Litigation: Commencement of an Action for the Paralegal GLC-101

7/30/2019 Litigation: Commencement of an Action for the Paralegal GLC-101

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Class Workbook & Plans

Course Title: Litigation: Commencement of an Action for the Paralegal GLC-101

Semester Credit Hours: 1

Course Description: The goal of this course is to provide the student with a basic understanding ofthe rules and underlying principles that govern civil procedure and application of the rules to actuallawsuits.

Course Objective: To provide the student with a basic understanding of the rules and underlyingprinciples that govern civil procedure and application of the rules to actual lawsuits. .Using those principles, the student will prepare a complaint from a factual legal situation.

Required Textbook: The Litigation Paralegal: A Systems Approach, 4th Ed., by James W.H.McCord, pages 1- 258.

Instructor name: ________________________________________________________Hours available for students: ______________________________________________Office phone: _________________________________________________________Office address: ________________________________________________________

Curriculum Description

Specific Objectives of the Paralegal Programs

Paralegal ProgramProgram Skills the Teacher Needs to TeachCourse SyllabusCourse Description and ObjectivesCourse Outlines

Curriculum Description

The paralegal profession has had the highest growth rate of any profession in the UnitedStates through the 1990's. There has been a large influx of students into paralegal studiesresulting in a very competitive local market in which applicants with the most convincingand respected credentials find jobs. These courses will be provided to fill a diversity of

needs: an experienced legal secretary may want to upgrade his/ her education to beconsistent with his or her present employment; a student with an acceptable accomplishededucational history may want to learn additional marketable skills; a college graduatewithout a specific vocational focus may find such a focus in environmental law, employee benefits,corporation law, bankruptcy, real estate and mortgages/estates, trusts & wills, personal injury an dlitigation management.

Specific Objectives of the Paralegal Programs

To assure all students and prospective students from initial contact until graduation, arelationship with the schools personnel which will meet the highest ethical standards.

To offer paralegal educational programs designed to prepare graduates for their


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chosen career. To develop, to the extent of economic viability, new methods and programs to meet the needsof a changing job market. To assist the individual in making a smooth transition from "student" to "employee" byproviding a realistic job-oriented education, including internship or inquiry where applicable. To assist graduates in finding employment in the economic community.

Paralegal Program

You may be interested in the fact that paralegals and legal assistants held about 188,000jobs in 2000. Private law firms employ the vast majority, followed by corporations andvarious levels of government agencies. The paralegal curriculum is designed to meet theneeds of this segment of the employing population by providing the student with an overall trainingin the legal field. The curriculum is divided into several courses of study, covering the followingareas of law: family law; real estate and mortgages; wills, successions, and estate administration;Torts, business law; legal research and writing; law and ethics; writing conference and careerdevelopment; litigation; criminal law, etc. Several Clinic are offered to emphasis many importantsection s of the law and related areas of employment.

Program Skills

Legal research Interview clients and witnesses Obtain statements and gather data in preparation of litigation Prepare pleadings, service of process, subpoenas, wills, contracts, and other legal

documents Organize and index documents and information Draft and review deeds, mortgages, leases, and other real estate and related contract

documents Set up and maintain dockets and files Recognize and research criminal causes of action and pre-trial, trial, and post-trial

stages of litigation Draft and review legal documents such as divorce petitions, child support, child

custody, and property settlement agreements Draft and review wills and estate plans Prepare and execute post-judgment documents Draft and review bankruptcy petitions Identify various business types; prepare articles of incorporation and various other

documents relative to business organizations Abstract depositions Review and prepare discovery materials and responses

Course Syllabus

Introduction: The purpose of this syllabus is to explain to the student what he/she should expect inthis course. An instructor may also produce a syllabus of his or her own outlining assignments andprocedures to be followed in the class. Please give the students the following information so they maycontact you.

Occasionally, instructors unavoidably arrive late or cancel classes due to circumstances arising fromtheir professional practices. Should there be a reasonable expectation that a class will run overtimedue to an instructors late arrival, any student who must leave at the originally scheduled ending timeshould speak to the instructor before class or during the break. Any and all Students leaving before

the originally scheduled ending time will be marked absent by the instructor.


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The purpose of all classes is to prepare students for the job market. The teacher will attempt to relatethe contents of this course to actual job situations. Seminars are designed to provide basic informationand ideas in a specific area of the law for those who are working in a law office and those who plan towork in a law office.

Hours in Class and Credit Earned:

This class will meet as show on the Colleges website and on your schedule. Thursdays and Sundays

are designated as make-up days. The teachers may vary the class meeting time as long as the requiredhours are met in each course; this is done so that the school can hire working professionals. One and ahalf semester credit hours are granted for satisfactory completion of this class and a grade will beposted on the students transcript. This class counts toward satisfaction of the requirements forgraduation from the paralegal studies curriculum.

Suggested Supplies for the Student:

Pencil, highlighter, red and black pens.

Attendance:

The College adheres to the American Bar Association policy for law school attendance whichrequires "regular and punctual class attendance." Students are expected to attend every meeting ofevery class. The student has the responsibility of attending all scheduled classes. The teacher recordsstudent attendance during each class session. A student is recorded as absent for being more than aspecified number of minutes late for a class and/or for leaving class before being dismissed by theteacher. See BRCs website for specified time. Instructors will take attendance at the beginningand/or end of each class session. If the student is late and/or must leave early, it is the students

responsibility to inform the teacher at that class session. Students are responsible for obtaininginstruction and information missed during absences.

All teachers certify attendance records and are responsible for correct and accurate reporting ofattendance and class hours. Class time missed must be made up. The college administration relieson attendance records submitted by the teachers, and hold the teachers responsible for incorrectattendance records. Teacher must check and report attendance correctly.

It is each students responsibility to make sure the teacher records him/her present in each class in

which he/she is in attendance. If a student misses class due to illness or emergency, it is thestudents responsibility to contact the teacher of the course directly. It is not necessary for the student

to notify the administration.

