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Civil Litigation,9781401848293

Civil Litigation

by ; ;
Edition:
4th
ISBN13:

9781401848293

ISBN10:
140184829X
Format:
Hardcover
Pub. Date:
7/20/2004
Publisher(s):
Cengage Learning
List Price: $252.95

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Summary

The Civil Litigation authors present legal principles and their application to litigation work in a very practical manner, making it easier to grasp the many concepts involved. The litigation process is covered in detail in a host of contexts so the reader can understand the relationship of litigation to other legal specialties. Sample documents such as complaints, answers, interrogatories and deposition summaries are presented and explained in relevant chapters, giving readers familiarity with documents they will encounter in the litigation law office setting. Several features in each chapter help reinforce the material. Questions for Review help the reader recall the important legal concepts of the chapter. Questions for Analysis promote understanding and application of the material to factual situations, and chapter exercises and projects provide the chance to apply the chapter material to such projects as drafting sample documents. In particular, an exercise in each chapter relates to a single case, giving students the opportunity to work it from beginning to end, simulating an on-the-job experience. Unique to this book is the on-line availability of state-specific supplements covering state law and practice for several states including California, New York, Ohio, Florida, and Texas.

Table of Contents

Preface ix
Acknowledgments xvii
About the Authors xviii
PART I INTRODUCTION TO CIVIL LITIGATION
Litigation and the Paralegal
3(22)
What Civil Litigation Is
4(4)
Different Types of Civil Lawsuits
8(1)
Alternatives and Limitations to Litigation
8(2)
Procedural versus Substantive Law
10(1)
Sources of the Law
10(4)
The Role of the Litigation Paralegal
14(2)
Skills Required of the Litigation Paralegal
16(3)
Practical Tips for Success in the Law Firm
19(6)
The Courts and Jurisdiction
25(34)
The Courts and Litigation
26(2)
Federal Court System
28(4)
State Court Systems
32(1)
Jurisdiction
33(17)
Venue
50(9)
PART II INITIATING LITIGATION
Preliminary Considerations
59(24)
Determining the Existence of a Cause of Action
60(3)
Time Limitations
63(6)
Feasibility of the Lawsuit
69(1)
Turning Down a Case
69(1)
Ethical Considerations in Accepting a Case
69(3)
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(2)
Evidence
94(6)
Methods for Locating and Preserving Evidence
100(3)
Expert Witnesses
103(6)
The Initial Pleadings
109(42)
Initial Pleadings
111(2)
Parties to the Lawsuit
113(6)
Jurisdiction and Venue
119(2)
The Claim or Cause of Action
121(5)
Demand for Relief
126(3)
Drafting the Complaint
129(5)
Filing the Complaint
134(3)
The Summons
137(2)
Service of the Complaint
139(3)
Amending the Complaint
142(9)
Responses to the Initial Pleading
151(34)
Responding to the Initial Pleading
154(3)
Types of Answers
157(3)
Drafting the Answer
160(8)
Counterclaims, Cross-Claims, and Third-Party Complaints
168(10)
Legal Challenges to the Complaint
178(1)
Failure to Answer
179(6)
Motion Practice
185(24)
Motions Generally
186(1)
Preparing, Serving, and Responding
187(6)
Court Procedures Involving Motions
193(3)
Specific Motions
196(6)
Preliminary Injunctions and Temporary Restraining Orders
202(7)
PART III DISCOVERY
Overview of the Discovery Process
209(28)
The Nature of Discovery
211(7)
The Extent of Allowable Discovery
218(8)
Duty of Mutual Disclosure under Rule 26
226(4)
Cooperating with Discovery
230(7)
Depositions
237(24)
The Deposition
239(1)
The Nature of the Oral Deposition
239(2)
E-Discovery and Oral Depositions
241(2)
The Paralegal's Role before the Oral Deposition
243(7)
The Paralegal's Role during the Oral Deposition
250(2)
The Paralegal's Role after the Oral Deposition
252(4)
The Deposition upon Written Questions
256(5)
Interrogatories
261(20)
Interrogatories
263(2)
Drafting Interrogatories
265(8)
Drafting Answers to Interrogatories
273(8)
Physical and Mental Examinations
281(16)
The Physical or Mental Examination
282(2)
Filing a Motion for Compulsory Examination
284(1)
Requirements for Granting the Motion for Compulsory Examination
284(2)
Granting a Motion for Compulsory Examination
286(2)
The Paralegal's Role in Physical and Mental Examinations
288(9)
Request for Documents
297(38)
The Request for Documents
299(7)
E-Discovery and Document Requests
306(4)
Protection of Documents
310(2)
Requesting the Production of Documents
312(7)
Responding to a Request for Documents
319(6)
Organizing and Indexing the Documents after Production
325(1)
Inspection of Property
326(1)
E-Evidence and On-Site Inspections
327(8)
Request for Admissions
335(18)
The Request for Admissions
337(2)
Drafting the Request for Admissions
339(6)
Responding to the Request for Admissions
345(8)
PART IV PRETRIAL, TRIAL, AND POSTTRIAL
Settlements, Dismissals, and Alternative Dispute Resolution
353(26)
The Settlement
355(2)
Settlement Offers
357(6)
Settlement Agreements and Releases
363(5)
Dismissals, Consent Decrees, and Distribution of Funds
368(3)
Alternative Dispute Resolution
371(8)
Trial Techniques
379(46)
Preliminary Preparation for Trial
381(8)
Preparation of Witnesses
389(4)
Preparation of Exhibits and Briefs
393(9)
Coordinating Trial Logistics
402(2)
Preliminary Steps in the Trial Process
404(2)
The Jury Process
406(2)
The Trial
408(9)
The Paralegal's Role at Trial
417(8)
Posttrial Practice
425(22)
Posttrial Motions
427(1)
The Preliminary Steps in the Appeal
427(8)
The Appellate Brief
435(4)
Coordinating the Oral Argument
439(1)
Final Procedures
440(7)
Appendix A Sample Deposition 447(14)
Appendix B Bennett Research File 461(12)
Glossary 473(12)
Index 485


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