Fundamentals of Litigation for Paralegals 10th Edition, pdf, ebook and download by Marlene A. Maerowitz and Thomas A. Mauet supplies thorough coverage of the whole litigation process and balanced therapy that presents the litigation course of clearly with accessible and cogent dialogue of the litigation guidelines and procedures. There’s a user-friendly organization that lends itself to a wide range of teaching approaches and objectives.
This text is a well-liked and widely-respected reference that conveys to college students a complete understanding of the litigation process, from the time the consumer walks into the workplace, via trial and put up-judgment, and including settlements and different forms of resolutions. Well-adapted to a range of teaching approaches, the book focuses on advances in technology and how it is used to assist a litigation case.
A wealthy pedagogy consists of bold-faced key terms, a glossary, numerous examples, charts, checklists, pattern documents, chapter overviews, summaries, and assessment questions. The litigation file in the appendix provides reasonable examples of motions, pleadings, and discovery requests. This book reinforces the concepts realized in the book with evaluation questions, case situations, and practice types–the case situations assist course assignments or may be used by the teacher as case studies in class.
Read: Fundamentals of Pretrial Litigation 10th Edition
Completely up to date throughout, this book supplies fresh deal with recent the technological advances used in preparing litigation cases with up to date internet sites that provide litigation support and recent Supreme Court instances and developments within the procedural rules. Teacher’s Manual provides answers to the questions posed in the workbook and text, as well as take a look at questions for every chapter with answers and explanations.
Table of Contents
Cover Page
Front Matter
Title Page
Copyright Page
About Wolters Kluwer Legal & Regulatory U.S.
Dedication
About the Authors
Summary of Contents
Contents
Preface
Part I. Investigating and Planning the Litigation
Chapter 1. Introduction to Litigation
Chapter Objectives
A. Introduction
B. The Litigation Process
1. Sources of law
a. Statutes
b. Court cases
c. Constitutions
2. The court system
3. Overview for litigation cases
4. Remedies
C. The Paralegal’s Role
D. Use of Computers in Litigation
E. Ethical Considerations
Chapter Summary
Chapter Checklist
Review Questions
Case for Discussion: Hodge v. UFRA-Sexton, LP
Research Questions
Additional Resources
Chapter 2. Informal Fact Gathering and Investigation
Chapter Objectives
A. Introduction
B. Structuring Fact Investigations
1. What facts do I need to get?
2. How do I structure my fact investigation?
a. Use of a litigation chart
b. How to structure a litigation chart
3. What are the likely sources of proof?
4. How much time should I spend?
5. What sources should I investigate?
C. Client Interviews
1. Client attitudes and disclosure
2. Interview preparation
3. Initial client interview
a. Liability
b. Damages
c. Client background
d. Parties
e. Defenses and counterclaims
f. Statutes of limitation
g. Witnesses
h. Records
i. Physical evidence
j. Other law firms
k. Client goals
l. Next steps
4. Sample interview checklist
5. Follow-up client interviews
D. Exhibits Acquisition
1. Scene
2. Physical evidence
3. Records
E. Witness Interviews
1. Whom and when to interview
2. Locating witnesses
3. Purposes of the interview
4. Arranging the interview
5. Structuring the interview
6. Recording the interview
7. Interviewing techniques
8. Evaluating witnesses
F. Expert Reviews
G. Computerized Fact Gathering
Chapter Summary
Chapter Checklist
Review Questions
Case for Discussion: Poitra v. Sch. Dist. No. 1 in Cnty. of Denver & Colo.
