Course Summary

Course : LSTD207 Title : Civil Practice and Procedure

Length of Course : 8 Faculty :
Prerequisites : N/A Credit Hours : 3

Description
Course Description:

This course is an overview of civil practice and procedure and will examine the process that
courts must follow when hearing cases of a civil nature. During the course of study, students
will learn how a lawsuit is commenced, what kind of service of process is required, the types
of pleadings, motions, and orders allowed in civil cases, the timing and manner of discovery,
the conduct of trials, the process for judgment, various available remedies, and how the
courts and clerks must function. The course focuses on the legal skills involving interviewing
and counseling for civil cases, the drafting of legal documents for civil cases, and legal ethics
focused specifically on civil cases. Course topics include civil trial practices of pleadings,
motions, discovery, pre-trial conferences, jury selection, trial protocols, and appellate
strategies.

Course Scope:

This course will provide practical, broad-based information on types of problems faced in
civil litigation. The material and assignments are designed to present a variety of civil
procedure issues and perspectives.

Topics include service of process, issues in determining and applying rules for jurisdiction,
standing to bring civil cases, res judicata, and judgments. The overall theme is to address a
broad range of civil procedure topics essential for the practice of
law.

Objectives
After successfully completing this course, you will be able to:

CO 1: Classify jurisdiction by its types, methods of establishing, and ways to challenge.

CO 2: Conduct legal analysis of a court opinion.

CO 3: Properly use legal terms.

CO 4: Properly use legal technology.

CO 5: Describe venue and how it applies to civil lawsuits.

CO 6: Apply civil procedure to the basics of motion practice.

CO 7: Distinguish between motions to dismiss and motions for summary judgment.

CO 8: Illustrate the basics of discovery.

CO 9: Understand the value of common pleading and discovery practices.

CO 10: Understand the relationship between civil procedure and different kinds of
judgments.

CO 11: Understand the legal purposes of both res judicata and collateral estoppel.

Outline

Week 1:
ASSIGNED READING & TOPICS

Please review all the readings and other resources for Week 1, located in the Content section
of the classroom.

Course/ Learning Objectives

CO-1: Classify jurisdiction by its types, methods of establishing, and ways to challenge.
CO 2: Conduct legal analysis of a court opinion.
CO 3: Properly use legal terms.

***

LO 1: Relying on the Week 1 materials, students will explain their understanding of the legal
meaning of jurisdiction as used within selected case law.
LO 2: Relying on the Week 1 materials, students will determine the jurisdictional
requirements presented in different factual scenarios.
LO 3: Relying on the Week 1 materials, students will understand how federal subject matter
jurisdiction is used within selected case law.
LO 4: Relying on the Week 1 materials, students will apply jurisdictional legal fundamentals
to determine where lawsuits can be brought within different factual scenarios.
LO 5: Relying on the Week 1 materials, students will describe how federal personal
jurisdiction is used within realistic legal case situations.
LO 6: Using the Week 1 materials, students will analyze how the facts and law presented in a
given court opinion affected its jurisdiction determination.
LO 7: Students will demonstrate that they can apply accurately legal terminology presented
during Week 1.

Assignment: Complete the mandatory CALI Lessons on Specific Jurisdiction and on

Transient Jurisdiction, then answer 3 questions. Please see the details for this under “Course
Tools”, and then click on “Assignment.”

Discussions:

• Introduction: Post your own Introduction no later than Thursday evening and reply to
other students by Sunday.

• Respond to Week #1 Discussion Question by Thursday and reply to classmates by

Sunday.

Week 2:
ASSIGNED READING & TOPICS

Please review all the readings and other resources for Week 2, located in the Content section
of the classroom.

Course/ Learning Objectives

CO 2: Conduct legal analysis of a court opinion.

CO 3: Properly use legal terms.
CO 4: Properly use legal technology.
CO 5: Describe venue and how it applies to civil lawsuits.

****

LO 1: Using the Week 2 materials, students will analyze how the facts and law presented in a
given court opinion affected its jurisdiction determination.
LO 2: Students will demonstrate that they can apply accurately legal terminology presented
during Week 2.
LO 3: Relying only on the APUS library resources, students will demonstrate that they can
use technology correctly to conduct basic legal research.
LO 4: Using the Week 2 materials, students will understand how venue relates to determining
jurisdiction.
LO 5: Using the Week 2 materials, students will apply the legal meaning of venue to realistic
factual scenarios.

Assignment: Complete the Week 2 Practical Exercise. Please see the details for this under
“Course Tools”, and then click on “Assignment.”
Discussion
Respond to Week 2 Discussion question by Thursday and reply to other students by Sunday.

