This comprehensive course takes a flexible approach in including legal ethics and discussion of “stare decisis,” a significant element in the common law system, as well as introducing students to some important and more detailed aspects of legal process and litigation in the US.
Class #1 Personal Introduction • Communication (Written and Oral Argument) • Stare Decisis and Common Law System Citizens United v. Federal Election Commission, 130 S.Ct. 876 (2010) Erie R. Co. v. Tompkins, 304, U.S. 64, 58 S.Ct. 817 (1938)
Class #2 Litigation Process Toward Jury Trial Drafting Complaint, 735 ILCS 5/2-615 (Hovorka v. Central Federal) Marshall v. Burger King Corporation, 222 Ill.2d 422 (2006) Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009) Notice Pleading (Federal) v. Fact Pleading (Illinois) Insurance Coverage Issues
Class #3 Pre-Trial Discovery Interrogatories (suggested; tailored), Ill. S.Ct. Rule 201 and 213 Riggs National Bank v. Cousin Marie Request to Produce Documents and Things, Ill. S.Ct. Rule 214 Depositions (Discovery; Evidence), Ill. S.Ct. Rule 212 Request to Admit Facts, Ill. S.Ct. Rule 216 Subpoenas – for Documents; for non-party Testimony Electronic Data Westbank v. Maurer, 276 Ill.App.3d 553 (2d Dist., 1995)
Class #4 Depositions – Examinations Before Trial Wide-Ranging, Relevant, but do not Invade Attorney-Client Privilege or Attorney’s Work Product, or use as Harassment Monier v. Chamberlain, 35 Ill.2d 351 (1966) Identify Weaknesses in Cases, Commit Party to Certain Set of Facts, Establish Background Facts and Any Inconsistencies, Criminal Past, Safety Manuals, other Witnesses, Prior Lawsuits, Prior or Subsequent Injuries, Extent of Damages (etc.)
Class #5 Jury Trial: Jury Selection (Voire Dire) Opening Statement Trial Testimony – According to Evidentiary Rules Closing Arguments Jury Instructions (Illinois Pattern Jury Instructions) Personal Juror Experience “Ensuring an Impartial Jury in the Age of Social Media” 11 Duke L. & Tech. Rev. 1 (2012)
Class #6 Students Conduct Depositions, Testimony, Oral Argument; Alternate Dispute Resolution; Arbitration; Mediation; Cost of Litigation
Study materials will be handed over to the students before and during the course.
Students conduct Depositions, Testimony, Oral Argument; Alternate Dispute Resolution; Arbitration; Mediation; Cost of Litigation.