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CIVIL PROCEDURE (CIVIL PROCEDURE - 1000)
4 credits
This first year course is concerned with the statutory and judicially established procedures governing the conduct of civil litigation in the courts, with an emphasis on the Federal Rules of Civil Procedure. The course examines in depth principles of jurisdiction, conflict of laws, pleadings, joinder of parties (including class actions), motions, summary judgment, discovery and the doctrine of preclusion. Grades are based upon a final examination.
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EVIDENCE (STATE AND FEDERAL PRACTICE - 2090)
4 credits
This course studies the rules of evidence that govern judicial proceedings in federal and state courts. Subjects covered include relevance, real and demonstrative evidence, judicial notice, burdens of proof, presumptions, competency of witnesses, examination of witnesses, character evidence and related problems, the hearsay rule and its exceptions, opinion evidence, expert witnesses, foundation and authentication, the best evidence rule, and privileges. Grades are based upon a final examination.
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NEW YORK PRACTICE (STATE AND FEDERAL PRACTICE - 2000)
4 credits
This course is a study of civil litigation in New York from initiation of the action to filing of the case for trial. The course will familiarize students with the nature, purpose, and content of the Civil Practice Law and Rules and, through statutory and case law analysis, develop the requisite foundation for effective civil practice. The treatment is essentially in chronological order, beginning with selection of the appropriate court and covering commencement of the action, personal jurisdiction, statutes of limitation, joinder of parties, pleadings, motion practice and pre-trial discovery. Appellate considerations and issues of res judicata pervade the material. The unique characteristics of Article 78 of the Civil Practice Law and Rules, a form of judicial review of administrative action, are also covered. Any student who contemplates practicing in New York is strongly urged to take the course. Students who plan to practice in other states can also profit from their knowledge of New York Practice inasmuch as the procedural issues covered in the course are universal. Grades are based upon a final examination.