Table of contents for Civil law and litigation for paralegals / Neal Bevans.

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Table of Contents
Preface
About the Author
Chapter 1: Introduction
Introduction to the American Judicial System
Civil Law
	What Is Civil Law?
	How Does Civil Law Differ from Other Areas of Law?
Sources of Legal Authority in the United States
	U.S. Constitution
	Statutes
	Case Law
	Common Law
Jurisdiction
	Subject Matter Jurisdiction
	Personal Jurisdiction
Federal and State Court Systems
	The Levels of the Federal Court System
	The Levels of the State Court System
	Federal vs. State Law
Chapter 2: The Participants in the Legal System
Judges
	Becoming a Judge
	The Role of the Judge
Attorneys
	Becoming an Attorney
	Ethical Codes
	Common Ethical Violations
	Law School Education
	Legal Ethics
	The Day-to-Day Practice of Law
Paralegals
	Historical Development of the Paralegal Profession
	Daily Activities of Paralegals
	Licensing and Certifying Paralegals
Clients
Courthouse Personnel
	Clerk of Court
	Registrar of Deeds
	Probate Court
	Tax Office
Chapter 3: Inside the Law Office
Organization of the Law Office
	Partners
	Hiring Personnel
Compensating Legal Professionals
	Contingency Fees
	Hourly Billing
Professional Corporations and Associations
Other Business Models for Law Offices
Chapter 4: Bringing a Legal Action
Evaluating a Civil Case
	What Is a Case Evaluation?
	Initial Client Meeting
	Obtaining Authorizations from a Client
	Other Information from Clients
	Information the Law Firm Provides to the Client
Investigating the Claim
	Attorneys and Paralegals as Investigators
	Paralegal Investigators
	Interviewing Witnesses
	Documenting the Scene 
	Gathering Evidence
	Researching Public Records
Determining a Cause of Action
Chapter 5: Civil Complaints
Parties
	Defining ?Party?
	Adverse Parties Are Required
Jurisdictional Issues in Civil Suits
	Personal Jurisdiction
	Subject Matter Jurisdiction
	In Rem Jurisdiction
	Concurrent Jurisdiction
Capacity and Standing
	Capacity
	Standing
	Case or Controversy Requirement
	Ripeness Doctrine
	Mootness Doctrine
	Advisory Opinions
The Elements of a Complaint
	Identification of Court
	Style or Caption of a Complaint
	Title of Action
	Allegation of Jurisdiction
	Factual Contentions
	Liability Allegations
	Demand for Judgment/Prayer for Relief
	Request for Damages
	Jury Trial Demand
Complaint Attachments and Exhibits
	Verifications
	Exhibits
Summons and Service of Process
	Service by Personal Delivery
	Service by Other Means
	Serving a Corporation or Government Entity
Chapter 6: The Defendant?s Answer
The Answer
	The Function of an Answer
	The Minimum Requirements of an Answer
	Drafting the Answer
	Serving the Answer on the Plaintiff
	Failure to Respond to the Complaint
	Failure to Respond to Allegations in the Complaint
Defenses
	Affirmative Defenses
	Counterclaims
	Replies to Counterclaims
Rule 12(b)(6) Motions
	Purpose of the Rule 12(b)(6) Motion
	When Can a Defendant File a Rule 12(b)(6) Motion?
	Motions to Strike
Cross-Claims
	Answers to Cross-Claims
	Time Limits for Cross-Claims
Third-Party Claims
	Impleader
	Interpleader
	Intervention
Class Actions
Chapter 7: Evidence
The Role of Evidence
	Relevance
	Competence
	Admissibility
	Laying the Foundation
	Tendering Evidence
	Objecting to Evidence
Types of Evidence
	Direct Evidence
	Circumstantial Evidence
	Documentary Evidence
	Other Categories of Evidence
Specific Evidentiary Rules
	The Best Evidence Rule
	Hearsay
	Authentication
Privilege
Chapter 8: Discovery
Introduction to Discovery
The Purpose of Discovery
	Clarification of the Facts
	Preservation of Testimony for Later Use
	Avoiding Surprise at Trial
	Narrowing the Issues
Short History of Discovery
	Modern Approaches to Discovery
	Rules of Civil Procedure
Discovery in Modern Civil Practice
	Sequence of Discovery
	Supplementing Discovery Responses
	Duty of Disclosure
	Expert Witnesses in Modern Discovery
	Electronic Discovery
Discovery Methods
	Depositions
	After the Deposition
	Interrogatories
	Request for Production of Documents and Things
	Request for Physical and/or Mental Examination
	Request to Admit Facts
	Objections to Discovery Requests
	Failure to Respond to Discovery Requests
	Compelling Discovery
	Software that Assists in Discovery
Chapter 9: Motions Practice
Bringing a Motion
	Construing the Language in a Motion
	Drafting a Motion
	Serving a Motion
	Attaching Affidavits to the Motion
	Filing a Motion
	Responding to a Motion
	Arguing a Motion
Ruling on a Motion
	Written Motions
	Oral Motions
Issues that Can Be Addressed in a Motion
	Motion for Summary Judgment
	Motion for a Partial Summary Judgment
	Judgment on the Pleadings
Affirmative Defenses
12(b)(6) Motion
Motion for More Definite Statement
Motion for Default Judgment
The Judge?s Role in Considering Motions
	Motions for Summary Judgment
Using Motions to Clarify Issues in Litigation
Pretrial, Trial, and Post-Trial Motions
	JNOV Motions
	Motion for Directed Verdict
	Motion for New Trial
Chapter 10: Preparing for and Conducting the Trial
Preparing for Trial
	The Attorney?s Role
	The Paralegal?s Role
	Preparing Exhibits
	Preparing Witnesses for the Trial
	Preparing the Paralegal for Trial
Mock Trials
	Litigation-Trained Paralegals
Phases of the Trial
	Pretrial Conference
	The Trial
	Resting the Case
	Motion for Directed Verdict
	Presenting the Defense
	Charge Conference
	Closing Argument
	Jury Instructions
	Jury Deliberation
	Verdict
	Judgment
Chapter 11: Damages
Types of Damages
	Compensatory Damages
	Proving Damages
	Punitive Damages
	Nominal Damages
Equitable Remedies
Evaluating Potential Damages
	Evaluating a Case
	Reviewing the Facts of a Case
	Asset Searches
	The Jury?s Role
Chapter 12: Arbitration, Mediation, and Settlement
Alternative Dispute Resolution
	Arbitration
	Mediation
Settlement
	Settlements Are Contracts
	Defining ?Settlement?
	Procedures in Bringing About a Settlement
	Releases
Chapter 13: Appeals
Starting an Appeal
	Motion for New Trial
Appellate Courts
	Notice of Appeal
	The Record
	Appellate Docket Number
Briefs
	Appellant?s Brief
	Appellee?s Brief
	Oral Argument
The Powers of the Appellate Courts
	Affirming the Lower Court?s Decision
	Reversing the Lower Court?s Decision
	Modifying a Decision
	Remanding a Case
Organization of the Appellate Court System
	The State Supreme Court
	Certiorari
The United States Supreme Court
Appendix A
Appendix B
Appendix C
Glossary
Index

Library of Congress Subject Headings for this publication:

Civil procedure -- United States.
Trial practice -- United States.
Legal assistants -- United States -- Handbooks, manuals, etc.