Civil litigation, understand the subject before studying
Ground rules:
• You must understand the subject before you start studying it.
• Deals with a problem i.e. civil disputes like family, torts, commercial and corporate, land transactions.
They all are civil matters solved through litigation i.e. civil litigation.
• Goal is to acquire practical skills to have a successful legal practice. Legal knowledge and skill required by an advocate as provided for under the advocates act as amended. This knowledge has been reduced into a curriculum.
The curriculum has a number of guiding principles.
Guiding Principles
• Day 1 outcomes
These are the areas that the employers expect us to be conversant with once we enter into employment.
These include;
3. Values.
Be professional. They can be imparted in you.
Article by Peter Mulira "What i was not taught at law school." ULS law journal.
How to treat fellow lawyers, how to deal with the public, how to deal with clients.
These shall be imparted in us i.e. time keeping.
Professional Conduct classes’ lecturer enters 10 minutes early.
Whatever is learnt im professional conduct shall apply in all subjects.
2. Skill
Throughout the course you'll be taken through various skills required in civil litigation. Some learnt in class some in peer influence(discuss among yourselves before coming to class.)
1. Knowledge
Legal knowledge acquired from the University i.e. you must be well grounded in the law. That's why you passed pre entry. Reasonable assumption is that you're well grounded in the basic principles of the law. This won't be taught here. You must attend class discussions and actively participate in the discussions.
Criteria for determining professional conduct.
• Active participation in class discussions. You'll be chased out of class
• Decorum. The way you behave will be assessed. Punishment is get out of class and signature is expunged from attendance list. Every session is important.
• In Saturday discussions after being given workshop problem on Friday/Thursday, firm leaders will have responsibility of chairing discussions and sub divide you into smaller groups. They have power to send away persons who don't act professionally.
• The Saturday workshops are supervised.
• Time for Saturday discussions shall be set by firm leaders
• You can't appear for Monday workshops if you have not attended the Saturday discussion.
• When you make presentations in class, the professional advisors will decide who will present.
• In civil litigation it's about talking not receiving.
Professional advisors won't give the answers they'll listen to your presentations.
• You can't address the lecturer while seated. Stand till told to seat, till you finish your submissions.
• You'll be taught in civil litigation how to talk to judicial officers
• Hence day 1 outcomes are achieved. Trial advocacy shall also be applied.
• Use of mobile phones is prohibited. Don't research using mobile phones its prohibited. Use either a laptop or tabs.
Topics To Be Taught
◇6 weeks of legal litigation the entire academic year
◇2 weeks each in term one, term two and term four.
There shall be moots.
Curriculum
Learning outcomes/objectives in every week
Objectives
To appreciate litigation as a whole
To deal with clients
Interviews
Drafting skill
How to commence court action
Documents needed in defending or responding in an action
Making arguments in case you're representing parties
Term 1
Week 1 And 2
• Procedure before legal action and instituting a suit
• Interviewing and conducting clients
• Draft and serve pre action letters
• Drafting pleadings for instituting a civil action
• Drafting relevant defenses
• Critical role of registrar and court registry.
• Procedure for filing and exchanging pleadings
• Instituting procedure Amdt of pleadings
• Mediation process and filing mediation case summaries
• Conducting a scheduling conference in detail
• Setting aside judgment procedure
• Interviewing clients client checklist
• Examination of facts enlisted in an interview
• Drafting
• How suits are instituted; capacity filing fees service summons proof of service etc
• PRE trial proceedings
Term 2
Hearing and post hearing
• Execute and interlocutory applications
• Examining witnesses
• Making submissions
• Examining contents of a judgment
• Extracting orders and decrees
• Modes of execution of decrees
• Role of bailiffs and police people
• Objector proceedings
• Making and processing stay of execution
• Review revision
• Drafting docs concerning hearing and post hearing process
Term 3
Clerkship, May get student practicing certificate
Term 4
Specialized practice and appeals
• Identify grounds for judicial review
• Identifying COA in constitutional matters
• Relevant procedure and docs in handling constitutional process
• Enforcement of fundamental human rights and freedoms
• Pre and postelection remedies
• Appeals
• Drafting memorandum of appeals
NB: All the above involve processes drafting necessary documents i.e. practical in all aspects
Note:
◇Keep a keen eye on what's happening currently in courts
◇Love what you're studying or you'll be bored
◇ Come with counter books
◇ Independence of mind
◇ Respect what your facilitator is giving you
◇ Devote your time to this place
◇Avoid wasting time
◇LDC is not an academic institution. It's a skill development center. You must already have the knowledge.
◇Teamwork and Corporation
◇Consult each other
◇Stop reading case summaries
◇ Read supreme court authorities if possible. Know cases.
◇Prepare
◇Not acceptable for a lawyer to be confused
◇ Practice the right things
◇Don't be stupid.
◇ Learning outcomes come first
◇ whatever is not covered in class research about it yourself
Skills Acquired
• Comprehension (relevant facts)
• Critical analysis
• Synthesis i.e. reason why client comes to you; the solution; the conclusion
• You must understand the subject before you start studying it.
