LEG311 - Litigation II

Outline info
Semester
School
Last revision date 2017-05-29 00:30:36.592
Last review date 2017-07-17 00:15:30.319


Subject Title
Litigation II

Subject Description
As a continuation of Litigation 1 in the Legal Assistant program, you will review the processes and procedures generally used in a law office for the purpose of litigation.

Credit Status
This is a credit subject applicable towards the Legal Assistant Certificate Program offered through the Faculty of Continuing Education and Training.

Learning Outcomes
Upon successful completion of this subject the student will be able to:

At the end of this course the student should be able to:

• Describe and apply the advanced civil litigation process in order to work effectively under the supervision of a lawyer in the preparation of civil documentation
• Describe the role of the lawyer and legal assistant and the needs of clients in relation to files and the civil litigation process
• Prepare advanced civil litigation documentation
• Prepare Superior Court of Ontario forms
• Describe Superior Court of Ontario procedure
• Describe and apply the Rules of Civil Procedure

Essential Employability Skills
Communicate clearly, concisely and correctly in the written, spoken and visual form that fulfils the purpose and meets the needs of the audience.

Respond to written, spoken, or visual messages in a manner that ensures effective communication.

Apply a systematic approach to solve problems.

Use a variety of thinking skills to anticipate and solve problems.

Locate, select, organize, and document information using appropriate technology and information systems.

Analyze, evaluate, and apply relevant information from a variety of sources.

Show respect for diverse opinions, values, belief systems, and contributions of others.

Manage the use of time and other resources to complete projects.

Cheating and Plagiarism
Each student should be aware of the College's policy regarding Cheating and Plagiarism. Seneca's Academic Policy will be strictly enforced.

To support academic honesty at Seneca College, all work submitted by students may be reviewed for authenticity and originality, utilizing software tools and third party services. Please visit the Academic Honesty site on http://library.senecacollege.ca for further information regarding cheating and plagiarism policies and procedures.

Discrimination/Harassment
All students and employees have the right to study and work in an environment that is free from discrimination and/or harassment. Language or activities that defeat this objective violate the College Policy on Discrimination/Harassment and shall not be tolerated. Information and assistance are available from the Student Conduct Office at student.conduct@senecacollege.ca.

Accommodation for Students with Disabilities
The College will provide reasonable accommodation to students with disabilities in order to promote academic success. If you require accommodation, contact the Counselling and Disabilities Services Office at ext. 22900 to initiate the process for documenting, assessing and implementing your individual accommodation needs.

Prerequisite(s)
Litigation Practice and Procedure 1, Legal Terminology, Legal Office Procedures

Topic Outline
1. Overview of civil litigation process
a. Determine preliminary investigation and research
b. Determine the cause of action
c. Determine whether and how to proceed
d. Determine Court jurisdiction
e. Commence of proceedings
f. Understand Close of pleadings
g. Understand and prepare Judgments
2. Default Judgment
a. Prepare necessary Motions
b. Understand Jurisdictions
c. Understand Damages
d. Understand Liquidated damages
e. Prepare forms to sign default judgment
f. Prepare Bill of costs
g. Prepare Draft Judgments
h. Understand Writ of Seizure and Sale procedure
i. Prepare Write of Seizure and Sale documents
j. Understand Unliquidated damages
k. Understand how to set aside default judgment
l. Prepare documents to set aside default judgment
3. Summary Judgment
a. Understand summary judgment
b. Understand Adverse Reference
4. Pleadings - Counterclaims, crossclaims, third parties and amendments
a. Understand and prepare Counterclaims
b. Understand and prepare Statement of Defence and counterclaim
c. Understand and prepare Defence to Counterclaim
d. Understand and prepare Amended pleadings
e. Understand and prepare Crossclaims
f. Understand and prepare Pleadings in crossclaims
g. Understand and prepare Statement of Defence and Crossclaim
h. Understand and prepare Defence to Crossclaim
i. Understand and prepare Third Party claims
j. Understand and prepare Third Party defence
k. Understand and prepare Reply to third party
l. Understand and prepare Defence to the main action by the third party
5. Pretrial and trial proceedings
a. Determine the place of trial
b. Understand the benefits of whether the case will be tried with or without a jury
c. Understand Listing the case for trial
d. Understand and prepare Pretrial conference memorandums
e. Understand Pretrial conferences
f. Understand Admissions
6. Judgments
a. Understand Procedure for drafting, issuing and entering judgments and orders
b. Prepare Judgments and Orders
c. Determine the difference between and Judgment and an Order
d. Understand Judge’s Endorsements
7. Costs
a. Understand how costs are determined
b. Prepare a Bill of Costs after trial
c. Understand Assessment of Costs
d. Prepare necessary documentation for Assessment of Costs
e. Understand and prepare Offers to Settle
8. Appeals
a. Understand the Overview of court of appeal and appeal process
b. Understand Right to Appeal
c. Understand Court of Appeal
d. Understand Divisional Court
e. Understand and prepare Perfecting Appeals documentation
f. Understand and prepare Appeal Book
g. Understand and prepare Appellant’s Factum
h. Understand and prepare Respondent’s Factum
i. Understand and prepare Book of Authorities
j. Understand and prepare Compendium of Evidence and Exhibits
9. Case Management
a. Understand Purpose of case management
b. Understand and prepare Commencement of proceedings
c. Understand and prepare Case timetables
10. Mandatory Mediation
a. Understand What is mediation
b. Understand Mandatory mediation in Ontario
c. Understand Conduct of mediation
d. Understand Mediation procedure
e. Prepare files for mediation
f. Prepare the client for mediation
g. Understand and prepare Statement of Issues
11. Simplified procedure
a. Understand and prepare Application of the Simplified procedure
b. Understand and prepare Commencement of an action
c. Understand Differences between ordinary and simplified procedure
d. Understand and prepare Setting down for trial and pretrial

Prescribed Texts
Title: Civil Litigation
Author: Laurence Olivo & Mary Ann Kelly
Publisher: Emond-Montgomery
Edition: 3rd
ISBN: 978-1-55239-557-8

Promotion Policy

Grading Policy
A+ 90%  to  100%
A 80%  to  89%
B+ 75%  to  79%
B 70%  to  74%
C+ 65%  to  69%
C 60%  to  64%
D+ 55%  to  59%
D 50%  to  54%
F 0%    to  49% (Not a Pass)
OR
EXC Excellent
SAT Satisfactory
UNSAT Unsatisfactory

For further information, see a copy of the Academic Policy, available online (http://www.senecacollege.ca/academic-policy) or at Seneca's Registrar's Offices.


Modes of Evaluation
2 assignments - 30% each
40% final exam

The student must attain a combined grade of at least 50% on the term work and the final exam to pass the course.

Approved by: Sandra Noble