# Course A

## BEFORE THE COURSE

First, you all need to understand the most basic but important word you will see in law constantly.

### Litigation Definition

Litigation is the process of taking legal action, simply put.

It exists not just in civil procedures but in criminal ones as well. Litigation usually refers to the time between the filing of a lawsuit and the beginning of a trial. Civil litigation involves writing motions, claims, and really just arguments as to why your side is right.

### Burden of Proof

The burden of proof is the obligation of the initiating party to dispute facts and prove their argument is more reasonable than the other side's. You find it in both civil and criminal proceedings but at two different levels. I will explain the level for civil cases.

### Preponderance of Evidence

The preponderance of evidence is a burden of proof that the plaintiff in civil proceedings has to fit. In simpler terms, the plaintiff has to prove that the defendant is liable at a 51% chance or more. Of course, the court won't be measuring percentages but it means that you just have to argue enough to get a slight foothold over the other side at the end of the day.

### Statute

Simply put, an Act of Congress/law.

### Calder v. Jones

Read it on Oyez.

### Richardson v. McKnight

Read it on Oyez.

## THE COURSE

Welcome, students.

**[CIVIL PROCEDURE]**

- I would like to welcome you all to the first class of your time here. If you have any questions or concerns, please do ask when appropriate. If you have any emergencies or need to go AFK, please inform me as soon as possible.
- During your studies here and your practice in Barklen, you will be facing the litigation process no matter where you go. Whether that be civil or criminal, there are rules you have to abide to as you act as counsel.
- Most things in law contain a complaint of some sort, where one party is asking for something from another party. These complaints are the firestarters for cases, trials, and even Supreme Court briefs.
- As lawyers, you will be going through tons of case law and I can bet that you will find a process to analyze cases. That being said, you should all know about the key elements that you will see in Barklen complaints. These elements include:

1) The name of the court,
2) The name of the plaintiff(s),
3) The name of the defendant(s),
4) The allegations,
5) The location(s) and date(s) of the alleged offenses, and
6) Relief sought of each or all alegations.

- These elements are the base of all complaints and you should often highlight any information that follows under these as a pretense to analyzing the specifics.
- That being said, those aren't the only elements. There are witnesses, evidence exhibits, statements, and many more factors that go into a case.
- I am sure you all know about the important figures within a civil lawsuit. There is:
1. A plaintiff.
2. A defendant.
3. Counsel for their respective parties.
4. A presiding judge.
5. And any witnesses and experts.
- These are also key elements that you want to pay attention to, as they all have their own part within the entire story of the case.
- There are a wide variety of motions, objections, and specifics that you want to look over for future practice and reference. Though, you will pick these up with experience.

Any questions?

**[TORTS]**

- Torts.
- Torts is the place where big bucks get spilled all over a plate and delivered once someone does something they aren't supposed to do.
- All civil cases include a tort of some sort which is the allegation. I am sure you have heard of class action lawsuits regarding consumer protection or maybe defamation between a company and celebrity.
- These lawsuits all have lawyers behind them and a stack of laws, books, receipts, and papers in general. So, we will start simple. What is a tort?
- Well, a tort is some form of misconduct from a party to another. Though, there are two elements that make up the tort:
1) The Wrongful Conduct.
- The plaintiff has to clearly explain to the court what the defendant did and why it was wrong. If you can't do that, the ship has already sunk.
2) The Aftermath.
- The plaintiff has to prove that the conduct harmed them in some shape or form.
- You should pay attention to these two elements and pick them out whenever you see civil cases, as they will assist you in your practice. In fact, you need to.
- All torts have these two elements, but that doesn't mean they can only have two. A tort such as defamation contains more requirements that need to be proven first.
- That being said, I am sure you know in criminal cases, defendants plead guilty or not guilty (most of the time). Well, in civil cases, it is a matter of being held liable or not.
- So, how does a court determine that someone is liable then? Aren't there tons of factors that can make a situation messy? There are.
- In civil cases, the court uses the standard called the preponderance of evidence. Basically, the plaintiff has to prove that the defendant is more likely to be liable than they are not. Of course, it can be the other way around.

Any questions?

**[ISSUE SPOTTING]**

- But enough of just listing some words, what are you all here for? Well, I could just list off some Rules of Civil Procedure and talk about them, but that isn't what law school is about. While it is true that lawyers have to abide by the rules, they don't come here to learn about those. They come here to learn about applying knowledge, comparing such knowledge, and analyzing the facts and uncertainties of a case.
- It does not matter if you are a Public Defender, State Attorney, Corporate Lawyer, or a lawyer for a small law firm, issue spotting is your best and worst enemy. You will be guided by case laws, statutes, and a variety of resources that will try to nudge you in the right direction.
- You are going to be tested regarding issue spotting. This is the warning that we give as professors.
- Do not take every fact for granted. Do not believe that one case is completely the exact same as another. Most importantly, do not assume facts.
- Course A is shorter than most of our other courses, yet it is the most difficult one. Students are not prepared for issue spotting and flunk the exam, which terminates their studies here for the entire class.
- Though, do not be scared. Why? Because all the professors had to go through it at some point too and got through it.
- As this course concludes, you will be referred to some extra information and knowledge to review. I recommend looking these over and start keeping them in mind for future reference.
- Remember our warning and do your absolute best on your exams.

## AFTER THE COURSE

Have students refer to some of the more important Rules of Civil Procedure for some brief knowledge (rules 2,3,4,5,6),
Have students refer to the Code of Ethics, this is the most important piece as it is a completely new code.