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North Idaho College • Coeur d'Alene • Business & Professional Programs • Paralegal


Civil Procedures PLEG-105

  • Fall 2012

  • Section 01

  • 3.0 Credits

  • 08/28/2012 to 12/20/2012

  • Modified 10/25/2012



Contact Information


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Internet Office:
(9:00 AM - 1:00 PM)
 
 
 
POLS-275-01
HED 131
(8:00 AM - 8:50 AM)
 
 
 
POLS-275-55
SEC 204
(8:00 AM - 8:50 AM)
 
 
 
POLS-275-77
SVC 105
(8:00 AM - 8:50 AM)
 
 
 
Office:
LKH 237
(9:00 AM - 12:00 PM)
 
 
 
On Campus:
(12:00 PM - 1:00 PM)
 
 
 
BUSA-265-01
LKH 205
(1:00 PM - 2:15 PM)
 
 
 
Office:
LKH 237
(2:15 PM - 3:00 PM)
 
 
 
PLEG-106-01
MCL 103
(3:00 PM - 4:40 PM)
 
 
 
Internet Office:
(9:00 AM - 11:00 AM)
 
 
 
On Campus:
(11:00 AM - 2:00 PM)
 
 
 
On Campus:
(9:00 AM - 10:00 AM)
 
 
 
Office:
LKH 237
(10:00 AM - 11:00 AM)
 
 
 
PLEG-105-01
HED 227
(11:00 AM - 12:40 PM)
 
 
 
BUSA-265-01
LKH 205
(1:00 PM - 2:15 PM)
 
 
 
POLS-101-06
STR 102
(2:30 PM - 3:45 PM)
   
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Notes

Instructor: John Reese Esq.

Email: john_reese@nic.edu
Office: LKH 237
Phone: 208-769-3491

Meeting Times


This is a hybrid class that meets once a week for a live class session.  Those live class sessions will take place on TH, 11AM - 12:40PM in HED 227 except for test days.  On test days there will be no live class as tests are administered solely via Blackboard.  All other course work will be based in Blackboard and you will be required to check the announcements there often. 

All questions, comments or concerns that are class related should be directed to me via the Blackboard message system.  Other communications (not class related) can be directed to my NIC email, listed above. 

Description


Civil procedures is a course designed to teach students the steps necessary to institute and advance a civil lawsuit from the initial client interview through trial. Emphasis is placed on drafting documents instrumental in a civil lawsuit as well as understanding the process. This is a required course in the Paralegal and Legal Administrative Assistant programs. Lecture: 3 hours per week

Materials


Required Textbook: Civil Litigation 6th edition.

ISBN 1-1113-1222-2

Older edtions may be used but it is the student's responsibility to ensure that they have access to any materials from the current edition that we may use for assignments.

Outcomes


Upon completion of this course, students should know and be able to:

1.  Develop a working knowledge of the Federal and Idaho Rules of Civil Procedure as they pertain to initiation of lawsuits, pleadings, motions to dismiss, motions for summary judgment, discovery and trial.

2.  Demonstrate the ability to draft basic pleadings, motions, discovery documents and trial documents from provided fact scenarios.

3.  Develop the ability to analyze procedural issues and increase critical thinking and problem-solving skills in relation to civil procedure law.

4.  Demonstrate the ability to respect and work within existing civil procedure rules and recognize that the rules and the reasons for them evolve and change through recognized channels.

5.  Increase written communication and legal writing skills.

Assessment


Course Requirements and Grading 

I expect you to attend all lecture classes and use any unused class time as lab time.  A thorough understanding of the material can only come through class participation and part of your final grade depends upon your participation in class.  You are expected to read the assigned material BEFORE each class.  Students will be called upon for discussion.

 Grades to be awarded are derived by dividing all points earned by the total points possible and applying the percentage result value to the following percentage scale:

 Weekly Assignments: 20-30 points x 10-13 assignments 200-390 Points

 In-Class Participation:                                                   40  Points

 Periodic Exams  75 points x 3 exams                              225 Points

 Final                                                                           100 Points

  

Letter Grades

 

% of Points Possible

 

90-100%:    A

 

80-90:         B

 

70-80:         C

 

60-70:         D

 (NOTE: no plus or minus grades are awarded)

 Miscellanous Grading Concerns: 

 EXTRA CREDIT will be offered sporadically and will also be available on a case by case basis (see me for details)

 Most weekly assignments and forums are participation oriented. If you follow instructions, do the assignment on time, and give a good faith effort then you will get the points. Points get docked when folks fail to follow instructions, turn it in late, or give a bad faith effort (one that clearly doesnt follow the spirit of the assignment).

