Practice, Procedure and Remedies (PRMD)   

 

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Number Name Credit Type Offering

PRMD9218

Advanced Civil Practice

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, Low Pass or Fail.



Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice Note: Students cannot apply both Advanced Civil Practice (PRMD9218) course and Advanced Criminal Practice (PRMD9219) towards degree requirements.

2

Skills

in-class

PRMD9220

Advanced Civil Practice: The Simulated Law Firm

Building on Persuasion and Advocacy (which is a prerequisite) the course will teach a wide range of litigation skills utilizing a simulated law firm model.



Course is graded High Pass, Pass, Low Pass or Fail.

Note: Students can only apply either Advanced Civil Practice (PRMD9218), Advanced Criminal Practice (PRMD9219) or Advanced Civil Practice: The Simulated Law Firm (PRMD9220) towards degree requirements.

2

Skills

in-class

PRMD9219

Advanced Criminal Practice

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, Low Pass or Fail. Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice.

Note: Students cannot apply both Advanced Criminal Practice (PRMD9219) and Advanced Civil Practice (PRMD9218) towards degree requirements.

2

Skills

in-class

PRMD9270

Advanced Legal Research

This course is for students that would like to advance and practice their research skills. This course will review how to develop a research plan and how to evaluate legal research sources and use them effectively. Several major areas of legal research will be covered in this course, including, but not limited to: advanced internet research, cases, statutes, legislative history, administrative law, secondary sources, and research techniques and strategies. In addition to homework assignments, students will be assigned in-class exercises, and an extended research project.



Course is graded High Pass, Pass, Low Pass or Fail. Prerequisite: Legal Research and Writing I & II.

2

Skills

in-class

PRMD9226

Advanced Negotiation Skills

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, Low Pass or Fail.



Note: Students can only apply either Advanced Negotiation Skills (PRMD9226), Negotiation Skills in Civil Litigation (PRMD9234) and Negotiation Skills in Transactional Lawyering (PRMD9233) towards degree requirements.

2

Skills

in-class

PRMD9221

Advocacy 101: The Lawyer as Problem Solver

The course will teach students to approach their work as lawyers with the purposive perspective of a true advocate who sees his or her role as that of a problem solver. This entails developing an advocate’s mindset from the very outset, structuring one's practice with a clear focus on identifying, shaping, and achieving the client’s goals, and remaining true to that approach every day he or she is engaged in the practice of law -- so true that it informs every step the lawyer takes, not only in direct dealings with clients but also in relationships with law firm colleagues, adversaries in litigation, outside professionals or experts with whom the lawyer interacts, and the court. The course will feature readings and lectures that drive home the importance of a purposive approach to the practice of law and a semester-long project of applying the true advocate's approach to solving a particular client’s problem, from the initial interview to the ultimate resolution of the case.

The course is letter graded.



2

Skills

in-class

PRMD8250

Applied Analytical Skills

This course will address the analytical, information-retrieval and reading comprehension skills necessary for success on the Bar exam.  To reinforce these critical skills, the course will focus substantively on the most heavily tested legal rules in three multistate Bar-exam subjects.  Students will learn how each topic has been tested on the MBE, MEE and the essay portion of the New Jersey Bar exam.  The course will include both weekly in-class sessions and on-line assignments designed to sharpen students’ skills and test-taking strategies.  At the end of the course, students will take a final exam containing both multiple-choice and essay questions that mirror what students will confront on the Bar exam.  Enrollment is limited to students entering their final year of law school, with priority given to those entering their final semester. 



Course is graded Pass or Fail. Note:  Course does not count towards the 15 credit limit on Legal Practice and Self-Directed Work Credits. 

2

Lecture

in-class

PRMD8206

Conflict of Laws

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.



3

Lecture

in-class

PRMD8209

Dispute Resolution Processes

This course provides an introduction to the traditional forms of interpersonal and commercial conflict management: negotiation, mediation and arbitration. The class also explores lesser known and emerging hybrid processes including arb-med, early neutral evaluation, med-arb, mini trial, ombuds, online dispute resolution, private judges/juries and summary jury trial. Each method of dispute resolution is explored in a series of classes, and students are introduced to these methods through limited lecture informed by authoritative texts followed by experiential exercises. Students translate theory into practice through frequent participation in demonstrations, fishbowls and role play exercises that approximate real world legal practice. Each student receives detailed faculty and peer critique through the use of the 360-degree feedback model.



