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Test Bank for Civil Litigation, 7th Edition

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This is completed downloadable of Test Bank for Civil Litigation, 7th Edition

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ISBN-10 ‏ : ‎ 1285449185
ISBN-13 ‏ : ‎ 978-1285449180
Author: Peggy N. Kerley, Joanne Banker Hames, Paul Sukys

Succeed in your role as a paralegal with CIVIL LITIGATION, Seventh Edition. Practical, easy-to-understand, and thoroughly up-to-date, this proven book helps you grasp the details of today’s litigation practice, covers the litigation process in a range of contexts, and demonstrates the relationship of litigation to other legal specialties. Each chapter includes exercises focusing on two cases, giving you the opportunity to work the cases from beginning to end, simulating an on-the-job experience. You’ll also find sample documents (such as complaints, answers, interrogatories, and deposition summaries) that familiarize you with the documents you will encounter in the litigation law office.

Table of Content:

Part I: Introduction to Civil Litigation
Ch 1: Litigation and the Paralegal
Chapter Outline
Introduction to Civil Litigation
Types of Civil Lawsuits
Alternatives and Limitations to Litigation
Locating the Law of Civil Litigation
The Role of Technology in Litigation
The Role of the Litigation Paralegal
Skills Required of the Litigation Paralegal
Practical Tips for Success in the Law Firm
Summary
Endnotes
Ch 2: The Courts and Jurisdiction
Chapter Outline
The Courts and Litigation
Federal Court System
State Court Systems
The Courts and the Internet
Jurisdiction
Venue
Summary
Part II: Initiating Litigation
Ch 3: Preliminary Considerations and Procedures
Chapter Outline
Determining the Existence of a Cause of Action
Feasibility of the Lawsuit
Turning down a Case
Time Limitations
Ethical Considerations in Accepting a Case
Ethical Considerations after Accepting a Case
Ethical Considerations and Technology
Special Ethical Concerns for Paralegals
Law Office Procedures
Summary
Ch 4: Investigation and Evidence
Chapter Outline
The Client Interview
Locating Fact Witnesses or Elusive Defendants
Techniques for Interviewing Fact Witnesses
Evidence
Methods for Locating and Preserving Evidence
Expert Witnesses
Summary
Ch 5: The Complaint
Chapter Outline
The Nature and Purpose of Pleadings
The Elements and Format of a Complaint
Identifying and Describing the Parties
Alleging Jurisdiction and Venue
Pleading the Cause of Action
Request for Damages or other Relief
Drafting the Complaint
Filing the Complaint
Electronic Filing (E-Filing)
The Summons
Serving the Complaint
Amending the Complaint
Summary
Ch 6: Responses to the Complaint
Chapter Outline
Responding to the Complaint
Types of Answers
Drafting the Answer
Counterclaims, Cross-Claims, and Third-Party Complaints
Legal Challenges to the Complaint
Failure to Answer
Summary
Ch 7: Motion Practice
Chapter Outline
Motions Generally
Preparing, Serving, and Responding
Court Procedures Involving Motions
Specific Motions
Preliminary Injunctions and Temporary Restraining Orders
Summary
Part III: Discovery
Ch 8: Overview of the Discovery Process
Chapter Outline
The Nature of Discovery
The Extent of Allowable Discovery
Duty of Mutual Disclosure under Rule 26
Cooperating with Discovery
Summary
Endnotes
Ch 9: Depositions
Chapter Outline
The Deposition
Traditional and Electronic Depositions
The Paralegal’s Role before the Oral Deposition
The Paralegal’s Role during the Oral Deposition
The Paralegal’s Role after the Oral Deposition
The Deposition upon Written Questions
Summary
Endnotes
Ch 10: Interrogatories
Chapter Outline
Interrogatories
Interrogatories and ESI
Drafting Interrogatories
Drafting Answers to Interrogatories
Summary
Endnotes
Ch 11: Physical and Mental Examinations
Chapter Outline
The Physical or Mental Examination
Filing a Motion for Compulsory Examination
Requirements for Granting the Motion for Compulsory Examination
Granting a Motion for Compulsory Examination
The Paralegal’s Role in Physical and Mental Examinations
Summary
End Notes
Ch 12: Request for Documents
Chapter Outline
The Request for Documents
ESI and the Document Request
Protection of Documents
Requesting the Production of Documents
Responding to a Request for Documents
Organizing and Indexing the Documents after Production
Inspection of Property
ESI and On-Site Inspections
Summary
End Notes
Ch 13: Requests for Admission and the Future of Discovery
Chapter Outline
Requests for Admission and the Future of Discovery
Drafting Requests for Admission
Responding to Requests for Admission
The Discovery Protocols Pilot Project
Emerging Ethical Issues and the ESI Revolution
Amending Discovery in the Federal Courts
Summary
End Notes
Part IV: Pretrial, Trial, and Posttrial
Ch 14: Settlements, Dismissals, and Alternative Dispute Resolution
Chapter Outline
The Settlement
Settlement Offer
Settlement Agreement and Release
Dismissal, Consent Decree, and Distribution of Funds
Alternative Dispute Resolution
Summary
Ch 15: Trial Techniques
Chapter Outline
Preliminary Preparation for Trial
Preparation of Witnesses
Preparation of Trial Exhibits and Briefs
Coordinating Trial Logistics
Preliminary Steps in the Trial Process
The Jury Process
The Trial
The Paralegal’s Role at Trial
The Electronic Courtroom
Summary
Ch 16: Posttrial Practice
Chapter Outline
Federal Rules Changes Regarding Calculating Due Dates in the Appeal Process
Posttrial Motions
Preliminary Steps in the Appeal
The Appellate Brief
Coordinating the Oral Argument
Final Procedures
Summary
Appendix A: Sample Deposition
Appendix B: Bennett and Douglass Research Files
Glossary
Index

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