There are no excused absences. All classes started, but not completed, prior to dismissal for

excessive absences will receive a W. An outline of the number of absences allowed appears below.

Example: A student is enrolled for...---------------------------------------------------------------------------------------------------------3 Semester Credit Hours 2 Absences allowed per semester3 absences the student is dismissed for the semester and not allowed to receive credit for the coursesenrolled.---------------------------------------------------------------------------------------------------------6 Semester Credit Hours 4 Absences allowed per semester5 absences the student is dismissed for the semester and not allowed to receive credit for the coursesenrolled.

---------------------------------------------------------------------------------------------------------


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9 Semester Credit Hours 6 Absences allowed per semester7 absences the student is dismissed for the semester and not allowed to receive credit for the coursesenrolled.----------------------------------------------------------------------------------------------------------12 Semester Credit Hours 8 Absences allowed per semester9 absences the student is dismissed for the semester and not allowed to receive credit for the coursesenrolled.

Internship hours are kept by the supervising attorney. The interning student is required to notify the

supervising attorney immediately if an absence will occur from an internship. The student must alsorecord the absence on the daily internship time sheet. Absences should occur only in extremeemergencies. The student must make up any regularly scheduled time missed.

Occasionally, teachers unavoidably arrive late or cancel classes due to circumstances arising fromtheir professional practices. Should there be a reasonable expectation that a class will run overtimedue to a teachers late arrival, any student who must leave at the originally scheduled ending timeshould speak to the teacher before class or during the break. Any and all students leaving before theoriginally scheduled ending time will be marked absent by the teacher. If the teacher is 30 or moreminutes late to class, the class is dismissed and will be made up at another time set by the teacher.

Teacher Evaluation:Teacher evaluations are completed by each student. These evaluations are used to help the

teacher improve.

Class Participation:

Participate in class in appropriate ways - taking notes, asking questions, responding toquestions, etc.

Tests:

Take all in-class test. Take the final examination given by the teacher. The school will provide an

administrative exam to be given at the end of each course. Make-up exams will be at the discretion ofthe instructor.

GRADES:

Grading Scale:90 - 100 = A89 - 80 = B79 - 70 = C69 - 60 = D59 - 60 = F

Final Grade Computation Example: The following is an example of final grade computation. Theinstructor may, at his or her discretion, adjust the percentages.

Example:40% = Final Exam10% = Attitude & Attendance35% = Midterm Exam15% = Homework/Workbook

Satisfactory Progress Policy:


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The Satisfactory Progress Policy applies to all students whether they are enrolled on a full-time, half-time or self-paced basis and applies to all programs of study. Students are considered makingSatisfactory Progress in the program of study as long as they are eligible to continue in attendance inaccordance with the following provisions. Each student's Satisfactory Progress is measured at the endof each month or course and includes the following elements: Incompletes, Withdrawals, Repetitions,Failures

Withdrawal from a Course:

A student may add or drop a course(s) during the first week of class. After the first week, if thestudent attends a class, the student will be enrolled in that course for the entire term of the course.Should a student withdraw from a course before the midterm, the student will receive a "W" for thatcourse. The "W" will remain on the students permanent record. Should a student withdraw from acourse after the midterm, a grade of WF will be received. The students graduation date will be

extended under these circumstances.

Incompletion of a Course:

A student will receive an "I" in a course with the approval of the Admission and Education TeamSupervisor or the President, after consultation with the instructor. The work required to complete the

course must be completed during the next three weeks or the student will receive an "F" for thecourse.

Repeating a Course:

A student may elect to repeat a course at his own expense to improve a grade, which will be averagedinto the student's cumulative grade point average (GPA). The first grade will not be averaged into theGPA; however, no grades will be deleted from the student's transcript. The second grade will beshown as a repeat on the student's transcript. All courses must be repeated prior to graduation dates.

Failing a Course:

A student who receives a grade of "F" in any course must repeat the course or complete anothercourse in the rotation of courses offered to be eligible for graduation in the chosen curriculum. Therepeat or new course will be averaged in the student's cumulative GPA; however, the "F" will not bedeleted from the transcript. A minimum grade of "D" or better is required to pass all courses in allprograms; however, a student may repeat a course until it is satisfactorily completed. A student maysubstitute a course upon approval, in writing, by the Administration. The students graduation datewill be extended under these circumstances. Non-credit remedial courses are not offered.

Holidays and Inclement Weather:

Taking a holiday or postponing class due to inclement weather is at the discretion of each teacher andall classes missed must be made up during the current block of classes. If the student has any doubtsas to whether or not class will be held, the teacher should be contacted, not the college! If a teacherdoes contact the college with notice of such a postponement, an e-mail will immediately be sent outto all students; therefore student e-mails should be checked regularly.

Make-up Policy:

Make-ups may be allowed at the discretion of the instructor Make-ups may be allowed if the studentmisses a quiz or test due to unavoidable circumstances, such as his/her own illness or serious illnessor death of a family member or close friend. The student must contact the teacher about taking a

make-up within 3 calendar days of the missed assignment. The teacher may require written


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documentation of the circumstances an d reserves the right to investigate the truth of the claim ordeny the student the right to take a make-up. Make-up work is totally at the discretion of theinstructor.

Academic Honesty:

The school places a high premium on academic honesty. The students may certainly study together,exchange notes, consult books in the library, etc. When students enter the classroom to take a quiz ortest, they must place all notes and books out of sight. The students must avoid even the appearance of

impropriety. The teacher may ask the student to certify honesty by writing on each quiz or test paperthat "I have neither given nor received aid during this test (quiz, examination) and by signing thestatement.

Location of Class:

Most classes are conducted at the main campus or auxiliary lecture sites. However, teachers areencouraged to take students to law offices, courtrooms, large law libraries, and other communitylocations where paralegals may learn how the legal community functions. Students are responsiblefor obtaining instruction and information missed during absences.

Time Allotment:

Each class will be meet as show on the Colleges website and on your schedule.