 Late assignments will not be accepted without a prior authorization.

ALL assignments must be typed and must be handed in via Blackboard unless otherwise directed by the instructor. Please do not attach files to your assignments submissions unless the assignment directions specifically allow for that.

The above points are only estimations and I reserve the right to change that schedule in my own discretion.

 

Course Policies


Attendance Policy

This class is largely participation oriented.  In order to get a good grade you must regularly participate in all in class and online activities.

 If an absence is anticipated, special arrangements may be made.

If you are ill, you must call or e-mail me before class time.  Even if we dont speak, your still need to give notice to me of your absence.

 

 These policies are non-negotiable.  Without compliance no make-up accommodations will be made.

Office Hours/Appointments

My profession is law, and as such I am happy to advise my students on any issues they may have, legal or academic.  

If needing to speak with me during office hours please try to make an appointment by either emailing (my preference) or calling. Thanks.

Method of Course Delivery

This class uses Blackboard as its platform for all assignments, tests, handouts, gradings and class announcements. (This doesnt mean that we wont also have in-class assignments) Nevertheless its advisable that if you havent used Blackboard or have questions about certain features that you take one the training sessions offered by NIC's IT department.

SYLLABUS CHANGES

This is a tentative syllabus. Schedules, grading criteria, assignments etc... may and usually do change slightly during the semester from the original syllabus.  As the instructor I reserve the right and discretion to alter it at anytime.   Any alterations will be posted on the online NIC directory version of the syllabus as soon as they are made and posted on Blackboard

Schedule


Course Schedule (tentative)

Week One: Overview of Syllabus, Class and Course Materials, Chapter 1 

Week Two: Chapter 2

Week Three: Chapter 3-4

Week Four: Chapter 4-TEST (over ch.1-4)

Week Five:  Chapter 5

Week Six: Chapter 6

Week Seven: Chapter 7

Week Eight:  Chapter 7- MIDTERM TEST (over ch. 5-7)

Week Nine: Chapter 8-9

Week Ten: Chapter 9-10

Week Eleven: Chapter 11-12

Week Twelve:  Chapter 13- TEST

Week Thirteen: TEST (over 8-13)- (Thanksgiving Break)

Week Fourteen:  Chapter 14

Week Fifteen: Chapter 15

Week Sixteen:  Chapter 16

Week Seventeen: FINAL  (cumulative, 1-16)

 

Division Policies


Student Responsibility
As outlined in the Student Code of Conduct, all North Idaho College students have both rights and responsibilities: Please access www.nic.ferpa.StudentCode/index.htm for complete information that pertains to this subject.

For a complete explanation of the North Idaho College Statement on Academic Honesty & Academic Integrity please refer to Policy 5.06 & Procedure 5.06.01: 
http://www.nic.edu/modules/images/websites/121/file/section5/5.06.01policy.pdf


Academic Integrity

 

Disruptive behavior in the class is not tolerated. To quote from the NIC "Student Code of Conduct," Article II, (found in the Student Handbook):

 In order to carry out North Idaho College's Mission and to create a community of learners, the students, faculty, staff, and administrators must share common principles or values.  These values - which include honesty, trust, fairness, respect, and responsibility - make up academic integrity.

 

II.  Academic Dishonesty.

 Violations of academic integrity involve using or attempting to use any method that enables an individual to misrepresent the quality or integrity of his or her work at North Idaho College.  These violations include the following:

 Cheating:  using or attempting to use unauthorized materials, information, or study in any academic exercise.

Fabrication:  falsifying or inventing any information or citation in an academic exercise.

 Plagiarism:  knowingly representing the words, ideas or work  of another as one's own in an academic exercise.

 Violation of Intellectual Property:  stealing, altering, or destroying the academic work of other members of the community or the educational resources, materials, or official documents of the college.

