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Civil Procedure and Litigation A Practical Approach

ISBN-10: 0314126368
ISBN-13: 9780314126368
Edition: 2000
List price: $171.95
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Description: Integrating legal theory with practice in a most unusual way, this user-friendly text uses an intriguing story line to engage students. Workshops take users through the steps of preparing a case for trial - from drawing up pleadings and motions to  More...

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Book details

List price: $171.95
Copyright year: 2000
Publisher: Delmar Cengage Learning
Publication date: 1/21/2000
Binding: Paperback
Pages: 743
Size: 8.50" wide x 10.75" long x 1.25" tall
Weight: 3.718
Language: English

Integrating legal theory with practice in a most unusual way, this user-friendly text uses an intriguing story line to engage students. Workshops take users through the steps of preparing a case for trial - from drawing up pleadings and motions to computing time. "Putting It Into Practice" questions appear throughout each chapter, challenging students to apply each concept as they read along. Significant emphasis is placed on local and state rules and the text provides space for students to write in the rules and procedures that apply to them. Users are encouraged to create a "forms file" so they have a notebook of forms they can take with them to their first job. Other pedagogical tools include "Procedural Ponderables" that challenge students to think beyond the rules, "Litigation Lingo and Logistics" that provides hypotheticals and interesting exercises, and "Techno Tips" that introduce readers to helpful computer programs, formatting, and other technical issues. ALSO AVAILABLE COMING SOON West Paralegal Comprehensive CTB-2000-II, ISBN: 0-7668-1773-3

Dr. Linda L. Edwards is an attorney and author, having written or co-written seven textbooks in the legal assistant field. She was an instructor in the Justice and Legal Studies Department at Phoenix College for 24 years until her retirement in January 2001. During her tenure as program director, she was responsible for creating dozens of new classes in both legal assisting and criminal justice.

