This curricular pathway provides a progression of courses offered at South Texas College of Law Houston that are relevant to civil litigation and ADR.
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Civil Litigation & Alternative Dispute Resolution Pathway
Core courses | |
Recommended courses | |
Bar | Relevant bar examination topic |
Stage 1
Civil Procedure
BarView detailsRelevant bar examination topic.
Four semester hours credit.
Introductory course on the history and objectives of civil litigation, including sources of law, case law and the doctrine of stare decisis, and the history and development of equitable remedies; the anatomy of a legal proceeding before, during, and after trial of a civil case, including basic jurisdictional concepts in federal and state court, the law applied in federal court, adjudication of multiple claims and cases involving multiple parties, discovery, pretrial procedures and disposition without trial; basic concepts and strategies regarding litigation; and the law of former adjudication.
Evidence
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
History and development of the rules relating to presentation of proof and evidentiary matters pertaining to the judicial functions, with emphasis on the Federal Rules of Evidence and the Texas Rules of Evidence, including preparation for trial, examination of witnesses, competency of witnesses, types of evidence, burden of proof, hearsay rule and exceptions, judicial notice, privileges, and impeachment in civil and criminal proceedings.
Texas Pretrial Procedure
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered twice each academic year.
Texas civil procedure in trial courts from the prelitigation phase to the beginning of trial. Includes subject matter jurisdiction in the Texas courts, provisional remedies, prelitigation devices, jurisdiction over the person, venue, pleadings, parties, res judicata and collateral estoppel, discovery tools and techniques, and summary judgment and other methods of disposition without trial, as governed by Texas law.
Texas Trial & Appellate Procedure
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered twice each academic year.
Texas civil procedure in trial courts from the beginning of the trial through the motion for new trial with particular emphasis on pleading and practice in Texas and jury charge, jury and non-jury trial, verdict and judgment. Appellate procedure, method, nature and scope of appellate relief; appealable judgments; jurisdiction of appellate courts; procedure and parties; effect of transfer; supersedeas; records and brief; motion for rehearing review by the Court of Civil Appeals and the Texas Supreme Court.
Alternative Dispute Resolution
View detailsTwo semester hours credit. Offered periodically.
This course provides a comprehensive survey of the various processes known as Alternative Dispute Resolution (ADR). These include negotiation, mediation, evaluative processes such as neutral case evaluation and summary jury trials, and arbitration. The primary focus is the theory and law of ADR as the procedures relate to the court system and law practice, and, in particular, the lawyer’s role. Classwork also includes a number of simulations providing students opportunities to become familiar with the skills essential to competent practice in these procedures.
Torts I
BarView detailsRelevant bar examination topic.
Three semester hours credit.
This first section of the basic Torts course includes the fundamentals of the intentional torts, including the concept of intent, and a study of the elements of assault, battery, false imprisonment, trespass to land and chattels, conversion, and intentional infliction of emotional distress, together with the privileges that defeat these causes of action. The major portion of this course is devoted to study of the negligence cause of action, including the elements of duty, breach of duty, and actual and proximate cause. This part of the course also considers negligence per se, the special problems of the negligence liability of owners and occupiers of land, and the defenses of contributory and comparative negligence, limitations and immunities. Also studied are the principles relating to the calculation and recovery of damages, including joint and several liability and the concepts underlying the wrongful death and survival actions.
Torts II
BarView detailsRelevant bar examination topic.
Three semester hours credit.
Prerequisites: Torts I.
This second section of the basic Torts course introduces the concept of liability without fault (strict liability), including vicarious liability and strict liability for ownership of animals and for engaging in abnormally dangerous activities. The law of products liability will then be examined. The course will also consider some of the more specialized areas of civil wrongs, including the law of public and private nuisance; defamation, including libel and slander and the related common law and constitutional privileges; fraud and misrepresentation; injuries to relationships, including business and intrafamily torts; and misuse of legal procedure.
