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Law 11-Spring2017-Lewis-Mission

Page history last edited by abogado 3 years, 1 month ago

                                                                           

Activities   

 

 

 

 

Syllabus    

  

Academic Calendar
textbooks

online textbook chapters

  Law 11 - Civil Litigation –  Section #3321
On Campus Class

meets Thursdays, 8:30 - 9:55 pm, CMS 204 

Prof Donna Lewis - Activities Textbooks  
Study Guide and Welcome Message

 

 

Instructor:          Donna Stewart Lewis, Ed.D., M.A., J.D.

Office hours:      Before or After each class 

Phone:                (818) 854-0080

Email:                 donna.lewis@lausd.net

Canvas                https://ilearn.laccd.edu

Textbook:          Fundamentals of California Litigation for Paralegals, 5th ed. 

                             Marlene A. Maerowitz, Thomas A. Mauet
 

ISBN:                 ISBN-10: 1454816546 | ISBN-13: 978-1454816546| Edition: 5               

 

order at LAMC Bookstore (click here) or on Amazon (click here)

Calendar             http://lamission.org

Distribution of Grades

Quizzes 40% of your grade

Assignments 45 % of your grade

Forum Discussions - Class Participation - 15%



A = 90% or above

 


A = 90% or above

B = 80% or above

C = 70% or above

D = 60% or above

A grade of C or greater is required to pass the class


See Activities and Due Dates at http://lamission.org


Course Description:     Study of civil and criminal procedures. Emphasis is on parties and jurisdiction, pleadings, discovery, pre-trial and trial preparation, appeal, enforcement of judgments, and alternative dispute resolution.


Below are the Tests from your textbook

 

Test # A - Chapter 1: Introduction to Litigation
Test # B -Chapter 2: Informal Fact Gathering and Investigation
Test # C -Chapter 3: Case Evaluation and Strategy
Test # D -Chapter 4: Parties and Jurisdiction 
Test # E -Chapter 5: Pleadings & Chapter 6 - Complaints, Answers, and Cross Claims & Chapter 7 - Special Pleadings 
Test # F -Chapter 8:  Introduction to Motions 
Test # G -Chapter 9 Motions Attacking the Pleadings & Chapter 10 Summary Judgments
Test # H -Chapter 11: Provisional Remedies 
Test # I -Chapter 12: Evidence 
Test # J -Chapter 13: Introduction to Discovery, Chapter 14 Written Discovery, and Chapter 15 Depositions
Test # K -Chapter 16: Settlements 
Test # L -Chapter 17: Trial Preparation, Trial, and Appeal 
Test # M -Chapter 18: Enforcement of Judgments

Test # N -Chapter 19: Alternative Dispute Resolution


Week 1 - Due 2/12/17


Week 2 - Due 2/19/17


Week 3 - Due 2/26/17


Week 4 - Due 3/5/17

  • Read Chapter 3   - Case Evaluation & Strategy
  • #3 Prepare Slip and Fall Lawsuit - Alcaraz v. Vece Case 
  • Test #B  - Chapter 2 - Information Fact Gathering & Investigation  

Week 5 - Due  3/12/17

  •  Read Chapter 4 - Parties and Jurisdiction  
  • #4 Draft and Submit Dogbite Case
  • Test #C  - Chapter 3 - Case Evaluation & Strategy

Week 6 - Due 3/19/17

  • Read Chapter 5  Pleadings
  • #5 Case Evaluation and Pleading 
  • Test D  - Chapter 4 - Parties & Jurisdiction 

Week 7 - Due 3/26/17

  • Read Chapter 6  Complaints, Answers and Cross Complaints
  • Read Chapter 7  Special Pleadings 
  • #6  Analyze Landmark Jurisdiction cases
  • Test #E  - Chapter 5 - Pleadings,Chapter 6 - Complaints, Answers & Cross Claims, and Chapter 7 - Special Pleadings

Week 8 - Due 4/2/17

  • Read Chapter 8 Introduction to Motions
  • #7 Pleadings Discussion 
  • Test #F - Chapter 8 - Introduction to Motions   
  • Spring Break 4/3 - 4/9  

