Civil Procedure and Litigation A Practical Approach

Name: Civil Procedure and Litigation A Practical Approach
Price: 9.29 USD
Availability: InStock
ISBN: 9780314126368

ISBN-10: 0314126368

ISBN-13: 9780314126368

Edition: 2000

Authors: J Stanley Edwards, Linda L. Edwards, Jack S. Emery

List price: $171.95

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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…

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: 3.388
Language: English

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