...1. Explain what you think the role of a paralegal is in the litigation process. Reflect on your own personal skills and if you like litigation practice. The role of a paralegal in the litigation process is to provide a win-win solution to the cost of legal services as most people cannot afford the services of a lawyer. Paralegals engage in substantive legal work, the kind of work that lawyers do with certain limitations and prohibitions. Based on my own personal skills such as filing of small claims, paralegals are engaged in real legal work, provided as paralegals are appropriately supervised, the lawyers for whom paralegals work are able to engage in other legal work. I like litigation practice because paralegals are of service to the clients. Clients will receive a smaller bill when legal assistants are used effectively because the work of legal assistants is billed at a lesser rate than that of lawyers. The use of paralegals allows more members of society to be able to afford legal services, while at the same time allows employing lawyers at private law firms to increase their earnings. Paralegal is a highly demand profession which makes me reflect that litigation practice is a rewarding career. 2. As a paralegal what documents should you attempt to obtain before a lawsuit is filed during the informal fact-gathering stage? What sources are available to you to locate these documents? The attorney’s work product, now called “trial preparation materials.”...
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...Texas State Supplement to Accompany Civil Litigation 7E Peggy N. Kerley Joanne Banker Hames, J.D. Paul A. Sukys, J.D., Ph.D. Prepared by Peggy N. Kerley Updated in 2013 by Jennifer Carpenter Australia • Brazil • Mexico • Singapore • United Kingdom • United States i © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ii PART I Introduction to Civil Litigation Contents Introduction ............................................................................................................................................iv PART I INTRODUCTION TO CIVIL LITIGATION CHAPTER 1 CHAPTER 2 Litigation and the Paralegal..................................................................................................................1 The Courts and Jurisdiction .................................................................................................................2 PART II INITIATING LITIGATION CHAPTER 3 CHAPTER 4 CHAPTER 5 CHAPTER 6 CHAPTER 7 Preliminary Considerations and Procedures.......................................................................................9 Investigation and Evidence .................................................................................................................10 The Complaint...............................................................................................................................
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...Civil Litigation Process Litigation is the process of bringing, maintaining and defending a lawsuit. This process is very difficult, time-consuming, and costly. In addition, the entire process must comply with complex rules and regulations. The pretrial litigation process is divided into a pretrial and trial process. The pretrial litigation process can also be divided into several major steps. These steps include: pleadings, discovery, dismissals and pretrial judgments, and settlement conference. The entire process begins when a party brings a dispute against another party to a court system. The party bringing the dispute or compliant is the plaintiff. The party on the receiving end of the complaint or lawsuit is referred to as the defendant. The paperwork filed with the court to initiate and respond to a lawsuit is called the pleadings. Major parts of the pleadings include the complaint, the answer, the cross-complaint, and the reply. For the plaintiff to initiate a lawsuit, a complaint must be filed with the proper court system. The complaint is a document served to the defendant to initiate the lawsuit. This document must name the parties to the lawsuit, allege the ultimate facts and law violated, and contain a “prayer for relief” for a remedy to be awarded by the court. The length of the complaint will usually depend on the complexity of the case being heard. Once the process of filing a complaint is finished the court will issue a summons, a court order...
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...his or her truck, or drive around the state. The federal government has not anticipated the need to standardize the truck hitches used on state traveled highways and therefore no action has been taken. Tanya Trucker, who is the owner of a trucking business in the state of Denial, is unhappy about the supplementary expense this statute imposes on her business. Tanya plans to file suit against Confusion to upend the law. Jurisdiction, determining if the Confusion statute is constitutional, provisions of the U.S. Constitution applied to determine validity, the outcome, and the stages of the civil suit are considered in this case. Court Jurisdiction and Confusion Statute * The first order of operations is to determine what court will have jurisdiction over Tanya’s suit and why. Jurisdiction refers to which state or court system has the power to oversee litigations with regard to a court case (Butera, 2012). When determining jurisdiction the court must consider three main components (Criminal Law Lawyer Source, 2012). The components are the people involved, the subject matter and in personam, and the type of decision the court can administer, such as innocence, or guilt. Subject matter conveys to a court’s authority to choose a specific class of case. Personal jurisdiction relates to the power of a court to see...
