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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 of the rules and underlying principles that govern civil procedure and application of the rules to actual lawsuits. Course Objective: To provide the student with a basic understanding of the rules and underlying principles 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 Program Program Skills the Teacher Needs to Teach Course Syllabus Course Description and Objectives Course Outlines Curriculum Description The paralegal profession has had the highest growth rate of any profession in the United States through the 1990's. There has been a large influx of students into paralegal studies resulting in a very competitive local market in which applicants with the most convincing and 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 be consistent with his or her present employment; a student with an acceptable accomplished educational history may want to learn additional marketable skills; a college graduate without 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 d litigation management. Specific Objectives of the Paralegal Programs To assure all students and prospective students from initial contact until graduation, a relationship with the schools personnel which will meet the highest ethical standards. To offer paralegal educational programs designed to prepare graduates for their

chosen career. To develop, to the extent of economic viability, new methods and programs to meet the needs of a changing job market. To assist the individual in making a smooth transition from "student" to "employee" by providing 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 188,000 jobs in 2000. Private law firms employ the vast majority, followed by corporations and various levels of government agencies. The paralegal curriculum is designed to meet the needs of this segment of the employing population by providing the student with an overall training in the legal field. The curriculum is divided into several courses of study, covering the following areas 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 career development; litigation; criminal law, etc. Several Clinic are offered to emphasis many important section 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 in this course. An instructor may also produce a syllabus of his or her own outlining assignments and procedures to be followed in the class. Please give the students the following information so they may contact you. Occasionally, instructors unavoidably arrive late or cancel classes due to circumstances arising from their professional practices. Should there be a reasonable expectation that a class will run overtime due to an instructors late arrival, any student who must leave at the originally scheduled ending time should 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.

The purpose of all classes is to prepare students for the job market. The teacher will attempt to relate the contents of this course to actual job situations. Seminars are designed to provide basic information and ideas in a specific area of the law for those who are working in a law office and those who plan to work 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 required hours are met in each course; this is done so that the school can hire working professionals. One and a half semester credit hours are granted for satisfactory completion of this class and a grade will be posted on the students transcript. This class counts toward satisfaction of the requirements for graduation 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 which requires "regular and punctual class attendance." Students are expected to attend every meeting of every class. The student has the responsibility of attending all scheduled classes. The teacher records student attendance during each class session. A student is recorded as absent for being more than a specified number of minutes late for a class and/or for leaving class before being dismissed by the teacher. See BRCs website for specified time. Instructors will take attendance at the beginning and/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 obtaining instruction and information missed during absences. All teachers certify attendance records and are responsible for correct and accurate reporting of attendance and class hours. Class time missed must be made up. The college administration relies on attendance records submitted by the teachers, and hold the teachers responsible for incorrect attendance 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 the students 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 semester 3 absences the student is dismissed for the semester and not allowed to receive credit for the courses enrolled. --------------------------------------------------------------------------------------------------------6 Semester Credit Hours 4 Absences allowed per semester 5 absences the student is dismissed for the semester and not allowed to receive credit for the courses enrolled. ---------------------------------------------------------------------------------------------------------

9 Semester Credit Hours 6 Absences allowed per semester 7 absences the student is dismissed for the semester and not allowed to receive credit for the courses enrolled. ---------------------------------------------------------------------------------------------------------12 Semester Credit Hours 8 Absences allowed per semester 9 absences the student is dismissed for the semester and not allowed to receive credit for the courses enrolled. 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 also record the absence on the daily internship time sheet. Absences should occur only in extreme emergencies. The student must make up any regularly scheduled time missed. Occasionally, teachers unavoidably arrive late or cancel classes due to circumstances arising from their professional practices. Should there be a reasonable expectation that a class will run overtime due to a teachers late arrival, any student who must leave at the originally scheduled ending time should speak to the teacher before class or during the break. Any and all students leaving before the originally scheduled ending time will be marked absent by the teacher. If the teacher is 30 or more minutes 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 to questions, 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 of the instructor. GRADES: Grading Scale: 90 - 100 = A 89 - 80 = B 79 - 70 = C 69 - 60 = D 59 - 60 = F Final Grade Computation Example: The following is an example of final grade computation. The instructor may, at his or her discretion, adjust the percentages. Example: 40% = Final Exam 10% = Attitude & Attendance 35% = Midterm Exam 15% = Homework/Workbook Satisfactory Progress Policy:

The Satisfactory Progress Policy applies to all students whether they are enrolled on a full-time, halftime or self-paced basis and applies to all programs of study. Students are considered making Satisfactory Progress in the program of study as long as they are eligible to continue in attendance in accordance with the following provisions. Each student's Satisfactory Progress is measured at the end of 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 the student 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 that course. The "W" will remain on the students permanent record. Should a student withdraw from a course 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 Team Supervisor 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 the course. Repeating a Course: A student may elect to repeat a course at his own expense to improve a grade, which will be averaged into the student's cumulative grade point average (GPA). The first grade will not be averaged into the GPA; however, no grades will be deleted from the student's transcript. The second grade will be shown 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 another course in the rotation of courses offered to be eligible for graduation in the chosen curriculum. The repeat or new course will be averaged in the student's cumulative GPA; however, the "F" will not be deleted from the transcript. A minimum grade of "D" or better is required to pass all courses in all programs; however, a student may repeat a course until it is satisfactorily completed. A student may substitute a course upon approval, in writing, by the Administration. The students graduation date will 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 and all classes missed must be made up during the current block of classes. If the student has any doubts as to whether or not class will be held, the teacher should be contacted, not the college! If a teacher does contact the college with notice of such a postponement, an e-mail will immediately be sent out to 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 student misses a quiz or test due to unavoidable circumstances, such as his/her own illness or serious illness or 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

documentation of the circumstances an d reserves the right to investigate the truth of the claim or deny the student the right to take a make-up. Make-up work is totally at the discretion of the instructor. 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 or test, 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 paper that "I have neither given nor received aid during this test (quiz, examination) and by signing the statement. Location of Class: Most classes are conducted at the main campus or auxiliary lecture sites. However, teachers are encouraged to take students to law offices, courtrooms, large law libraries, and other community locations where paralegals may learn how the legal community functions. Students are responsible for 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 case the 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 the website, www.brc.edu. It is the students responsibility to check this e-mail address daily for all notices 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.) guest speakers, and group projects. Class participation is required. Teacher Evaluation:

Teacher/Staff evaluations are completed by each student. These evaluations are used to help the teacher 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 discouraged from bringing any food and drink items into the classroom even though these items remain in sealed packaging. 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, BRCs policy 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 additional time 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 the NALA Code of Ethics and Professional Responsibility and the NFPA Affirmation of Responsibility. Standard: At least 80% of students will receive a grade of C or better on each of 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 the ABA Model Guidelines for the Utilization of Legal Assistant Services and the LA Bar Associations Rules of Professional Conduct. Standard: At least 80% of students will receive a grade of C or better on each of the assignments. 3. To learn how ethics concerns the paralegal profession and identify special concerns of the paralegal.

Measure: Students will participate in discussions and complete writing assignments dealing specifically with the unauthorized practice of law, confidentiality, conflicts of interest, misrepresentation, and reporting unethical behavior. Standard: At least 80% of students will receive a grade of C or better on each of the assignments.

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 Introduction Office Manual The Paralegal Handbook: Office Orientation THE INITIAL INTERVIEW The Interview Plan The Interview Summarizing the Interview Keeping the Client Informed Summary Chapter, pages 2- 41

II.

Chapter 2, pages 42-78

III. EVIDENCE AND INVESTIGATION Introduction The Relationship of Evidence Law to Investigation Planning the Investigation Ethical and Related Considerations Gathering the Evidence Preserving Evidence Reviewing the Informal Investigation Summary

Chapter , pages80-136

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 associate B. associate C. senior partner D. of counsel E. A and D A lawyer who works for a firm, but is not yet a partner in the firm is referred to as _____. A. an associate B. a paralegal

2.

C. a law clerk D. legal aide 3. Of the following, which are personal injury cases? A. negligence cases B. civil rights cases C. products liability cases D. A and C E. A and B

4. A paralegal is valuable to a law firm because A. a paralegal will make a good partner . B. a paralegals 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 B D. Neither A nor B 6. Under task-based billing, clients are charged A. 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 assignments efficiently? 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 except A. give legal advice. B. represent a client in U.S. District Court. C. accept cases. D. accept year end bonuses E. solicit cases for an attorney. 10. All of the following are necessary for a paralegal to avoid the unauthorized practice of law except A. 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.

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 stock D. Paralegal assists on case against good friend. E. All of these F. C and D 12. A clients confidentiality would be protected in each of the following settings except A. a conversation in the office reception area between the paralegal and the client, with the clients mother-in-law present. B. a conversation in the paralegals office between the paralegal and the client with no one else present. C. a conversation in the paralegals office between the paralegal and the client with the supervising attorney present. D. a conversation in the clients home between the client and the paralegal with no one else present. 13. True or False. Generally speaking, paralegals may not have business cards with the name of the firm on them. Sexual harassment is likely to lead to a contract suit. Pro-bono cases deal with corporation law. A tickler system is a calendaring process. When speaking to a witness on the phone, it is best not to identify your firm. One of the most common problems in using the telephone is failing to record phone numbers and addresses accurately. Use your clients first names to help them feel comfortable. Paralegals may represent clients at federal administrative hearings. 21. Poor research is the most frequent reason for malpractice suits. Professional development requires that you join the ABA. Ethical standards are set in each jurisdiction by the local judge. There would be a conflict of interest if you assisted in representing a client in a suit against your cousin. Only attorneys need concern themselves with professional ethics. Paralegals must be licensed in 13 states.

