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Practice, Procedure, and Remedies
Please make your selection from the list below:
Advanced Arbitration Skills (PRMD9224)
2 credits. Skills.
Prerequisite: Dispute Resolution Processes
This skills course is an intensive study of the law relating to arbitration. Coursework will focus on the many applications of arbitration, and discussion topics will include judicial review, enforcement of arbitration awards, and the application of the arbitration process to the public and private sectors. Students will participate in simulated exercises, with evaluation and critical analysis by other students and faculty. Course is graded High Pass, Pass/ D or Fail.
back to topAdvanced Civil Practice (PRMD9128)
2 credits. Skills.
Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice
Note: Students cannot take Advanced Civil Practice (PRMD 9128) course and Advanced Criminal Trial Practice (PRMD9219).
From client interview to verdict, this interactive skills course will prepare students for the reality of civil practice. Building on Persuasion & Advocacy (which is a pre-requisite) the course will teach the skills involved in filing and litigating a civil case. Discovery, depositions, and dispositive motions will be addressed along with trial issues and even a few post trial motions. Course is graded High Pass, Pass/D or Fail.
back to topAdvanced Criminal Practice (PRMD9219)
2 credits. Skills.
Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice.
Note: Students cannot take this course and Advanced Civil Trial Practice (PRMD9218).
This interactive skills course will prepare students for the reality of criminal practice. Building on Persuasion & Advocacy (which is a prerequisite), the course will teach the skills involved in prosecuting and defending a criminal case. Topics covered will include planning and investigation of a criminal case, development of theories and themes, jury voir dire and selection, witness examination techniques, use of informants, preparation of jury charges, and post-trial motions. Course is graded High Pass, Pass/D or Fail.
back to topAdvanced Mediation Skills (PRMD9228)
2 credits. Skills.
Prerequisite: Dispute Resolution Processes
This skills course explores the dynamics, benefits, and constraints of mediation as a dispute resolution process. It examines mediation as a collaborative process of resolving conflict and considers legislative, ethical and practical limits on its use. Through discussions, simulations and case studies, the course focuses on the skills a mediator must have to facilitate a constructive resolution of conflict. The course will also examine the strategies and techniques used by advocates to accomplish beneficial outcomes in mediation. After initial skills training in the course, students may have the opportunity to act as mediators in actual disputes, such as those pending before small claims courts, municipal courts, and governmental agencies. Course is graded High Pass, Pass/ D or Fail.
back to topAdvanced Negotiation Skills (PRMD9226)
2 credits. Skills.
Prerequisite: Dispute Resolution Processes
This skills course combines a theoretical and practical approach to the role of the lawyer as negotiator. It examines the types of negotiation, the role of the lawyer as negotiator, the ethics of negotiation, and the structure of negotiation (including negotiation techniques, planning for negotiation, etc.). The course utilizes simulated negotiations, both bilateral and multilateral, with evaluation and critical analysis by other students and faculty. Course is graded High Pass, Pass/ D or Fail.
back to topComplex Litigation - Course (PRMD7207)
3 credits. Lecture.
This course examines the theory and practice of multiparty and other complex cases. It covers a range of advanced procedural topics, including joinder, consolidation, multidistrict litigation, class actions, choice of law, counsel coordination, bifurcated trials, and remedies. The course will examine these topics at both a practical and a theoretical level, considering litigation strategy as well as theoretical perspectives on the adversary system
back to top3 credits. Lecture.
This course studies problems relating to transactions and relationships with multi-jurisdictional elements. It includes: common law rules and theories; underlying policies; modern approaches; constitutional limitations in national and international law; jurisdiction of courts; and the effect of foreign judgments.
back to topDiscovery and Depositions in Civil Litigation (PRMD9212)
2 credits. Seminar.
Prerequisite: Evidence.