Week 9 - Due 4/16/17

  • Read Chapter 9 - Motions Attacking the Pleading
  • Read Chapter 10 - Summary Judgments 
  • #8 Practice Preparing your own motion
  •  Test G - Chapter 9 - Motions Attacking the Pleadings, and Chapter 10 - Summary Judgments 

Week 10 - Due  4/23/17

  • Read Chapter 11 Provisional Remedies 
  • #9 Submit your Demurrer 
  • Test H  - Chapter 11 - Provisional Remedies

Week 11 -  Due  4/30/17

  • Read Chapter 12 - Evidence 
  • #10 Discuss Problems with the TRO in the Gallo vs. Acuno case
  • #11 Submit your five (5) Interrogatories
  • Test I  - Chapter 12 - Evidence

Week 12 - Due 5/7/17

  • Read Chapter 13 - Introduction to Discovery
  • Read Chapter 14 - Written Discovery
  • Read Chapter 15 - Depositions
  • #12 Calendaring and Fast Track
  • #13 Review Settlement Conference Brief and answer questions
  • Test #J  - Chapter 13 -  Introduction to Discovery, Chapter 14 - Written Discovery, Chapter15 - Depositions

Week 13 - Due 5/14/17

  • Read Chapter 16 - Settlements 
  • #14 Getting Ready for Trial
    #15 Draft a Request to Produce Documents
  • Test #K  - Chapter 16 - Settlements

Week 14 - Due 5/21/17

  • Read Chapter 17 - Trial Preparation, Trial, and Appeal
  • #16 Prepare a Trial Chart
  • #17 Prepare a Release
  • Test L  - Chapter 17 - Trial Preparation, Trial and Appeal 

Week 15 - Due  5/28/17

  • Read Chapter 18 Enforcement of Judgments 
  • #18 Enforce a Judgment
  • Test M  - Chapter 18 - Enforcement of Judgments

Week 16 - Due 6/4/17

  • Read Chapter 19 Alternative Dispute Resolution
  • #19 Prepare a Demand for Arbitration - AAA
  • Test N  - Chapter 19 - Alternative Dispute Resolution 

 

Please note that a grade of C or higher is required for each of the 12 paralegal certificate classes.

Points will be posted on the class website after each activity closes. 

 

Course Organization: Law 1I is organized into assignments, quizzes, and forum discussions.  

 

Student Learning Outcomes:  Upon successful completion of this course, a student will be able to: 

1. Brief law cases in Civil Litigation including  civil procedures in the State of California, and Federal,  court mediation and arbitration, and  motions, demurrers, and pleadings. 

2. Critically analyze and argue issues of  Civil Litigation including the above matters listed in #1. 

3. Prepare legal documents, forms or papers for initiating a lawsuit, various motions including Motion to Dismiss, and Motion for Summary Judgment, interrogatories, requests for admissions, and other discovery devices,  and a Mandatory Settlement Conference Statement, and Trial Brief. 


Skill Level:
 College level reading and writing; ability to access the internet.  Necessary skills include proficiency using a word processing program, including spell checker, using a web browser, sending and receiving email, saving documents as RTFs (rich text format), uploading and attaching documents.   

Estimated Time per Week:  10 hours (see Carnegie Rule)


Class format:  This class is a hybrid class and requires on campus attendance. 
 No on campus meetings are required.   .  We use the Canvas  Course Management system     Carefully read our policies.

The class follows a weekly format. If you click on Assignments/tests in Canvas you will you will see the weekly assignments, quizzes, forums and activities. There are many opportunities for you to participate and earn points to attain a good grade.  
 


To be a successful online/hybrid student, you need to do schedule a regular time for studying, read and complete on line activities, and more.  

 

Technical Requirements:  The minimum computer requirements are:  Computer, either a Macintosh or IBM compatible; modem, minimum 28.8, broadband or high speed internet access is preferred and is required to view the videos.  Software:  Web browser software, preferably Firefox 3.5 , Chrome, or Internet Explorer 8, an e-mail address and a word processing program. 

 
Get Firefox: 
http://www.mozilla.com/en-US/firefox/all.html 
Get Chrome - http://chrome.google.com

Get Internet Explorer: http://www.microsoft.com/windows/Internet-explorer/default.apx


Get a free email account at: www.mail.google.com

Students who do not have regular computer access may use computers in the campus Learning Resource Center.  Be sure to save all your papers and assignments on a flash drive.


