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.” Trial preparation materials include any “documents and tangible things” that were “prepared in anticipation of litigation” by another party or that party’s “representative.” It is only a “qualified privilege” and based upon a showing of “substantial need.”
Discovery should be carried out in the following order:
1. Interrogatories 2. Requests to produce and subpoenas 3. Depositions of parties, witnesses, and experts 4. Physical and mental examinations 5. Requests to admit

After answers to interrogatories have been received, you will usually have enough detailed information to ask for copies of identified documents through a request to produce. Hence, requests to produce are usually the second step in the discovery, process, although simple requests to produce documents are also frequently served with interrogatories and ask for, the production of all documents identified in the interrogatory answers. In federal court you will already have obtained documents as part of the Rule 26(a)(1) disclosures.
Have the ability to obtain public records from government entities. If a government entity is involved in the litigation, you may be able to obtain any records kept by the entity by simply making a public records request.

Requests to produce documents and other physical or tangible evidence and for entry upon land to inspect are governed by Rule 34 of the Federal Rules of Civil Procedure. A request to produce can be served upon another party and also nonparties under Rule 34(c). The scope of the request, like other discovery, is controlled by Rule 26(b), which permits discovery of any relevant matter that is not privileged.

Rule 34 permits requests to produce for three things:

1. Documents for inspection and copies
2. Tangible things for inspection, copying, and testing
3. Entry on land or property for inspection and testing

Of these, production of documents is the principal use of Rule 34 requests. Documents include all "Writings, drawings, graphs, charts, photographs, phone records, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form."

The Rule also requires a party to produce all documents that are in that party's "possession, custody or control." This obligates a party to produce all relevant documents, even those not in the party's actual possession, if the party has a lawful right to get them from another" person or entity. In short, a party cannot avoid production through the simple device of transferring the documents to another person or entity such as the party's lawyer, accountant, insurer, or corporate subsidiary. When this avoidance device is used, the party is deemed to have retained "control" of the documents and is required to get them returned in order to comply with the production request.

A request to produce must describe each. item or category to be produced with reasonable particularity. This is usually read to require that, in the context of the case and the overall nature of the documents involved, a responding party must reasonably be able to determine what particular documents are called for. (Sample requests with particularity are shown later in this chapter at pages 311314.) This is obviously a flexible standard that varies from case to case.

Rule 34 requires that the documents produced for inspection must be produced in either the same order as they are normally kept or in the order, with labels, that corresponds to the categories of the request. The producing party cannot purposefully disorganize documents and records to make them more difficult to comprehend. Furthermore, the request to produce must specify a “reasonable time, place, and manner” for the inspection. The responding party must serve a written response for each category requested, usually within 30 days of service of the request, stating whether he objects with reasons for the objection, or will comply.

3. What is meant by the concept “litigation plan”? What would be included in such a plan? Why is the plan important to the process? What role would a paralegal play in creating a plan? 4. Federal pleadings rules are principally contained in the Federal Rules of Civil procedure. Under Rule 83 district courts can create local rules; most have done so. These usually control paper, format, and binding. Bankruptcy and copyright courts may have special procedures. Good pleading practice is a combination of two things: a solid litigation plan and technically precise drafting. Pleadings that are technically precise will avoid attacks by motions and eliminate the need to file amended pleadings to cure defects.

General Pleading Requirements. The Federal Rules of Civil Procedure had made simplicity and limited purpose the touchstones of the pleadings stage of the litigation process. Under Rule 7(a) the only basic pleadings allowed in civil actions are: complaints, answers, and replies. 1. General “notice” requirements for claims Rule 8(a) permits four forms of claims: Complaint; counterclaim; cross-claim; third-party complaint

All forms are actually complaints. Rule 8 requires only a “short and plain statement of the claim showing the pleader is entitled to relief.” This commonly is referred to as notice pleading. Under notice pleading, the only requirement is that the pleading contain enough information to fairly notify the opposing party of the basis of the claim. It does not require an elaborate narration of facts; nor does it require that a legal theory of recovery of relief be set forth. The only requirement is a “short and plain statement” that give fair notice of your claims to the opposing side. Forms 2 through 23 in the Appendix of Forms to the Federal Rules of Civil Procedure contain a variety of legally sufficient pleadings. The safest pleading approach is to use the forms and modify them to meet the specific requirements of your case. The standard drafting technique is to state just enough facts to identify the events or transactions that the claim is based on and the legal theory of recovery.

Short Answer 10 points each

1. Please state the rules in your jurisdiction which governs motions?

A motion to compel is a request to a court to order either a party to a court case or a third person to do something. A party who fails to obey a motion to compel may face court sanctions, including penalties for contempt of court.