Research Questions
Additional Resources
Chapter 3. Case Evaluation and Strategy
Chapter Objectives
A. Introduction
B. Establishing the Terms of the Attorney-Client Agreement
1. Work covered
2. Lawyer’s fee
3. Retainers
4. Costs
5. Billings
6. Authorization to file suit
7. Conflicts of interest
8. Next steps
C. Declining Representation
D. Planning the Litigation
1. Reevaluate the client’s objectives, priorities, and cost constraints
2. Define the client’s litigation objectives
3. Develop a “theory of the case”
4. Plan the pleadings
5. Plan the discovery
6. Plan the dispositive motions
7. Plan the settlement approach
8. Develop a litigation timetable
E. Example of Litigation Planning: Novelty Products, Inc. v. Gift Ideas, Inc.
1. Reevaluate the client’s objectives, priorities, and cost constraints
2. Define the client’s litigation objectives
3. Develop a “theory of the case”
4. Plan the pleadings
5. Plan the discovery
6. Plan the dispositive motions
7. Plan the settlement approach
8. Develop a litigation timetable
F. Prefiling Requirements
1. Statutory notice requirements
2. Contract requirements
3. Mediation, arbitration, and review requirements
4. Administrative procedure requirements
5. Appointment of legal guardian
6. Discovery before suit
7. Demand letters
Chapter Summary
Chapter Checklist
Review Questions
Case for Discussion: In re Petition for Distribution of Attorney’s Fees
Research Questions
Additional Resources
Chapter 4. Parties and Jurisdiction
Chapter Objectives
A. Introduction
B. Parties to the Action
C. Joinder of Parties and Claims
1. Real party in interest
2. Capacity to sue
3. Required joinder of parties
4. Permissive joinder of parties
5. Special pleading rules
6. Joinder of claims
D. Subject Matter Jurisdiction
1. Case or controversy
2. Federal question jurisdiction
a. “Arising under”
b. Specific grants of jurisdiction
c. Pendent jurisdiction
d. The United States as a party
3. Diversity jurisdiction
a. “Citizenship” requirement
b. Complete diversity requirement
c. Jurisdictional amount requirement
4. Ancillary jurisdiction
5. Removal jurisdiction
E. Personal jurisdiction
1. Due process requirements
2. Service-of-process requirements
F. Federal Versus State Court
G. Venue
1. Determining venue
2. Change of venue
H. Choice of Court Based on Choice of Law
Chapter Summary
Chapter Checklist
Review Questions
Case for Discussion: International Shoe v. Washington
Research Questions
Additional Resources
Part II. Pretrial Litigation
Chapter 5. Pleadings
Chapter Objectives
A. Introduction
B. General Pleading Requirements
1. General “notice” requirements for claims
2. Alternative and inconsistent pleadings
3. Format requirements
a. Caption
i. File number
ii. Parties to the action
b. Designation
c. Signing pleadings
4. Rule 11
5. Service and filing
C. Complaints
1. Subject matter jurisdiction
a. Federal question jurisdiction
b. Diversity jurisdiction
2. Statement of claims
a. Use plain English
b. Keep it simple
c. Plead “special matters” with particularity
d. Use separate paragraphs
e. Use separate counts
f. Use exhibits
3. Prayer for relief
4. Jury demand
5. Filing and service of summons
a. Issuing the summons
b. Summons content
c. Persons who may serve the summons
d. Methods of service
i. Individuals
ii. Infants and incompetents
iii. Corporations, partnerships, and associations
iv. Officers and agencies of the United States, and state and municipal government organizations