Classmates:

Students may find it helpful to have the names and phone numbers of two or three classmates in casethe student needs to get notes, find out about announcements, etc.Name:_____________________ Phone:______________________Name:_____________________ Phone:______________________Name:_____________________ Phone:______________________

Student Email: All students are issued a private e-mail address which can be accessed through thewebsite, www.brc.edu. It is the students responsibility to check this e-mail address daily for allnotices and announcements.

Final Exam Date of Exam ___/___/___

Student preparation checklist:

Take notes during Final Exam Review:

Use the assignments given throughout the course as your study-aids.

Make sure you know what the test will consist of and how it will be administered. Relax! If you know the material and understand the structure of the exam, you should do

fine! If you have questions, dont be afraid to ask your instructor!

Instructional Methods in BRC courses:

Lectures, case study from text and reports, basic legal research, writing exercises (case brief,preparing questionnaires, using and drafting forms, drafting petitions, drafting discovery, etc.) guestspeakers, and group projects. Class participation is required.

Teacher Evaluation:


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Teacher/Staff evaluations are completed by each student. These evaluations are used to help theteacher and the school improve.

Class Participation:

Participate in class in appropriate ways - taking notes, asking questions, responding to questions, etc.

Food and Drink Policy:

Food items and soft drinks may not be consumed in BRC classrooms. Students are also discouragedfrom bringing any food and drink items into the classroom even though these items remain in sealedpackaging.

Smoking/Tobacco Products:

Smoking or the use of any tobacco products is prohibited inside the BRC building.

No Children in the Classroom:

In order to adhere to instructional procedures, as well as maintain the safety of children, BRCspolicy of no children in the classrooms (lecture, lab, etc.) will be followed.

Cell Phones/Pagers:

All cell phones and pagers must be turned off when the student is participating in any lectures.

Time Allotment:

Each topic should receive equal time. If the attorney instructor thinks that students need additionaltime for a topic based on his professional practice and training, the time should be adjusted.

Student Outcomes * Standards set by American Association for Paralegal Education

1. To identify the primary sources of legal restrictions on the activities of paralegals.

Measure: Students will complete assignments testing their knowledge of theNALA Code ofEthics and Professional Responsibility and the NFPA Affirmation of Responsibility.

Standard: At least 80% of students will receive a grade of C or better on eachof the assignments.

2. To identify the primary sources of the rules of professionalism given to lawyers.

Measure: Students will complete assignments testing their knowledge of theABA Model Guidelines for the Utilization of Legal Assistant Services and the LA Bar

Associations Rules of Professional Conduct.


3. To learn how ethics concerns the paralegal profession and identify special concerns of the paralegal.


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Measure: Students will participate in discussions and complete writingassignments dealing specifically with the unauthorized practice of law, confidentiality,conflicts of interest, misrepresentation, and reporting unethical behavior.


PRE-MIDTERM OBJECTIVES:

Assess student understanding using provided question list and/or other activities. Relate student assessment questions to being an employed paralegal. Correlate apprenticeship list of items to be performed with the student assessment questions. Discuss civil litigation, court organization, and motion practices.

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TOPICS TO BE COVERED BEFORE THE MIDTERM EXAMINATION

I. WELCOME TO THE LAW OFFICE Chapter, pages 2- 41IntroductionOffice ManualThe Paralegal Handbook: Office Orientation

II. THE INITIAL INTERVIEW Chapter 2, pages 42-78The Interview PlanThe InterviewSummarizing the InterviewKeeping the Client InformedSummary

III. EVIDENCE AND INVESTIGATION Chapter , pages80-136IntroductionThe Relationship of Evidence Law to InvestigationPlanning the InvestigationEthical and Related ConsiderationsGathering the EvidencePreserving EvidenceReviewing the Informal InvestigationSummary

QUESTION LIST: Review these questions with students at the beginning of class and create

your own assignments for assessing student understanding of course material.

WELCOME TO THE LAW OFFICE

1. An active founding owner of a law firm is often called _________________.A. senior associateB. associateC. senior partnerD. of counselE. A and D

2. A lawyer who works for a firm, but is not yet a partner in the firm is referred to as _____.A. an associateB. a paralegal


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C. a law clerkD. legal aide

3. Of the following, which are personal injury cases?A. negligence casesB. civil rights casesC. products liability casesD. A and CE. A and B

4. A paralegal is valuable to a law firm becauseA. a paralegal will make a good partner .B. aparalegals time may be billed out.C. a paralegal is not bound by ethical standards.D. a paralegal can help the law firm efficiently deliver legal services to more people.E. B and D

5. Keeping track of how you spend your time in the law office is important because:A. it provides a basis for analyzing your productivity.B. it provides a basis for billing the client.

C. Both A and BD. Neither A nor B

6. Under task-based billing, clients are chargedA. for the number of hours required by a task.B. a set fee for a particular task.C. only if the case is won.D. for the attorneys work, but not the paralegals work.

7. Which of the following is not consistent with the suggestions on learning to complete assignmentsefficiently?

A. Have a thorough understanding of assignment.B. Know the completion deadline.C. Do not reinvent the wheel on each assignment.D. Avoid asking questions fo your supervising attorney.

8. The value of developing a litigation system includes all of the following except:A. saves time.B. assists the paralegal with unique and irregular tasks.C. allows a student to be better prepared for the job.D. saves effort.

9. By law a paralegal may not do any of the following exceptA. give legal advice.B. represent a client in U.S. District Court.C. accept cases.D. accept year end bonusesE. solicit cases for an attorney.

10. All of the following are necessary for a paralegal to avoid the unauthorized practice of law exceptA. The task must be delegated by an attorney.B. The paralegal must not draft documents for the attorney.C. The lawyer must retain a direct relationship with the client.

D. The task must be information gathering or ministerial.


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E. Work must be given final approval by the lawyer.

