Civil LitigationLSP 230
Prerequisites: Prerequisites: ENG 111 (or OAT 151), LSP 110W, LSP 115, LSP 120, MGT 251, each with a minimum grade of "C".
Studies the analysis, evaluation, and preparation of the various stages of a civil matter for litigation and trial using Michigan Rules of Civil Procedure and Rules of Evidence. Includes an efficient and systematic approach to fact investigation, drafting pleadings, discovery, and file control. Studies the pretrial stages of a lawsuit with emphasis upon trial preparation including motions in limine, witness preparation, and jury voir dire, concluding with trial and post-trial motions. (45-0)
Outcomes and Objectives
Compare the different forms of jurisdiction.
- Define subject matter jurisdiction.
- Define in rem jurisdiction.
- Define personal jurisdiction.
- Define limited personal jurisdiction.
- Discuss "long arm statutes".
- Give examples of application of theories both general and particular.
Demonstrate a basic knowledge of elements and procedures of motions for summary disposition.
- Discuss and explain summary disposition in general.
- Discuss and describe specifics of the form and content of motion for summary disposition.
- Explain necessity for affidavits or other supporting evidence, and form and content of affidavits.
- Discuss timing of the motion.
- Describe procedures regarding hearing, disposition, practice, and moving and opposing parties' burdens for summary disposition motions.
Demonstrate a basic knowledge of deposition discovery practice.
- Discuss discovery under modern discovery procedures and rules.
- Explain the scope of discovery.
- Discuss work product, privilege and discovery from experts and problems arising therefrom.
- Explain protective orders and the time limits on discovery.
- Discuss filing and service of discovery materials, place of examination.
- Discuss depositions on oral examination, conducting thereof, and procedures pertaining thereto including transciption requirements.
Use document discovery devices.
- Discuss interrogatories and scope and use thereof.
- Discuss discovery of documents and entry on land and consequences of noncompliance.
- Describe procedures and issues for physical and mental examinations.
- Explain and distinguish between requests to admit and effects of noncompliance.
Demonstrate a basic knowledge of purpose and scope of pretrial practice.
- Discuss pretrial conferences and policies and procedures pertaining thereto.
- Discuss timing and attendance of pretrial conferences.
- Identify the typical pretrial conference summary report items.
- Explain and distinguish between mediation and mediation procedures.
- Explain and distinguish offers to stipulate to judgment.
- Discuss settlements involving minors.
Demonstrate a basic knowledge of case evaluation and offers of judgment.
- Discuss litigation strategy.
- Discuss case evaluation cases, panels, dates, and summaries.
- Discuss case evaluation hearings, awards, and proceedings.
- Discuss sanctions.
- Describe offers of judgment.
Demonstrate a basic knowledge of trial preparation for a pending trial.
- Discuss pretrial practice and procedures typically arising immediately prior to trial.
- Discuss pretrial settlement conference.
Demonstrate an introductory knowledge of procedures for trial by jury.
- Discuss the right to trial by jury.
- Explain the requirements of demand for jury trial and potential waiver.
- Explain the form and sequence of a trial.
- Explain challenging the array.
- Identify and explain qualification requirements of jurors.
- Explain procedure for selection of the petite jury.
- Explain voir dire examination, challenges for cause, pre-emtory challenges, and objections to the constituency of the jury.
Demonstrate a basic knowledge of trial practice procedures and motions.
- Discuss appearances, effective apearances, and duration of an appearance, whether by party or attorney.
- Discuss transfer and removal of actions from Circuit Court or District Court and recent statutory amendments.
- Discuss adjournments and motion of adjournments.
- Explain scheduling of trial and court concerns.
- Discuss and explain no progress dismissals, motions to disqualify judge, and dismissals of actions.
- Discuss consolidation of trials, separate trials, and impact of stipulations.
- Discuss subpoenas and compelling attendance of witnesses.
- Explain preliminary trial procedures such as opening statements, presentation of evidence, objections, closing arguments, instructions to the jury, return of the verdict, form of special or general verdicts, discharge of jury, and decisions in nonjury cases.
Demonstrate a basic understanding of judgments and the form of judgments.
- Discuss judgments in general and their content.
- Discuss signing of judgments, interest on judgments, judgments as to less than all parties, and declaratory judgments.
- Identify and distinguish between default judgments and procedure for entry of default.
- Discuss and explain reasons which form a basis for amendment of judgment.
- Discuss and identify taxation of cost issues and stay of proceedings on judgment.
Demonstrate an introductory knowledge of the concept of venue.
- Describe and discuss venue.
- Discuss the general rule of venue.
- Discuss venue in particular actions.
- Explain procedures relative to motions for change of venue and basis thereof.
Demonstrate an introductory knowledge of enforcement judgments.
- Explain new trials in general and grounds for new trial.
- Explain remittiturs and additurs.
- Discuss procedures for motion for new trial.
- Discuss newly discovered evidence and other grounds.
- Distinguish between relief from judgment and granting of new trial.
Demonstrate an introductory knowledge of method and procedures for enforcement of judgments.
- Explain concepts and procedures of execution against property, levy, and return of execution.
- Identify distinguishing characteristics of execution and sale of personal property versus real estate.
- Explain and discuss proceedings supplementary to judgment and discovery.
- Describe additional enforcement methods such as appointment of receiver and successive proceedings.
Demonstrate an introductory knowledge of statute of limitations.
- Explain the statute of limitations.
- Describe computation of statutory period.
- Distinguish the statute of limitations from latches.
- Describe various statutes of limitations.
- Compare and analyze basis for revival of barred claims.
Demonstrate an introductory knowledge of basic procedures for commencement of actions and service of process.
- Explain the commencement of action and issuance of summons procedures.
- Explain the time within which summons must be served.
- Discuss and explain who may serve process, where process may be served, and the manner of service.
- Distinguish and explain the restrictions on service of procedures for verification of service of process.
Describe the drafting of a simple complaint.
- Discuss the general form of complaint.
- Identify the particular parts of a complaint such as caption, body, demand for relief, signature, verification, and exhibits.
- Discuss and explain consequences of defects of form, both substantive and procedural.
- Define verification by oath.
- Explain the motion for more definite statement, to strike the complaint, and summary disposition for failure to state a claim.
Describe the formal requirements of a simple answer.
- Explain formal requirements and list formal requirements for answer.
- Describe the differences between admissions, denials, and pleas of no contest.
- Discuss impact of failure to include defenses and requirements of pleading special matters.
- Discuss time for filing and serving answer or motion to extend time.
- Describe counter-claims and cross-claims.
Demonstrate the rules pertaining to alterations of pleadings.
- Discuss alteration of pleadings in general.
- Distinguish between amended by right and amendment by leave.
- Discuss and explain examples for response to amendments, amendments after trial, and impact upon statute of limitations.
Demonstrate various types of parties to action.
- Explain real party in interest concept.
- Explain capacity to sue and be sued.
- Recognize particulars of suits by minors, incompetent persons, unborn persons, and issues of consent.
- Distinguish substitution of parties.
- Discuss necessary joiner, permissive joiner, and explanation of misjoiner.
- Identify and explain third party practice procedures.
- Identify and explain intervention procedures.
- Identify and explain interpleader procedures.
Demonstrate an introductory knowledge of motion practice.
- Explain overview of motion practice.
- Compare contested versus uncontested motions.
- Describe and explain the general requirements of motions.
- Discuss procedural requirements relative to contested motion practice and relative to uncontested motions.
- Identify general principles relative to motions for re-hearing.