e. Waiver of service
f. Territorial limits of service
i. The 100-mile “bulge” rule
ii. State long-arm statutes
iii. Federal statute or court order
iv. The Hague Convention
g. Timeliness of service
h. Proof of service
i. Informal service
D. Rule 12 Responses
1. Motion to strike
2. Motion for a more definite statement
3. Motion to dismiss under Rule 12(b)
a. The one motion requirement
b. Rule 12(b) defenses
c. Waiver
d. Practice approach
E. Answers
1. Timing
2. General requirements
3. Responses
4. Rule 12(b) defenses
5. Affirmative defenses
6. Practice approach
F. Counterclaims
1. Compulsory counterclaims
2. Permissive counterclaims
3. The United States as plaintiff
4. Statutes of limitation
5. Waiver and amended pleadings
6. Practice approach
G. Replies
H. Cross-Claims
1. Discretionary pleading
2. Subject matter
3. Timing
4. Jurisdiction, venue, and joinder
5. Cross-claims against the United States
6. Practice approach
7. Responses to cross-claims
I. Third-Party Practice (Impleader)
1. Discretionary pleading
2. Subject matter
3. Jurisdiction and venue
4. Statutes of limitation
5. Practice approach
6. Third-party defendant responses
7. Original plaintiff responses
J. Interpleader
1. Rule 22 interpleader
2. 28 U.S.C. §1335 interpleader
3. Practice approach
K. Intervention
1. Intervention of right
2. Permissive intervention
3. Timing
4. Jurisdiction
5. Practice approach
L. Class Actions
1. General class requirements
2. General facts requirements
3. Jurisdiction
4. Procedure
M. Amendments of Pleadings and Supplemental Pleadings
1. Amendments by right
2. Amendments by leave of court
3. Statutes of limitation and “relation back”
a. Changing facts and theories
b. Changing parties
4. Supplemental pleadings
5. Practice approach
Chapter Summary
Chapter Checklist
Review Questions
Case for Discussion: Pace v. Timmermann’s Ranch and
Research Questions
Additional Resources
Chapter 6. Law and Motions
Chapter Objectives
A. Introduction
B. General Requirements for Motions
1. Form
2. Notice, service, and filing
3. Content of the motion
4. Responses to motions
5. Hearing and argument
6. Order
C. Extensions of Time and Continuances
D. Substitution of Parties
E. Removal
1. Should you remove?
2. What are the procedural requirements for removal?
a. Timing
b. Notice of removal
c. Filing a notice in state court
d. Further proceedings
Chapter Summary
Chapter Checklist
Review Questions
Case for Discussion: Energy Management Services, LLC. v. City of
Research Questions
Additional Resources
Chapter 7. Motion Practice
Chapter Objectives
A. Introduction
B. Judgment on the Pleadings
C. Summary Judgment
1. When made
2. Standards and matters considered
3. Hearing, order, and appealability
4. Practice approach
5. Opponent’s responses
D. Dismissals and Defaults
1. Voluntary dismissals
2. Involuntary dismissals
3. Defaults
E. Consolidation and Separate Trials
1. Consolidations
2. Separate trials
Chapter Summary
Chapter Checklist
Review Questions
Case for Discussion: Celotex v. Corp. v. Catrett
Research Questions
Additional Resources
Chapter 8. Provisional Remedies
Chapter Objectives
A. Introduction
B. Temporary Restraining Orders and Preliminary Injunctions
1. Temporary restraining orders
a. Law
b. Practice approach
i. Complaint and summons
ii. Application for TRO and preliminary injunction
iii. Attorney’s certificate regarding notice
iv. Witness affidavits
v. Security for costs
vi. Order and service
2. Preliminary injunctions
a. Law
b. Practice approach
C. Writs of Attachment
1. The law
2. Practice approach
D. Writs of Possession
1. The law
2. Practice approach
E. Lis Pendens
Chapter Summary
Chapter Checklist
Review Questions
Case for Discussion: Amacker v. Amacker
Research Questions
Additional Resources
Chapter 9. Evidence
Chapter Objectives
A. Introduction
B. The Paralegal’s Role
C. Relevance
1. Character traits
2. Habit evidence
3. Policy exclusions
D. Hearsay
1. Is it a “statement”?
2. Was the statement made “out of court”?
E. Hearsay Exceptions
1. Admission of a party opponent
2. Prior statements by witnesses
3. Statements against interest
4. Former testimony
5. Present sense impressions
6. Excited utterances
7. Statement of present or past conditions for medical diagnosis
8. Statement of present state of mind
9. Dying declarations
10. Records exceptions
11. Other exceptions
F. Witnesses, Exhibits, Judicial Notice, and Objections
1. Witnesses
a. Competency
b. Impeachment
2. Expert witnesses
3. Exhibits
a. Real evidence
b. Demonstrative evidence
c. Writings
d. Business records
e. Public records
4. Best evidence rule
5. Judicial notice
G. Privileges
1. Attorney-client privilege
2. Work product privilege
3. Physician-patient privilege
4. Marital privileges
Chapter Summary
Chapter Checklist
Review Questions
Case for Discussion: Schering v. Pfizer, Inc.
Research Questions
Additional Resources
Chapter 10. Discovery
Chapter Objectives
A. Introduction
B. Discovery Overview
1. Types of discovery
2. The paralegal’s role
3. Computerized litigation support
a. Conducting research
b. Locating information about parties and witnesses
c. Organizing discovery
C. Scope of Discovery
1. Relevance
2. Insurance agreements
3. Statements
4. Experts
5. Privileges
a. What privilege law applies?
b. What is the applicable federal or state privilege law?
6. Trial preparation materials
D. Discovery Strategy: A Seven-Step Process
1. What facts are needed in order to establish a winning case on the client’s claims (or to defeat the opponent’s claims)?
2. What facts already have been obtained through informal fact investigation?
3. What “missing” facts must still be obtained through formal discovery?
4. What discovery methods are most effective for obtaining the missing facts?
5. What facts and witnesses, already identified through informal investigation, must be pinned down by formal discovery?
6. What restrictions does the client’s litigation budget place on the discovery plan?
7. In what order should the discovery proceed?a. When should discovery start?
b. In what order should discovery be carried out?
