The Columbus School of Law

The Catholic University of America

Virginia Practice and Procedure

Spring Semester 2010

Instructor:Jeffrey S. Danzig, Esquire

Telephone:(703) 241-4917

E-mail:

Class Meetings:Thursdays 5:30 p.m.

Course Requirements and Policies

  1. Course Materials

This Section of Legal Drafting uses one text book: Sinclair & Middleditch, Virginia Civil Procedure. Students are also assigned select Rules of the Supreme Court of Virginia and select statutes from the Code of Virginia. Students may retrieve the Virginia Rules and Virginia Code from Lexis or Westlaw, or (for free) on the Legislative Information System on the Virginia General Assembly web site: Students will often be required to access select Virginia Rules or Code Sections in class, so students should bring lap tops with internet access, or print rules or statues before class. Students will be permitted to share lap tops or print-outs for viewing rules and statutes. Additional readings in the form of handouts may be distributed or emailed, and students will be expected to retrieve and review certain statutes, treatises and other materials prior to class as set forth in the syllabus.

  1. Course Objectives

Practicing in the courts of the Commonwealth of Virginia is both challenging and rewarding. The judges and attorneys in the Virginia Court system are knowledgeable, skilled and collegial. Virginia’s procedures sometimes differ significantly from those of other jurisdictions. Thus, the goal of this course is to familiarize students with Virginia’s procedures and to establish a level of comfort for students wishing to practice in Virginia after graduation. An effort has been made to address items that typically appear on the Virginia Bar Exam, which always includes questions about procedure. However, the Virginia Board of Bar Examiners often changes the topics emphasized on the Virginia Bar Exam; so there is no guarantee that any of materials in the course will appear on the Virginia Bar Exam.

  1. Grading
  1. Computation of Grades

Grades in the class will be based on the final examination, currently scheduled for May 8, 2010. This course is subject to the law school’s mandatory grading curve. Grades may be adjusted (higher or lower) as permitted by the law school’s policies based on class participation.

  1. Class Attendance and Participation

Classes meet every Thursday evening(unless otherwise indicated). Prompt and regular attendance is required. I will take attendance every class; and I will note every time a student arrives late to class. Attendance and participation in class sessions is important because we will be using class time to discuss course topics. I reserve the right to lower the grade of any student who is consistently late for or absent from class. As you probably know by now, practicing attorneys who arrive late for court risk having the court call their cases in their absence. Tardiness to client meetings demonstrates a lack of professionalism and respect, and can lead to termination of an attorney’s representation.

The academic policies of the law school state that regular attendance at classes is required and necessary for successful work. Attendance at class is no different than regular attendance at your job, or attention to your clients’ needs and goals – it is expected of all attorneys. The law school attendance policy, which I will follow, provides in relevant part that if a student misses more than two hours of coursework per credit hour, during the course of the semester, the instructor may recommend that the student not receive credit for the course. Thus, a student who misses four hours of classrisks forfeiting credit for the course.

“Participation” is not mere attendance at class. Actual participation consists of: 1) showing that you have prepared for class by reading and thinking about the assigned materials; 2) showing that you understand or are making an effort to understand the facts, concepts, and principles discussed; 3) asking clear questions and building on others’ contributions; 4) making connections between different subjects discussed; 5) using the material to generate your own insights and applications; and 6) exhibiting a willingness to experiment with new skills and approaches to material. Participation in all class activities and exercises is required. I reserve the right to lower the grade of any student who is unprepared or ill prepared for class or who does not participate in class activities, exercises and discussions.

  1. Academic Honesty Guidelines

Your familiarity with the Rules of Professional Conduct for Law Students (the “Rules”), which are located in the Announcements for the law school, is expected. The Rules establish ethical standards for student conduct and apply to all of your work in this course.

  1. Assignment Schedule

The assignment schedule is the general plan for the course set forth in the syllabus; however, you should understand that it might be modified by particular instructions given in class. For example, there may be additional readings.

  1. Additional Information About the Course
  1. Final Examination – The final examination currently is scheduled for May 8, 2010. The final will be “closed book” and students will not be permitted to bring notes or any other materials to the exam.
  1. Distribution of Information

Any information regarding an assignment or the course will either be given out in class, sent via e-mail to you, posted on the second floor assignment board, or left in your student folder. You are responsible for checking these sources regularly, and are accountable for knowing the information. Even excused absences do not justify your being uninformed. I will presume that you will have read any notice that I have posted for you within 24 hours of its posting.

  1. Office Hours

I will have no set office hours, but will be available to meet with you by appointment upon reasonable notice. I also will make myself available by e-mail and by telephone. Please note, however, that due to the nature of my practice, I may not be immediately available to speak with you when you call or e-mail me, particularly during regular business hours. I will make every reasonable effort to make myself available during those times, but the operational needs of my practice during regular business hours come first. Also, please note that although I will communicate with you via email, I have found from experience that often I can assist students more efficiently over the telephone because we can address any follow up questions immediately.

  1. Use of Laptops During Class

Students are encouraged to use laptops in class foraccessing the Virginia Rules and Virginia Code, on-line research and note-taking. You will see that I sometimes use a laptop during class for my lecture notes. However, laptops (and similar devices) may not be used for non-class related activities during classroom time, including, but not limited to, surfing the Internet, blogging, instant messaging, sending or receiving e-mail, or playing games. Internet use can be distracting not just for the user, but also for anyone sitting near that student. Anyone found improperly using a laptop (or similar device) will be warned. Any student found improperly using a laptop (or similar device) after such a warning will not be permitted to bring their laptop (or similar device) to class.

  1. Recording Classes

If you will be absent, you may make arrangements to record the class, but you (or the person making the recording) must notify me no later than the beginning of class. Otherwise, absent exceptional circumstances, I will not permit students to record our class.

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