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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.