 Facilitating Academic Dishonesty:  knowingly helping another to attempt to violate any provisions of this policy.

 

 Our department strongly endorses the above code, believing that no learning can take place if a strong commitment to academic integrity is compromised.

 

Any unethical behavior, including any violation of academic integrity or instance of plagiarism, may result in a grade of zero for an assignment in question or failure of the course.

 

Institutional Policies


Student Responsibilities

As students undertake to fulfill the obligations and duties outlined in this document, the college community of which they are a part undertakes to respect the basic freedoms of students. In recognition of students’ rights and dignity as members of the college, North Idaho College is committed to the principles found in the NIC Student Handbook.

Center for Educational Access/Disability Support Services

In compliance with the Americans with Disabilities Act of 1990 and Section 504/508 of the Rehabilitation Act of 1973, North Idaho College provides accommodations to eligible students who experience barriers in the educational setting due to learning, emotional / mental, physical, visual, or hearing disabilities.  Instructors will provide accommodations to students only after having received a Letter of Accommodation from the Center for Educational Access. 

If a student would like to request accommodations, he or she must contact the Center for Educational Access so that a Letter of Accommodation may be sent to the instructor.  Students requesting accommodations must contact the Center for Educational Access at the beginning of each semester.

Non-Payment

By registering at North Idaho College, you agree to provide payment by the due dates. You also understand that collection costs and legal fees will be added if the services of a collection agency are utilized.

If you are registered for a class and do not attend, you will still be liable for the tuition unless you drop the class.

Withdrawal

Last day for students to withdraw from semester-length classes for the fall term: November 7, 2011. 

Instructor-Initiated Withdrawal: Instructors have the right to withdraw students for academic reasons up until the same date; in doing so, instructors must notify students through NIC e-mail within 48 hours of submitting documentation to the Registrar's office, and students have the right to appeal the instructor's decision. For more information, see the NIC Procedure: http://www.nic.edu/modules/images/websites/121/file/section5/5.04.02procedure.pdf.

Financial Aid Satisfactory Progress Policy: All withdrawals, whether for individual classes, total withdrawal from school, or instructor-initiated are not considered to be satisfactory progress for financial aid.  See the Financial Aid Satisfactory Progress Policy: http://www.nic.edu/Websites/index.asp?dpt=29&pageID=1336

Additional withdrawal information:  http://www.nic.edu/catalog

Incompletes

An incomplete is assigned only if the student has been in attendance and has done satisfactory work to within three weeks of the end of the semester (or proportional length of time for a course of less than a semester in length).  Incompletes are issued only in cases of extenuating circumstances, such as severe illness or injury.  Incompletes are not issued in cases in which the student is simply unable to complete his/her work within the specified semester or session.  If a final grade of "I" is recorded, the instructor will indicate in writing to the Registrar what the student must do to make up the deficiency.  The instructor will indicate in the written statement what permanent grade should be entered if the Incomplete is not removed by the deadline.

All incomplete grades must be removed within six weeks after the first class day of the following term, excluding the summer session.  If the Incomplete is not removed by that date, the grade reverts to the grade indicated by the instructor's written statement authorizing the incomplete.

Discrimination and Harassment

North Idaho College has a zero tolerance policy for any acts of discrimination or harassment of any kind.  For more information, please see the NIC Student Handbook, Code of Conduct Article III and Article VIII. Compliance efforts with respect to these laws and regulations are the responsibility of each member of the campus community and are under the direction of the Dean of Students Office for Student Issues (2nd floor, ESU, 676-7156) and the Human Resources Office (Sherman Administration Building, 769-3304) for employee issues.

Institutional Statement


DROP FOR NON-PAYMENT:  By registering at North Idaho College, you agree to provide payment by the due dates. You will be dropped from classes if payment is not received by  5 p.m. Pacific Time on the third day of the semester. Students on the waitlist will be given the option to register for classes after students are dropped for non-payment.

DROP FOR NON-ATTENDANCE:  You must attend and participate in the first week of this class. Failure to do so will result in your being dropped from this class and may result in your financial aid award being reduced. For Internet classes, attendance is based on participation in an instructional activity; you must complete the first week’s assignment(s) by the assignment due date. Drop for non-attendance occurs at 5 p.m. Pacific Time on the second Tuesday of the semester.