• Deals with a problem i.e. civil disputes like family, torts, commercial and corporate, land transactions.
They all are civil matters solved through litigation i.e. civil litigation.
• Goal is to acquire practical skills to have a successful legal practice. Legal knowledge and skill required by an advocate as provided for under the advocates act as amended. This knowledge has been reduced into a curriculum.
The curriculum has a number of guiding principles.
Guiding Principles
• Day 1 outcomes
These are the areas that the employers expect us to be conversant with once we enter into employment.
These include;
3. Values.
Be professional. They can be imparted in you.
Article by Peter Mulira "What i was not taught at law school." ULS law journal.
How to treat fellow lawyers, how to deal with the public, how to deal with clients.
These shall be imparted in us i.e. time keeping.
Professional Conduct classes’ lecturer enters 10 minutes early.
Whatever is learnt im professional conduct shall apply in all subjects.
2. Skill
Throughout the course you'll be taken through various skills required in civil litigation. Some learnt in class some in peer influence(discuss among yourselves before coming to class.)
1. Knowledge
Legal knowledge acquired from the University i.e. you must be well grounded in the law. That's why you passed pre entry. Reasonable assumption is that you're well grounded in the basic principles of the law. This won't be taught here. You must attend class discussions and actively participate in the discussions.
Criteria for determining professional conduct.
• Active participation in class discussions. You'll be chased out of class
• Decorum. The way you behave will be assessed. Punishment is get out of class and signature is expunged from attendance list. Every session is important.
• In Saturday discussions after being given workshop problem on Friday/Thursday, firm leaders will have responsibility of chairing discussions and sub divide you into smaller groups. They have power to send away persons who don't act professionally.
• The Saturday workshops are supervised.
• Time for Saturday discussions shall be set by firm leaders
• You can't appear for Monday workshops if you have not attended the Saturday discussion.
• When you make presentations in class, the professional advisors will decide who will present.
• In civil litigation it's about talking not receiving.
Professional advisors won't give the answers they'll listen to your presentations.
• You can't address the lecturer while seated. Stand till told to seat, till you finish your submissions.
• You'll be taught in civil litigation how to talk to judicial officers
• Hence day 1 outcomes are achieved. Trial advocacy shall also be applied.
• Use of mobile phones is prohibited. Don't research using mobile phones its prohibited. Use either a laptop or tabs.
Topics To Be Taught
◇6 weeks of legal litigation the entire academic year
◇2 weeks each in term one, term two and term four.
There shall be moots.
Curriculum
Learning outcomes/objectives in every week
Objectives
To appreciate litigation as a whole
To deal with clients
Interviews
Drafting skill
How to commence court action
Documents needed in defending or responding in an action
Making arguments in case you're representing parties
Term 1
Week 1 And 2
• Procedure before legal action and instituting a suit
• Interviewing and conducting clients
• Draft and serve pre action letters
• Drafting pleadings for instituting a civil action
• Drafting relevant defenses
• Critical role of registrar and court registry.
• Procedure for filing and exchanging pleadings
• Instituting procedure Amdt of pleadings
• Mediation process and filing mediation case summaries
• Conducting a scheduling conference in detail
• Setting aside judgment procedure
• Interviewing clients client checklist
• Examination of facts enlisted in an interview
• Drafting
• How suits are instituted; capacity filing fees service summons proof of service etc
• PRE trial proceedings
Term 2
Hearing and post hearing
• Execute and interlocutory applications
• Examining witnesses
• Making submissions
• Examining contents of a judgment
• Extracting orders and decrees
• Modes of execution of decrees
• Role of bailiffs and police people
• Objector proceedings
• Making and processing stay of execution
• Review revision
• Drafting docs concerning hearing and post hearing process
Term 3
Clerkship, May get student practicing certificate
Term 4
Specialized practice and appeals
• Identify grounds for judicial review
• Identifying COA in constitutional matters
• Relevant procedure and docs in handling constitutional process
• Enforcement of fundamental human rights and freedoms
• Pre and postelection remedies
• Appeals
• Drafting memorandum of appeals
NB: All the above involve processes drafting necessary documents i.e. practical in all aspects
Note:
◇Keep a keen eye on what's happening currently in courts
◇Love what you're studying or you'll be bored
◇ Come with counter books
◇ Independence of mind
◇ Respect what your facilitator is giving you
◇ Devote your time to this place
◇Avoid wasting time
◇LDC is not an academic institution. It's a skill development center. You must already have the knowledge.
◇Teamwork and Corporation
◇Consult each other
◇Stop reading case summaries
◇ Read supreme court authorities if possible. Know cases.
◇Prepare
◇Not acceptable for a lawyer to be confused
◇ Practice the right things
◇Don't be stupid.
◇ Learning outcomes come first
◇ whatever is not covered in class research about it yourself
Skills Acquired
• Comprehension (relevant facts)
• Critical analysis
• Synthesis i.e. reason why client comes to you; the solution; the conclusion
Tags : Civil Procedure