Contracts I
BarView detailsRelevant bar examination topic.
Three semester hours credit.
A study of the basic principles of contract formation and enforceability, including offer and acceptance, mutual assent, consideration, promissory estoppel, and the statute of frauds. The course also considers invalidating causes, such as incapacity, misrepresentation and fraud, duress, mistake, unconscionability, and illegality, and provides an introduction to remedies for breach of contract. The common law of contracts and the relevant provisions of the Uniform Commercial Code, including warranties and their disclaimer, are considered.
Contracts II
BarView detailsRelevant bar examination topic.
Three semester hours credit.
Prerequisites: Contracts I.
A continuation of the study of contracts, including remedies for breach of contract, interpretation of contract language, the parol evidence rule, performance and breach of contract, express and constructive conditions, excuse and discharge, impracticability and frustration of purpose, third party beneficiary contracts, and assignment and delegation. The common law of contracts and the relevant provisions of the Uniform Commercial Code are considered.
Property I
BarView detailsRelevant bar examination topic.
Three semester hours credit.
Overview of property law, including acquisition of rights in personal property, fixtures, estates in land and future interests, and landlord and tenant law.
Property II
BarView detailsRelevant bar examination topic.
Three semester hours credit.
Prerequisites: Property I.
Modes of transferring real estate, including contracts to transfer, problems affecting transfer, methods of title assurance, adverse possession, third-party interests in land, including easements, covenants and natural rights, and a brief introduction to deeds of trust and mortgages.
Stage 2
Consider earlier courses plus one or more from below
Civil Pretrial Advocacy
View detailsTwo semester hours credit. Normally offered twice each academic year.
Prerequisites: Must have completed 45 semester hours and have taken or be concurrently enrolled in Texas Pretrial Procedure. These prerequisites will be strictly enforced.
The structure of the course involves students in preparing a realistic civil case against an opponent. Students engage in all aspects of pretrial discovery and motion practice, including client interview, attempts to settle, drafting pleadings, paper discovery, taking depositions, procedural and dispositive motions, and pretrial orders.
Deposition Skills
View detailsTwo semester hours credit. Graded honors pass, pass, low pass, or fail. Normally offered as an intersession course.
This course is designed to provide students with the skills necessary to take and defend depositions. Students will explore why and when to take depositions; how to draft deposition notices for individual deponents, non-party witnesses, and corporate designees; how to draft successful deposition outlines; proper deposition questions and objections; and approaches to dealing with unruly and unprofessional opposing counsel during positions. Students will take and defend several mock depositions.
Civil Trial Advocacy
View detailsThree semester hours credit. Normally offered twice each academic year.
Prerequisites: Must have completed 45 semester hours and Evidence. These prerequisites will be strictly enforced.
Note: Students may receive credit toward graduation for only one trial advocacy course (Civil Trial Advocacy, Criminal Trial Advocacy, or Family Law Trial Advocacy).
The structure of the course involves students in trying a realistic civil case against an opponent. Students engage in all aspects of the trial, including trial motions, voir dire examination of jurors, opening statement, examination of witnesses and closing argument.
Mock Trial Litigation
View detailsTwo semester hours credit. Graded honors pass, pass, low pass, or fail. Normally offered twice each academic year.
Prerequisites: Completion of the first 30 hours of required courses, but completion of fewer than 60 semester hours.
This course is designed to provide intensive training in trial advocacy and culminates each semester in a mock trial competition. Each class will have limited enrollment, and students are divided into teams of four. Each team prepares for the direct and cross-examination of witnesses, opening and closing statements, and trial motions. Students practice and develop skills in theory development, evidence analysis, forensic persuasion and litigation advocacy. No final examination.
Moot Court/Mock Trial Competition
View detailsOne semester hour credit. Graded honors pass, pass, low pass, or fail. Normally offered three times each academic year.
Prerequisites: Completion of the first 30 hours of required courses.