Motions to compel are frequently used to settle discovery disputes, especially when one party refuses to turn over its answers to interrogatories, documents or other items asked for in a request for production of documents, or its responses to a request for admissions. A motion to compel must include a promise by the party or attorney filing it that he or she made a good-faith attempt to communicate with the other party in order to resolve the problem without having to ask the court to intervene.

In some jurisdictions, a motion to compel may be filed as a routine matter whenever a party misses its deadline to turn in its responses to interrogatories, requests for admissions, or other discovery responses. Often, however, a party’s attorney who realizes she is going to miss a discovery deadline due to other obligations will contact the opposing party’s attorney privately to work out an extension of the deadline. While the attorney awaiting the responses still has a legal right to file a motion to compel in these instances, many will accept an extension of the deadline worked out in advance if the opposing attorney is missing the deadline for a good-faith reason.

A motion to compel may also be filed when a third party or its attorney refuses to comply with a subpoena to give testimony in a deposition or to turn over documents or other items related to the case. Regardless of the reason for the refusal, the court may grant a motion to compel if the third party persists in refusing to give testimony or comply with a subpoena duces tecum.

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2. What can happen to an attorney if an attorney files a frivolous complaint with no basis in fact?

In dismissing the original product case, Judge Peeples called the firm's conduct "an egregious example of the worst kind of abuse of the judicial system." Evidence presented by the automaker in the new lawsuit accuses the lawyers of conspiring to commit several forms of fraud, from tampering with evidence to attempted bribery of witnesses. In addition to filing the lawsuit to discourage frivolous and fraudulent court claims, the automaker is reported to be preparing a complaint to the state bar association.
Inasmuch as a corporation's decision to file a separate lawsuit seeking punitive damages against the plaintiffs' lawyers may be an emerging tactic, court rules have long existed providing for sanctions and punishment against lawyers found guilty of wrongdoing. For example, Federal Rule 46(b)(1)(B) states that a lawyer who "is guilty of conduct unbecoming a member of the court's bar" may be disciplined or disbarred.
Perhaps the most common form of sanctions imposed against opposing counsel occurs under Rule 11, a federal rule that enables judges to penalize lawyers who violate the provisions contained therein. For example, Rule 11 requires the attorney signing pleadings to certify that the signer's knowledge, information, and belief were "formed after reasonable inquiry," that the pleading or motion is "well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law, and that it is not interposed for any improper purpose." Thus, under Rule 11 an attorney is required to engage in additional investigation before signing the pleading. And Rule 11 sanctions are not the most potent arrow in corporate defense counsel's quiver. While those sanctions may deter the filing of claims and result in a dismissal, they do not represent adjudication on the merits when granted. * Sanctions are also appropriately imposed against lawyers under federal law -- title, 28, section 1927 -- for conduct that, viewed objectively, manifests either intentional or reckless disregard of the attorney's duties as officers of the court. In such situations, the court often examines whether plaintiffs' counsel's conduct, when viewed objectively, imposed unreasonable and unwarranted burdens on the court and opposing parties, and whether plaintiffs' counsel acted recklessly or with indifference to the law.

* 3 What are the four types of responses and or actions that usually appear in an answer?

Here are some of the types of responses:
Answer
General Denial
Demurrer
* Motion to Strike
Answer: 

You can file an Answer form to respond to the Plaintiff’s complaint. It is a formal statement, in writing, of your defense. You can say that what the plaintiff claims isn’t true. Or you can say it’s true but give more information and reasons or explain the situation. 

The Code of Civil Procedure (CCP) 431.30(b) says what you should put in your Answer. 
 General Denial: 

This is a way to say that nothing in the Complaint is true. Use this if you don’t agree with anything in the Complaint.

Demurrer: 

You can file a Demurrer to tell the Court that the Complaint isn’t enough. You’re saying that even if the complaint is true, it’s not a legal reason for you to have to answer or be held responsible. Say your reasons. 

Note: Filing a Demurrer means that you might be admitting that what the Plaintiff says is true. 

Motion to Strike: 

This asks the Court to take something out of the Plaintiff’s Complaint, because: 
 It’s not understandable,
It’s not legal,
It repeats itself, or
It doesn’t matter (called "immaterial").

4. Name and explain the different types of affirmative defenses and when are they raised?

An affirmative defense is a claim by a defendant in a trial that, while the accusations of action may be true and proven, the reasons behind them negate or partially negate the crime. Affirmative defenses contrast with negative defenses, which assert that a crucial part of the accusation is incorrect. There are many different types of affirmative defenses, including self-defense, insanity, accord and satisfaction, duress, and contributory negligence.
Though most laws provide absolutes, most legal systems make allowances for the fact that technically criminal actions may not be actually criminal in some circumstances. Self-defense affirmative defenses argue that while the defendant broke the law, it was with the reasonable and honest belief that his or her life was at stake. For example, a woman who shoots and kills her husband after he pulls out a weapon and tells her he is going to kill her and her children might be able to enter a plea of self-defense. Like most affirmative defenses, self-defense claims argue that the reasons behind the actions justify or excuse the behavior that might otherwise be considered criminal.