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...you. Arbitration as a process is very different from the process of litigation (trying cases in court), for business disputes. Here is a listing of the differences Public/Private, Formality The arbitration process is private, between the two parties and informal, while litigation is a formal process conducted in a public courtroon. Speed of Process The arbitration process is fairly quick. Once an arbitrator is selected, the case can be heard immediately. In a civil litigation, on the other hand, a case must wait until the court has time to hear it; this can mean many months, even years, before the case is heard. Cost of the Process The costs for the arbitration process are limited to the fee of the arbitrator(depending on the size of the claim, expertise of the arbitrator, and expenses), and attorney fees. Costs for litigation include attorney fees and court costs, which can be very high. Selection of Arbitrator/Judge The parties in the arbitration process decide jointly on the arbitrator; in a litigation, the judge is appointed and the parties have little or no say in the selection. The parties may have some say in whether a case is heard by a judge or a jury. Use of Attorneys Attorneys may represent the parties in an arbitration, but their role is limited; in civil litigation, attorneys spend much time gathering evidence, making motions, and presenting their cases; attorney costs in a litigation can be very high. Evidence Allowed The arbitration process has a limited...
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...of people as they act in society and it deals with the legal relationship between people. Substantive law is an independent set of laws that decide the fate of the case and cannot be applicable in non-legal contexts. So substantive law underlines the essential substance of a trial. Procedural law provides the machinery to enforce the substantive laws on the government bodies. It comprises the rules by which a court hears and determines what happens in civil or criminal proceedings. It deals with the method by which substantive law is made and administered. Procedural law has no independence and can be applicable in non-legal contexts. It only tells how the legal process to be executed by giving a step-by-step action. Question Two: During the discovery phase, the parties resort to the use of interrogatories, depositions, admission requests and document production requests. Briefly define these different discovery tools and explain the purpose for each. Explain the purpose of discovery as you understand it. Interrogatories are a formal set of written questions directed by one litigant and required to be answered by the other party and are used for the purpose of clarifying and narrowing the issues or the facts and help to determine in advance what facts will be presented at trial in the case. Deposition is the oral testimony of a witness by the lawyers outside the court and is used for the purpose of narrowing the issues, gathering information for the trail and also shortening...
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...Running Head: GREATER FINANCIAL MEANS An Unconstitutional Way to Greater Financial Means? Chiquita M. Quintor University of Phoenix Unconstitutional Ways to Greater Financial Means? There are many states that use the statues to regulate different sectors such as parks and recreation to roadways. The state of Confusion has enacted a statue that mandates all towing vehicles to use a B-type truck hitch. Numerous truckers feel Confusion is commanding an unfair expense. Tanya Trucker, who owns a trucking business in the state of Denial is filing a suit against Confusion to overturn the statue. Court with Jurisdiction The court that will have jurisdiction over Tanya Trucker’s suit is the federal jurisdiction. The Lectric Law Library states that, “The federal courts also may decide cases for which state courts are inappropriate or might be suspected of partiality. Thus, federal courts may decide, in the language of the Constitution, controversies between two or more states and between a State and Citizen of another State (Lectric Law Library, 2010). Even though this is a state statue, the federal jurisdiction will still have the power to decide if it is valid or not. Confusion Statute Constitutional Under the meaning of Article III, Section 2 of the U.S. Constitution, the lawsuit concerns a “case of controversy.” Even though states have the power to set their own statues, some of them can cause concern and have to be reviewed by higher courts. The state of Confusion...
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...State of Confusion Paper Melissa Sledge BUS/415 May 6th, 2012 Professor Rachel DeAngelo State of Confusion Paper The State of Confusion enacted a statute requiring all trucks and towing trailers that use it highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statue is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nation’s highways. Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statue imposes on her business. She intends to file suit against Confusion to overturn the statue. In filing this suit she hopes that it will not only help her but many other trucking companies with the same problem. Jurisdictional Court The jurisdictional court that will oversee Tanya Trucker’s lawsuit will be the federal jurisdiction. The Lectric Law Library states that, “The federal courts also may decide cases for which state courts are inappropriate or might be suspected of partiality. Thus, the federal courts may decide in the language of the Constitution, controversies between two or more states and between a State and Citizen of another State, (Lectric Law Library, 2012). Even though this is concerning a state statue the federal jurisdiction will still be able to have the...