Course Login:  https://ilearn.laccd.edu

 

First Assignment:  Introduce yourself to the class under the forum discussions for the first week.  This is where you will get to know your classmates. Post your introduction You may be dropped from class if you do not post your introductions by the end of the 2nd week of class. 


Contacting Your Instructor:
  I check my email several times a day and respond to emails within 24 hours.  Please don’t hesitate to contact me with any questions;   I am also available by telephone on Wednesdays and Fridays 3:00 – 5:00 PM, and by email during the week.


CLASS BIOGRAPHIES/INTRODUCTIONSYou will find your instructor's autobiography posted in the "Discussion Board" of the class website. Please post your bio in the discussion board by Friday of week one. In your bio, please be sure to include: 

Your name  
Academic/Career GoalsExpectations of the class
How you found out about the class/program
Other items of interest, and 
Include any preliminary questions or concerns you have at this point. 

 

DISCUSSION FORUMS: Every week a discussion questions posted to the website "FORUMS." You are required to post a answer to each discussion question by Wednesday of the forum week. Further, you are required to post, at least, one response to  our classmates' initial responses. You are not required to respond to every classmate. You may, although this is a decision each student will make.  

SOME SPECIFIC EXPECTATIONS ABOUT PARTICIPATION:

Class Meeting Discussions:

  • Please read, review, and reflect on each message PRIOR to posting to the forums. Remember: Others cannot get visual clues as to meaning, therefore, be careful in what and how you communicate.Once posted, messages cannot be deleted!
  • All postings to any meeting in this class are to be considered CONFIDENTIAL and for consideration and discussion only by members of this class.
  • Ask questions about areas of the subject that you wish to better understand or for clarification and/or amplification.
  • Read your classmates comments and presentations, and respond constructively.
  • Offer personal/professional experiences/observations relevant to the items being discussed. 

 

EXPECTATIONS FOR WRITTEN WORK

VOCABULARY - You are expected to read and understand the material presented in the assigned text and articles you locate. 

FORMAT - Papers submitted should be written in accordance with the APABluebook, or other recognized formatting style

GRAMMAR - Use active voice in your writing. Also use the spelling and grammar check feature of your Word Processor before submitting your papers. 

 

Homework Assignments:  Assignments require you to read and brief law cases. Read the information on"briefing law cases".  


Students who plagiarize will receive zero credit on the assignment.


 

 

Dropping your class/Exclusion:  See important dates for the last day to drop the class with a "W"

College regulations state that a student may be excluded from a course following accumulation of absences equal to a week of course work.  The 12th week of class is the last date a student may drop a class with a "W".  (or the 8th week in a "Late Start" class). Thereafter, the student must receive a grade in the class.

 

If a student has a accumulated score of 50 or below in the 12th week (or the 8th week in a "late Start" class) , it is deemed that the student has accumulated absences in excess of a week of course work, and the instructor MAY, but is NOT required to DROP the student from class, with or without notice. It is the sole responsibility of the student, and not the instructor, to drop the class
 


 

Reasonable Accommodation:   For students requiring accommodation the DSPS office provides special assistance in areas like: registering for courses, specialized tutoring, note-taking, mobility assistance, special instruction, testing assistance, special equipment, special materials, instructor liaisons, community referrals, and job placement.  The phone number for the Office of Students with Disabled Student Programs and Services is: (818) 364-7732 and also their website at http://lamission.edu/dsps


Check Academic Calendar For Important Dates

 

Website opens      Sunday 2/6/17  

 

Last day to Drop classes with a “W” - Letter grade is required after this date and forward - check specified date in the Academic Calendar 


If you stop attending a class (or wish to drop a class), YOU MUST DROP THE CLASS YOURSELF ONLINE– OFFICIALLY  . Failure to do so may result in a grade of “F” in that class.