The vast majority of cases are not won or lost at trial, but rather are won or lost during pretrial discovery. This is the reason why more than 90% of all civil cases settle before the trial. "Discovery and Depositions in Civil Litigation" will initially teach the students how to promulgate and respond to all forms of paper discovery in complex cases involving science, medicine and technology. The vast majority of the course will be devoted to teaching the students how to skillfully take depositions in such complex cases. As the vast majority of trial lawyers spend far more time taking depositions than trying cases, this course will provide law students with the valuable skills needed to assume active roles in pretrial discovery immediately upon passing the bar. This course will utilize the case study method based on the record of three actual cases. The initial portion of the course will comprehensively but quickly review the federal and New Jersey rules of pretrial discovery, including those rules regulating use of interrogatories, depositions, requests for documents, requests to admit, and subpoenas. Each student will be required to prepare a short paper to demonstrate their knowledge of these rules. Each student will then be required to draft and respond to each type of pretrial request for discovery utilizing the facts of one of the actual cases. The majority of the time spent in the course will be devoted to teaching the students how to properly and comprehensively take the pre-trial depositions of the parties and experts in the actual cases. The course will first examine the case law regarding pretrial depositions. The students will then be required to prepare deposition outlines and take the depositions of the plaintiffs, defendants or the experts in the actual case. The parties and expert witnesses will be portrayed by either an instructor or a student, and counsel for the witness will also be portrayed by an instructor or another student who will defend the deposition. Each student will be obligated to take at least four depositions in front of the entire class. Mistakes, e.g., improperly or poorly worded questions and tactical errors or omissions, will be corrected on the spot and redone until proper. For the first two case studies, the students will initially be given, in addition to the medical or other relevant records and expert reports, the transcripts of the depositions of the parties or experts that were actually taken by the lawyers in these two cases. However, for the third case the students will be expected to demonstrate that they have mastered the ability to take a deposition without the benefit of the actual transcripts. The students will be graded on their preparation of a pretrial discovery memorandum, various pretrial discovery documents and several deposition outlines. The final exam will consist of taking the deposition of a defendant or expert in the third case study.
back to topDispute Resolution Processes (PRMD8209)
2 credits. Lecture.
This course will explore negotiation, mediation and arbitration as process alternatives to litigation to resolve legal conflicts as well as the principle court-annexed ADR alternatives now used to resolve litigation at the earliest opportunity. In addition to understanding these ADR processes, this course will provide an in depth understanding of the federal and state statutes and case law which govern and enforce the pre-dispute contractual election to opt for private neutral-administered mediation and arbitration as alternatives to public trials before a court and jury.
back to topElectronic Discovery (PRMD8218)
2 credits. Skills.
Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice
It is a fact of modern life that an enormous volume of information is created, exchanged, and stored electronically. Conventional documents originate as computer files, e-mail is taking the place of both telephone calls and postal letters, and electronically stored information (ESI) is commonplace in our personal lives and in the operation of the businesses, public entities, and private organizations. In the past decade, discovery involving word-processed documents, spreadsheets, e-mail, and other ESI has become more routine and no longer a product of large cases involving sophisticated entities. This interactive course is designed to give students an understanding of (1) the legal landscape that has developed since the amendment to the court rules two years ago, (2) how to manage and balance e-discovery issues that will inevitably arise in their practice, and (3) the technology behind the legal issues that arise in the e-discovery context. Course is graded High Pass, Pass/D or Fail.
back to topSecond year day or evening. 3 credits. Lecture.
Note: Students cannot apply both Evidence (PRMD7201) and Evidence in Practice and in Depth (PRMD7205) towards degree requirements.
This course analyzes the regulation of proof in judicial proceedings. It includes: burdens of production and persuasion; judicial notice; presumptions; relevance and its counterweights; the fundamental requirements for admission of testimonial, documentary and non-testimonial evidence; the nature and function of expert testimony; the hearsay rule and its exceptions; character evidence; rules of preference; fixed rules of relevance, and rules of exclusion based on non-inferential policies. (Evidence in Practice and in Depth also satisfies the Evidence requirement).
back to topEvidence: Theory and Practice (PRMD7205)
6 credits. Two semesters. Lecture.
