Civil Litigation

Civil litigation is an umbrella term for the broad spectrum of disputes that could wind up in court and that are not criminal in nature. For instance, civil litigators can represent clients who are injured in a car accident or seeking a divorce, or they can represent a large corporation who claims its intellectual property has been misappropriated.

Civil litigators are often referred to as trial lawyers, but much of their work is pre-trial. Indeed, civil litigators must hone their legal skills to represent clients from the inception of the dispute until the jury verdict and beyond. As a result, litigators may also engage in appellate advocacy.

Civil litigators often represent both plaintiffs or defendants—plaintiffs being the parties who initiate a lawsuit and defendants being the parties who are sued. In some areas of civil litigation, lawyers often "pick a side" and limit their practice to representing either plaintiffs or defendants. This is common in personal injury work as well as employer-employee disputes. In other areas, such as commercial litigation, civil litigators represent either side equally.

Civil litigators can be generalists, who represent clients in a broad spectrum of legal issues, or specialists, who focus on substantive areas, such as intellectual property, tax, or employment litigation.

Litigators may work for the government, in-house counsel and corporations, or public interest organizations. Many aspiring litigators gain useful experience in the field by clerking for a trial court judge.

Courses

Courses designated as "primary" are foundational, while those listed as "secondary" contain relevant and related content. "Co-curricular" courses are credit-bearing extra-curricular activities, while "experiential" courses are practice-based offerings. Please keep in mind that the focus of any course will vary depending on the instructor.

Primary Courses

151: Civil Procedure 4 credits PRIMARY

A survey of proceedings in a civil action, including jurisdiction of state and federal courts, law for the case, pleading and parties, pre-trial and discovery, trial and appeal.

207: Evidence 3 or 4 credits PRIMARY

A study of the rules and standards by which the admission of proof at a trial is regulated. Special reference to the Federal Rules of Evidence.

570: Pre-Trial Practice and Procedure 3 credits PRIMARY

This course exposes students to the fundamentals of civil pre-trial litigation with an emphasis on equipping participants for the real-world practice of law. By working through a hypothetical case, students learn about litigation strategy and case analysis while practicing foundational lawyering skills including drafting pleadings, motions, and discovery; interviewing clients and witnesses in formal and informal settings; conducting oral arguments; and engaging in a mediated settlement conference. The class has a heavy practical focus and includes regular written assignments and in-class exercises.

576: Complex Civil Litigation 2 or 3 credits PRIMARY

This course is about complex civil litigation and covers a variety of civil procedure topics not taught in the first-year course (and a few that are) that bear on complex litigation. Topics that are covered include consideration of what makes a civil case complex, advanced joinder devices (intervention, necessary parties, interpleader, consolidation), multidistrict litigation, overlapping state and federal actions, including injunctions against prosecuting duplicative actions, discovery and the conflict between zealous representation and the obligation of cooperation in discovery, confidentiality orders, appellate jurisdiction, attorney’s fees, and mechanisms to structure the trial, such as bifurcation of issues. A substantial portion of the course covers class actions.

Secondary Courses

266: Litigation Drafting 2 or 3 credits SECONDARY

Legal drafting in the litigation setting. Students will be required to draft and evaluate typical litigation documents. Students can take both Litigation Drafting and Pre-trial Practice and Procedure.

290: Business Litigation Skills 1 credit SECONDARY

This intensive course will introduce students to the practical aspects of all stages of business litigation, from client intake to appeal. Students will learn now to use relevant tools, including court and governmental websites such as PACER, the official US District Court websites, and the North Carolina courts website, as well as how to complete required court forms.

304: Equitable and Legal Remedies 3 credits SECONDARY

This course examines the ways a civil court might provide redress for a plaintiff's harm. It covers damages, restitution, injunctions, and declaratory judgments.