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...State of Confusion Paper Kitha Cortez Bus/415 3/3/11 R. MC Cullogh State of Confusion Paper The State of Confusion enacted a ruling requiring all trucks and towing trailers that use Confusion highways are required to use a B-type truck hitch. This hitch is manufacture by only one manufacturer in Confusion and no other states. In result the drivers have the choice to drive through Confusion, but it obligated to stop and have a new hitch mounted on for safety, or drive around Confusion. The federal government has not made any effort to regulate the truck hitches used on the nation’s highways and make it mandatory. Tanya Trucker, who owns a trucking company in the State of Denial, is extremely upset about the additional expense and costs this statute inflicts on her business. Tanya is losing money due to the new regulation. Therefore, she intends to file a suit against Confusion to overturn the act. The court that will have jurisdiction over Tanya is the federal court because the Confusion State has violated the commerce clause of the constitution. The commerce clause is an enumerated power listed in the United States Constitution. “The commerce clause gives the federal government the authority to regulate interstate commerce “(Cheeseman, 2010, p.73). The federal district court also has jurisdiction over citizenship lawsuits. According to Cheeseman, “A case may be brought in federal court if there is diversity of citizenship. Diversity of citizenship occurs...
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...highways. Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statute imposes on her business. She intends to file suit against Confusion to overturn the statute. Write a 900- to 1,400-word paper addressing the following questions: o What court will have jurisdiction over Tanya’s suit? Why? o Is the Confusion statute constitutional? Discuss your legal reasoning. o What provisions of the U.S. Constitution will be applied by a court to determine the statute’s validity? o Is Tanya likely to prevail on her suit? Explain the reasons for your answer. o Set forth in detail the stages of a civil suit. 1. Whereas the states, by virtue of the tenth Amendment to the Constitution, have exclusive powers to regulate intra-state commerce, Article 1, Section 8, Clause 3 (referred to as the Commerce clause), of the Constitution gives Congress exclusive power over trade activities among the states and with foreign countries and Indian tribes. The statute appears to be in violation of the Commerce Clause. Tanya Trucker ought to file a suit challenging the constitutionality of the statute enacted by the State of Confusion, in the Federal district court in the State of Denial, since the subject-matter jurisdiction to...
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...Sussex County Community College Business Law I Chapter 3 Litigation and Alternative Dispute Resolution We're the jury, dread our fury! William S. Gilbert I. Teacher to Student Dialogue The pictures painted of trials and courtrooms by modern television shows and movies are decidedly unrealistic. How trial attorneys would love to have a spotlight glow brighter and brighter on them as they stand giving an impassioned closing argument, while the rest of the room sits in darkness, like Paul Newman had in The Verdict. Many accept the view in the jury deliberations room in Twelve Angry Men as common, and forget that the classic Anatomy of a Murder showed how many hours attorneys spend…at research. It is against this fictional backdrop that we must try to present a more realistic picture of how our system works. Few controversies actually get to the trial stage, and even fewer of those are actually reported in the National Reporter System. In addition, there is a growing trend towards alternative dispute resolution (ADR) mechanisms. In fact, our New Jersey court system mandates court mediation be attempted before going to trial. Key identifying features of each method are described in the text. Following Chapter 3 you should be able to describe the keys steps used in a court trial and the various ADR methods available. II. Chapter Objectives · Describe the pretrial litigation process. · Describe how a case proceeds through trial. · Describe how a trial court decision is...