11. Which of the following would be a conflict of interest?A. Paralegal assists on case for bank when paralegal has account with that bank.B. Paralegal assists attorney representing his/her family.C. Paralegal assists on case attacking company in which paralegal holds stockD. Paralegal assists on case against good friend.E. All of theseF. C and D

12. A clients confidentiality would be protected in each of the following settings exceptA. a conversation in the office reception area between the paralegal and the client, with theclients mother-in-law present.B. a conversation in the paralegals office between the paralegal and the client with no one elsepresent.C. a conversation in the paralegals office between the paralegal and the client with thesupervising attorney present.D. a conversation in the clients home between the client and the paralegal with no one elsepresent.

13. True or False. Generally speaking, paralegals may not have business cards with the name ofthe firm on them.

14. True or False. Sexual harassment is likely to lead to a contract suit.

15. True or False. Pro-bono cases deal with corporation law.

16. True or False. A tickler system is a calendaring process.

17. True or False. When speaking to a witness on the phone, it is best not to identify your firm.

18. True or False. One of the most common problems in using the telephone is failing to recordphone numbers and addresses accurately.

19. True or False. Use your clients first names to help them feel comfortable.

20. True or False. Paralegals may represent clients at federal administrative hearings. 21. Poorresearch is the most frequent reason for malpractice suits.

22. True or False. Professional development requires that you join the ABA.

23. True or False. Ethical standards are set in each jurisdiction by the local judge.

24. True or False. There would be a conflict of interest if you assisted in representing a client in asuit against your cousin.

25. True or False. Only attorneys need concern themselves with professional ethics.

26. True or False. Paralegals must be licensed in 13 states.

27. Define double billing . _______________________________________________________________________________________________________________________________________


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28. Define the term civil litigation. __________________________________________________________________________________________________________________________________

29. Which is not true of an intermediate appellate court?A. Exists in all state systemsB. Retries a case on appealC. Considers questions of law only

30. Most court cases are disposed of byA. fhe trial court.B. the intermediate appellate court.C. the highest appellate court.D. B and C

31. A court of general jurisdictionA. hears military cases only.B. usually has appellate jurisdiction only.C. is common to the federal court system.

D. is common to the state court system.

32. When a judge or jury attempts to answer the question What happened?, it is trying to answerA. a question of law.B. a question of fact.

33. A United States District Court can have which of the following types of jurisdiction?A. general jurisdictionB. diversity jurisdictionC. appellate jurisdictionD. federal question jurisdiction

E. A and BF. B and D

34. All of the following are true of the U.S. Supreme Court exceptA. hears all appeals from the U.S. appellate courts.B. is the court of final review.C. accepts cases of national significance through the writ ofcertiorari.D. must hear some appeals covering specific constitutional questions.

35. One of the following steps in the flow of a case is out of chronological order. Which is it?A. accident or event

B. informal investigationC. motion for summary judgmentD. file a complaintE. file an answerF. discoveryG. trialH. appeal

36. True or False. The jurisdictional amount in federal diversity cases is the value of all claimsmade by one plaintiff against one defendant.

38. True or False. Venue is determined in the same way as jurisdiction.


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39. True or False. The Supreme Court has original jurisdiction over controversies between two

states.

40. True or False. A court has personal jurisdiction over everyone in its district.

41. True or False. The jurisdictional amount for federal diversity cases is $25,000.

42. True or False. The United States Tax Court is a legislative court.

43. True or False. Federal question cases go directly to the Supreme Court.

44. True or False. Domicile is established for the purposes of appeal.

45. True or False. Trial courts decide questions of law and questions of fact.

46. List the name and describe the jurisdiction of the three major levels of the federal court system._________________________________________________________________________________

47. Give the name and location of the following:

A. The federal district court(s) in your state _____________________________________B. The federal court of appeals for your state____________________________________

INITIAL INTERVIEW1. An interview form (questionnaire) is useful because

A. it will save time for the interviewer by avoiding the need to reinvent the wheel for similarinterviews.B. it can serve as a guide and a checklist.C. such forms are often based on years of experience and considerable thought.D. all of the aboveE. A and C only

2. A paralegal should not rely entirely on model interview forms becauseA. they are usually too long.B. they are usually too short.C. they do not always allow for the uniqueness of the individual case.D. they often waste time.

3. A good source for researching the elements of a cause of action or defense thereto isA. a legal practice manual.B. a state or federal jury instruction book.C. a law office procedures manual

D. all of these

4. That aspect of law that defines the rights of individuals and the duties owed one person by another isthe definition ofA. substantive law.B. procedural law.C. ethics law.

5. If A has a miscarriage and sues her doctor for malpractice for giving her x-rays before realizing shewas pregnant, and A reveals on the witness stand that she fell down the stairs at home just before themiscarriage, what element of the plaintiffs proof is in jeopardy?

A. duty


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B. breach of dutyC. proximate causeD. injury

6. A orders a large pitcher of beer, as does B. A proceeds to drink his pitcher and half of Bs. A dies ofasphyxiation (drowning). In an action by As estate against the bar that sold the beer, what

defense would be most applicable to the action?A. contributory negligenceB. comparative negligence

C. assumption of riskD. last clear chance

7. In regard to scheduling the initial interview, it is best toA. schedule about an hour and to end at a specified time so the interview will not be undulyprolonged.B. leave it open ended to provide flexibility and an unhurried environment.

8. The initial client interview is a time to be particularly cautious concerning ethics and tactics. Whichof the following is definitely permissible?

A. Having the client sign a sworn statement.

B. Taking meticulous notes of the interview.C. Tape recording the clients statement.D. Answering clients questions, How good is my case?

9. In planning any initial interview, which of the following needs should be checked?A. the need for an interpreterB. the need for playthings for a childC. preparation in special vernacular or medical terminologyD. the need to deal with special sensory impairmentsE. all of the aboveF. A and B only

10. Of the following instructions and information that should be given to the client; which, if not adheredto, may adversely affect the clients case?