403: Conflict of Laws 3 credits SECONDARY

A study of the choice of law rules applicable where at least one of the operative issues in a case is connected with some state or country other than the one in which suit is brought at the national level or the international level; jurisdiction of courts over persons, things, and property in the national and transnational context; recognition and enforcement of judgments on the national and international levels; business and estate planning issues in law in different jurisdictions. (although this course is traditionally known as conflict of laws in the United States, it is known as private international law elsewhere)

477: eDiscovery 1 credit SECONDARY

Electronically stored information (ESI) is growing exponentially. With the rapid growth of data, attorneys engaged in a variety of practices are faced with the challenges of handling Electronic Discovery, whether it be their client's email, mobile devices, computers, etc. Attorneys now have an obligation to understand not only the substantive legal issues of their matters but the fundamentals surrounding eDiscovery that they will undoubtedly encounter in the legal profession. This course will provide students with a foundational knowledge of the eDiscovery landscape including the technical, legal, and ethical aspects they will encounter as attorneys. Students will gain a practical understanding of all aspects of the eDiscovery Reference Model (EDRM) and learn to use an industry-leading document review platform through hands-on learning, skills that will be of immediate value if tasked with managing discovery in a litigation or investigation as a new attorney.

514: Federal Courts 3 credits SECONDARY

A study of issues related to the jurisdiction of the U.S. trial and appellate courts, including subject matter jurisdiction, venue, judicial jurisdiction, standing, and other issues particularly related to federal courts, such as the abstention doctrine, forum non conveniens, choice of law, and joinder of state and federal law issues in the same case.

531: Juvenile Law 2 or 3 credits SECONDARY

This course will include an overview of juvenile delinquency law, as well as criminal child abuse and neglect issues, and a comprehensive look at child abuse and neglect law and procedure, including termination of parental rights actions, relevant federal legislation, and interstate compacts. The course will also cover the major types of adoption - agency, relative, stepparent, independent, and adult - from adoption petition to entry of final decree and post-adoption issues.

565: Dispute Resolution 3 credits SECONDARY

A study of traditional and alternative methods of resolving disputes and use of techniques such as arbitration and mediation will be studied. Negotiation theory and tactics will also be explored. Students who have taken Mediation in the past or who are currently enrolled in or who plan to take Mediation may not register for Dispute Resolution.

606: Advanced Legal Research 2 credits SECONDARY

Provides students with the opportunity to expand their skills in using primary and secondary legal sources in the context of legal practice so they can competently represent their clients. The course covers a range of topics, including statutory and case law research, practice materials, specialized topical resources, and cost-effective research strategies. Upon completion of this course, students will have gained experience in formulating efficient research methodologies and evaluating sources of legal information in various formats.

Experiential Courses

345: Semester in Practice 10 or 11 credits EXPERIENTIAL

This is the field placement component of a full term externship program and is paired with the Externship Lecture course. Total credits between Semester in Practice and Externship Lecture will total 13. The number of credit hours awarded to an individual student will determine the hours of work required at the field placement and meet or exceed the ABA standards. In accordance with ABA guidelines, students work at a placement under a supervising attorney. C-LAW 300.

520: D.C. Summer Externship/Judicial Clerking 3 or 6 credits EXPERIENTIAL

This experiential course is ideal for prospective law clerks or future litigators who wish to learn more about the perspective behind the bench. It explores the purpose and function of a law clerk, the nature and structure of the judiciary, how to apply for and obtain a clerkship, and most importantly, how to perform it well. Topics of discussion include judicial ethics, chambers confidentiality, docket management, courtroom decorum, professionalism, judicial drafting, and other issues that law clerks commonly encounter. Among other things, students draft an 11-day memo, bench memo, and judicial opinion. The course also includes Lunch & Learn events with federal judges, field trips to the U.S. Supreme Court, FBI, etc., and visits from guest speakers, including a prosecutor, in-house counsel, DOJ attorney, and partners at prominent law firms.

540: Judicial Externship 1 or 3 credits EXPERIENTIAL

A clinical study of law from the viewpoint of the bench; offered only during the summer. The student works as a judicial extern for a state or federal judge. Students will observe trials, conferences, and hearings and research law and procedure under the judge's direction. A student must have completed their first year of law school in order to participate. Due to scheduling concerns, permission must be obtained from the professor before registering for this course.

603: Litigation Externship Lecture 2 or 3 credits EXPERIENTIAL

The course provides students with an opportunity to build upon their placement experience with a litigation-focused curriculum. The course is complementary to other litigation-focused courses but is developed to meet or exceed ABA standards for experiential learning. C-LAW 602.