E. Interrogatories
1. Law
2. Practice approach
a. Topics: What information should I seek?
b. Drafting the interrogatories
i. Headings
ii. Definitions and instructions
iii. Interrogatory style
iv. Signing, serving, and filing
c. Responses to interrogatories
i. Researching and preparing answers
ii. Objections
iii. Answers
iv. Signing, serving, and filing
F. Requests to Produce Documents and Subpoenas1. Law
2. Practice approach
a. Timing
b. Organization
c. Drafting requests to produce
i. Heading
ii. Definitions
iii. Requests format
iv. Signing, serving, and filing
d. Responses to requests to produce
i. Researching and preparing responses
ii. Objections
iii. Answers
iv. Signing, serving, and filing
3. Document requests and subpoenas to nonparties
4. Document productions
G. Depositions
1. Law
a. Timing
b. Notice
c. Location
d. Persons present
e. Recording
f. Signing, correcting, and filing
g. Objections
2. Practice approach
a. Scheduling the deposition
b. Preparing for the deposition
c. Preparing the client for deposition
d. Taking notes at the deposition
e. Summarizing the deposition
i. Chronological summary
ii. Subject matter summary
iii. Topic index
iv. Narrative summary
H. Physical and Mental Examinations
1. Law
2. Practice approach
I. Requests for Admission
1. Law
2. Practice approach
a. Timing
b. What to request
c. Drafting the requests
d. Choosing a response
e. Requesting a party’s responses
J. Discovery Motions
1. Protective orders
2. Orders compelling discovery
3. Sanctions for abuse
K. Electronically Stored Information
1. Types of electronically stored information
2. Location of electronically stored information
3. Sanctions for abuse
4. Practice pointers
Chapter Summary
Chapter Checklist
Review Questions
Case for Discussion: Gunn v. Gunn
Research Questions
Additional Resources
Part III. Settlement, Trial, and Post-Trial
Chapter 11. Settlements
Chapter Objectives
A. Introduction
B. Preparing a Settlement Brochure
C. Settlement Contracts
1. Releases, covenants not to sue, and loan receipts
2. Drafting the agreement
3. Structured and installment settlements
4. Terminating the suit
5. Offers of judgment
6. Evidence rules
7. Insurer good faith requirements
Chapter Summary
Chapter Checklist
Review Questions
Case for Discussion: McGinnis v. Cox
Research Questions
Additional Resources
Chapter 12. Trial Preparation, Trial, and Appeal
Chapter Objectives
A. Introduction
B. The Paralegal’s Role
C. Pretrial Conferences
D. Organization of Files
E. Trial Materials
1. Divider method
2. Trial notebook method
a. Facts
b. Pleadings
c. Discovery
d. Motions
e. Jury selection
f. Charts
g. Direct examinations (your case-in-chief)
h. Cross-examinations (opponent’s case)
i. Closing arguments
j. Jury instructions
k. Research
F. Theory of the Case
G. Preparation of Witnesses
H. Preparation of Exhibits
I. Order of Trial
J. Assistance During Trial
1. Planning for the courtroom
2. Voir dire
3. The trial
K. The Paralegal’s Conduct During Trial
L. Appeal
1. The appellate process
2. The record on appeal
3. Written briefs
4. The paralegal’s role
Chapter Summary
Chapter Checklist
Review Questions
Case for Discussion: Skilling v. United States
Research Questions
Additional Resources
Chapter 13. Enforcement of Judgments
Chapter Objectives
A. Introduction
B. Demand Letter
C. Abstracts of Judgment
D. Writs of Execution
1. The till tap
2. The keeper
3. The bank levy
E. Wage Garnishments
F. Locating Assets
Chapter Summary
Chapter Checklist
Review Questions
Case for Discussion: Big M, Inc. v. Texas Roadhouse Holding, LLC
Research Questions
Additional Resources
Chapter 14. Alternative Dispute Resolution
Chapter Objectives
A. Introduction
B. Mediation
C. The Arbitration Process
D. Preparing for Arbitration
E. The Arbitration Hearing
Chapter Summary
Chapter Checklist
Review Questions
Case for Discussion: Hercules & Co. v. Shama Restaurant
Research Questions
Additional Resources
Chapter 15. Social Media in Litigation
Chapter Objectives
A. Introduction
B. Use of Social Media in Discovery
C. Use of Social Media Sites as Evidence in Court
D. Social Media Sites and Courts
E. Ethical Considerations
Chapter Summary
Chapter Checklist
Review Questions
Case for Discussion: Forman v. Henkin
Research Questions
Additional Resources
Litigation File: Jones v. Smith
Glossary
Index
Product Details
Full Title: Fundamentals of Litigation for Paralegals
Edition: 10th edition
ISBN-13: 978-1543801675
Format: Hardback
Publisher: Aspen Publishers (9/12/2019)
Copyright: 2019
Dimensions: 0 x 0 x 0 inches
Weight: < 1 lb
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