Maricopa Community Colleges  LAS109   20006-20025 
Official Course Description: MCCCD Approval: 12/14/99
LAS109 20006-20025 LEC 3 Credit(s) 3 Period(s)
Legal Procedures I
Pretrial issues in the areas of civil and criminal procedure in both Arizona and federal systems. Emphasis on the drafting of pleadings and the application of procedural rules pertinent to the early stages of litigation. Prerequisites or Corequisites: LAS101, or permission of department chairperson, or program director/coordinator.
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MCCCD Official Course Competencies:
 
LAS109   20006-20025 Legal Procedures I
1. Describe the judiciary's role in the promulgation and interpretation of the Arizona and Federal rules of civil and criminal procedure. (I)
2. Identify the due process requirements pertaining to the commencement of proceeding and the filing of a summons and complaint. (II)
3. Draft a civil complaint. (III)
4. Describe appropriate motions that may be filed in response to a complaint. (IV)
5. Draft an answer to a complaint. (V)
6. Identify the conditions under which amendments may be made to pleadings. (VI)
7. Describe selected types of multi-party and multi-claim litigation. (VII)
8. Compare the rules of civil procedure dealing with pretrial issues to analogous rules of criminal procedures for both the Arizona and Federal system. (III, IV, V, VI)
9. Describe procedures that preclude going to trial. (VIII)
10. Describe procedures for filing a motion for summary judgment. (IX)
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MCCCD Official Course Outline:
 
LAS109   20006-20025 Legal Procedures I
    I. Judicial Role In The Promulgation And Interpretation Of The Rules Of Civil And Criminal Procedure
        A. Rule-making authority
        B. Judicial construction
      II. Due Process Requirements
          A. Analysis of due process requirements in judicial proceedings
          B. Due process requirements pertaining to the service of a summons and complaint
            1. Notice
            2. Opportunity to be heard
        III. Drafting A Complaint
            A. Framing issues of fact
            B. Elements of a complaint
            C. Jurisdictional allegation
            D. Single or separate counts
            E. Timing requirements
          IV. Motions Against The Complaint
              A. 12(b)(6) motions
              B. Motion for more definite statement
              C. Motion to strike
              D. Motion for judgment on the pleadings
              E. Timing of motions
            V. Drafting An Answer
                A. Denials
                B. Affirmative defenses
                C. Counterclaims
              VI. Amendment Of Pleadings
                  A. Amendment as of right
                  B. Amendment by leave of the court
                VII. Multi-Party And Multi-Claim Litigation
                    A. Counterclaim
                    B. Cross-claims
                    C. Joinder of parties
                    D. Interpleader
                    E. Impleader
                    F. Invervention
                    G. Class actions
                  VIII. Actions That Preclude Trial
                      A. Voluntary dismissal
                      B. Involuntary dismissal
                      C. Default
                      D. Settlement
                    IX. Summary Judgment
                        A. When summary judgment is appropriate
                        B. Elements of summary judgment
                        C. Opposing a motion for summary judgment
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