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Litigation Law Track

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See also Litigation Law Sequence below.

The Litigation Law Track is designed to prepare students academically and practically for litigation practice or other careers relating to dispute resolution. This track program is not a clinical program, but is based upon a belief that solid professional competence requires a sound understanding of the theory and institutions underlying dispute resolution. Accordingly, the specialized track courses focus on the processes of dispute resolution and lawyers' roles from an analytical perspective, as well as on practical advocacy skills. Approximately one-third of the 84 credits required for graduation must be in litigation law courses. The remaining two-thirds of the course work of the track is outside litigation law, thereby ensuring students substantial breadth in their professional training

The course requirements for the Litigation Law Track are as follows:

• 27 credit hours in litigation law courses
• 45 credit hours in required General Law Program courses (including Professional Responsibility)
• 12 credit hours in elective courses

Selected Course Descriptions

Litigation and Dispute Resolution Theory provides the cornerstone of the Litigation Law track. It introduces the theory and practice of litigation and other forms of dispute resolution, and draws upon the basic tools of decision theory, game theory, and economic analysis to address some of the key features of the litigation process and its institutions. Among the topics addressed are the decision to commence litigation and whether to settle or go to trial; settlement negotiations; strategic behavior as affecting decision making by both private actors and the courts; economic analyses of litigation; agency or moral hazard problems presented by both lawyers and courts; the impact of attorney¹s fee arrangements, fee-shifting rules, and court-imposed sanctions; party versus court control of proceedings; and the effect of enforcement costs on competing substantive legal rules.

Evidence and Trial Procedure examines legal rules governing the proof of disputed issues of fact during adversary proceedings. The emphasis is on rules determining the admissibility of various types of evidence, including testimonial evidence (hearsay rules and impeachment of witnesses), documentary evidence, and scientific and expert evidence. The course also considers judicial notice as substitute for evidence, burdens of proof, and the effect of jury trial on rules of evidence.

Pretrial Advocacy covers procedural, substantive, and pragmatic aspects of corporate litigation, including the relationship between in-house and outside counsel. It examines arbitration and alternative dispute resolution. The course considers issues such as conflict of laws; issue preclusion; jurisdiction; organization of complex judicial proceedings such as class actions and multidistrict litigation; corporate governance issues in derivative litigation; federalism in securities law cases; problems concerning the role of the corporate entity; and the problems of attorney's fee arrangements and litigation budgeting.

Proof  focuses on the analysis of the persuasive value of evidence and the methods of constructing and improving inferential chains of proof. Topics include the analysis and synthesis of inference networks; consideration of the relationships of proof and probability; and the processes of generating and testing factual hypotheses.

Trial Advocacy provides training in the preparation and presentation of evidence in jury and non-jury trials.

Litigation Law Track Thesis requires the student to develop, expand, and refine a research paper into an article suitable for publication in a law journal.

Schedules for the Litigation Law Track

Note: The following schedules are illustrative of the general order in which students should take courses. Some courses might not be offered during the semesters indicated in these schedules, so be sure to check with the Records Office for a current schedule of courses.

Day Division			Evening Division
First Year--Fall			First Year--Fall
Legal Research, Writing, and Analysis I	2		Legal Research, Writing, and Analysis I	2
Torts I	3		Torts I	3
Contracts I	3		Contracts I	3
Property	4		Economic Foundations of Legal Studies	3
Economic Foundations of Legal Studies	3
Total	15		Total	11

 

First Year--Spring			First Year--Spring
Legal Research, Writing, and Analysis II	2		Legal Research, Writing, and Analysis II	2
Torts II	3		Torts II	3
Contracts II	3		Contracts II	3
Civil Procedure	4		Civil Procedure	4
Criminal Law	3
Total	14		Total	12

 

Second Year--Fall			Second Year--Fall
Legal Research, Writing, and Analysis III	2		Legal Research, Writing, and Analysis III	2
Constitutional Law	4		Constitutional Law	4
Business Associations	4		Property	4
Litigation and Dispute Resolution Theory	3
Evidence and Trial Procedure	3
Total	16		Total	10

Second Year--Spring			Second Year--Spring
Legal Research, Writing, and Analysis IV	2		Legal Research, Writing, and Analysis IV	2
Administrative Law	3		Administrative Law	3
Professional Responsibility	2		Criminal Law	3
Proof	2		Constitutional Law II*	2
Constitutional Law II*	2		Electives	0-2
Electives	2-3
Total	13-14		Total	10-12

   

Third Year--Fall			Third Year--Fall
Trial Advocacy	2		Business Associations	4
Litigation Law Track Thesis	2		Litigation and Dispute Resolution Theory	3
Federal Courts	3		Evidence and Trial Procedure	3
Criminal Procedure	3
Elective	2-3
Total	12-13		Total	10

 

Third Year - Spring			Third Year - Spring
Quantitative Forensics	3		Proof	2
Pre-Trial Advocacy	2		Professional Responsibility	2
Electives	6-9		Electives	6-7
Total	11-14		Total	10-11

 

			Fourth Year - Fall
			Litigation Law Track Thesis	2
			Federal Courts	3
			Trial Advocacy	2
			Criminal Procedure	3
			Total	10

 

			Fourth Year - Spring
			Quantitative Forensics	3
			Pretrial Advocacy	2
			Electives	5-7
			Total	10-12

 

Total Hours:

84

Total Hours:

84

Note:

* Note: Constitutional Law II is a requirement for students who entered law school in Fall 2003. This means that it is first required in Spring 2005.

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Litigation Law Sequence

George Mason law students may, in the alternative, choose to pursue the Litigation Law Sequence This sequence is designed for students who wish to gain a solid foundation in litigation law, but who also wish to have more flexibility in their course of study.

In order to complete the Litigation Law Sequence, students must complete the following litigation law courses:

Course	Credit Hours
Litigation and Dispute Resolution Theory	3
Evidence and Trial Procedure	3
Proof	2
Trial Advocacy	2
Pretrial Advocacy	2

Procedural elective selected from the following list: Advanced Administrative Law; Advanced Constitutional Law: First Amendment; Advanced Constitutional Law: Takings; Criminal Procedure; Federal Courts; Legislation; Public Choice and Public Law; Quantative Forensics.