Admission Regular Office Hours (Subject to change) Monday and Thursday – 8am-5pm Tuesday and Wednesday – 8am-7pm Friday – 8am-12noon


New 3 Repeat Rule

IMPORTANT NOTICE
All Students Please Read
Beginning Summer 2012: New 3 Repeat Rule

EFFECTIVE SUMMER 2012, course withdrawal (“W”) or a substandard  grade (“D,” “F,” or “NP”) count as an attempt at a course.  Only three attempts at any one course will be allowed, with some exceptions.  Listed below are the new rules that all students need to know about. 
• Students who drop or are excluded after the last day to drop without a grade of “W” will have a “W” appear on their transcript.  The “W” will count as an attempt for that course. 
• For the Falll 2013 semester, September 8, 2013 is the last day to drop a 16-week semester length class without a “W.”  Students will be  able to drop a class online until this date. Contact the office of Admissions and Records for deadlines on late start, short-term and special program classes.
• A course in a student’s transcript which currently shows a recorded “W” counts as an attempt for that course.   
• Students will not be allowed to register for any course within the LACCD if there are three recorded attempts for that course in any combination of W, D, F, or NP grades.
• Add permits for a course within the LACCD will not be processed if there are three recorded attempts for that course in any combination of W, D, F, or NP grades.
• For courses specifically designated as “repeatable,” students may repeat up to three times (See Title 5 California Code of Regulations sections 55040, 55041, 58161).  
• Where the student’s number of enrollments in a course exceeds the allowable amount, the student may petition for an additional enrollment in cases of extenuating circumstances.  

What students should do: 
• Be sure you are academically ready for classes you enroll in.
• If you must drop a course, drop before the specifi ed deadline for dropping a class without a grade of “W.” 


 

CheatingUnauthorized material used during an examination (including electronic devices), changing answers after work has been graded, taking an exam for another student, forging or altering attendance sheets or other documents in the course, looking at another student’s paper/answers/essay/computer or exam with or without their approval is considered cheating. Any student caught cheating will receive a zero for the assignment/exam and referred to the Department chair and/or Student Services for further disciplinary action.

 

Plagiarism. Plagiarism is defined as the act of using ideas, words, or work of another person or persons as if they were one’s own, without giving proper credit to the original sources. This includes definitions found online on Wikipedia, materials from blogs, twitter, or other similar electronic resources. The following examples are intended to be representative, but not all inclusive:

 

            Failing to give credit by proper citations for others ideas and concepts, data and information, statements and phrases, and/or interpretations and conclusions.
 

            Failing to use quotation marks when quoting directly from another, whether it be a paragraph, a sentence, or a part thereof
 

            Paraphrasing the expressions or thought by others without appropriate quotation marks or attribution
 

            Representing another’s artistic/scholarly works such as essays, computer programs, photographs, paintings, drawings, sculptures or similar works as one’s own.

 

 

For the first offense, you will receive a zero for the assignment in question. Any further offenses may result in expulsion from the class, as determined by the disciplinary action from the Office of Student Services.

 

Website opens      2/6/17 

 

SPECIAL ACCOMMODATIONS

If you require special accommodations for a disability, religious holiday, or any other reason please inform your instructor(s) within the first week of the course and we will accommodate you if at all possible. For accommodations due to disability, you must consult with the Disabled Students Programs and Services Office after which we will abide by their recommendations.

 

“MANAGEMENT OF STRESS AND MENTAL HEALTH: 

As a student, not only do you have the pressure of succeeding in school, you may also be contending with work, financial issues, relationships, managing time effectively, getting enough sleep, etc.  The staff and faculty of Los Angeles Mission College are here to provide support that will help you to be successful in your academic pursuits.  You can learn more about the broad range of confidential student services offered on campus, including counseling and mental health services, by either visiting the Student Health Center (SHC), which is currently located in the Bungalow just west of the Collaborative Studies Building*,  checking out the SHC webpage at:  https://www.lamission.edu/healthcenter/ or calling: 818 362-6182.
 

I also encourage you to enter the National Suicide Prevention Lifeline number (1-800-273-8255) into your cell phone in case you or someone you know is in distress and needs someone with whom to talk.

 

*Please note that the SHC is slated to move into its new location, between the President’s Office and Administrative Services, in the spring 2016 semester.”

 

 

COLLEGE RESOURCES FOR LAMC STUDENTS

see http://lamission.edu/de/student-services

 

 

  updated: 2/14/17

 

 

 

 

 

 

 

 

 

 

 

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