pa110 civil litigation i
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PA110 Civil Litigation I
Unit 9 Seminar
Instructor: Brian Craig
Unit 8 Review
Pre-trial motionsADR
Examples of pre-trial motions:Motion to compelMotion for default judgmentMotion to dismissMotion for summary judgment
Graded Items in Unit 9
Unit 9Seminar (5 points)Discussion (20 points)Unit 9 Assignment (60 points) –
Ethical QuestionFinal Exam (100 points)Deadline: 11:59 PM ET, Tuesday,
November 20
Unit 10
Unit 10:Seminar will be held (not graded;
reflection)Discussion (not graded; reflection)
Term ends: 11:59 PM ET, Tuesday, November 27
Final Exam
Deadline: 11:59 PM ET, Tuesday, November 20
20 questions (5 points for each question) – total 100 points
true/false and multiple choice questions
Cumulative (based on units 1-9)
2 hour time limit
Only 1 attempt
Click “save” often
Preparing for Trial
Voir dire:jury selectionchallenges for causeperemptory challenges
Jury instructions:Move for more plain English jury instructions
Unit 9 DiscussionJury Instructions and Voir Dire:
Here are the client assignments for the Unit 9 Discussion Board:
Plaintiff: First letter of last name is A-MDefendant: First letter of last name is N-Z
You only need to post and respond in the pull down menu/topic for your assigned group. Make sure to also post and respond in the pull down menu/topic for "voir dire" questions.
Unit 9 AssignmentYour client, Justin King, has informed you that before leaving Chicago on the date of the accident, he met friends for pizza and beer. He informed you that he “had quite a few” before getting on his Harley. Because he was unconscious immediately after the accident, no tests were conducted to determine if he was under the influence at that time.
Subsequently, you have learned that his toxicology reports from Paxton Medical Center were apparently erroneously destroyed by the hospital as part of its standard document retention policy. Justin has told you that he intends to lie in the upcoming litigation if he is asked if he had any alcohol prior to the accident. How should Justin’s legal team handle this situation?
Format for Unit 9 Assignment
double spaced lines
1 inch margins12 point standard font (Times New Roman, Arial)include an introduction and conclusionwrite in complete sentences and paragraphsUse Bluebook or APA citation format
As stated in the assignment instructions, the As stated in the assignment instructions, the length should be “a one to two page analysis of this length should be “a one to two page analysis of this ethical dilemma.”ethical dilemma.”
Bluebook
Citing model rules - Rule 12 in the Bluebook
Rule 12.9.5 and Rule 12.9.6 address citation of Model Codes, Restatements, Standards & Sentencing Guidelines, and ABA Code of Professional Responsibility and Opinions on Ethics.
ABA Model Rules of Professional Conduct
For text of rules, see link in courseSee Rules 1.2, 1.6, 3.3, 3.4, 4.1, 8.4
Sample Bluebook citation format:
“A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent.” ABA Model Rules of Prof'l Conduct R. 1.2(a)
Identify and Analyze ABA Rules
For this assignment, you should identify and For this assignment, you should identify and analyze at least three ABA Model Rules of analyze at least three ABA Model Rules of Professional Conduct. Professional Conduct.
Consider looking at rules 1.2, 1.6, 3.3, 3.4, 4.1Consider looking at rules 1.2, 1.6, 3.3, 3.4, 4.1
Relevant ABA Model Rules/Issues
Rule 1.2 Client-Lawyer RelationshipRule 1.2 Client-Lawyer Relationship
““A lawyer shall not counsel a client to engage, or assist a A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or client, in conduct that the lawyer knows is criminal or fraudulent”fraudulent”
Rule 1.6 Duty of ConfidentialityRule 1.6 Duty of Confidentiality
““A lawyer may reveal information relating to the A lawyer may reveal information relating to the representation of a client to the extent the lawyer representation of a client to the extent the lawyer reasonably believes necessary … to prevent, mitigate or reasonably believes necessary … to prevent, mitigate or rectify substantial injury to the financial interests or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the fraud in furtherance of which the client has used the lawyer's services”lawyer's services”
Relevant ABA Model Rules
Rule 3.3 Duty of Candor toward Tribunal (Court)
Rule 3.3(b)
“A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.”
What reasonable measures?
advise the clientmotion to withdraw
disclose to the court
Case References
In re Murray, 362 N.E.2d 128 (Ind. 1977) - disbarring an attorney found to have suborned perjury
In re Williams, 23 N.W.2d 4 (Minn. 1946) - disbarring an attorney who advised a client to destroy relevant documents
Review for Final Exam
Pleadings
Affirmative Defenses
Pre-trial Motions
Discovery
Voire Dire/Jury Instructions
Federal Rules of Civil Procedure
Apply just to civil cases (not criminal cases)
Rule 11: belief there is good basis in law and fact for any cause of action asserted in a complaint
Rule 26: scope of discoveryRule 33: interrogatoriesRule 35: physical and mental examinationsRule 37: sanctions for discovery abuseRule 56: summary judgment
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