A. Do not make statements about your case or injuries to others.B. Most cases do not go to trial.C. Keep a daily log of all medical developments, doctors office visits, mileage, expenses, etc.D. Refrain from signing any legal releases without consulting your attorney.E. All of theseF. A, C, and D

11. Typically, which of the following documents need to be drafted for the clients signature at the initial

interview?A. fee agreementB. medical information releaseC. sworn statement about the accidentD. all of the aboveE. A and B

12. In preparing the interview site one should have done all of the following exceptA. remove all other client files.B. have all paper, pencils, diagrams, etc. ready.C. arrange the office seating to promote free exchange between client and interviewer.

D. arrange for all calls to be put through to the interview site.


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13. Thinking of questions to ask in an interview is a matter ofA. applying common sense to the substantive law (legal elements).B. applying common sense to the procedural law.C. applying common sense without regard to the law.

14. In some states where comparative negligence is the rule of law, the plaintiff will not be able to recoverif the jury determines the plaintiff was

A. 30% negligent.B. 51% negligent .C. 10% negligent.D. even slightly negligent.

15. True or False. Elements of a cause of action can be found in jury instructions.

16. True or False. Defendants usually pay attorneys on the basis of a contingent fee agreement.

17. True or False. For the most efficient interviews, use only form questions.

18. True or False. An event can be a contributing cause of an injury without being proximate cause.

19. True or False. Duty of care is an element of negligence

20. True or False. It is best to let the client know that it is the clients responsibility to provide for anyspecial needs, such as interpreters, for the initial interview.

21. True or False. Contributory negligence is not a defense in most states.

22. True or False. Comparative negligence is not a defense in most states.

23. True or False. Assumption of risk and last clear chance are elements of negligence.

24. True or False. The best way to record a client interview is to take notes.

25. True or False. Signed docket control forms allow confidential information to be given to a lawyer.

26. True or False. You know your client is telling the truth if he or she looks you straight in the eye.

27. True or False. Procedural law includes the rules for filing a lawsuit.

28. True or False. Substantive law includes defenses to actions.

29. True or False. A paralegal may explain the terms of a fee agreement to a client.

30. True or False. A plaintiff may have to undergo an examination by a doctor hired by theopposition.

31. True or False. The interview of the client is a significant step because:


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32. True or False. It can provide valuable information essential to forming the basis of a lawsuit or adefense thereto.

33. True or False. It sets the tone for the entire relationship between the plaintiff and the defendant.

34. True or False. It sets the tone for the paralegals relationship with the client, a relationship that couldlast for years.

35. True or False. Its main purpose is to give the paralegal an opportunity to provide the client with allsorts of information.

36. One of the most significant contributions paralegals have been able to make that addresses one of themost frequent client complaints isA. providing more relaxed interviews.B. providing better legal forms.C. providing better billing procedures for clients.

D. providing increased communication with the client.

37. True or False. The statute of limitations defines the range of damages that can be requested.

38. True or False. After the initial interview, client s need not be informed of any other information untila court date is set.

39. True or False. The most frequent complaint of clients is that they have to communicate withparalegals.

40. True or False. An interview summary must be filed with the court within 20 days of the interview.

41. True or False. What do you mean by the phrase high as a grasshoppers knee? is a goodinterview questions.

42. Describe the technique of pace and lead in dealing with difficult clients. ________________________________________________________________________________________________

EVIDENCE AND INVESTIGATION

1. The probative value of evidence must outweighA. the opponents evidence.

B. its admissibility.C. prejudice it causes.D. its materiality.

2. To be authenticated, physical evidence must beA. identified as genuine.B. stipulated by the opponent.C. direct.D. circumstantial.


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3. The formal exchange of information in litigation is calledA. investigation.B. discovery.C. evidence.D. relevance

4. Judicial notice permits the introduction ofA. irrelevant evidence.B. immaterial evidence.C. physical evidence.D. evidence without authentication

5. Expert witnesses are best for presentingA. the chronology of the event.B. technical evidence.C. background on the clients character.

D. demonstrative evidence.

6. A case of tire tracks at the scene of an accident is likely to beA. physical evidence..B. circumstantial evidence.C. inadmissible evidence.D. all the aboveE. A and B

7. To be relevant, evidence mustA. be of consequence to the determination of the action.

B. be direct.C. tend to prove or refute a fact of consequence.D. A and CE. A and B

8. A chain of custody establishesA. that a piece of evidence is authentic.B. who owned an item at the time of the accident.C. which side gets to present a piece of evidence at trial.D. who takes custody of the item after trial.

9. Res gestae statements are all of the following exceptA. present sense impressions.B. statement of reputation.C. excited utteranceD. about then-existing emotional conditions.

10. Hearsay isA. firsthand observation of witness.B. firsthand observation of client.


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C. firsthand observation of person other than one testifyingD. all the above

11. The best evidence rule means thatA. the side with the strongest evidence wins.B. only the original document or item is admissible.

C. only the most important evidence may be presentedD. no circumstantial evidence is allowed

12. PresumptionA. is not admissible in court.B. is a form of hearsay.C. is assumed true unless disproved by the opponent.D. A and B

13. True or False. Civil cases must be proved beyond a reasonable doubt.

14. True or False. A stipulation is permission from the judge to introduce evidence.

15. True or False. A signature on a contract is direct evidence of agreement tot he contract.

16. True or False. Evidence is material if it is of consequence to the determination of the action.

17. True or False. Hearsay is admissible if it is a present sense impression.

18. True or False. A witnesss capacity to observe may not be questioned.

19. True or False. Newspapers are self-authenticating as evidence.

20. True or False. Judicial notice and stipulation save time.

21. Evidence that opposes your clients caseA. is irrelevant.B. is circumstantial.C. is helpful in preparing for trial.D. should be destroyed

22. When speaking to witnesses a paralegal should revealA. that he or she is a paralegal.

B. employers name.C. purpose of the conversation.D. All the above

23. A witness may be impeachedA. by a two-thirds vote of the Senate.B. if it is shown that witness did not have the capacity to observeC. if trial testimony deviates from the signed statement.D. B and C


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24. If you need to interview an evasive witness it is best toA. visit without calling first.B. call for an appointment.C. pretend you represent the other side.D. wait until close to time for trial

25. If a test is likely to damage or destroy evidenceA. it should not be performed.B. it should be recorded in photographs or videotape.C. the opponent should be given the opportunity to have representatives presentD. B and C

26. As evidence, photographs may be all of the following exceptA. demonstrative evidence.B. thrown away if they support the opponents case.C. prejudicial.