Week 3:

ASSIGNED READING & TOPICS

Please review all the readings and other resources for Week 3, located in the Content section
of the classroom.

Course/ Learning Objectives

CO 3: Properly use legal terms.

CO 4: Properly use legal technology.
CO 6: Apply civil procedure to the basics of motion practice.
CO 7: Distinguish between motions to dismiss and motions for summary judgment.

****

LO 1: Students will demonstrate that they can apply accurately legal terminology presented
during Week 3.
LO 2: Relying only on the APUS library resources, students will demonstrate that they can
use technology correctly to conduct basic legal research.
LO 3:Using the Week 3 materials, students will demonstrate understanding of the importance
of properly written motions in the pre-trial litigation process.
LO 4: Using the Week 3 materials, students will differentiate between the components of,
and uses for, both motions to dismiss (MTD) and for summary judgment (MSJ).

Assignment: Complete the Week 3 Practical Exercise. Please see the details for this under
“Course Tools”, and then click on “Assessment.”

Discussion: Respond to Week 3 Discussion question by Thursday and reply to classmates by

Sunday.

Week 4:

ASSIGNED READING & TOPICS

In preparation for the Midterm, review all the material in the lessons for weeks 1 - 3.

Course/Learning Objectives

CO 1: Classify jurisdiction by its types, methods of establishing, and ways to challenge.

CO 2: Conduct legal analysis of a court opinion.
CO 3: Properly use legal terms.
CO 4: Properly use legal technology.
CO 5: Describe venue and how it applies to civil lawsuits.
CO 6: Apply civil procedure to the basics of motion practice.
CO 7: Distinguish between motions to dismiss and motions for summary judgment.
CO 8: Illustrate the basics of discovery.

LO 1: Relying on the Week 1 - 4 materials and other academic quality resources, students
will explain their understanding of the legal meaning of jurisdiction.
LO 2: Relying on the Week 1-4 materials and other academic quality resources, students will
determine the jurisdictional requirements presented in different factual scenarios.
LO 3: Relying on the Week 1-4 materials, and any other academic quality resources, students
understand how federal subject matter jurisdiction is used within selected cases.
LO 4: Relying on the Week 1- 4 materials, and any other academic quality resources,
students will assess the fundamentals of determining where lawsuits can be brought.
LO 5: Using the Week 1-4 materials, and other academic quality resources, students will
analyze how the facts and law presented in a given court opinion affected its jurisdiction
determination.
LO 6: Students will demonstrate that they can apply accurately legal terminology presented
during Weeks 1-4.
LO 7: Relying only on the APUS library resources, students will demonstrate that they can
use technology correctly to conduct basic legal research.
LO 8: Using the Week 1-4 materials, and other academic quality resources, students will
explain how venue relates to determining jurisdiction.
LO 9: Using the Week 1-4 materials, and other academic quality resources, students will
apply the legal meaning of venue to realistic factual scenarios.
LO 10: Using the Week 1-4 materials, and other academic quality resources, students will
demonstrate understanding of the importance of properly written complaints in the pre-trial
litigation process.
LO 11: Using the Week 1-4 materials, and other academic quality resources, students will
differentiate between the components of, and uses for, motions to dismiss and for summary
judgment.
LO 12: Using the Week 1-4 materials and other academic quality resources, students will
apply discovery-related procedures and concepts to factual patterns.

Assignment: Take open-book Midterm Exam. The midterm exam may be found in “Course
Tools”, and then click on “Quizzes”.

Discussion: Respond to Week 4 Discussion question by Thursday and reply to classmates by

Sunday.

Week 5:

ASSIGNED READING & TOPICS

Please review all the readings and other resources for Week 5, located in the Content section
of the classroom.
Course/ Learning Objectives

CO 3: Properly use legal terms.

CO 6: Apply civil procedure to the basics of motion practice.
CO 8: Illustrate the basics of discovery.
CO 9: Understand the value of common pleading and discovery practices.

****

LO 1: Students will demonstrate that they can apply accurately legal terminology presented
during Week 5.
LO 2: Using the Week 5 materials, students will understand how other common pleadings
and pre-trial practices relate to the overall litigation process.
LO 3: Using the Week 5 materials, students will evaluate the burdens of production and
persuasion within provided scenarios.

Discussion: Respond to Week 5 Discussion question by Thursday and reply to classmates by

Sunday.

Week 6:

ASSIGNED READING & TOPICS

Please review all the readings and other resources for Week 6, located in the Content section
of the classroom.

Course/ Learning Objectives

CO 3: Properly use legal terms

CO 4: Properly use legal technology.
CO 10: Understand the relationship between civil procedure and different kinds of
judgments.