Course is graded High Pass, Pass, Low Pass or Fail. 

2

Skills

in-class

PRMD8218

Electronic Discovery

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; email, text messaging, instant messaging, and social media are 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, email, 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 2006 electronic discovery (eDiscovery) amendments to federal and state court rules were enacted, (2) how to manage and balance eDiscovery issues that will inevitably arise in their practice, (3) the technology behind the legal issues that arise in the eDiscovery context, and (4) how best to apply traditional legal principles to the ever-changing technologies that continue to develop and contribute meaningfully to the legal discourse on eDiscovery through bi-weekly blog posts about new developments in the law.



Course is graded High Pass, Pass, Low Pass or Fail. Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice

2

Skills

in-class

PRMD7201

Evidence

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).



Note: Students cannot apply both Evidence (PRMD7201) and Evidence in Practice and in Depth (PRMD7205) towards degree requirements.

3

Lecture

in-class

PRMD7205

Evidence: Theory and Practice

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.



NOTE 1: Students cannot apply both Evidence: Theory and Practice (PRMD7205) course and Evidence (PRMD7201) towards degree requirements.

NOTE 2: Year-long course; 3 credits Fall, 3 credits Spring

6

Lecture

in-class

PRMD9211

Expert Witnesses

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.



Prerequisite: Evidence.

3

Seminar

in-class

PRMD8212

Fact Investigation and the Marshalling of Evidence

The purpose of the course would be to introduce the students to the practical problems involved in regard to the following:

1.  Determining what information to look for in a case in litigation, or under consideration for litigation (how to craft the legal theory of the case and its implications for investigation).  This part of the course concentrates on identifying the elements of the substantive law that are in play in whatever case is under consideration, and also identifying the distribution of the burden of introducing evidence in regard to those issues, in order to outline which issues require the lawyer to insure that information bearing on those issues is obtained.

2.  Determining how best to go about trying to obtain the information identified as potentially available in number 1, above, in other words, how to formulate a specific investigation plan.  This requires detailed fact analysis of the available facts.   

3.  The practical problems of carrying out the investigation plan, and how these differ in different litigation settings and role contexts (civil v. criminal; civil plaintiff v. civil defendant; prosecution v. criminal defendant.).  The interaction between resources, discovery rights (or the lack thereof), and private investigation, and the role of the lawyer in each context, will be considered.

4.  Updating and modifying the theory of the case and the investigation plan as new information is obtained.

 

Course will require written exercises  which will be graded based on students’ clarity of analysis and exposition, and improved proficiency over time.

 



Course is graded High Pass, Pass, Low Pass or Fail.

 

2

Skills

in-class

PRMD9216

Family Mediation

In this participatory course, offered in an intensive five-day format, students will examine the art of mediation in the context of family law, with a focus on divorce and parenting issues. Professor Elizabeth Vinhal will utilize her knowledge of family law and expertise in clinical education to introduce the salient aspects of family mediation including ethical best practices, the evaluative/facilitative dichotomy, gender/socio-economic power imbalances and mediator certification. Prof. Maurice Robinson will draw upon his professional mediation experiences as both a party representative and third-party neutral. He will facilitate experiential learning through the design and orchestration of student fishbowl exercises, demonstrations and role plays to elucidate the guiding principles in the field of interpersonal conflict management.



Course is graded High Pass, Pass, Low Pass or Fail.

2

Lecture

in-class

PRMD9217

Federal Court Opinion Drafting Simulation

This seminar is designed to help students learn, through practice, how to draft judicial opinions. In order to make the course as realistic as possible, students will draft opinions dealing with motions filed in actual cases pending in the United States District Court for the District of New Jersey. In most law school classes, students read judicial opinions, but rarely if ever see the pleadings, motions, briefs, and affidavits that lawyers write and from which judges and their clerks work in producing judicial opinions. The availability of court records on the Public Access to Court Electronic Records (PACER) system makes it possible, as never before, for students to have access to those real-world documents. In this seminar students will be assigned motions filed in actual cases and will have to consider every document filed in the case relevant to those motions, conduct appropriate legal research, and draft opinions deciding those motions. The goal for students in the seminar, as it is for law clerks, is to draft opinions that are of sufficiently high quality that a United States District Judge could sign them.