D. inaccurate.

27. Information gathered in informal investigation can be kept organized and under control with the help ofA. an investigation plan.B. witness information cover sheets.C. an accident scene checklist.D. all the above

28. True or False. It is helpful to investigate an accident scene on the same time of the week and day as theaccident occurred.

29. True or False. The opposing attorneys work product is evidence that can be obtained only through formalinvestigation.

30. True or False. Sherlock Holmes tools such as magnifying glass and stop watch are silly and no help to aserious investigator.

31. True or False. Since it may make witnesses more cooperative, you should tell them the details of yourclients case.

32. True or False. Under some circumstances, witnesses may be paid.

33. True or False. A third party at a witness interview can verify that the witness statement is true.

34. True or False. Once drafted, the witness statement cannot be changed.

35. True or False. A computer can be helpful in investigation.

36. True or False. Investigation raises few ethical concerns since it does not usually bring paralegals intocontact with the public.


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37. True or False. There is no point in taking the statement of a witness who says she didnt see anything.

38. True or False. Photographs may be difficult to authenticate.

39. True or False. It is best to be the first investigator at the scene because you can take evidence so youropponent does not find it.

40. True or False. A witness statement should be signed in the presence of a third party if possible.

MIDTERM EXAM: (one-half way into course) Date of Midterm: / /

POST-MIDTERM OBJECTIVES: The instructor will assess student understanding using provided question list and/or other activities. The instructor will relate student assessment questions to being an employed paralegal. The instructor will correlate apprenticeship list of items to be performed with the student assessment

questions. The student will be introduced to civil litigation, court organization, and motion practices.

TOPICS AND KEY POINTS TO BE COVERED BEFORE FINAL EXAMINATION:

I. DRAFTING THE COMPLAINT Chapter 4, pages 137-175IntroductionThe Complaint in DetailExhibits and AppendixesSystem Checklist for Drafting a ComplaintSample ComplaintsInjunctions

Summary

II. FILING THE LAWSUIT, SERVICE OF PROCESS, AND OBTAINING A DEFAULT JUDGMENTChapter 5, pages 176-205

IntroductionPreparing Documents for Filing an Action and for Service of ProcessFiling the LawsuitService of ProcessReference Guide and Checklist for Methods of ServiceObtaining A Default JudgmentSummary

III. DEFENDING AND TESTING THE LAWSUIT: MOTION, ANSWERS, AND OTHER RESPONSIVEPLEADINGS Chapter 6, pages 206-258

IntroductionMotions in GeneralMotion to DismissRemoval of State Action to Federal CourtComputation of TimeDrafting the Answer, Counterclaim, and Cross-Claim


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Third-Party Practice (Impleader)Amending and Supplementing the PleadingsMotion for Judgment on the PleadingsMotion for Summary JudgmentKeeping a Pleading RecordPleadings, Motion, and Time Limits

QUESTION LIST: Review these questions with students at the beginning of class and create your

own assignments for assessing student understanding of course material.

DRAFTING THE COMPLAINT

1. A person shall not be deprived of life, liberty, or property withoutA. capacity.B. verification.C. due process of law.D. litigation.

2. Pleadings areA. formal documents that set out claims and defenses.B. statements of guilt or innocence.C. informal exchanges between parties.D. discovery devices.

3. A complaint does all exceptA. introduces the cause of action.B. presents defenses.C. invokes the courts jurisdiction.

D. informs the defendant of the action

4. In drafting a caption, be sure to include theA. main points of substantive law.B. main points of procedural law.C. addresses of the parties.D. name of the court.

5. Federal Rules of Civil Procedure cover pleadings contents inA. Rule 10.B. Rule 14.

C. Rule 8.D. Rule 25.

6. A real party in interest isA. the injured person.B. a key witness.C. the person who caused the injury.D. A and BE. A and C


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7. Who has standing to sue?A. a retailer who will lose business next year because of an unfulfilled advertising contract.B. the adult daughter of a man who suffered food poisoning at a restaurant.C. a blind man whose guide dog was killed by a reckless driver.D. A and C

E. all the above

8. Joinder of parties isA. bringing parties together for settlement.B. inclusion of all persons involved in one side of a lawsuitC. always a class action.D. necessary when corporations are parties.

9. The interpleader rule allowsA. persons without capacity to sue.B. joinder of parties in counterclaims.

C. one person to sue as representative of a class.D. deceased persons to sue.

10. When a persons interest in a suit is not represented by existing parties, that person can become a partythrough

A. a guardian ad litem.B. a petition to include.C. a motion to intervene.D. a cross-claim.

11. Jurisdictional allegations

A. are not necessary in federal court.B. are always necessary in state court.C. should be left for the defendant to allege.D. should be stated in the first paragraphs of the complaint.

12. Statement of parties domiciles is necessary in allegingA. jurisdiction.B. capacity.C. procedural law.D. in rem rules.

13. A syllogism is a logical formula based on all exceptA. an allegationB. a conclusion.C. a major premise.D. a minor premise.

14. The basis for a cause of action isA. the amount of damages.B. the rule of law.


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C. the complaint.D. all the above

15. A complaint shouldA. state all the available factsB. anticipate defenses.

C. state the law if the action is pursuant to specific provisions of a particular statute.D. all the above

16. Notice pleadingA. is used in some states.B. is used in federal cases.C. clarifies pleading requirements.D. all the above

17. Exemplary damagesA. compensate for emotional trauma.

B. seek recovery of property.C. punish particularly reckless conduct.D. force performance of a contract.

18. Types of contracts recognized by law include all except a(n)A. written contract.B. consideration contract.C. oral contract.D. implied contract.