Introduction
Objectives
Background
What Is Civil Procedure and Why Should You Study It?
The Importance of Procedure
Terminology
The Main Phases of a Lawsuit
Pre-Suit Phase
Preparation Phase
Trial Phase
Post-Judgment Phase
Alternative Paths
Role of the Paralegal
Ethical Etiquette
Practice Pointers
Courts and Filings
Objectives
Introduction
What Are Courts and Where Do They Come From?
Federal Courts
Procedure in Appellate Courts
State Courts
Administration
Special Courts
City and Small Claims Court
Which Court Do I Sue In?
How Do I Find Out What Procedures Apply?
General Questions of Federal Procedure
State Law Procedure Questions
Administrative Detail
Specialty Cases
Role of the Paralegal
Ethical Etiquette
Practice Pointers
Road Map of a Lawsuit: Prefiling Preparation and Pleadings
Objectives
The Phases of a Lawsuit
Prefiling Phase
Investigation and Fact Gathering
Strategic Decision Making
Prerequisites to Suit
Positioning the Case
Settlement Negotiations
Other Considerations
Role of the Paralegal
Suit Preparation Phase: Pleadings
Complaint
Filing and Service of Process
Answer
Filing and Service of Answer
Reply
Choice of Forum
Joinder of Issue
Role of the Paralegal
Ethical Etiquette
Practice Pointers
Road Map of a Lawsuit: Discovery
Objectives
The Invisible Middle
Discovery
Depositions
Written Interrogatories
Request for Production of Documents and Things
Requests for Admissions
Discovery of Expert Opinion
Independent Medical Examinations
Mandatory Disclosure Statements and Limitations on Discovery
Enforcement
Informal Gathering of Evidence
Role of the Paralegal
Ethical Etiquette
Practice Pointers
Road Map of a Lawsuit: Motions
Objectives
Motion Practice
How Motions Are Presented
How Motions Are Decided
Motions on the Merits
Other Tactical Motions
Discovery Motions
Scheduling Orders and Deadlines
The All-Purpose Motion: Motion for a Pretrial Conference
Role of the Paralegal
Ethical Etiquette
Practice Pointers
Alternative Dispute Resolution
Objectives
What Is ADR?
History of ADR
Arbitration
Forms of Arbitration
Selection of Arbitrators
Arbitration Process
Role of the Paralegal
Mediation
Forms of Mediation
Mediation Process
Role of the Paralegal
Med-Arb
Role of the Paralegal
Summary Jury Trial
Mini-Trial
Role of the Paralegal
Other Options
Bright and Dark Side of ADR
Limitations of ADR
Ethical Etiquette
Practice Pointers
Road Map of a Lawsuit: Pretrial Practice, Trials, and Judgments
Objectives
Getting to Trial
Obtaining a Trial Setting
Pretrial Conferences, Statements, and Orders
The Countdown to Trial
Role of the Paralegal
Trying the Case
Jury Selection
Opening Statements
Presentation of Evidence
Getting from Verdict to Judgment
Ethical Etiquette
Practice Pointers
Road Map of a Lawsuit: Judgment Collection and Appeal
Objectives
Introduction
Collecting the Judgment
The Collectibility Conundrum
Finding Assets
Execution
The Judgment Debtor's Options
Role of the Paralegal
Appeal
Role of the Paralegal
Ethical Etiquette
Practice Pointers
Workshops
Claims and Their Elements
Introduction: The Substantive Building Blocks of a Lawsuit
The Issues Outline
The Issues Outline: Step-by-Step Instructions
The Issues Outline: Learning by Example
The Issues Outline: Learning by Doing
Exercises
Practice Pointers
Choosing a Court: Jurisdiction, Venue, and Choice of Law
Introduction: Why the Choice of Forum Is Important
Choosing a Court: Step-by-Step Instructions
Choosing a Court: Learning by Example
Choosing a Court: Learning by Doing
Exercises
Practice Pointers
Working Up a Case for Suit
Introduction: Case Workup
Case Workup: Step-by-Step Instructions
Client Interviewing Steps
Investigation Steps
Settlement Demand Steps
Case Workup: Learning by Example
Client Interviewing Steps
Investigation Steps
Settlement Demand Steps
Case Workup: Learning by Doing
Exercises
Practice Pointers
Court Papers
Introduction: Creating a Court Paper that Complies with Format Rules
Creating a Court Paper: Step-by-Step Instructions
Creating a Court Paper: Learning by Example
Creating a Court Paper: Learning by Doing
Exercises
Practice Pointers
Drafting Pleadings: Complaints
Introduction: Complaint Drafting
Complaint Drafting: Step-by-Step Instructions
Preparatory Steps
Drafting Steps
Concluding Steps
Complaint Drafting: Learning by Example
Preparatory Steps
Drafting Steps
Concluding Steps
Complaint Drafting: Learning by Doing
Exercises
Practice Pointers
Serving the Complaint
Introduction: Rationale Behind Service of Complaints
How to Serve a Summons and Complaint
Serving the Complaint: Step-by-Step Instructions
Serving the Complaint: Learning by Example
Serving the Complaint: Learning by Doing
Exercises
Practice Pointers
Paper Flow in a Litigation Office: Service, Docketing, and Deadlines
Introduction: The Devil Is in the Details
How to Serve Court Papers after the Complaint
How to Compute Deadlines
Setting Deadlines: Step-by-Step Instructions
Setting Deadlines: Learning by Example
Setting Deadlines: Learning by Doing
Exercises
Practice Pointers
Drafting Pleadings: Responsive Pleadings
Introduction: The Role of the Answer