NOTE: Students cannot apply both Evidence: Theory and Practice (PRMD7205) course and Evidence (PRMD7201) towards degree requirements.
This full-year course provides an alternative to the basic evidence course for those who plan to do trial work, or those who want a more complete coverage than is possible in the three credit course. A single grade will be given for the course, but it will be derived from at least two anonymous grading exercises.
back to top3 credits. Seminar.
Prerequisite: Evidence.
This seminar explores the use and limits of expert testimony including but not limited to the testimony of scientists, social scientists, forensic experts and other less formal sources of knowledge. The law of expert testimony is expanding exponentially and thereby causing radical changes in the rules of evidence. Students will study relevant principles of evidence and the origins and basis of key areas of expert testimony. For each area of expertise, the seminar will study origins, the history of its admission, use in the courtroom, the effect of the recent changes in the rules of evidence and the point of view of both the proponent and the opponent. Each student will write a paper and give a presentation on a selected area of expertise. Some of the areas to be studied may include: Ballistics, toolmark identification, fingerprint identification, neutron activation analysis, questioned documents, spectrographic voice identification, narcoanalysis and hypnosis, odontology and DNA, and hair follicle identification.
back to top3 credits. Lecture.
Prerequisites: Constitutional Law or Constitutional Law I and II.
This course studies selected problems involving federal courts, including: the constitutional basis of federal jurisdiction; the judicial role in the separation of powers doctrine; the jurisdictions of the Supreme Court; the federal courts of appeals and the federal district courts; supplemental jurisdiction; conflicts and tensions between federal and state courts; and "Our Federalism" and other aspects of federal court abstention.
back to topNew Jersey Practice (PRMD8202)
3 credits. Lecture.
This course is an expanded state court counterpart to the first year Civil Procedure Course, and provides a detailed examination of the rules of litigation, practice and procedure for the New Jersey state courts. Primary emphasis is placed upon the court rules and applicable case law governing civil litigation practice before the New Jersey Superior Court, Appellate Division, Law Division, Civil and Special Civil Part, and Chancery Division, General Equity and Family Part. The rules of the Superior Court, Law Division, Criminal Part and the N.J. Municipal Courts are also covered. Since rules of practice and procedure vary widely from state to state, this course is especially valuable for a student contemplating practice in New Jersey.
back to top3 credits. Lecture.
New York Practice and rules differ significantly from federal practice as studied in Civil Procedure I and II. This course focuses on those differences, including: New York's Long Arm Statute; its complex timeliness doctrines; its distinctive motion practice; its unique court structure; and standards for preliminary relief. A student planning to practice in New York is well advised to take this course.
back to topNITA Deposition Skills Program (PRMD9240)
1 credit. Skills.
Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice
Pre/co-requisite: Advanced Civil Practice or Advanced Criminal Practice Course is graded on a High Pass, Pass/D or Fail basis.
This course provides a strong framework for basic techniques of taking depositions, and explores a variety of questioning methods. The result is that witnesses are encouraged to give expansive, exhaustive answers -- including other potential sources of information -- and that other potential avenues of escape are closed off. Students also learn to theory-test on subjects of importance to the case. Students receive supportive, helpful suggestions on how to improve performance, utilizing frequent repetitions in the learning-by-doing method to help master new techniques. A portion of the program is also devoted to ethical considerations in deposition settings and witness preparation.
back to topPersuasion and Advocacy (PRMD8210)
2 credits. Skills.
In this highly participatory course, students will learn the art of persuasion in the context of the courtroom. Exercises and simulations will focus on the integration of storytelling and thematic development into the basic skills of direct examination, cross-examination, opening statements and closing arguments. By the end of the course students should be more able to argue and more likely to win - whether inside or outside the courtroom.
