Course Description
| Course Title: |
Personal Injury & E-Discovery |
| Course Number: |
PA 2212 |
| Credits: |
2 semester credits |
| Prerequisites: |
PA - Introduction to Law and Contracts |
| Recommendations: |
This course requires the knowledge of legal
analysis, the ability to do light legal research based on directions
provided by the instructor, and the aptitude to learn how to draft
pleadings or legal documents.
|
| Catalog Description: |
Examines selected major issues and themes in civil
litigation involving personal injuries and wrongful death with
primary emphasis on negligence and medical malpractice. Significant
case law, statutes, rules, procedures, and evidentiary and
e-discovery principles
will be covered. |
| Outcomes: |
Students will be able to:
- Demonstrate, interpret and analyze basic common law, statutes,
and rules relating to personal injury litigation.
- Perform and evaluate practical tasks a paralegal handles in a
personal injury case including legal research, investigation, and
trial preparation, organization and preservation of evidence,
drafting of motions and legal memorandum concerning various
evidentiary matters, settlement of personal injury disputes, and
case management.
- Explain the basics of a) the trial process, b) the burden of
proof, c) negligence law, and d) procedural considerations.
- Explain, interpret and analyze the law as it relates to specific
negligence cases, Minnesota statutory tort reforms, and the appeals
process available to the loser.
- Review, analyze and evaluate a general understanding of medical
malpractice and malpractice of other professionals.
- Explain and interpret the basic law of automobile liability,
premises liability, liquor liability, and products liability.
- Write a short memorandum as part of handling personal injury
cases.
- Draft, review and revise specific discovery documents,
including interrogatories, requests for production of documents,
and various e-discovery in a
personal injury case.
- Discuss various ethical considerations concerning the
handling of personal injury cases; avoidance of interactions
with dishonest clients, familiarity with prohibited practices,
"runners", "cappers", and "ambulance chasing", the need to
maintain client confidentiality at all times, and the
ramifications for not abiding by the professional code of
conduct or following ethical standards.
- Explain methods of Alternative Dispute Resolutions for
personal injury matters such as mediation and arbitration.
|
| Topics Covered: |
- Introduction, Definitions and the Courts (2 Hours)
- Client Interview; Summary; Questionnaire, and Retainer Agreements
(2 Hours)
- Documentation/Organization of Files, Legal Malpractice and
Ethics. (2 Hours)
- Review all Authorizations/Releases, Medical and Police
Records.(2 Hours)
- No-Fault Insurance
Issues, Dram Shop and Liquor Liability
(2 Hours)
- Pleadings, i.e. Summons, Complaint, Answers & Counterclaims)
(3 Hours)
- Discovery, E-Discovery, Depositions, Motions (6 Hours)
- Statement of the Case and Proposed Jury Instructions
(3 Hours)
- Trial Preparation, and Video Testimony (3 Hours)
- Case Chronology/Outline, Exhibit Lists, Trial Notebook (3 Hours)
- Final Argument and Case Briefs.
(2 Hours)
- Arbitration and Settlement.(2 Hours)
Total Semester Hours: 32 Hours |
| Course Objectives: |
To acquaint the paralegal student with personal
injury litigation beginning with client interviews, retainer
agreements, setting up a case file, including but not limited to,
correspondence with doctors, governmental agencies and employers.
The student will also prepare for a lawsuit including the drafting
of summons, complaints, answers, counterclaims, and e-discovery.
|
| Outcomes Measures: |
The student may take and/or prepare various legal
document drafting exercises including memorandums, pleadings, briefs, case
chronologies, discovery, deposition summaries. Case management and
computer technology may be used to complete projects assigned.
Discussion, participation, and attendance in class may be part of
the grade. Analytical problem solving, short quizzes, and written
and oral projects may be conducted. The final grade will be a full letter grade (A-F). |
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