19. Rescission includes an action seeking

A. to cancel a contract made under duressB. performance of a contract as it was writtenC. a change in terms of a contractD. special damages

20. True or False. A poorly drafted complaint can cause dismissal of the suit.

21. True or False. Due process of law is a constitutional right.

22. True or False. The caption of a complaint states the cause of action.

23. True or False. An injured child has capacity to sue.

24. True or False. Corporations are considered persons under the law.

25. True or False. The abbreviation et al. may not be used in the complaint caption.

26. True or False. Venue must be alleged in federal complaints.

27. True or False. The cause of action is stated in the body of the complaint.


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28. True or False. Requirements for drafting the cause of action vary from jurisdiction to jurisdiction.

29. True or False. It is not proper to use persuasive language in a formal pleading.

30. True or False. Fact pleading is the simplest form of pleadings.

31. True or False. Notice pleading does not require attention to the elements of law.

32. True or False. Special damages are not a direct consequence of a defendants wrong.

33. True or False. The wherefore clause contains the rule of law.

34. True or False. If one party repudiates a contact before the time of performance, the injured partymay sue for anticipatory breach of contract.

35. True or False. Relief in a wrongful death action may include parental damages.

36. True or False. If you sued your neighbor to keep his irrigation water from washing across yourfields, you probably would seek a mandatory injunction.

37. True or False. Injunctions are remedies to prevent future harm.

38. True or False. Demand for a jury trial is assumed unless otherwise stated in the complaint.

39. True or False. Legal writing usually requires language that is difficult for an ordinary person tounderstand.

40. True or False. Some states limit the liability of deep pocket defendants according to theirpercentage of the degree of fault.

41. Exhibits attached to complaints can includeA. a temporary restraining order.B. explanatory material.C. contracts.D. a demand for relief.

42. The difference between a preliminary injunction and a temporary restraining order are set out in

A. Rule 10B. Rule 25C. Rule 65D. Rule 27

43. True or False. An appendix is a required part of the complaint.

44. True or False. Exhibits are filed separate from the complaint.


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45. True or False. Excluding a temporary restraining order or preliminary injunction causes no harm tothe plaintiff.

FILING THE LAWSUIT, SERVICE OF PROCESS, AND OBTAINING A DEFAULT JUDGMENT

1. Filing the complaint

A. is the process described as the beginning of an investigation of a lawsuit.B. marks the official beginning of the case in the federal system.C. is always the official beginning of a case.D. is never the beginning of a case.

2. What purpose does serving a summons achieve?A. It is usually necessary for the court to gain personal jurisdiction over the defendant.B. It officially starts the action in federal court.C. It provides the defendant with notice of the lawsuit so a defense can be prepared.D. None of theseE. A and C

3. Who should be contacted to determine what documents are necessary to file a lawsuit?A. the bailiffB. the clerk of the specified courtC. the county clerkD. the court administrator

4. Except when the federal waiver of service is used, what two documents, as a minimum, must generallybe served on the defendant at the start of a civil lawsuit?A. summons and warrant for arrestB. affidavit of service and acknowledgment

C. summons and complaintD. complaint and proof of service

5. In preparing for the filing of an action, it is a good idea for a paralegal to see that the followingdocuments are signed by the attorney.A. the complaintB. the federal civil cover sheet.C. the summons.D. all the aboveE. A and B

6. What is required for a summons to be issued?A. the attorneys signatureB. the judges signatureC. the clerk of courts signatureD. the defendants signature

7. The preferred method of service in federal procedure isA. the process prescribed by Rule 3.B. the use of the notice of lawsuit and request for waiver of service of summons.


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C. the personal delivery of the summons and complaint on defendant.D. A and BE. A and C

8. At the time of filing an action, paralegals should knowA. the type of service to be used and who needs to be served.

B. all addresses for the defendant.C. all the newspapers needed for publication.D. none of these

9. Which of the following is not a method that can be used to serve process on a n individual under theFederal Rules of Civil Procedure?A. personal deliveryB. delivery to any person at defendants houseC. delivery by first class mailD. publication under prescribed circumstances

10. The Federal Rules of Civil Procedure give the court the power to dismiss a lawsuit if service has notbeen achieved within how many days of filing the complaint?A. 120B. 60C. 20D. 90

11. True or False. The summons is the document that states the time in which the plaintiff must appearand defend.

12. True or False. Fax machines and other e-mail are making it easier to file lawsuits.

13. True or False. A civil cover sheet is required in filing lawsuits in some states by not in federal cases.

14. True or False. Service of process establishes personal venue.

15. True or False. Ask the clerk of court what documents are needed for filing a lawsuit in a state court.

16. True or False. A defendant who returns waiver of service waives defenses and objections to thecomplaint.

17. True or False. Service of process should be accomplished by mail only if personal service fails.

18. Under the Federal Rules of Civil Procedure when serving a corporation, proper service is made on anyof the following exceptA. an employee.B. an officer.C. a general agent.D. an agent authorized by appointment or bylaws.

19. Generally speaking, in order for a long-arm statute to extend to an individual or a corporation, the


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individual or corporation must haveA. state long-arm certification.B. its primary place of business in the state.C. the necessary minimum contacts with the federal court.D. the necessary minimum contacts with thestate.

20. Which of the following is not immune from service of process?A. a resident of the county in which the court has jurisdictionB. a defendant brought into the state by forceC. a witness attending a trialD. a defendant fraudulently served process

21. Default may be entered whenA. the defendant fails to enter an appearance or otherwise file a responsive pleading in the prescribedtime period.B. the plaintiff fails to enter an appearance ro otherwise file a responsive pleading in the prescribedtime period..

C. the defendant files a responsive pleading but fails to enter an appearance in the prescribed timeperiod.D. defendant is a minor and has no legal representation.