Students are selected by the director of advocacy because of their interest and ability in appellate advocacy competitions. The course is limited to students who are members of a competition team or brief writers for a competition team engaged in one of the inter-law school moot court or mock trial competitions. Once accepted to a competition, it is the student’s responsibility to officially register for Moot Court/Mock Trial through the Registrar’s Office. This must be done during the semester of the competition. No retroactive approval will be granted. This course may be taken for one credit per semester up to a maximum of three hours credit.
Voir Dire/Jury Communication
View detailsTwo semester hours credit. Graded honors pass, pass, low pass, or fail. Normally offered twice each academic year.
The course focuses on substantive instruction and clinical experience in techniques for effective jury communication in all phases of the trial. Particular attention is given to jury selection and techniques for conducting an effective voir dire.
Class Actions & Other Advanced Litigation
View detailsThree semester hours credit. Offered periodically.
Consideration of the special problems encountered in complex litigation. Topics include permitted, required, and forbidden party joinder issues; the problem of parallel litigation, including consolidation of separate actions, transfers between federal courts, parallel federal and state lawsuits, and multidistrict litigation transfers; class actions, including general requirements for a class action, defendant classes, and class-wide and individual remedies; discovery issues; judicial control of the litigation, including selecting lead counsel, attorney’s fees, and sanctions; former adjudication issues, such as claim preclusion and issue preclusion; and alternatives to litigation, such as nonjudicial processes or mini-trials and other judicial devices.
Case Assessment & Strategy
View detailsTwo semester hours credit. Graded honors pass, pass, low pass, or fail. Normally offered as an intersession course.
Four-day skills workshop teaching students to assess cases and strategize during different phases of litigation: when deciding whether to bring suit, during settlement negotiations or plea bargaining, discovery, trial, and assessment of damages or sanctions. Decision trees, basic game theory models, discounted valuations of damages or liability, information costs, and trial sequencing are core skills taught. Students receive an introduction to relevant economic concepts like moral hazard, adverse selection, best cost avoider, the knee of the curve, risk allocation, Pareto Optimality, and negative externalities, which as litigators they can incorporate into a theory of the case or analysis of an opponent’s arguments. Strategies include calculating whether suits should be brought and when they should settle; calculating optimal initial demand amounts during negotiations; and using the sequence of issues in the upcoming trial itself to influence settlement negotiations beforehand.
Appellate Advocacy
View detailsOne semester hour credit. Graded honors pass, pass, low pass, or fail. Normally offered twice each academic year.
Prerequisites: Completion of Legal Research & Writing II and completion or concurrent completion of the first 30 hours of required courses.
Students are divided into teams of two members. Each team prepares an appellate brief and presents oral arguments in a competition. (The Leroy Jeffers Competition is conducted in the fall and the Spurgeon Bell Competition takes place in the spring.) Students practice and develop skills in legal research, brief writing and forensic persuasion. No final examination. Students are encouraged to register for Appellate Advocacy in their first semester or session after completing their first 30 required hours.
Arbitration
View detailsTwo semester hours credit. Normally offered once each academic year.
This course concentrates on the law and procedure of arbitration. Issues include arbitrability, separability, arbitral jurisdiction, non-signatory arbitral jurisdiction, compelling arbitration, FAA preemption, drafting, and analysis of arbitration agreements. Additional considerations of court review, confirmation, and vacatur of arbitral awards are also addressed. Students will be introduced to arbitration advocacy, practice skills, and procedure. The course will also provide a survey of specialized arbitration topics, including commercial, international, labor, employment, securities, and consumer arbitrations.
Mediation Practice
View detailsOne semester hour credit. Graded honors pass, pass, low pass, or fail. Normally offered as an intersession course.
Provides students with mediation certificate training, during which students serve as third-party neutrals, settlement advocates and parties to the dispute. Emphasis is on the practice of mediation through intensive skills training. Students develop an appreciation both for the functioning of the third-party neutral and for the advocate’s role in the alternative dispute resolution process. This course is designed to satisfy the current 40-hour Texas requirement for mediator certification.