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...a party seeks to establish a status, a right, or a particular fact. CIVIL PROCEDURE CLASSIFICATION OF ACTIONS (A) As to nature ORDINARY ACTION Governed by rules. CIVIL ordinary SPECIAL CIVIL ACTION Also governed by ordinary rules but SUBJECT to specific rules prescribed (Rules 62 to 71). Special features not found in ordinary civil actions. RULE 1 GENERAL PROVISIONS Section 1. Title of the Rules The Rules of Court are not penal statutes. They cannot be given retroactive effect. They can, however, be made applicable to cases pending at the time of their passage and therefore are retroactive in that sense. Under the 1987 Constitution, the rule-making power of the Supreme Court has the following limitations: 1. It must provide a simplified and inexpensive procedure for the speedy disposition of cases; 2. Uniform for all courts of the same grade; and 3. Shall not diminish, increase or modify substantive rights (Art: VIII Section 5[5]). Section 2. In what courts applicable Section 3. Cases governed ACTION CLAIM An ordinary suit in a A right possessed by one court of justice. against another. One party prosecutes The moment said claim is another for the filed before a court, the enforcement or claim is converted into an protection of a right or action or suit. QuickT the prevention or redress ime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. of a wrong. APPLICABILITY: 1. Civil Action – one by which a party sues another for the enforcement or protection...
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...These Procedures take place without the participation of a judge or the court 1) Self Help a) Predates existence of the organized state b) Now greatly discouraged because police power of state more effective i) Discouraged, superseded in practice, and restricted by law now. c) Situations when available: i) Available in debtor-creditor situations where debts are voluntarily paid when they are due (most pay when get into financial position to pay) ii) When possession of goods bailed are returned to the Owner when the period of the bailment ends. iii) When debtor intentionally refuses to pay or neglects to pay creditor may resort to self-help to get paid. 1) May be independent or in conjunction with litigation. d) Usually attempt to get debtor to pay voluntarily before seeking assistance of the court. e) Repossession i) Allowed at common law where it can be accomplished without breach of peace. ii) Person disseised and dispossessed of land an reenter w/o a court order unless would involve breach of peace iii) Repossession of chattels is allowed where they have been: 1) Loaned, hired, bailed, lost and found, or stolen and wrongfully detained from the O provided it is done w/o ab reach of the peace. 2) Person may recover own chattels from land of the wrongdoer, but to do so from the land of a 3P would be trespass 3) Hunters may retrieve dogs from posted property. 4) UCC Article 9- a secured party...
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...State of Confusion BUS 415 Tanya Trucker, owner of a trucking company in the state of Denial, plans to file suit against the State of Confusion to challenge the State’s new statute requiring all trucks and towing trailers that use their highways to use a B-type truck hitch produced only in Confusion. Although Tanya’s business is located in Denial, she must use Confusion’s highways to conduct business. Tanya must incur additional business costs to comply with Confusion’s statute so her trucks can continue driving through the state. Because the federal government has not made any attempt to regulate the truck hitches used on the nation’s highways, Tanya feels that the statute is a violation of the federal commerce clause, and hopes to have the statute overturned. What Court has Jurisdiction? The specific components of a case aid in determining the jurisdiction over a suit. For Tanya Trucker’s case, she may file in either a state or federal court as they both have jurisdiction. However, it would be pointless for Tanya to file suit in the State of Confusion where the trailer hitches are produced, sold, and required for transport. This could cause court bias, as Tanya’s company is located in another state. Diversity of citizenship jurisdiction allows a state case to be brought to a federal court if the lawsuit involves citizens from different states and involves a nonfederal question. The federal court must apply the appropriate state’s law in deciding the case, and the...
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...The interesting part of the two matters I will be addressing here is that an individual almost has to know prior to a suit being filed that litigation may occur. Discussions and written matter, all correspondence, emails and documents exchanged between parties should be prepared with a thought to potential litigation. Attorney Client Privilege and the Work Product Doctrine are two separate and distinct issues and should be treated within the legal world as separate disclosures. Attorney Client Privilege, which originated in Roman and canon law, has evolved into a recognized judicial doctrine and is necessary in order to provide clients with access to effective, well informed counsel. In Upjohn Co. v US the Supreme Court the Court stated that “Its purpose is to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice.”(a) However, since the passage of the Patriot Act (b) (terrorism, September 11, 2001), and the various corporate scandals leading to the Sarbanes Oxley Act(c) and the Securities and Exchange Commission (2001 Seaboard Report) and the fall out from such companies as Enron, WorldCom the federal, state and regulatory offices of the government are attempting to pierce the Attorney Client Privilege. The government has attempted through two (2) separate practices to tear into what was once considered a “privilege” that was recognized and adhered...
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