The litigation paralegal : a systems approach / James W. H. McCord.
Language: eng Publication details: Minneapolis/St. Paul : West Pub., 1997.Description: xvi, 492, 41, 5, 10 pages : illustrations, forms ; 27 cmISBN:- 9780314202529
- 0314202528
- 347.73/5
- KF 8841 M478l 1997
Item type | Current library | Home library | Collection | Shelving location | Call number | Copy number | Status | Date due | Barcode |
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Biblioteca Juan Bosch | Biblioteca Juan Bosch | Ciencias Sociales | Ciencias Sociales (3er. Piso) | KF 8841 M478l 1997 (Browse shelf(Opens below)) | 1 | Available | 00000164960 |
Chapter 1: Welcome to the law office
Introduction : case I-V
Office manual
The paralegal handbook: office orientation : structure and personnel ; important law office procedures ; techniques for thriving in the law office ; the training procedure ; ethical and other professional responsibilities ; your professional development
The court systems : introduction ; basic components of a court system ; Jurisdiction ; Federal courts and their jurisdiction ; State courts and their jurisdiction ; venue ; choosing a court : the relationship between jurisdiction and venue, and other considerations ; transfer of cases
A case roadmap
Concluding comments
Chapter 2: The initial interview
Introduction
Interview plan : interview plan checklist ; the interview plan in detail
The interview : the introduction ; questions on circumstances of the accident ; the issue of comparative or contributory negligence ; The extent of injury and sensitive inquiry ; dealing with difficult clients ; concluding the interview ; confirming the statute of limitations
Summarizing the interview
Keeping the client informed
Chapter 3: Evidence and investigation
Introduction
The relationship of evidence law to investigation : introduction ; evidence in general ; admissible evidence ; inadmissibility of some types of relevant evidence ; privileges ; evidence admissible from a party ; rules regarding the testimony of a witness ; rules regarding physical evidence and authentication ; other evidentiary concepts ; sources for evidentiary research
Planning the investigation : introduction ; review the file and other available information ; identify the essential elements of proof ; identify what facts will be needed ; determine what sources, including witnesses, may provide facts ; Methods for gathering information or evidence ; record the investigation plan ; consult with the supervising attorney
Ethical and related considerations : ethics ; attorney's work product : trial preparation materials ; revealing information to a witness
Gathering evidence : introduction ; gathering reports, records, and other documents ; investigating the scene of the accident ; acquiring the statements of witnesses
Preserving evidence : identification ; physical evidence ; control and retrieval ; storage ; testing and examination ; surveillance and activity checks ; demonstrative evidence ; preserving recorded statements
Reviewing the informal investigation
Summary
Chapter 4: Drafting the complaint
Introduction : the task: draft a complaint ; definition and purpose ; an example
The complaint in detail : caption ; the body of the complaint ; remedies and the prayer for relief : demand for judgment ; a brief guide to causes of action and remedies ; separate counts ; demand for jury trial ; subscription ; verification
Exhibits and appendixes
System checklist for drafting a complaint : preparation ; drafting ; sample complaints ; injunctions ; summary
Chapter 5: Filing the lawsuit, service of process, and obtaining a default judgment
Introduction : the tasks: filing the lawsuit, serving the summons, obtaining a default judgment ; purpose of the tasks
Preparing documents for filing an action and for service of process : determine what documents are needed ; gather and prepare the documents necessary for filing and service ; obtain the check for the filing fees
Filing the lawsuit
Service of process
Reference guide and checklist for methods of service : service on indiciduals in a State or in a judicial district of the United States ; service on individuals in a foreign country ; service on corporations and associations ; service on the United States ; service on a foreign, State, or local government ; service outside the geographical boundaries of the State or Federal district court/long-arm statutes ; service in In Rem and Quasi In Rem cases ; Immunity from service of process ; locating "invisible" defendants ; other service of process ; filing and service of pleadings and papers subsequent to the complaint ; keep good records of service
Obtaining a default judgment : introduction ; the procedure and necessary forms ; default and multiple defendants ; Checklist for default judgment ; setting aside a default judgment
Summary
Chapter 6: Defending and testing the lawsuit: motions, answers, and other responsive pleadings
Introduction
Motions in general : introduction ; purpose ; requirements and components of the motion ; procedure: filing, service, and time limits
Motion to dismiss : task ; purpose ; determining what to attack ; drafting the documents ; other motions to dismiss ; other motions attacking the complaint ; ethics reminder ; response to motions
Removal of State action to Federal court : task ; purpose ; cases that may be removed; procedure
Computation of time
Drafting the answer, counterclaim, and cross-claim : task ; general requirements ; structure of the answer ; sample answer, counterclaim, and cross-claim