What is voir dire? What role can a paralegal play in the voir dire process? *
A well prepared voir dire allows the attorney to focus on having a conversation with the jurors and appreciating their nonverbal behavior. When entering the courtroom, the attorney or paralegal should be watching the jury panel interact with each other. Who is sitting by whom? Who seems to be friends? Are more than one of these friends sitting on the panel? If they are together, they are likely to vote together. Make sure that they are “good” jurors. Block voting can help or hurt.

Paralegal help
If resources allow, a paralegal can be very helpful in the voir dire process. The goal of a successful voir dire is to have a conversation with the potential jurors. It is easier to have a conversation with people when you are not too busy writing down notes of what they say.
Have a paralegal write down the names of the jurors as they are called. The list should have them in a seating chart. Also, make a note of their appearance. First, this can tell you a lot about a jurors. Are they dressed nice? Are they overweight? Do they look old? Do they have a grumpy appearance? This will assist you in deciding whether a juror is good for your panel. Having a seating chart and a description of each juror will also help you identify which juror you are talking about when you go back to select your peremptory challenges.
The paralegal needs to take notes of each juror’s answers to your questions. Keep track of any posture signs. Any jurors that fail to look at you when you (or opposing counsel) are talking to them? Are their arms crossed? Some may try to hide their preconceived notions of litigation with their answers, but their body language may give them away. Make note of the jurors that seem passive or outgoing. This will let you know who is going to be vocal in deliberations, and who will just go along with what the others want.
When you are talking, are the jurors making eye contact or are they looking elsewhere? Is their speech confident or hesitant? Do they seem anxious, relaxed, withdrawn or bored silly? However, be careful about their body language because what may seem to be hostile body language to you may also be directed at both sides.

6. What does chain of custody mean in relation to authentication?

Chain of Custody is the movement and location of physical evidence from the time it is obtained until the time it is presented in court.
Judges in bench trials and jurors in jury trials are obligated to decide cases on the evidence that is presented to them in court. Neither judges nor jurors may conduct their own investigations into the underlying facts of a given case. In fact, state and federal court rules prohibit judges and jurors from being swayed by, or even taking into consideration, extrajudicial evidence—that is, evidence that is not properly admitted into the record pursuant to the rules of evidence—in rendering their decisions.
Similarly, parties to civil and criminal litigation depend on judges and juries to impartially weigh the evidence, and only the evidence, that is properly admitted into the record. Every day, across the United States, litigants stake their reputations, livelihoods, bank accounts, homes, Personal Property, and freedom on the premise that the outcome to their judicial proceedings will be one that is reached fairly and justly, according to the evidence.
7. What is a motion for summary judgment? When will it be granted? And what rule governs the motion? What is the purpose of a motion for summary judgment?

SUMMARY JUDGMENT
(a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
(b) Time to File a Motion. Unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.

8. When is a counterclaim compulsory?

Compulsory counterclaim
A compulsory counterclaim is a claim made by a defendant against a plaintiff that arises from the same transaction or occurrence as the plaintiff's claim. The claim is compulsory in this situation in that it must be raised in the defendant's answer, or it is waived. If defendant fails to assert counterclaim in his answer, he is thereafter precluded from asserting it against plaintiff in the plaintiff's pending action or in an independent action.
An exception to this rule exists when the pleader fails to make the compulsory counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires-- then the pleader may by leave of court set up counterclaim by amendment.
9. What is the purpose of a brief in support of a motion?

In law, a summary judgment (also judgment as a matter of law) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Such a judgment may be issued on the merits of an entire case, or on discrete issues in that case.
In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare cases jury nullification of the law may act to contravene or complement the instructions or orders of the judge, or other officers of the court. A fact finder has to decide what the facts are and apply the law. In traditional common law the fact finder was a jury, but in many jurisdictions the judge now acts as the fact finder as well. It is the fact finder who decides "what really happened," and it is the judge who applies the law to the facts as determined by the fact finder, whether directly or by giving instructions to the jury.
10. What is the difference between “with prejudice” and “without prejudice” when it comes to a dismissal of a case?
It is an order issued by a judge actually dismissing the charges that were brought in the case - usually for some legal insufficiency, or lack of evidence, of the case itself. There are two types of dismissal: Dismissal WITH Prejudice, and Dismissal WITHOUT Prejudice. WITH prejudice means that the same charges cannot be re-instituted and brought before the court again,. WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again AFTER the legal insufficiency is cured.

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