22. If a default judgment is not set aside, theA. defendant wins.B. defendant may then file an answer.C. plaintiff loses.D. plaintiff is limited tot he amount of damages requested.

23. A request for entry of default judgment is often accompanied by an affidavit to show

A. amount due.B. incapacity of defendant.C. nonmilitary service.D. A and C

24. If the award requested in an action is a sum certain and the defendant is neither a minor or incompetent,judgment shall be entered by theA. clerk.B. judge.

25. If a hearing is to be held on an application for entry of a default judgment, notice of the hearing must be

given to the adverse party how many days before the hearing?A. 5B. 3C. 10D. 1

26. True or False. Typical long-arm statutes require service of process through the secretary of state.

27. True or False. U. S. Senators are immune from service of process.


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28. True or False. In rem actions attach property to pay a judgment in an unrelated case.

29. True or False. The Federal Collections Act is important in quasi-in rem cases.

30. True or False. Entry of a default judgment ends the case in favor of the plaintiff.

31. True or False. The judge enters a default judgment for a sum certain.

32. True or False. A sum certain is a flat fee paid to an attorney.

33. True or False. Out-of-state defendants can be served through long-arm laws if they have sufficientcontacts with the plaintiff.

34. True or False. The Freedom of Information Act can help you obtain a defendants forwardingaddress from the Post Office.

35. True or False. A default judgment hearing requires evidence to prove a cause of action.

36. True or False. A default judgment against one defendant may preclude proceeding against otherdefendants.

DEFENDING AND TESTING THE LAWSUIT: MOTION, ANSWERS, AND OTHER RESPONSIVEPLEADINGS

1. The purposes of a motion include all of the following exceptA. to state the claim against defendant.B. to acquire the specific relief requested.

C. to narrow the issues for trial.D. to establish a record for appeal.

2. The following Federal Rule of Civil Procedure sets out the basic requirements for a motion:A. 4B. 12(e)C. 7 (b)D. 59

3. In responding to the complaint, the defendant may choose to do any of the following exceptA. default.

B. file a motion to dismiss the action.C. file a motion to strike.D. file a motion for a new trial.

4. A motion may require all of the following documents exceptA. the motion itself.B. the notice of motion.C. a summons.D. a memorandum of law.


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5. How many copies of a motion and accompanying documents should be served on the opponent?A. 2B. 3C. 1D. None

6. Federal Rule 6(d) requires that the motion be served on the adverse party how many days prior to thehearing on the motion?

A. 10B. 3C. 1D. 5

7. Of the following, which is not an expected result of a motion to dismiss the complaint?A. dismissal of the complaintB. dismissal of the action

C. default judgmentD. amendment of the complaint

8. In analyzing a complaint for a motion to dismiss for failure to state a claim on which relief can begranted, what is a good target for attack?A. the captionB. the minor premise of the syllogismC. the major premise of the syllogismD. both B and CE. none of these

9. It is always best to check with your supervising attorney before drafting a motion to dismiss thecomplaint becauseA. some jurisdictions do not allow paralegals to write rough draft motions.B. the motion may alert the plaintiff to a weakness better exploited at a later stage.C. drafting such a motion is exclusively attorney work.D. a demurrer is usually the preferable approach, especially in federal court.

10. Lack of jurisdiction, improper venue, and insufficient service of process are all cause forA. motions for default.B. motions to dismiss.C. motions for failure to state a claim.

D. petition for removal.

11. Which of the following is not true regarding removal of action to federal court?A. Available when federal and state court have concurrent jurisdictionB. Available to defendant onlyC. Accomplished by filing notice of removal in federal courtD. Accomplished by filing notice of removal in state court

12. A special demurrer is similar to a


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A. motion to make more definite and certain.B. motion to strike.C. motion for summary judgment.D. default.

13. True or False. A joint application is a ruling imposed by the judge.

14. True or False. A motion must be accompanied by a notice of motion.

15. True or False. If a complaint is dismissed, the defendant may collect damages.

16. True or False. An order is a request by the plaintiff for relief.

17. True or False. A notice of motion notifies the opponent of the hearing time.

18. True or False. Legal authority is presented in a memorandum of motion.

19. True or False. Prejudicial language is subject to a motion to strike.

20. True or False. A complaint can be dismissed for defective service.

21. True or False. Filing a motion to dismiss is an acceptable way to gain time, even if that is the onlypurpose for filing the motion.

22. True or False. U.S. agencies may not remove a case to federal court.

23. True or False. A bill of particulars is part of the list of damages.

24. True or False. Removal of a case to federal court may allow for more complete discovery.

25. What federal rule of civil procedure governs when an answer to a complaint shall be served?A. 7(c)B. 12(a)C. 15D. 54(c)

26. An answer may contain each of the following components exceptA. denials.B. defenses.

C. third-party complaints.D. cross-claims.

27. A motion for summary judgment may be filedA. after ten days beyond the commencement of the action.B. after five days beyond the commencement of the action.C. after twenty days after the pleadings are closed.D. after twenty days beyond the commencement of the action.


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28. A fact that defeats a plaintiffs claim, even though all allegations are true isA. an argumentative defense.B. a persuasive defense.C. an affirmative defense.D. a quasi-defense.

29. Permissive counterclaims mayA. include unrelated claims.B. join other parties.C. be the basis for a separate lawsuit.D. all the above.

30. A complaint brought by a defendant against a previously unnamed party isA. a counteraction.B. a cross-claim.C. a third-party answer.D. a third-party complaint.

31. True or False. Pleadings, once filed, cannot by changed.

32. True or False. Unless they are denied, allegations in the complaint are deemed admitted.

33. True or False. The answer may contain counterclaims or cross-claims, but not both.

34. True or False. Compulsory counterclaims may not be the basis for a separate lawsuit.

35. True or False. A motion for summary judgment must be filed at least ten days before the hearing onthe motion.

36. True or False. A file pleading log is an important responsibility for a paralegal.

FINAL EXAMINATION (last day/last hours of the class) Date: ___/____/_____


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