the paralegal professional. seminar information instructor: joy tootle power points are in doc...
TRANSCRIPT
SEMINAR INFORMATION
Instructor: Joy Tootle
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DISCUSSION BOARD TIPS3 substantive posts per week minimum.Post timely. Late posts are subject to point
deductions.Answer the main post in depth, and respond to other
students. Build upon another’s response. Incorporate course materials, what you’ve read, your research and your experience. Offer an opposing viewpoint (in a courteous manner).
A substantive response is not just agreeing or disagreeing with or simply complimenting another student. Explain why you agree or disagree. Add your take, ask questions, share weblinks.
• Read every post—it gives you a sense of what issues are intriguing and helps you prepare responses. Read my posts and respond .
• Review your posts before submitting. Read, re-read, proofread and spell check—this is practice for your profession!
LATE POLICY
Submit work on time – this is good practice for legal deadlines!
If you are unable to submit work on time, email instructor. I may provide an extension.
Don’t give up!!! Turning in something late is better than receiving a zero.
OTHER ADMINISTRATIVE ISSUES Check for new Announcements each
time you enter course.
Review the written assignment grading rubric.
CITE to sources. Avoid PLAGIARISM.
Ask questions! Don’t be afraid to COMMUNICATE with instructor about issues, problems or concerns.
Assignment Checklist:
Read Chapter 7, 9 and 11Written Assignment on Legal Documents SeminarDiscussion BoardQuiz
LEGAL MEMORANDUM
A/K/A Memorandum of Law
Interoffice document used by legal team
Facts, issues, research & analysis of case
Must include positive and negative elements
Inform, not persuade (be objective)
Parts of a Memo
1. Heading2. Issue3. Brief Answer4. Facts5. Discussion/Analysis including
research6. Conclusion
Legal Brief
A/K/A Appellate Brief
Document written to the court to persuade the court to find in favor of the client
Usually filed with an appellate court
Follow Rules of Court for requirements (page limit, margins, font size, spacing, format)
COMPLAINT1. Case Caption2. Title (“Complaint”)3. Short Introduction (“Comes now the plaintiff,
John Doe, by and through his attorney, and alleges:”)
4. Parties5. Jurisdictional statement6. Allegations or Statement of Facts7. Causes of Action8. Damages9. Jury Demand10. Prayer for Relief11. Date submitted to the court12. Attorney information and signature
SUMMONS
Order issued by the court at time complaint is filed
Orders the defendant to answer to the allegations within a specified time period
Served on defendant with a copy of the complaint
ANSWER
Defendant’s response to the allegations in a complaint.
Contains admissions or denials.
Asserts defenses and affirmative defenses.
Must be served on plaintiff within a set time frame (depends on jurisdiction)
MOTIONS
Written (or oral) request to the Court by a party
Examples:Motion to DismissMotion for Summary JudgmentMotion for Directed VerdictMotion in LimineMotion for Protective Order
Other types of Legal Documents:ContractsLease AgreementsPolice ReportsSettlement AgreementsWills, TrustsMany, many more!
Civil Litigation
Involves legal action to resolve disputes between parties
A variety of civil matters, e.g.,: Auto accidents Breaches of contract Patent infringement
Litigation paralegals: Researching Preparing documents Interviewing clients Consulting with the attorney
CIVIL LITIGATION
Legal action to resolve disputes between parties
There must be a CAUSE OF ACTION A CAUSE OF ACTION is a claim for
which a court can provide a remedy
STEPS IN CIVIL LITIGATION PROCESS
1. Information gathering
2. Complaint filed3. Complaint & Summons served on
Defendant.4. Answer5. Discovery6. Trial7. Post –Trial (Appeal?)
Complaint
The plaintiff, the party who is suing, files a complaint containing: A caption (information concerning the
parties and the court) The gravamen (allegations of the cause
of the injury) The “prayer for relief” (the relief sought) Signature block and possibly a
verification (attorney information/client’s sworn adoption of the facts)
Summons
A court order directing the defendant (the person against whom the suit is brought) to appear and answer the complaint
Establishes personal jurisdiction May be served various ways, including:
In person By mail To a statutory agent By publication
ANSWER
Defendant must file an Answer or response to the Complaint within a certain period of time.
Length of time varies depending on jurisdiction.
Failure to timely file an Answer might result in a Default Judgment (defendant loses lawsuit on a technicality)
Discovery
The process of learning the facts of the case from the other party and witnesses
Prevents surprise Saves court time Promotes settlement Includes:
Depositions Interrogatories Requests for productions Physical and mental exams
Trial
Right guaranteed by the 7TH Amendment to the U.S. Constitution
Jury trial: Judge – trier of lawJury – trier of fact
Bench trial:Judge – trier of law AND trier of fact
Stages of Trial
Jury selection (voir dire) Opening statements Plaintiff’s case Defendant’s case Rebuttal and rejoinder Closing arguments Jury instructions (charge to the
jury) Jury deliberations Judgment
Jury Selection
The array (jury pool) is called. Prospective jurors fill out a
questionnaire. Examined by lawyers and/or judge as to
possible bias in the case. May be excused “for cause” (potential
or actual bias) or by a peremptory challenge (based on case strategy).
Jurors may be isolated from outside influences (sequestered) if the judge feels it’s necessary.
Trial Opening Statements – summary of the issues . Plaintiff’s case Defendant’s case Rebuttal Rejoinder Closing Arguments Jury Deliberations. Judgment.
Appeal
Once there is a final judgment, the losing party can appeal if: There is a timely notice of appeal filed There are grounds for appeal (errors of
law)
The appeal usually consists of written briefs of law and possibly oral arguments.
PARTIES IN CIVIL LITIGATION Plaintiff vs. Defendant Plaintiff sues Defendant is the party being sued
HYPOTHETICAL
Ross and Rachel are having espressos at their favorite local coffee shop. As they are leaving, Rachel slips on some coffee that was spilt onto the floor that had not been cleaned up and she sustains serious back injuries that prevent her from continuing her employment as a professional country line dancer. Rachel sues the coffee shop for damages.
CIVIL CASES – Burden of Proof
Burden of proof lies with the plaintiff.
Burden of proof is preponderance of evidence.
(more than 50% chance defendant guilty of allegations)