3

Seminar

in-class

PRMD7203

Federal Courts

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.



Prerequisites: Constitutional Law or Constitutional Law I and II.

3

Lecture

in-class

PRMD8215

Interviewing and Counseling

Through interactive discussion, drills, and simulation exercises, this intensive three-day course offers students a basic model for interviewing and counseling, provides the opportunity to practice the skills involved, and exposes students to the kinds of problems and ethical issues that can arise in client counseling.  Skills addressed in the interviewing segment include: active listening, question formulation, preliminary problem identification, recognizing legal and non-legal dimensions of a client’s problems, development of a chronological overview, theory development, and concluding the interview.  The counseling segment addresses the process by which, having determined what the client's legal problems are, the lawyer helps the client make decisions by clarifying the client's objectives, identifying potential strategies and solutions and their likely consequences and, when appropriate, providing advice. The final day of class will address more advanced topics such as handling language and cultural barriers, working with translators, ethical issues that may arise in counseling, and assisting difficult clients.

 

The final grade is based on evidence of student preparation; active participation in class discussions, drills, and simulations; and on quality of interviewing and counseling simulations. 



Course is graded High Pass, Pass, Low Pass or Fail.

1

Skills

in-class

PRMD8222

Lawyer as Detective: Investigation and Discovery

Lawyer as Detective (letter graded) is an advanced research, factual investigation and writing course. The investigations this year will focus on Guantanamo, interrogation, torture and national security issues. The course teaches students how to sift through facts and discover underling patterns. It teaches students expository writing revealing the patterns that they have been discovered. The process of writing drafts analyzing the discoveries tests the accuracy of their discoveries and helps them understand more clearly what they have missed, what mistakes they have made and that their fact discovery often produces patterns that they did not initially understand writing tentative drafts as the research progresses is an important part of the experience. Requiring students to write tentative drafts from the very beginning ensure that the investigation will be rigorous and the writing clear, complete and accurate. Each draft, even the most preliminary, is reviewed with the professor and conferences are held individually and in small groups, to determine what further research and writing might be needed. In addition to the collegial discovery and analysis process all students complete a major writing. Usually the major pieces of writing are combined into a still larger piece the students produce more than 50 pages of writing over the course of the year including drafts, edited drafts and reflections. The course requires all students to perform 300 hours of work; have regularly scheduled weekly classes and meet frequently in collegial groups and with the professor individually. The weekly classes compare the investigative practices of other disciplines of historians, journalists, and social scientists with the standard legal experience. Students will be assigned materials from each discipline. In addition FBI investigators and military intelligence analysts will demonstrate how they investigate and analyze. The course focuses on a variety of topics that evolve, expand and contract as research, drafting and analysis requires. Reading as a challenge to discover what is not immediately obvious is an extremely useful skill and translates easily into the practice of law whether for litigation, transactions or counseling clients. Part of the excitement of the course is that no one knows beforehand what twists and turns the investigation will take and what the final result will be.



5

Skills

in-class

PRMD9236

Negotiation Skills in Criminal Litigation

According to recent United States Department of Justice data, nearly 97% of federal criminal prosecutions are resolved without recourse to trial. The plea bargaining process is essential to the timely disposition of those matters. The Professor will instruct this first-of-its-kind offering at Seton Hall Law. Set against the Harvard Principled Negotiation Method, the Professor will examine the most salient moments in a criminal case. These include, pre-indictment advocacy, examination of the grand jury process, review of the federal indictment and the federal information as accusatory instruments, use of cooperation agreements and 5k1.1 letters, the affirmative use of media, consideration of how jury election impacts negotiation and the operative dynamic between the prosecution and defense counsel throughout the plea bargaining process. Students are advised that this 2-credit Legal Practice Curriculum offering will require participation in a six-hour "super session" to be held on a weekend. The exercise will afford participants the opportunity to engage in role plays which approximate practice-based scenarios. The super session will truncate the semester by 3 calendar weeks.



Course is graded High Pass, Pass, Low Pass or Fail. Note: Students can only apply either Negotiation Skills in Civil Litigation (PRMD9234), Negotiation Skills in Transactional Lawyering (PRMD9233) and Advanced Negotiation Skills (PRMD9226) towards degree requirements.