Course is graded High Pass, Pass/D or Fail.
back to top3 credits. Lecture.
This course undertakes a detailed examination of the substantive law of civil remedies. It considers restitution, damages and the forms of equitable relief, as well as preconditions for the award of specific remedies, measure of recovery and shaping the award.
back to topTransactional Skills (PRMD9222)
2 credits. Skills.
Prerequisite: Business Associations and Federal Income Tax. Course is graded High Pass, Pass/D or Fail.
The transactional skills course is an exciting and practical bridge between the substantive law involved in transactions and the application of law to an actual deal. Focusing on real deals and real problems, experienced adjunct faculty conduct the course in an interactive seminar setting. Part of the course is the negotiation and the drafting of documents associated with a model transaction, such as confidentiality agreements, letters of intent, due diligence document requests, asset purchase agreements and opinions of counsel. Another part of the course focuses on special problems associated with transactions, such as restrictive covenants. Ethical issues encountered in transactional practice are discussed throughout the course. Everyone participates and professors are invaluable sources of in-depth knowledge.
back to topTrial of a Civil Matter, The (PRMD9250)
2 credits. Skills.
Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice and Advanced Civil Practice.
Course is graded High Pass, Pass/D or Fail.
Note: Students cannot apply both A trial of a Civil Matter (PRMD9250) and The Trial of a Criminal Case (PRMD9255) towards degree requirements.
The course takes a single substantial and complex problem and follows it all the way through a trial. Pre-trial matters and most motions other than those in limine are omitted. Unlike Persuasion & Advocacy, it seeks to integrate evidentiary questions into the formulation and presentation of evidence. The course spends substantial time on the areas that have been omitted from Persuasion & Advocacy, focusing on jury selection, as well as the preparation and examination (and cross examination) of expert witnesses. Like Persuasion & Advocacy, it is extremely participatory, with students expected to perform in almost every class. Unlike Persuasion & Advocacy, however, the performances are not limited to 2 to 3 minute sections of an examination, or even shorter drills. Instead students are required (with a partner) to do full, lengthy and more intricate examinations far more similar to those practicing attorneys actually perform in courtrooms.
Course is graded High Pass, Pass/D or Fail.
back to topTrial of a Criminal Case, The (PRMD9255)
2 credits. Skills.
Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice and Advanced Criminal Practice.
Course is graded High Pass, Pass/D or Fail.
Note: Students cannot apply both The Trial of a Criminal Case (PRMD9255) and A Trial of a Civil Matter (PRMD9250) towards degree requirements.
The course takes a single substantial and complex problem and follows it all the way through a trial. Pre-trial matters and most motions other than those in limine are omitted. Unlike Persuasion & Advocacy, it seeks to integrate evidentiary questions into the formulation and presentation of evidence. The course spends substantial time on the areas that have been omitted from Persuasion & Advocacy, focusing on jury selection, as well as the preparation and examination (and cross examination) of expert witnesses. Like Persuasion & Advocacy, it is extremely participatory, with students expected to perform in almost every class. Unlike Persuasion & Advocacy, however, the performances are not limited to 2 to 3 minute sections of an examination, or even shorter drills. Instead students are required (with a partner) to do full, lengthy and more intricate examinations far more similar to those practicing attorneys actually perform in courtrooms.
The course is graded High Pass, Pass/D or Fail.
back to top2 credits. Seminar.
Prerequisites: Family Law, Marriage and Divorce, Dispute Resolutions Processes
NOTE: Students cannot apply both Family Mediation (PRMD9216) and Advanced Mediation Skills (PRMD9228)towards degree requirements.
This seminar offers a detailed examination of one of the most important areas of alternative dispute resolution. It places family mediation, and especially divorce mediation, in the context of the litigation process and the alternative dispute resolution movement. It combines a detailed examination or mediation, both in court-annexed and independent settings, to resolve dispute within families, especially in the context of divorce, with training in mediation skills in the family context.
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