiction

      Module 2: Week 2

Learn

Read: 4 items Watch: 2 items Interact: 2 items

 Apply

Article Review: Civil Litigation Assignment

Quiz: Preliminary Considerations, Procedures, Investigation and Evidence

     Module 3: Week 3

Learn

Read: 5 items Watch: 1 item Interact: 2 items

 Apply

Discussion: The Complaint and Responses to the Complaint

    Module 4: Week 4

Learn

Read: 4 items Watch: 1 item Interact: 2 items

 Apply

Discussion: Motion Practice and the Discovery Process Quiz: Motion Practice + Discovery Process

      Module 5: Week 5

Learn

Read: 4 items Watch: 1 item Interact: 2 items

 Apply

Discussion: Depositions + Interrogatories Assignment Quiz: Depositions & Interrogatories

      Module 6: Week 6

Learn

Read: 5 items Watch: 1 item Interact: 2 items

 Apply

Discussion: Physical/Mental Examinations and Request for Documents Article Review: Civil or Criminal Case Assignment

     Module 7: Week 7

Learn

Apply

Discussion: Request for Admission and the Future of Discovery + Settlements, Dismissals, and ADR

Read: 5 items Watch: 1 item Interact: 2 items

    5 of 6

 When Topic Notes

    Module 8: Week 8

Learn

Read: 5 items Watch: 1 item Interact: 2 items

 Apply

Course Review Assignment

Quiz: Trial Techniques & Post-Trial Practice

6 of 6