Mediation Theory & Practice
View detailsThree semester hours credit. Normally offered twice each academic year. Enrollment is limited to 24 students.
This course examines mediation theory and practice. A variety of readings, exercises, and role-plays will be employed to encourage rigorous analysis of mediation concepts and critical assessment of the application of these concepts in practice. Topics to be covered include negotiation theory, stages of the mediation process, ethical issues in mediation, bringing parties to agreement, legal issues in mediation, dealing with power imbalances, and the lawyer’s role in the mediation process. Students will participate in exercises at various stages of the mediation process.
Representation in Mediation
View detailsTwo semester hours credit. Offered periodically.
This course first provides an in-depth study of negotiation because mediation is essentially a facilitated negotiation. Next, students will be exposed to mediation theory and process in order to gain an understanding of what is important while representing clients in the mediation session itself. Pre-mediation matters will be addressed including preparing cases and clients for mediation. The course will also cover advocacy during the mediation process. All students will have the opportunity to play the role of advocate in several in-class mediations. The goal of this interactive course is for students to develop the essential problem-solving skills for effective client representation in the mediation process.
Negotiation
View detailsTwo semester hours credit. Offered periodically.
This is an interactive skills course designed to teach elements and practice of negotiation. The course examines an array of approaches to negotiation from joint problem-solving to adversarial strategies to improve students’ negotiating skills. Students will be acquainted with the negotiation process as it relates to the court system and law practice. Subject matters range from transactional to litigation settlement. Substantial class time will be devoted to exercises and the practical application of negotiation. Students will be expected to prepare for, participate in, and critique several simulated negotiations.
Interviewing & Counseling
View detailsTwo semester hours credit. Graded honors pass, pass, low pass, or fail. Normally offered as an intersession course.
Examination of the attorney-client relationship, including establishing the relationship in the initial interview; billing arrangements; the importance of continuing communications; case analysis; decision-making; counseling with the client as to case development and strategy; preparation of the client for settlement negotiations as well as trial; termination of the relationship, including the collection of fees. Students will conduct several mock interviews throughout the course.
Judicial Process Clinic I/Academic Internship
View detailsTwo semester hours credit.
Prerequisites: Successful completion of not less than 30, nor more than 44, credit hours and a 2.8 grade point average.
Students arrange their own placements with local, federal, and state judges on both the trial and appellate level, including probate, bankruptcy, and immigration courts. During the Judicial Process Clinic, students observe how the law works in practice, what lawyers do and what judges expect. All students will apply lawyering skills and improve their legal research and writing abilities while preparing legal memoranda, as required by the supervising judge.
Conflict of Laws
View detailsThree semester hours credit. Normally offered once each academic year
A survey of traditional and contemporary approaches to the law relating to transactions having elements in more than one state or country. Topics include domicile and residence; bases of jurisdiction of courts; the choice of law rules developed and applied with respect to torts, contracts, property, domestic relations, and corporations; and recognition and enforcement of sister state and foreign country judgments. A short survey of European approaches is also included.
Remedies
View detailsThree semester hours credit. Normally offered once each academic year.
Nature and sources of equitable rights, principles of equity jurisdiction, enforcement of equity decrees, specific performance of contracts, injunction of torts, reformation of instruments, rescission, restitution, monetary damages and other remedies.
Stage 3
Consider earlier courses plus one or more from below
Mediation Clinic
View detailsThree or four semester hours credit. Normally offered twice each academic year. Maximum of twelve students.
Prerequisites: Mediation Practice, Mediation Theory, or Mediation Theory & Practice.
Students serve as third-party neutrals in Harris County cases requiring dispute resolution procedures and also participate in a classroom component featuring simulated mediation exercises. Students may also participate in EEOC mediations. Throughout the semester, emphasis is on a broad-based exposure to the development, research, and practice of alternative dispute resolution.
Judicial Process Clinic II/Academic Internship
View detailsTwo or three semester hours credit.