610: Trial Practice Lecture 1 credit EXPERIENTIAL

A series of lecture/discussion and lab classes devoted to the study of examining witnesses and trying cases that include the following topics: pretrial motions, jury selection, opening statement, direct and cross-examination, impeachment, laying foundations for exhibits, and closing arguments. Students learn how to separate fact from argument, how to mine and polish facts, and how to examine witnesses and introduce exhibits, which are critical skills in both depositions and trials. Each element of the trial is studied in discrete weekly lectures/discussions and lab classes that culminate in a final mock jury trial with a presiding judge and jurors in the box. P-LAW 207

611: Advanced Trial Practice 3 credits EXPERIENTIAL

This course covers several subject areas not covered in depth in the basic trial practice course: voir dire, witness preparation, expert witness examination, and case planning. Students will perform exercises in each of these areas. They will try two cases during the semester. The last trial is an advanced civil case that serves as their final exam and requires the use of courtroom technology. P-LAW 207, 610, and 610L.

676: Summer Externship 4 credits EXPERIENTIAL

This course is currently available only in the summer. The director of the externship designates one or more cities in North and South Carolina, usually including Charlotte, NC, and offers the students externships in a designated practice area. The practice areas vary from summer to summer. Students meet weekly with the director to integrate and apply the doctrinal insights received elsewhere in the law school curriculum and in the subject matter of the field placements.

Co-Curricular Activities

615: Trial Team 1 credit ACTIVITY

Interscholastic trial competition for selected students. Students may repeat this course for a maximum of three hours of credit.

Faculty

The following faculty are knowledgeable about the topic and may be a useful resource for you.

Alyse Bertenthal

Associate Professor of Law

Professor of Law

Professor of Law

Professor of Law

Bess and Walter Williams Professor of Law

Marie-Amélie George

Professor of Law

Allyson E. Gold

Associate Dean for Experiential Learning

Laura Graham

Professor of Legal Writing

Raina Haque

Professor of Practice

Christopher Knott

Associate Dean for Information Services

John H. Knox

Henry C. Lauerman Professor of International Law

John Korzen

Associate Professor of Legal Writing

Chris Meazell

Professor of Practice

Sarah J. Morath

Professor of Law

Wendy Parker

Research Professor of Law

Wilson Parker

Professor of Law

Gregory Parks

Professor of Law

Sidney Shapiro

Frank U. Fletcher Chair in Administrative Law

Margaret Taylor

Professor of Law

Steve Virgil

Clinical Professor of Law

Related Pathways

A to Z Index

Directory

Civil Litigation

Courses

Primary Courses

151: Civil Procedure 4 credits PRIMARY

207: Evidence 3 or 4 credits PRIMARY

570: Pre-Trial Practice and Procedure 3 credits PRIMARY

576: Complex Civil Litigation 2 or 3 credits PRIMARY

Secondary Courses

266: Litigation Drafting 2 or 3 credits SECONDARY

290: Business Litigation Skills 1 credit SECONDARY

304: Equitable and Legal Remedies 3 credits SECONDARY

403: Conflict of Laws 3 credits SECONDARY

477: eDiscovery 1 credit SECONDARY

514: Federal Courts 3 credits SECONDARY

531: Juvenile Law 2 or 3 credits SECONDARY

565: Dispute Resolution 3 credits SECONDARY

606: Advanced Legal Research 2 credits SECONDARY

Experiential Courses

345: Semester in Practice 10 or 11 credits EXPERIENTIAL

520: D.C. Summer Externship/Judicial Clerking 3 or 6 credits EXPERIENTIAL

540: Judicial Externship 1 or 3 credits EXPERIENTIAL

603: Litigation Externship Lecture 2 or 3 credits EXPERIENTIAL

610: Trial Practice Lecture 1 credit EXPERIENTIAL

611: Advanced Trial Practice 3 credits EXPERIENTIAL

676: Summer Externship 4 credits EXPERIENTIAL

Co-Curricular Activities

615: Trial Team 1 credit ACTIVITY

Faculty

Related Pathways

Appellate Advocacy

Government

In-House Counsel and Corporations

Public Interest Organizations

Dispute Resolution

Judicial Clerkships