HomeMy WebLinkAboutLGL-202BERGEN COMMUNITY COLLEGE DIVISION OF BUSINESS, ARTS & SOCIAL SCIENCE DEPARTMENT OF LEGAL STUDIES
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COURSE TITLE: LGL-202 New Jersey and Federal Courts
PREREQUISITES: LGL-l0l, LGL-l03, LGL-203, LGL-220
COURSE DESCRIPTION: A study of the Rules of Court for the New Jersey
Court System as it relate to pleadings,
depositions, Interrogatories, summary judgment,
appellate practice, and principles of litigation
practice.
TEXTBOOKS: 1. 2015 NJ Rules of Court, Pressler/Verniero,
Gann Law Books
2.Civil Trial Preparation (ICLE), Greenberg &
Wolinetz (Recommended)
SUPPLEMENTAL COURSE MATERIAL: Materials shall be provided by the professor
during the semester to supplement required
textbook. LEARNING OBJECTIVES: 1. To provide the student with an understanding of
New Jersey and Federal Court Practice, systems
and procedure for civil actions.
Measure: Students will take examinations and
submit projects during intervals during the
course. These examinations will relate to
analysis of the New Jersey State and Federal
Court Systems and the processes and procedures
required by the respective components of the New
Jersey Judiciary.
Standard: At least 80% of all students will
receive an average grade of “70” or better on
these examinations and projects. Projects and
examinations will be reviewed with students and
concepts reinforced.
2. To provide the student with an understanding
of how to appropriately apply the NJ Rules of
Court to New Jersey Legal Actions by analysis of
particular rules, use of forms and hypotheticals
and examination of case studies.
Measure: Students will take examinations and
submit projects during intervals during the
course. Projects will include pleading and
motion drafting, use of forms and appropriate
practice aides. Students will be required to
utilize their legal research and writing skills.
Emphasis will also be placed on legal ethical
concerns. The examinations and projects will
relate to analysis of the New Jersey State and
Federal Court Systems and the processes and
procedures required by the respective components
of the New Jersey Judiciary.
Standard: At least 80% of all students will
receive an average grade of “70” or better on
these examinations and projects. Projects and
examinations will be reviewed with students and
concepts reinforced.
3. To provide the student with an understanding
of how the New Jersey System of Legal Ethics
applies to the NJ Rules of Court, the Court
System and to New Jersey Legal Actions through
analysis of particular rules, advisory opinions,
use of forms, hypotheticals and examination of
case studies.
Measure: Students will take examinations and
submit projects during intervals during the
course which will have required ethical
considerations. The ethical considerations will
relate to analysis of the New Jersey State and
Federal Court Systems and the processes and
procedures required by the respective components
of the New Jersey Judiciary.
Standard: At least 80% of all students will
receive an average grade of “70” or better on
these examinations and projects. Projects and
examinations will be reviewed with students and
concepts reinforced.
4. To provide the student with an understanding
of how legal research and writing applies to the
NJ Rules of Court, the Court System and to New
Jersey Legal Actions through analysis and
research of particular rules, advisory opinions,
court decisions, administrative regulations,
local ordinances, use of forms, hypotheticals and
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examination of case studies.
Measure: Students will take examinations and
submit projects during intervals during the
course which will have required legal research
and writing components. The legal research and
writing considerations will relate to analysis of
the New Jersey State and Federal Court Systems
and the processes and procedures required by the
respective components of the New Jersey
Judiciary. Proper citation and communication of
legal authority is reinforced.
Standard: At least 80% of all students will
receive an average grade of “70” or better on
these examinations and projects. Projects and
examinations will be reviewed with students and
concepts reinforced.
COURSE CONTENT:
SESSION #
(3 hours) 1 An explanation and review of the Federal and NJ
Court Systems, functions of each court, Writ of
Certiorari, Appeals Courts, Trial Courts, Law and
Chancery Divisions. Lecture.
(3 hours) 2 The concept of Jurisdiction, Analysis of R 4:4-4
et seq.: procedures for commencing the lawsuit,
use of the Summons and Complaint and procedures
for service of process. R 4:l through 4:4-8,
special emphasis on R 4:4-4.
(3 hours) 3 Pleadings in the Case: Rule Requirements for
Complaints, Answers, Counterclaim and Cross-
Claim. Rule 4:5-l through 4:6-7 and cases
annotated.
Assignment: Prepare Complaint & CIS.
(3 hours) 4 Case information statement, Third Party Practice,
Amended and Supplemental Pleadings. Rule l:5-6
plus C.I.S. appendix form XII plus Rule 4:7-l
through
4:9-4.
(3 hours) 5 Introduction to Discovery Theory and Practice.
(3 hours) 6 Methods and Scope of Discovery, Analysis of R
4:l0-2 and the "work product" exception,
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Protective Orders. Rules 4:l0 through 4:l0-4.
Review for Midterm
(3 hours) 7 Midterm. Use of Interrogatories and Depositions
for Discovery, Review for Midterm or assignment
of case problem. Rules 4:ll through 4:l6-4
(depositions) and rules 4:l7-l through 4:l7-8
(interrogatories) and assignment based on uniform
interrogatories, Appendix II, Forms A, B, and C.
