Litigation Procedures I

Overview

Course description

This is a BCCampus online provincial course. This online course introduces the student to the role and responsibilities of the Legal Administrative Assistant employed in the field of civil litigation in British Columbia. Students will gain knowledge of the first part of handling a civil litigation file, from opening a new client file to Default Judgment. The continuation of the second part of handling a civil litigation file will be covered in OADM 1433 Litigation Procedures II. The student will have practical experience in topics such as commencing or defending a civil process, preparing and filing pleadings, and obtaining default judgment. This is a “hands-on” course in which the students integrate keyboard, computer, transcription and document formatting with knowledge of civil law.

Course content

Overview and objectives
- Character traits of a legal administrative assistant
Civil litigation defined
- Constitutional roots of courts
- Statute and common law
- The court system
Precedent and court authority
- Duties of a legal administrative assistant
- Some rules re: capitalization–names of judges
- Limitation period
Client’s first appointment
- Dealing with emotionality
- Opening files
- BF systems
Notice of Civil Claim - review and practical concerns
- Identifying parties–individuals and companies
- Parties with legal disabilities
Service - personal and ordinary
- Within BC
- Outside BC
- A note of jurisdiction
Opening the defendant’s file
- Admitting service
- Limitation periods revisited
- Appearances
- Transmittal letters
Pleadings continued
- Counterclaims and third party notices
Amended Pleadings and Affidavits
Default Judgment
Case planning
Overview

Learning activities

Communication between instructor and students will be conducted online using WebCT e-mail, discussion, chat utilities, guided practices, assignments, and case studies. Students will work both independently and collaboratively to learn and apply procedures and tasks carried on in a legal office. Both learning activities and evaluations will be structured to stress problem solving, accuracy, and working within time constraints.

Means of assessment

Production-document production	50%
Mid-term exam	20%
Final exam	20%
Participation	10%
Total	100%

Learning outcomes

The learner has reliably demonstrated the ability to:

Prepare documentation for a civil action in the Supreme Court of BC from commencement until the close of pleadings.
Prepare the documentation necessary to obtain default judgment.
Understand basic legal concepts, which underpin the court system in BC and affect the daily work of a civil litigation law office.
Understand the environment of a law office and respond to some of the possible challenges in such an office including dealing with people in a law office, possible ethical challenges, and maintaining an appropriate professional appearance and demeanour.
Utilize transcription skills and theory in preparing litigation documents.

Textbook materials

Textbooks and Materials to be Purchased by Students:

Course material as determined by BCCampus.

. WAV pedal & computer headphones are required for digital transcription activities.

Requisites

Prerequisites

(OADM 1430 or equivalent) and (OADM 1431 or equivalent)

Corequisites

No corequisite courses.

Equivalencies

No equivalent courses.

Course Guidelines

Course Guidelines for previous years are viewable by selecting the version desired. If you took this course and do not see a listing for the starting semester / year of the course, consider the previous version as the applicable version.

September 2011 (Current)