Prerequisites: Successful completion of all courses required for graduation (with the exception of the substantial writing requirement) and not less than 45 credit hours and a 2.8 grade point average. Completion of or concurrent enrollment in Texas Pretrial Procedure is recommended.
Students arrange their own placements with local federal and state judges on both the trial and appellate level, including probate, bankruptcy and immigration courts. During these clinics, students observe how the law works in practice, what lawyers do and what judges expect. All students will apply their analytical skills and improve their legal research and writing abilities through the production of legal memoranda.
Family Law
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
Problems of the family, including marriage, termination of the marital status, the parent-child relationship, assisted reproduction and adoption.
Marital Property & Homestead
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
Texas community property system, property rights of husband and wife, rights of other parties, and homestead.
Family Law Clinic–Basic
View detailsTwo semester hours credit. Normally offered three times each academic year. Maximum of eight students.
Prerequisites: Students must have successfully completed a minimum of 45 semester hours and Professional Responsibility.
Cases in this clinic tend to be simple divorces without children or any substantial property. This hands-on civil practice clinic seeks to develop a skills set in factual investigation, client interviewing and counseling, and document drafting (transactional and court-related). There is some limited skills development in legal research, file documentation and maintenance, legal and case theory development, and professional development. The beginning of the course teaches students basic factual investigation and interviewing skills using classroom lecture components, simulations, a live-client file, and a supervised live-client interview. Within the contextual setting of each client’s articulated needs and goals, students draft the appropriate transactional and court-related documents in anticipation of filing and prosecuting the case in a Harris County family district court. Student document assembly software discs are provided early in the class for loading onto student laptops, and complementary course materials are provided through a Westlaw TWEN course page.
Family Law Clinic–Advanced
View detailsThree semester hours credit. Normally offered twice each academic year. Maximum of eight students.
Prerequisites: Students must have successfully completed a minimum of 45 semester hours and a Family Law course or a Family Law Clinic.
Cases in this clinic tend to have more advanced, mixed issues than are found in Family Law Clinic-Basic, such as a divorce joined with contested property, children issues, parentage, grandparent access, post-judgment enforcement or modification, state agency involvement, or service in a court-appointed position (AAL or AMICUS). This hands-on civil practice clinic targets skills development in factual investigation, client interviewing and counseling, legal research, document drafting (transactional and court-related), file documentation and maintenance, legal and case theory development, and professional development. This course assumes some basic knowledge of family law substantive practice.
Family Law Trial Advocacy
View detailsThree semester hours credit. Offered periodically. Enrollment limited to 14 students.
Prerequisites: Must have completed 45 semester hours and Evidence. These prerequisites will be strictly enforced.
Note: Students may receive credit toward graduation for only one trial advocacy course (Civil Trial Advocacy, Criminal Trial Advocacy, or Family Law Trial Advocacy).
This course is designed to simulate the resolution of a family law case. Students begin with an initial client interview, and proceed with emergency temporary hearings, issue identification, discovery, attempted settlement, and trial. Special issues peculiar to family law are addressed, such as client control and communication in the family law setting, expedited hearings, and children’s issues. Since the majority of family law cases are resolved without a jury trial, the course focuses on resolution of a family law matter in a bench trial.
Agency & Partnership
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered twice each academic year.
A study of the legal doctrines governing the formation, operation, and termination of agency relationships, partnerships, limited liability partnerships, limited partnerships, and limited liability companies, including the rights, duties, and obligations of owners and managers.
Corporations
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
A study of the legal doctrines governing the formation, operation, and termination of corporations, including the rights, duties, and obligations of shareholders, directors, and officers.
Business Bankruptcy
View detailsCrossover bar examination topic.
Three semester hours credit. Normally offered once each academic year.
Prerequisites: None but prior or concurrent enrollment in Secured Transactions and Corporations is helpful.