****

LO 1: Students will demonstrate that they can apply accurately legal terminology presented
during Week 6.
LO 2: Relying only on the APUS library resources, students will demonstrate that they can
use technology correctly to conduct basic legal research.
LO 3: Using the Week 6 materials, students will be able to differentiate between judgments
as a matter of law (JMOL, aka directed verdict) and judgments notwithstanding the verdict
(JNOV).
LO 4: Using the Week 6 materials, students will understand the meaning of a new trial under
FRCP 59.

Assignment: Complete the Week 6 Practical Exercise. Please see the details for this under
“Course Tools”, and then click on “Assignment.”
Discussion: Respond to Week 6 Discussion question by Thursday and reply to classmates by
Sunday.

Week 7:

ASSIGNED READING & TOPICS

Please review all the readings and other resources for Week 7, located in the Content section
of the classroom.

Course/ Learning Objectives

CO 3: Properly use legal terms.

CO 11: Understand the legal purposes of both res judicata and collateral estoppel.

****

LO 1: Students will demonstrate that they can apply accurately legal terminology presented
during Week 7.

LO 2: Using the Week 7 materials, students will distinguish accurately between res judicata
and collateral estoppel.

LO 3: Using the Week 7 materials, students will understand how res judicata and collateral
estoppel affect the legal meaning and effect of judgments.

Discussion: Respond to Week 7 Discussion question by Thursday and reply to classmates by

Sunday.

Week 8:

ASSIGNED READING & TOPICS

In preparation for the final exam, review the lessons for each week of the course that can be
found in the Content section of the classroom. The exam will cover the entire course.

Course/ Learning Objectives

CO 3: Properly use legal terms.

CO 4: Properly use legal technology.
CO 6: Apply civil procedure to the basics of motion practice.
CO 9: Understand the value of common pleading and discovery practice.
CO 10: Understand the relationship between civil procedure and different kinds of
judgments.
CO 11: Understand the legal purposes of both res judicata and collateral estoppel.

LO 1: Students will demonstrate that they can apply accurately legal terminology
presented during Weeks 5-8.
LO2: Relying only on the APUS library resources, students will demonstrate that they can
use technology correctly to conduct basic legal research.
LO 3: Using the Week 5-7 materials, students will be able to differentiate between
judgments as a matter of law (JMOL, aka directed verdict) and judgments notwithstanding
the verdict (JNOV).
LO 4: Using the Week 6 materials, students will understand the meaning of a new trial
under FRCP 59.
LO 5: Relying on the Week 5 - 8 materials, and any other academic quality resources,
students will understand how other common pleadings and pre-trial practices relate to the
overall litigation process.
LO 6: Using the Week 7 materials, students will distinguish accurately between res
judicata and collateral estoppel.
LO 7: Using the Week 5-7 materials, students will understand how res judicata and
collateral estoppel affect the legal meaning and effect of judgments.

Assignment: Take the open-book final exam, which can be accessed in the “Quizzes”
section of the classroom.

EVALUATION

Discussions: The questions and topics posed in the Discussions are designed to promote
thought and insight. Students must provide a critical review of the questions, topics and
issues posed and substantively reply to the contributions of at least three peers. Individual
postings should include a full discussion of the content of the question posed and explain how
it relates to the concepts in the weekly text readings and other resources. The postings should
be analytic in nature and include comparisons/contrasts, and examples that can bolster your
point. The Discussions are for your benefit and it is important to respond to each discussion
topic and to engage others in a running dialogue.

Your initial post should be made by Thursday this week. You should then respond to 3 or
more posts. Note that at least one response to your classmates must be made before Sunday.
If you make all of your responsive posts on Sunday, you will not earn full points for
timeliness.
This can be accomplished by:

• Validating with additional evidence from the literature.

• Posing a thoughtful question with commentary which generates further discussion.

• Providing an alternative point-of-view, with evidence and examples.

• Offering additional insight into how the concept might be understood, with evidence
provided with real world examples.

You should be active in the classroom throughout the week and actively engaged in the back-
and-forth discussion between your colleagues and the professor.

The discussion grading rubric can be found in gradebook by selection on the discussion entry.

Assignments: There are assignments due during Weeks 1, 2, 3, and 6. You can find them
under “Course Tools”, and then click on “Assignments.”

Exams: The course contains both a midterm and a final exam. Exams will be taken open
book. The exams will be posted in the classroom under the “Quizzes.” These exams may
contain a mix of multiple choice, true / false and essay questions.

The University will issue final official grades. Final grades will be posted in the electronic
classroom within 7 days after the course ends. Students should not telephone the University
looking for grades until, at least, 30 days after the end of the semester.

Please see the Student Handbook to reference the University’s Grading Scale.

