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Civil Litigation
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Overview

Covers client intake, investigation, pleadings, and motions—essential first steps of civil litigation for students entering the legal field.

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Estimated Dates
Digital Textbook: March 2027
Print Textbook: June 2027
Audiobook: June 2027
Next Edition: 2032
Author / Editor
Annual Student Impact

163 students | 1 high school student | $37,808 student savings

Civil Litigation I is a foundational textbook designed to introduce students to the essential procedures involved in the early stages of civil litigation. This resource guides readers through the initial steps of the civil litigation process, including client intake and interviews, fact gathering and investigation, the preparation and filing of pleadings, and the drafting and filing of motions. With clear explanations and practical examples, this book helps students understand how to support attorneys, manage case files, and apply procedural rules effectively. Civil Litigation I prepares students for real-world legal work and provides the knowledge and skills needed for further study and success in the legal field.

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.

This video walks you through our online textbook hosted on the Pressbooks website and not this website. To access this book online, click below.

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