2

Skills

in-class

PRMD9233

Negotiation Skills in Transactional Lawyering

Legal negotiation is not limited to the adversarial arena of litigation. Many students will pursue rewarding careers in the corporate / transactional realm. The ability to effectively draft and interpret contract clauses is integral to success in that practice. This course will begin with an overview of principled negotiation, the ability to meet the varied interests of stakeholders without acquiescing to positional demands. Against that backdrop, the instructor will present exemplars of the most commonly-encountered corporate contracts. Students will learn how to draft effective agreements. Participants will subsequently negotiate proposed terms through videotaped role plays created by the American Bar Association. The instructor reserves the right to schedule a “super session” on a date and at a time of shared convenience. The class will likely span 6 hours on a Friday or weekend. The expanded format will facilitate 360-degree critique of participant performance.



Course is graded High Pass, Pass, Low Pass or Fail.

Note: Students can only apply either Negoatiation Skils in Transactional Lawyering (PRMD9233), Negotiation Skills in Civil Litigation (PRMD9234) and Advanced Negotiation Skills (PRMD9226) towards degree requirements.

2

Skills

in-class

PRMD8202

New Jersey Practice

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.



3

Lecture

in-class

PRMD8203

New York Practice

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.



3

Lecture

in-class

PRMD9240

NITA Deposition Skills Program

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.



Course is graded High Pass, Pass, Low Pass or Fail. Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice

 

1

Skills

in-class

PRMD8210

Persuasion and Advocacy

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.



2

Skills

in-class

PRMD8201

Remedies

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.



3

Lecture

in-class

PRMD9235

SDNY Representative in Mediation Practicum

Through an innovative partnership with the United States District Court for the Southern District of New York (“SDNY”), students in this course will represent federal litigants for the limited purpose of representation in court-annexed mediation. Enrollment is restricted to third and fourth year students. Under faculty supervision, students will participate in all material aspects of the attorney-client relationship, including the intake meeting, assessing client interests, negotiating with opposing counsel, drafting a pre-mediation statement and advocating for the client in a mediation to be conducted in Manhattan. The instructor will bifurcate the semester into two components: the study of mediation and the practicum phase. During the initial 5 classes, students will come to understand the nature of federal court-annexed mediation, the various mediator styles and effective client counseling techniques. The Newark Office of the Equal Employment Opportunity Commission (“EEOC”) will conduct a workshop on employment discrimination, the cause of action that plaintiffs most commonly assert in this practicum. The practicum phase will be largely devoted to individualized instruction and interaction with clients and opposing counsel. The course will culminate in a mediation that can range from 3 to 8 hours in Manhattan. Many of those sessions will be held on Fridays between the hours of 10:00am – 5:00pm. *N.B.: Practicum classes require students to make a more substantial investment of time than would ordinarily be expected in a 2-credit elective. Under the faculty supervision of licensed attorneys, participants will conduct in-take meetings with prospective clients and liaise with opposing counsel to explore negotiated settlement. If the litigants are unable to reach an amicable resolution of their differences, then the student advocates will proceed to a court-annexed mediation to be held in Manhattan. These classes require that students be flexible about their schedule and be willing to attend meetings and proceedings that fall outside of the regular class time. Due to the additional demands of a practicum, students are strongly discouraged from taking this class concurrent with a Center for Social Justice clinic.



Course is graded High Pass, Pass, Low Pass or Fail. 

2

Skills

in-class

PRMD9222

Transactional Skills

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.



Prerequisite: Business Associations and Federal Income Tax. Course is graded High Pass, Pass, Low Pass or Fail.

2

Skills

in-class

PRMD9250

Trial of a Civil Matter, The

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, Low Pass or Fail.



Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice

Pre/Co-requisites: Advanced Civil Practice or Advanced Criminal Practice or Advanced Civil Practice: The Simulated Law Firm.

Note: Students cannot apply both The trial of a Civil Matter (PRMD9250) and The Trial of a Criminal Case (PRMD9255) towards degree requirements.

2

Skills

in-class

PRMD9255

Trial of a Criminal Case, The

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, Low Pass or Fail.



Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice

Pre/Co-requisites: Advanced Criminal Practice or Advanced Civil Practice or Advanced Civil Practice: The Simulated Law Firm.

Note: Students cannot apply both The Trial of a Criminal Case (PRMD9255) and A Trial of a Civil Matter (PRMD9250) towards degree requirements.

2

Skills

in-class