Federal Litigation Practice
Section 1, Spring 23
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With the decline in jury trials, the focus of civil litigation is shifting to dispositive motions and appeals. This course will provide practical, skills-based guidance in these areas for students who plan to engage in high-level litigation. It seeks to complement the law school’s robust trial advocacy curriculum by focusing on the litigation that takes place both before and after trial, and how every step in a case’s lifespan affects the ultimate outcome of the case. The course will cover most key steps in the federal pretrial/posttrial process, including the pleading, discovery, summary judgment, and appeal phases. It will explore how decisions made throughout a case impact both pretrial dispositive briefs and appeals, and how the purpose and audience of a brief may impact how it is written. Throughout the semester, students will be assigned to brief discrete portions of dispositive motions (i.e. motion to dismiss, motion for summary judgment), other critical motions (e.g. motion to compel, motion in limine), and an appellate brief. They will receive detailed, personalized feedback on their writing. Students will also prepare and deliver two oral arguments, and will again receive individualized feedback. Course readings will focus on functional guidance for (and often from) practicing lawyers. They will be supplemented by examples of outstanding briefs, motions, and oral arguments from some of the best lawyers and judges practicing today. From time to time throughout the semester, lawyers and judges will be invited to join the class to share their experiences and advice with the students. Grades will be based on the litigation exercises, class participation, and written work product (primarily legal briefs).
Final Type (if any): None
Written Work Product
Written Work Product: Students will be required to submit two briefs and a short memo (all directly to instructors, not via EXPO).
Grades will be based on the litigation exercises, class participation, and written work product (primarily legal briefs).
Other Course Details
Prerequisites: Because the credits in this course count toward the JD Program Professional Skills requirement, JD candidates will be given enrollment priority for this class. Concurrencies: None
Mutually Exclusive With: None
Laptops Allowed: Yes
First Day Attendance Required: Yes
Course Resources: To be announced.
*Satisfies Writing Requirement: No
**Credits For Prof. Skills Requirement: Yes
Satisfies Professional Ethics: No
*If “Yes,” then students are required to submit a substantial research paper in this course, which means students do not need to submit any form to SRO for this paper to meet their upper-level writing requirement. If “No,” then students must submit a “special request” e-form to SRO (available via LawWeb) no later than five weeks after the start of the term for a paper in this class to be counted toward the upper-level writing requirement.
**Yes indicates course credits count towards UVA Law’s Prof. Skills graduation requirement, not necessarily a skills requirements for any particular state bar.
Cross Listed: No
Cross-Listed Course Mnemonic:
Concentrations: Criminal Justice, Litigation and Procedure
Public Syllabus Link: None
Evaluation Portal Via LawWeb Opens: Friday, April 21, 12:01 AM
Evaluation Portal Via LawWeb Closes: Sunday, April 30, 11:59 PM