Alternatives to Filing an Answer
Strategic Considerations and the Role of the Paralegal
Answer Drafting: Step-by-Step Instructions
Preparatory Steps
Drafting Steps
Concluding Steps
Answer Drafting: Learning by Example
Preparatory Steps
Drafting Steps
Concluding Steps
Answer Drafting: Learning by Doing
Exercise
Practice Pointers
Introduction to the Discovery Workshops
Discovery Reform and Mandatory Disclosure
Local Variations
Discovery--Seeing the Big Picture
Role of the Paralegal
Document Discovery
Introduction: The Objectives of Document Discovery
Document Discovery Strategy and Goals
The Document Discovery Process in a Nutshell
The Tools of Document Discovery
Document Requests: Step-by-Step Instructions
Preparatory Steps
Drafting Steps: Requests for Production
Drafting Steps: Subpoenas
Concluding Steps
Document Requests: Learning by Example
Preparatory Steps
Drafting Steps: Requests for Production
Drafting Steps: Subpoenas
Concluding Steps
Document Requests: Learning by Doing
Exercises
Practice Pointers
Written Discovery
Introduction: Interrogatories and Requests for Admissions
Uses of Interrogatories and Requests for Admissions
Procedure for Interrogatories and Requests for Admissions
Drafting Interrogatories: Step-by-Step Instructions
Preparatory Steps
Drafting Steps
Concluding Steps
Drafting Interrogatories: Learning by Example
Preparatory Steps
Drafting Steps
Concluding Steps
Drafting Interrogatories: Learning by Doing
Exercises
Practice Pointers
Responding to Discovery Requests
Introduction: Purpose of Preparing Discovery Response
Procedure for Responding to Discovery Requests
Answering Interrogatories: Step-by-Step Instructions
Preparatory Steps
Drafting Steps
Concluding Steps
Answering Interrogatories: Learning by Example
Preparatory Steps
Drafting Steps
Concluding Steps
Answering Interrogatories: Learning by Doing
Exercises
Practice Pointers
Disclosure Rules and Limitations on Discovery
Introduction: Reengineering the Discovery Process
Mandatory Disclosure
Other Discovery Reform
Disclosure Statements: Step-by-Step Instructions
Preparatory Steps
Drafting Steps
Concluding Steps
Disclosure Statements: Learning by Example
Preparatory Steps
Drafting Steps
Concluding Steps
Disclosure Statements: Learning by Doing
Exercises
Practice Pointers
Depositions and Working with Witnesses
Introduction: Finding Out What Witnesses Will Say and How They Will Say It
Advantages of Depositions over Written Discovery
Procedural Goals
Depositions: Step-by-Step Instructions
Preparatory Steps
Clerical Steps
Planning and Taking the Testimony
Concluding Steps
Depositions: Learning by Example
Preparatory Steps
Clerical Steps
Planning and Taking the Testimony
Concluding Step
Depositions: Learning by Doing
Exercises
Practice Pointers
Introduction to the Motion Practice Workshops
What Kinds of Motions Are There, Anyway?
How to Present a Motion
Introduction: Significance of Motion Practice
What Is a Motion Practice?
What Rules Govern Motion Writing?
The Details Are in the Local Rules
Writing a Motion: Step-by-Step Instructions
Drafting Steps
Concluding Steps
Writing a Motion: Learning by Example
Drafting Steps
Concluding Steps
Writing a Motion: Learning by Doing
Exercises
Practice Pointers
Discovery Motions
Introduction: How Discovery Can Become Abusive
The Adversarial Side of Discovery
Motions to Compel: Step-by-Step Instructions
Preparatory Steps
Drafting Steps
Concluding Steps
Motions to Compel: Learning by Example
Preparatory Steps
Drafting Steps
Motions to Compel: Learning by Doing
Exercises
Practice Pointers
Motions for Summary Judgment and Other Tactical Motions
Introduction: What Motions can Achieve
The Decision to File a Motion
Checklist of Early-Stage Tactical Motions
Motions for Summary Judgment by Defendant: Step-by-Step Instructions
Motions for Summary Judgment by Defendant: Learning by Example
Motions for Summary Judgment by Defendant: Learning by Doing
Exercises
Practice Pointers
How to Prepare for Trial
Introduction: The Ordeal of Trial
How to Obtain a Trial Setting
Trial Preparation Tasks
Trial Preparation: A Task-Oriented Checklist
Trial Preparation: Learning by Example
Trial Preparation: Learning by Doing
Exercises
Practice Pointers
How to Obtain a Judgment
Introduction: What Is a Judgment and Why Do We Need One?
Procedure for Obtaining a Judgment
Judgment after Adjudication
Obtaining a Default Judgment: Step-by-Step Instructions
Obtaining a Default Judgment: Learning by Example
Obtaining a Default Judgment: Learning by Doing
Exercises
Practice Pointers
Ethics in Litigation
Introduction: Importance of Ethics
What Is Ethics and How Does it Connect to Litigation?
Where do Ethical Standards Come From?
Consequences of Breaking the Rules
Ethical Rules for Litigators and Litigation Paralegals
Ethical Limits on Litigation Tactics
Ethics in Litigation: Topics for Discussion
Practice Pointers
Answers to Practice Exams and Litigation Lingo and Litigation Logistics Features
Federal Rules of Procedure for the United States District Courts
Glossary
Index

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