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Civil Litigation

Requirements:

15 credits from the following courses and additional experiential credits:

Required (6 Credits):

Title
Credits

Federal Jurisdiction/Practice
Credits: 3
This course examines the proper role of the federal courts in the American political system. The ability of a litigant to invoke the jurisdiction of the federal courts is regulated by a variety of constitutional, statutory and judge-made doctrines. As such, topics explored will include: the case or controversy limitations contained in Article III, advanced topics in subject matter, diversity and supplemental jurisdiction, the availability of habeas corpus review, state sovereignty and the Eleventh Amendment, the abstention doctrines, the power of federal courts to create common law, removal actions, and 42 U.S.C.§1983 and Bivens civil rights actions. Exploring the themes of federalism and separation of powers addressed in the basic Constitutional Law course, this course at its core examines the power of Congress to allocate judicial power among the federal courts, federal agencies and States. This course should prove to be particularly valuable to students who anticipate clerking for a federal or state judge, who plan to litigate before federal and state courts, or who are planning for a public interest or public sector career.
Sundquist, Christian B.
Hutter, Michael J.
Negotiating for Lawyers
Credits: 3
Introduces negotiation skills, offering hands-on experience preparing for and negotiating legal issues.
Maurer, Nancy M.

One of the Following Options:

New York Practice I (3) and New York Practice II (3 credits)

New York Practice Survey (4 credits)

Electives:

At least one of the following courses:

Trial Practice I: Civil Pretrial Skills
Credits: 3
Exposes students to a progression of pretrial skills necessary to represent a client from client interview up to the actual trial. Students are assigned to represent either the plaintiff or the defendant in a simulated case and take the case through every stage of the pretrial process. Students conduct a client interview, perform informal fact investigation, draft a complaint and an answer, serve interrogatories and answers to interrogatories, conduct a deposition and draft a Motion for Summary Judgment and memorandum of law based on the discovery that they have done. Students are required to attend a weekly on-hour lecture and participate in a two-hour lab where pretrial skills are practiced.
Mayer, Connie
Maurer, Nancy M.
Persing, Daniel J., Esq. '81
Trial Practice II: Civil Trial Skills
Credits: 3
Exposes students to a progression of pretrial skills necessary to the defense and prosecution of a criminal case. Students are assigned to represent either the prosecution or the defendant in a simulated criminal case and take the case through every stage of the pretrial process. Students conduct a client/victim interview, perform fact investigation and legal research, draft and respond to criminal charges, demands to produce, motions for discovery, and requests for suppression of evidence. Students will draft a memorandum of law based on their legal and factual investigation. Students may also draft and respond to demands for inspection of Grand Jury Minutes, engage in plea negotiations, conduct oral advocacy on arraignment and bail issues, and perform other pretrial matters as time and the selected problem allows. Students are required to attend a weekly one-hour lecture and participate in a two-hour lab where pretrial skills are practiced.
Mayer, Connie

Experiential Requirement:

Participation in at least one of the following experiential programs:

Field Placement or SIP related to Civil Litigation, including related and existing clinical offerings.

Writing Requirement:

Students are required to complete one significant piece of writing in the concentration area. The writing requirement does not require that students earn any credits beyond the required credits described above. The topic and the arrangement for fulfilling the writing requirement, however, must be approved in advance by the Concentration Advisor. The paper could be written to fulfill the requirements of a course, an independent study, or a law journal note and comment. It may also be possible to fulfill this requirement by completing a substantial piece of writing in conjunction with an experiential course, clinic, or Field Placement, such as a brief, a series of Motions, or a significant legal memorandum. It could also be fulfilled by writing a paper independently, such as a submission to a writing competition or an article for publication. In all of these arrangements, the prior approval of the Concentration Advisor is required.

(Effective December 18, 2018)

J.D. Admissions Office

80 New Scotland Ave
Albany, NY 12208-3494

Phone:
518-445-2326

Email: admissions@albanylaw.edu

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