Civil Litigation

ISBN-10: 140184829X

ISBN-13: 9781401848293

Edition: 4th 2005 (Revised)

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Description: 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.

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Book details

List price: $273.95
Edition: 4th
Copyright year: 2005
Publisher: Delmar Cengage Learning
Publication date: 7/20/2004
Binding: Hardcover
Pages: 528
Size: 8.50" wide x 9.75" long x 1.00" tall
Weight: 2.310
Language: English

Preface
Acknowledgments
About the Authors
Introduction to Civil Litigation
Litigation and the Paralegal
What Civil Litigation Is
Different Types of Civil Lawsuits
Alternatives and Limitations to Litigation
Procedural versus Substantive Law
Sources of the Law
The Role of the Litigation Paralegal
Skills Required of the Litigation Paralegal
Practical Tips for Success in the Law Firm
The Courts and Jurisdiction
The Courts and Litigation
Federal Court System
State Court Systems
Jurisdiction
Venue
Initiating Litigation
Preliminary Considerations
Determining the Existence of a Cause of Action
Time Limitations
Feasibility of the Lawsuit
Turning Down a Case
Ethical Considerations in Accepting a Case
Ethical Considerations after Accepting a Case
Investigation and Evidence
The Client Interview
Locating Fact Witnesses or Elusive Defendants
Techniques for Interviewing Fact Witnesses
Evidence
Methods for Locating and Preserving Evidence
Expert Witnesses
The Initial Pleadings
Initial Pleadings
Parties to the Lawsuit
Jurisdiction and Venue
The Claim or Cause of Action
Demand for Relief
Drafting the Complaint
Filing the Complaint
The Summons
Service of the Complaint
Amending the Complaint
Responses to the Initial Pleading
Responding to the Initial Pleading
Types of Answers
Drafting the Answer
Counterclaims, Cross-Claims, and Third-Party Complaints
Legal Challenges to the Complaint
Failure to Answer
Motion Practice
Motions Generally
Preparing, Serving, and Responding
Court Procedures Involving Motions
Specific Motions
Preliminary Injunctions and Temporary Restraining Orders
Discovery
Overview of the Discovery Process
The Nature of Discovery
The Extent of Allowable Discovery
Duty of Mutual Disclosure under Rule 26
Cooperating with Discovery
Depositions
The Deposition
The Nature of the Oral Deposition
E-Discovery and Oral Depositions
The Paralegal's Role before the Oral Deposition
The Paralegal's Role during the Oral Deposition
The Paralegal's Role after the Oral Deposition
The Deposition upon Written Questions
Interrogatories
Interrogatories
Drafting Interrogatories
Drafting Answers to Interrogatories
Physical and Mental Examinations
The Physical or Mental Examination
Filing a Motion for Compulsory Examination
Requirements for Granting the Motion for Compulsory Examination
Granting a Motion for Compulsory Examination
The Paralegal's Role in Physical and Mental Examinations
Request for Documents
The Request for Documents
E-Discovery and Document Requests
Protection of Documents
Requesting the Production of Documents
Responding to a Request for Documents
Organizing and Indexing the Documents after Production
Inspection of Property
E-Evidence and On-Site Inspections
Request for Admissions
The Request for Admissions
Drafting the Request for Admissions
Responding to the Request for Admissions
Pretrial, Trial, and Posttrial
Settlements, Dismissals, and Alternative Dispute Resolution
The Settlement
Settlement Offers
Settlement Agreements and Releases
Dismissals, Consent Decrees, and Distribution of Funds
Alternative Dispute Resolution
Trial Techniques
Preliminary Preparation for Trial
Preparation of Witnesses
Preparation of Exhibits and Briefs
Coordinating Trial Logistics
Preliminary Steps in the Trial Process
The Jury Process
The Trial
The Paralegal's Role at Trial
Posttrial Practice
Posttrial Motions
The Preliminary Steps in the Appeal
The Appellate Brief
Coordinating the Oral Argument
Final Procedures
Sample Deposition
Bennett Research File
Glossary
Index
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