SYLLABUS - Daniel J Blanchette JD



SYLLABUSCALIFORNIA CIVIL LITIGATIONPARA D097A Time: 2:30 – 4:20 p.m. Tuesday and Thursday Term: 2019 Fall De AnzaInstructor: Daniel J. Blanchette, JDContact: Danieljblanchette@OH: 11:00-12:00 noon, Wednesday in the Baldwin Winery and by appointment.INSTRUCTIONAL GOALS A.Ability to recognize and analyze existence of a cause of actionB.Ability to draft complaints and answersC.Location and drafting of civil discovery formsD.Ability to commence or respond to a lawsuitE.Preparing for and defending against expert testimonyF.Understand depositions, interrogatoriesG.Paralegal role at trialH. Understand remedies and selection ofThe structure of the class will be quite simple: lecture, notes, quizzes, exams and homework.Student Learning Outcomes:Student Learning Outcome: Demonstrate knowledge of both pre-commencement and initiation of litigation procedures and rules.Student Learning Outcome: Demonstrate knowledge and location of the appropriate rules and procedures governing litigation pleadings and motions.Student Learning Outcome: Outline and demonstrate the various roles a paralegal can take in civil litigation. RESOURCESRequired MaterialsTexts: Litigation By The Numbers, by Julie Goren; California Civil Litigation and Discovery, by Goren and PollingerTHE BOOKSTORE DOES NOT STOCK THESE BOOKS; YOU MUST ORDER FROM JULIE GOREN Note pad: Best to use the lawyer style padPen: Get a good one; you will be taking copious amounts of notesOnline Resourcescourtinfo. California State Court Formsleginfo. California Codes (statutes)COURSE SCHEDULEFirst Day:September 24, 2019Final Exam:Thursday, December 12, 1:45.m. to 3:45 p.m.In Between:You will take (at least) one quiz week, 3, worth 15 points;You will write one IRAC, worth 25 points;You will write a Statement of Fact, worth 25 points;You will have a midterm, worth 50 points, and a final, worth 100 points.. They are both difficult, and cumulative.We will cover approximately a chapter and a half per week, based on the companion text (the green one), and the binder (the white one).Week 1: Introduction to court systemsSummons LBN CH 1Week 2: JurisdictionWeek 3: QuizJurisdictionVenueWeek 4: Chapter 3, SupplementSources of LawDisctinctions between legal fora Discuss IRACWeek 5: Chapter 4, SupplementResponding to ComplaintMotionsIRAC is dueWeek 6: Review and Midterm-------------Week 7: LBN Chapter 2Calendaring DefaultDiscuss Lacrosse CaseWeek 8: LBN Chapter 4The Defendant AppearsWeek 9: Defendant respondsStatement of Fact dueWeek 10: Amended Pleadings Week 11: Products LiabilityReviewWeek 12: Final Exam POLICIES AND PROCEDURESGeneral Rules:See my Classroom Rules and Etiquette, attached to your syllabus, and available on my webpage: No Digital Devices of any kind: no lap-tops, no cell phones, no tablets.Grading Policies:I will grade you by pure points on assignments, quizzes and exams. Grammar Counts. A certain amount of subjectivity is inescapable. The same is true with all aspects of law. You are trying to convince a neutral arbitrator that you are more right than the other, really smart person. Neither of you is, in fact, totally right; the relevant question is: how well did you present your argument. Grading:There will be one or two (planned) quizzes, a midterm, at least two papers, and a final exam. The grading if purely by points earned; the quizzes are worth the least, the papers more, then the midterm, and the most heavily weighted is the final exam. There will be no extra credit assignments.Exams:I will spend a section on review before the midterm and final. I will also post a study guide to my website.There are no make-ups for the quizzes, and obviously no makeups for the final.There is a make-up for the midterm, with appropriate documentation, but, it will be different than the one taken in class: it will have an essay section, so, take it in class and skip the essay.See Rules Page as WellAttendance Policy:You are expected to be here for every class session. I will take roll.. Let me know if you are going to miss class, and find notes for the session. There will be many items that are not in the book; if I write it on the board, or otherwise bring an item to the attention of the class, you are responsible for it. Ergo, it is in your best interest to attend class every day.See Policy on Rules Page as well. Homework:It is your responsibility to keep up with the reading. I am not a proponent of busy work, so you will not be turning in assignments each week. I may assign a news related homework assignment, called “the law today”, and, if so, I will choose a few students to present to the class – I will choose you randomly.Late work: There will be a due date for assignments; if you miss that day, I will accept the assignment at the next class (with a 10% reduction in grade); I will not accept assignments past one class after the original due date.About the instructor:I earned a Doctor of Jurisprudence Degree in 2007 from Golden Gate University School of Law, and passed the California bar exam in 2009. I earned a Bachelor’s degree in English Literature from UC Berkeley, after transferring from Foothill College. I have been working and teaching in the Bay Area for the past eleven years. ................
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