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Civil Litigation,9780766826694

Civil Litigation

by
Edition:
3rd
ISBN13:

9780766826694

ISBN10:
0766826694
Format:
Hardcover
Pub. Date:
11/2/2000
Publisher(s):
Cengage Learning
List Price: $209.95

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Summary

Civil Litigation is a book designed to familiarize the paralegal with all aspects of the civil litigation process and the role of the paralegal in that process. It combines substantive legal principles, and offers practical applications of those principles through use of numerous sample documents. The book presents a chronological approach to litigation, starting with the opening stages of a lawsuit, progressing to the preparing of pleadings and motions, followed by discovery, and concluding with pre-trial, trial and appellate proceedings. Litigation technology and relevant Internet sources are also incorporated into each chapter. This revised book is an excellent resource for those seeking a paralegal career in a litigation practice.

Table of Contents

Preface ix
Acknowledgments xvii
About the Authors xix
PART I INTRODUCTION TO CIVIL LITIGATION
Litigation and the Paralegal
3(24)
What Civil Litigation Is
4(4)
Different Types of Civil Lawsuits
8(1)
Alternatives and Limitations to Litigation
9(1)
Procedural versus Substantive Law
10(1)
Sources of the Law
11(2)
The Role of the Litigation Paralegal
13(4)
Skills Required of the Litigation Paralegal
17(3)
Practical Tips for Success in the Law Firm
20(7)
The Courts and Jurisdiction
27(32)
The Courts and Litigation
28(3)
Federal Court System
31(2)
State Court Systems
33(1)
Jurisdiction
34(17)
Venue
51(8)
PART II INITIATING LITIGATION
Preliminary Considerations
59(24)
Determining the Existence of a Cause of Action
60(2)
Time Limitations
62(6)
Feasibility of the Lawsuit
68(1)
Turning Down a Case
68(2)
Ethical Considerations in Accepting a Case
70(2)
Ethical Considerations after Accepting a Case
72(11)
Investigation and Evidence
83(26)
The Client Interview
84(6)
Locating Fact Witnesses or Elusive Defendants
90(2)
Techniques for Interviewing Fact Witnesses
92(3)
Evidence
95(7)
Methods for Locating and Preserving Evidence
102(2)
Expert Witnesses
104(5)
The Initial Pleadings
109(40)
Initial Pleadings
111(2)
Parties to the Lawsuit
113(6)
Jurisdiction and Venue
119(1)
The Claim or Cause of Action
120(6)
Demand for Relief
126(3)
Drafting the Complaint
129(4)
Filling the Complaint
133(3)
The Summons
136(1)
Service of the Complaint
136(3)
Amending the Complaint
139(10)
Responses to the Initial Pleading
149(32)
Responding to the Initial Pleading
150(5)
Types of Answers
155(3)
Drafting the Answer
158(7)
Counterclaims, Cross-Claims, and Third-Party Complaints
165(7)
Legal Challenges to the Complaint
172(3)
Failure to Answer
175(6)
Motion Practice
181(26)
Motions Generally
182(1)
Preparing, Serving, and Responding
183(5)
Court Procedures Involving Motions
188(4)
Specific Motions
192(7)
Preliminary Injunctions and Temporary Restraining Orders
199(8)
PART III DISCOVERY
Overview of the Discovery Process
207(24)
The Nature of Discovery
209(4)
The Extent of Allowable Discovery
213(6)
Duty of Mutual Disclosure under Rule 26
219(4)
Cooperating with Discovery
223(8)
Depositions
231(22)
The Deposition
232(1)
The Nature of the Oral Deposition
233(2)
The Paralegal's Role Before the Oral Deposition
235(7)
The Paralegal's Role During the Oral Deposition
242(2)
The Paralegal's Role After the Oral Deposition
244(3)
Special Types of Depositions
247(6)
Interrogatories
253(20)
Interrogatories
254(2)
Drafting Interrogatories
256(9)
Drafting Answers to Interrogatories
265(8)
Physical and Mental Examinations
273(16)
The Physical or Mental Examination
274(2)
Filing a Motion for Compulsory Examination
276(1)
Requirements for Granting the Motion for Compulsory Examination
276(2)
Granting a Motion for Compulsory Examination
278(2)
The Paralegal's Role in Physical and Mental Examinations
280(9)
Request for Documents
289(30)
The Request for Documents
290(6)
Protection of Documents
296(2)
Requesting the Production of Documents
298(7)
Responding to a Request for Documents
305(7)
Organizing and Indexing the Documents After Production
312(1)
Inspection of Property
313(6)
Request for Admissions
319(18)
The Request for Admissions
320(3)
Drafting the Request for Admissions
323(6)
Responding to the Request for Admissions
329(8)
PART IV PRETRIAL, TRIAL, AND POSTTRIAL
Settlements, Dismissals, and Alternative Dispute Resolution
337(26)
The Settlement
339(2)
Settlement Offers
341(7)
Settlement Agreements and Releases
348(4)
Dismissals, Consent Decrees, and Distribution of Funds
352(3)
Alternative Dispute Resolution
355(8)
Trial Techniques
363(48)
Preliminary Preparation for Trial
364(9)
Preparation of Witnesses
373(3)
Preparation of Exhibits and Briefs
376(10)
Coordinating Trial Logistics
386(2)
Preliminary Steps in the Trial Process
388(1)
The Jury Process
389(3)
The Trial
392(12)
The Paralegal's Role at Trial
404(7)
Posttrial Practice
411(20)
Posttrial Motions
412(1)
The Preliminary Steps in the Appeal
413(5)
The Appellate Brief
418(5)
Coordinating the Oral Argument
423(1)
Final Procedures
424(7)
Appendix A Sample Deposition 431(14)
Glossary 445(12)
Index 457


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