Course Competency 1: Outline the civil litigation process.
- Conduct an initial client interview via role activities.
- Explain the steps involved in opening a litigation file including: performing a conflict checks, fee agreements, disengagement and non-engagement letters.
- Develop an investigation plan for a sample case.
- Explain what occurs during the pleading phase of litigation.
- Explain what occurs during the discovery phase of litigation.
- Explain what occurs during a pretrial conference.
- Explain what occurs during the trial phase of litigation.
- Explain what occurs during the appeals process.
- Observe a civil trial.
Course Competency 2: Determine jurisdiction and venue.
- Explain Personal Jurisdiction and the importance of Long Arm Statutes.
- Explain Subject Matter Jurisdiction.
- Describe the difference between In Rem and Quasi In Rem Jurisdiction.
- Explain the difference between Venue and Jurisdiction.
- Identify the three types of cases in which Federal Courts have Subject Matter Jurisdiction.
- Explain the Defendant's Right of Removal.
Course Competency 3: Evaluate facts, causes of action and defenses.
- Identify causes of actions including: Intentional Torts, Unintentional Torts, Strict Liability, and Breach of Contract actions.
- Determine the Elements of a Cause of Action using the Jury Instructions, and Proof of Facts.
- Develop a Litigation Theory Chart.
- Identify defenses Intentional Torts, Unintentional Torts, Strict Liability, and Breach of Contract actions.
Course Competency 4: Explore statutory requirements and considerations for drafting pleadings.
- Identify the different types of Pleadings allowed in Wisconsin.
- Explain the concept of Pleading in the Alternative.
- Locate Forms and identify Formbooks commonly utilized when drafting Pleadings.
- Identify the 3 functions of a Summons and distinguish it from Pleadings.
- Identify the 5 parts of a Complaint.
- Explain the concept of Notice Pleading and list the exceptions to it under Wisconsin law.
- Draft a Complaint.
- Distinguish between Factual Defenses, Procedural Defenses, and Affirmative Defenses,
- Draft an Answer.
- Explain the paralegal’s role in the pleading process.
- Explain the e-filing rules.
- Identify UPL concerns.
Course Competency 5: Explore the different methods of service of process.
- Explain different types of Service including: Personal, Substituted, and Service by Publication.
- Explain the time limitations applicable under Wisconsin law.
- Explain the qualifications necessary to serve legal documents in Wisconsin.
- Explain Proof of Service requirements.
- Determine proper method of Service in different cases.
- Identify Motions used to challenge Service.
Course Competency 6: Explore statutory requirements and considerations for drafting motions and supporting documents.
- Explain the 3 requirements every Motion must satisfy.
- Explain the function of Motions in the litigation process.
- Identify 5 dispositive motions and explain what dispositive means.
- Identify 5 motions which are not dispositive.
- Explain proper Notice and calendaring of Motions.
- Identify situations when Ex Parte Motions are appropriate.
- Draft a Notice of Motion and Motion based on a case study.
- Explain the use of Affidavits and Briefs in support of Motions.
Course Competency 7: Describe the methods of civil discovery.
- Identify the seven functions of discovery.
- Identify the five types of discovery.
- Explain each method of discovery.
- Distinguish between the Wisconsin and the Federal rules with respect to each method of discovery.
- Explain the rules which regulate the scope of discovery: including relevancy, privileges, and special statutory rules applicable in Wisconsin.
- Explain the use of litigation holds.
- Explain the function and use of preservation letters.
- Explain the Wisconsin and Federal e-discovery rules.
- Explain the Clawback Rules in the context of e-discovery.
Course Competency 8: Explore statutory requirements and considerations for drafting discovery documents.
- You locate Forms on the Internet and identify Formbooks commonly utilized when drafting discovery documents.
- You draft Interrogatories based on a case study.
Course Competency 9: Draft Wisconsin appellate documents.
Course Competency 10: Describe ethical issues commonly arising in a civil litigation practice.
- Explain the no contact rule.
- Explain the rule regarding ex parte communication.
- Describe Wisconsin’s 72 hour rule.
- Describe ethical issues arising in the context of e-discovery.
- Describe ethical issues involved in the use of social media in the litigation process.
- Describe the constraints on lawyer advertising.
- Explain the scope of attorney-client privilege and the duty of confidentiality.
- Explain the Conflict of Interest rules.
- Explain the rules protecting work product.
Course Competency 11: Describe the function of a paralegal in a civil litigation law practice.
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