Grading:

Name Grade %
Introduction Discussion 1.00 %
Intro 1.00 %
Discussions 29.00 %
Week 1 Discussion 4.16%
Week 2 Discussion 4.16 %
Week 3 Discussion 4.16 %
Week 4 Discussion 4.16
Week 5 Discussion 4.16 %
Week 6 Discussion 4.16 %
Week 7 Discussion 4.16 %
Exams 40.00 %
Midterm 20.00 %
Final Exam 20.00 %
Practical Exercises 30.00 %

Week 1, Practical Exercise 7.50%

Week 2, Practical Exercise 7.50%
 Week 3, Practical Exercise 7.50%
Week 6, Practical Exercise 7.50%

Materials

Book Title: Various resources from the APUS Library & the Open Web are used. Please visit
eReserve to locate the course.

Websites Available under the Content Section of the Classroom

In addition to the required course texts, public domain websites are useful. Please abide by
the university’s academic honesty policy when using Internet sources as well.

COURSE GUIDELINES

Writing Expectations

All written submissions should be submitted in a font and page set-up that is readable and
neat. Use correct grammar and checked for spelling and other errors prior to submission.
Specific details are provided in the respective assignments. Uploaded documents in the
Assignment section should be in Microsoft Word (.doc, .docx) format. Faculty may require
assignments be submitted to [Link]. [Link] will automatically analyze a paper
and report instances of potential plagiarism or overuse of quotes for the student to edit before
submitting it for a grade. The expectation is that the writing will be in your words after
analysis of the sources.

Citation and Reference Style

The central function of legal citation is to allow the reader to efficiently locate the cited
source. All courses in the Legal Studies program require that any narrative essay or
composition format follow the legal citation guidelines set forth in the Bluebook: A Uniform
System of Citation. (Only those who are not Legal Studies students may use APA style as an
alternative.)

Late Assignments
The amount of the penalty is at the faculty member’s discretion, up to the maximum
percentages outlined in the Late Assignment Policy. Faculty always have the discretion to be
more flexible than the Late Assignment Policy allows, but not less flexible. Faculty should
be consistent across students in their application of this policy and clearly communicate with
students about penalties applied. Faculty should accept late work submitted up to the end of
the class and they have the discretion to accept work submitted after the course ends as long
as it does not interfere with final grade submission deadlines.

Netiquette
Online universities promote the advancement of knowledge through positive and constructive
debate – both inside and outside the classroom. Discussions on the Internet, however, can
occasionally degenerate into needless insults and “flaming.” Such activity and the loss of
good manners are not acceptable in a university setting – basic academic rules of good
behavior and proper “Netiquette” must persist. Remember that you are in a place for the
rewards and excitement of learning which does not include descent to personal attacks or
student attempts to stifle the Discussion of others.

Humor Note: Despite the best of intentions, jokes and especially satire can easily get lost or
taken seriously. If you feel the need for humor, you may wish to add “emoticons” to help
alert your readers: ;-), : )

Disclaimer Statement
Course content may vary from the outline to meet the needs of this particular group.

Online Library
The Online Library is available to enrolled students and faculty from inside the electronic
campus. This is your starting point for access to online books, subscription periodicals, and
Web resources that are designed to support your classes and generally not available through
search engines on the open Web. In addition, the Online Library provides access to special
learning resources, which the University has contracted to assist with your studies. Questions
can be directed to librarian@[Link].

Charles Town Library and Inter Library Loan: The University maintains a special library
with a limited number of supporting volumes, collection of our professors’ publication, and
services to search and borrow research books and articles from other libraries.

Electronic Books: You can use the online library to uncover and download hundreds of
thousands of titles, which have been scanned and made available in electronic format.

Electronic Journals: The University provides access to over 12,000 journals, which are
available in electronic form and only through limited subscription services.

[Link]: AMU and APU civilian & Coast Guard students are eligible for 10 free hours of
tutoring provided by APUS. [Link] connects you with a professional tutor online 24/7 to
provide help with assignments, studying, test prep, resume writing, and more. [Link] is
tutoring the way it was meant to be. You get expert tutoring whenever you need help, and
you work one-to-one with your tutor in your online classroom on your specific problem until
it is done.

Legal Studies Program Guide: This should be your starting point as you explore the
resources available for the Legal Studies Program! APUS Online Library

University Policies
Student Handbook
Drop/Withdrawal policy
Extension Requests
Academic Probation
Appeals
Disability Accommodations
Late Submission Policy

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education with emphasis on educating the nation’s military and public service communities
by offering respected, relevant, accessible, affordable, and student-focused online programs
that prepare students for service and leadership in a diverse, global society.