This course is designed not only for those interested in bankruptcy practice, but also for those who anticipate that their practice will involve structuring commercial transactions or litigating business disputes. It examines both legal and financial aspects of business bankruptcy, focusing especially on the process of Chapter 11 business reorganizations. It will consider issues like the causes and prediction of business failures; the decision to seek protection under the bankruptcy laws or to use alternative methods for resolving financial problems; the permissible purposes for which Chapter 11 reorganizations may be used; the operation of the business during the reorganization proceeding; the negotiation and confirmation of a plan of reorganization; the rights of creditors and shareholders in the reorganization; the powers of the debtor-in-possession; valuation of the business; and related tax and financial issues. Students may take both this course and the Consumer Bankruptcy and Debt Collection course; there is very little overlap.
Consumer Bankruptcy & Debt Collection
View detailsCrossover bar examination topic.
Three semester hours credit. Offered periodically.
Prerequisites: None but prior or concurrent enrollment in Secured Transactions is helpful.
This course focuses on the legal and policy issues raised in debt collection and in personal bankruptcies. It first considers the state law procedures for collecting a money judgment, including garnishment, execution, sequestration, judgment liens, turnover orders, judicial sales, and discovery in aid of collection. It then examines and compares the law and policy of both Chapter 7 liquidation bankruptcies for individuals and Chapter 13 individual reorganization bankruptcies, including eligibility, exemptions, discharge of debt, avoidance powers of trustees, the rights of various classes of creditors, jurisdiction, and procedure. It is intended not only for those who expect to engage in a bankruptcy law practice, but also for those who intend to have a general litigation, family and marital law, estate planning, debt collection, or business practice. Students may take both this course and Business Bankruptcy, as the overlap is minimal.
Consumer Transactions
BarView detailsRelevant bar examination topic.
Three semester hours credit. Normally offered three times each academic year.
Survey of statutory consumer protection and remedies afforded by both state and federal laws, including the Texas Deceptive Trade Practices Act, the Texas Insurance Code, and federal and Texas regulation of debt collection practices. Residential home construction also is covered.
Advanced Products Liability Seminar
View detailsTwo semester hours credit. Normally offered once each academic year.
Prerequisites: 45 semester hours plus completion or concurrent enrollment in all required courses (with the exception of the substantial writing credit).
This seminar will examine the interaction of various legal disciplines in the rapidly evolving law of products liability. The course is designed to promote the student’s awareness of the sweeping effects of products litigation. Students will consider special problems, including occupational and environmental exposure, discovery and trial procedure, structured settlements, insurance issues, corporate planning and bankruptcy. This class will also consider legislation relevant to the products liability field.
Insurance
View detailsTwo semester hours credit. Offered periodically.
Property, liability, suretyship, life and accident, and marine insurance contracts; governmental control and regulation; risk, concealment, warranties, representations; waiver and estoppel; subrogation; and cancellation of insurance contracts. Insurance problems arising out of the operation of automobiles are given particular emphasis, such as no-fault insurance, uninsured and under-insured motorists’ coverage.
Intellectual Property Survey
View detailsTwo semester hours credit. Offered periodically.
Requirement: Students who have completed or would be concurrently enrolled in Copyright Law, Patent Law, or Trademarks & Unfair Competition may
enroll in this course only with prior approval from the professor.This course presents an overview of the basic principles of intellectual property law and includes brief coverage of trade secret, trademark, patent, and copyright fundamentals. Some time will be devoted to possible justification for intellectual property generally as well as the differences that mark the various legal protections available for products of the mind. The course is intended primarily for those students who would not otherwise make the intensive study of intellectual property part of their academic or career plan.
Trademarks & Unfair Competition
View detailsTwo semester hours credit. Offered periodically.
Extension of the law of torts to competitive interference with business relations. The course focus is on problems of business conflicts concerning interference with business contracts and employee relationships, trademark and trade-name rights, good will and trade secrets, product and package simulation, deceptive advertising and trade practices, product disparagement, trade libel and statutory unfair trade practices.