(3 hours) 8 Discovery and Inspection of Documents and
Property; production of copies of documents;
expert's reports, Requests for Admissions. Rules
4:l8-l through 4:22-l.
(3 hours) 9 Procedures to Compel Discovery; Motions and
Sanctions; Pre-Trial Conferences; Demand for Jury
Trial; Dismissal of Actions (with prejudice and
without prejudice); Ethical Obligations to
Properly and Promptly Comply with Discovery
Rules. Rules 4:23-l through 4:23-5 plus lecture
(failure to provide discovery) and 4:25-l through
4:25-6 (pre-trial).
Assignment: Prepare motion, including: Notice of
Motion, Brief, Certification, Order and all
related correspondence. Project will require
legal research and trial court brief drafting.
Attention shall also include ethical implications
of motion and relationship to the Rules of the
Professional Conduct (RPC’s)-assignment of term
paper, if given.
(3 hours) l0 Judgment after Trial, Default Judgment; Entry of
Judgment; Satisfaction or Cancellation of
Judgment; Motion for Judgment N.O.V.; Enforcement
of Judgments by Execution. Entire controversy
doctrine, joinder of claims, claim for counsel
fees, review for Exam 2. Rule 4:27-l, (4:30A,
4:40-l, 4:42-l, 4:42-8, 4:42-9, 4:43-1, 4:43-2,
4:43-3, 4:45-l 4:47).
(3 hours) ll Motion for Summary Judgment; Introduction to
Appellate Procedure. Rule 4:46-l through 4:46-6
(summary judgement) and Appellate Practice, Rules
2:l and 2:2-5.
(3 hours) l2 Procedures to file an Appeal. Rules 2:3-l through
2:6-l2.
(3 hours) l3 Ethics in Processing Litigation; Frivolous
Actions, Rule 1:4-8, Failure to Join Necessary
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Parties, Pleading and Trial Certifications;
Review for Final Examination. Rule 4:28-l, 4:29-
l, 4:30 (parties); frivolous action; statute,
lecture.
Review for Final Examination
(3 hours) l4 Final Examination (or due date of term paper).
EVALUATION: Project #1 (complaint drafting) 25% Project #2 (preparation of motion documents) 25% Midterm 25% Final Exam 25%
100%
ATTENDANCE: Will be taken at each session and is subject to
the rules of the college. Attendance at lectures
is imperative to the acquisition and
understanding of the substantive material of the
course. Habitual absence (considered more than
two unexcused absences) and/or tardiness will
result in loss of credit (F grade or E grade) for
the course. Students are instructed to notify
the professor prior to absences, if known and are
responsible for the materials from classes which
are missed. Students are required to take all
examinations on the announced date or otherwise
scheduled at the discretion of the instructor.
All projects and examinations must be completed
for credit for the course. Late submissions will
be penalized a quarter grade for each day project
is late. If a student has an excused absence and
misses an exam, that student must be prepared to
take an exam on or before the first day of their
return to class. If a student has an unexcused
absence for an exam, that student will receive a
zero (F) grade for that exam. If a project has
not been handed in by the end of the semester,
the student will receive an F grade for that
project. If a student misses both the midterm
and the final examination that student will not
receive a passing grade in the class.
SUBMISSION OF LATE ASSIGNMENTS: STUDENTS SHALL BE ASSESSED A QUARTER GRADE PENALTY (e.g., B+ to a B; B to a C+) FOR EACH DAY THAT THE PROJECT IS LATE. ALL PROJECTS (INCLUDING HOMEWORK ASSIGNMENTS) MUST BE SUBMITTED BY SEMESTER’S END FOR THE STUDENT TO RECEIVE CREDIT FOR THE COURSE. IF ALL PROJECTS ARE NOT SUBMITTED BY THE FINAL ASSIGNMENT DUE DATE, STUDENT SHALL RECEIVE AN “F” GRADE FOR THAT ASSIGNMENT WHICH HAS NOT BEEN SUBMITTED.
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HOMEWORK: ASSIGNMENT SUBMISSION WILL BE REQUIRED FOR COURSE CREDIT AS ASSIGNED AND REQUIRED BY THE PROFESSOR.
FACULTY ABSENCE: A daily listing will appear in the glass case
located in the front lobby of the Administration
Wing of the main building which will indicate all
classes which are cancelled. Another listing
will appear in the glass case adjacent to the
Hotel/Restaurant bulletin board in East Hall and
on the Bergen Community College website.
Students may consult these bulletin boards and
website before going to class.
Cell/Smart Phones & Class Recording: The use of cell/smart phones and other electronic
devices is not permitted in class and all
students must turn off their cell phones prior to
class session. Class lectures may not be
recorded in any form.
Legal Studies Note: This course is considered a legal specialty course. All legal studies students must attain a “C” grade or better in all legal specialty courses as a prerequisite to registering for required Co-op course (LGL-462).
Class Conduct: Students are bound by and subject to the Bergen
Community College Rules/Code of Conduct.
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