Third-party practice : introduction ; task ; purpose ; procedure
Amending and supplementing the pleadings : purpose ; procedure
Motions for judgment on the pleadings : task ; purpose
Motion for summary judgment : task ; purpose ; procedure
Keeping a pleading record
Pleadings, motions, and time limits
Summary
Chapter 7: Discovery: overview and interrogatories
Overview of discovery : introduction ; purpose of discovery ; mandatory disclosure ; scope of discovery ; parties' planning meeting ; supplementing disclosure and discovery ; ethical considerations for discovery and disclosure
Interrogatories : task ; purpose of interrogatories ; procedure ; planning interrogatories ; drafting interrogatories ; drafting techniques ; concluding material, final preparation, and service of interrogatories
Answering interrogatories : note deadline, review case file ; review possible objections ; review questions ; gather and record information ; review techniques for answering interrogatories ; draft answers and have them reviewed, signed, and served ; update answers
Analyzing the answer and compelling a response
Summary Chapter 8: Discovery: depositions
Depositions : introduction ; scope and limits of the deposition ; types of depositions ; procedure ; preliminary tasks ; coordinate the deposition ; prepare for deposition ; attend and review the deposition
Digesting depositions and other documents : introduction and definition ; purposes for digesting depositions ; techniques for digesting depositions ; types of deposition digests and indexes ; digest aids for complex cases ; automated deposition summaries
Summary
Chapter 9: Discovery: document production and control, medical exams, admissions, and compelling discovery
Introduction
Production of documents and things and entry upon land for inspection and other purposes : introduction ; scope ; procedure ; reviewing for production and inspection ; drafting the request for production and inspection ; service of the request for production
Preparing for production of documents and things : introduction ; procedure ; document production and computers
Production procedure : replying to a request for production and inspection ; assisting at the production, examination, or inspection ; analyzing documents produced by the opponent
Request for physical and mental examination : purpose and scope ; procedure ; set up the exam ; draft the documents ; inform the client ; request the report
Reviewing and interpreting medical records and other technical documents and reports : introduction ; medical record interpretation
Request for admission : rule 36 : purpose and scope ; procedure ; preparing the request for admission ; responding to a request for admission ; review of and reply to response ; amending responses
Objections, compelling discovery, and sanctions : objecting to discovery: protective orders ; compelling discovery ; motion, order, and sanctions ; procedure for compelling discovery
The freedom of information act : definition and purpose ; procedure and limits ; the role of the paralegal
Organizing files : introduction ; small case file ; large case file
Summary
Chapter 10: Settlement and other alternative dispute resolutions
Introduciton
Settlement : introduction ; preparing for settlement ; Presenting the settlement request ; role of the defendant's or insurance company's paralegal ; preparing for the pretrial conference ; settlement conference
Settlement forms : releases and settlement agreements ; stipulation and order for dismissal ; consent decree and order ; settlement distribution statement
Other alternative dispute resolutions: arbitration, mediation, and summary trials : introduction ; arbitration ; mediation ; early case assessment ; summary jury trial ; role of the paralegal in alternative dispute resolution
Summary
Chapter 11: Trial preparation and trial
Trial preparation : introduction and trial preparation checklist ; preliminary trial preparation tasks ; subpoena witnesses ; jury investigation ; preparing demonstrative evidence ; trial notebook ; preparing the client and witness for testifying at trial ; additional preparation
Assistance at trial : introduction ; jury selection shadow jury ; witness control ; documents and exhibits ; exhibit and witness logs ; trial notes ; trial day review meetings ; when the paralegal must testify ; polling the jury ; findings of fact and conclusions of law
Summary
Chapter 12: Post-trial practice from motions to appeal
Introduction
Post-trial motions
Judgment and bill of costs
Enforcement of the judgment : introduction ; locating the assets of the judgment debtor ; obtaining the assets of the judgment debtor
Appeal : introduction ; appellate procedure ; assisting in the appeal
Summary
Takes a task-oriented (competency-based) approach throughout, walking students through each state of pre-trial preparation and trial. Students draft documents based on hypothetical law suit and can build an optional detailed systems manual containing forms, documents, and checklists. Thoroughly updated throughout to reflect the most recent changes in Federal Rules of Civil Procedure on Service of Process and Discovery. Also includes updated information on technology to include the most recent applications, software, and Internet resources. The text emphasizes the student's state practice in addition to federal practice. In the Third Edition, these pedagogical features are found at the end of the chapters for ease of use:
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