14. True or False. 15. True or False. 16. True or False. 17. True or False. 18. True or False.

19. True or False. 20. True or False.

22. True or False. 23. True or False. 24. True or False.

25. True or False. 26. True or False.

27. Define double billing . ________________________________________________________ _______________________________________________________________________________

28. Define the term civil litigation. __________________________________________________ ________________________________________________________________________________ 29. Which is not true of an intermediate appellate court? A. Exists in all state systems B. Retries a case on appeal C. Considers questions of law only 30. Most court cases are disposed of by A. fhe trial court. B. the intermediate appellate court. C. the highest appellate court. D. B and C 31. A court of general jurisdiction A. 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 answer A. 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 jurisdiction B. diversity jurisdiction C. appellate jurisdiction D. federal question jurisdiction E. A and B F. B and D 34. All of the following are true of the U.S. Supreme Court except A. 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 of certiorari. 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 investigation C. motion for summary judgment D. file a complaint E. file an answer F. discovery G. trial H. appeal 36. True or False. The jurisdictional amount in federal diversity cases is the value of all claims made by one plaintiff against one defendant. Venue is determined in the same way as jurisdiction.

38. True or False.

39. True or False.

The Supreme Court has original jurisdiction over controversies between two states. A court has personal jurisdiction over everyone in its district. The jurisdictional amount for federal diversity cases is $25,000. The United States Tax Court is a legislative court. Federal question cases go directly to the Supreme Court. Domicile is established for the purposes of appeal. Trial courts decide questions of law and questions of fact.

40. True or False. 41. True or False. 42. True or False. 43. True or False. 44. True or False. 45. True or False.

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 INTERVIEW 1. An interview form (questionnaire) is useful because A. it will save time for the interviewer by avoiding the need to reinvent the wheel for similar interviews. 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 above E. A and C only 2. A paralegal should not rely entirely on model interview forms because A. 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 is A. 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 is the definition of A. 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 she was pregnant, and A reveals on the witness stand that she fell down the stairs at home just before the miscarriage, what element of the plaintiffs proof is in jeopardy? A. duty

B. breach of duty C. proximate cause D. injury 6. A orders a large pitcher of beer, as does B. A proceeds to drink his pitcher and half of Bs. A dies of asphyxiation (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 negligence B. comparative negligence C. assumption of risk D. last clear chance 7. In regard to scheduling the initial interview, it is best to A. schedule about an hour and to end at a specified time so the interview will not be unduly prolonged. 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. Which of 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 interpreter B. the need for playthings for a child C. preparation in special vernacular or medical terminology D. the need to deal with special sensory impairments E. all of the above F. A and B only 10. Of the following instructions and information that should be given to the client; which, if not adhered to, 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 these F. 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 agreement B. medical information release C. sworn statement about the accident D. all of the above E. A and B 12. In preparing the interview site one should have done all of the following except A. 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.

13. Thinking of questions to ask in an interview is a matter of A. 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 recover if the jury determines the plaintiff was A. 30% negligent. B. 51% negligent . C. 10% negligent. D. even slightly negligent. 15. True or False. 16. True or False. 17. True or False. 18. True or False. 19. True or False. 20. True or False. Elements of a cause of action can be found in jury instructions. Defendants usually pay attorneys on the basis of a contingent fee agreement. For the most efficient interviews, use only form questions. An event can be a contributing cause of an injury without being proximate cause. Duty of care is an element of negligence It is best to let the client know that it is the clients responsibility to provide for any special needs, such as interpreters, for the initial interview. Contributory negligence is not a defense in most states. Comparative negligence is not a defense in most states. Assumption of risk and last clear chance are elements of negligence. The best way to record a client interview is to take notes. Signed docket control forms allow confidential information to be given to a lawyer. You know your client is telling the truth if he or she looks you straight in the eye. Procedural law includes the rules for filing a lawsuit. Substantive law includes defenses to actions. A paralegal may explain the terms of a fee agreement to a client.

21. True or False. 22. True or False. 23. True or False. 24. True or False. 25. True or False. 26. True or False. 27. True or False. 28. True or False. 29. True or False. 30.

True or False. A plaintiff may have to undergo an examination by a doctor hired by the opposition. The interview of the client is a significant step because: 14

31. True or False.

32. True or False.

It can provide valuable information essential to forming the basis of a lawsuit or a defense thereto. It sets the tone for the entire relationship between the plaintiff and the defendant. It sets the tone for the paralegals relationship with the client, a relationship that could last for years. Its main purpose is to give the paralegal an opportunity to provide the client with all sorts of information.

33. True or False. 34. True or False.

35. True or False.

36. One of the most significant contributions paralegals have been able to make that addresses one of the most frequent client complaints is A. 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. 38. True or False. The statute of limitations defines the range of damages that can be requested. After the initial interview, client s need not be informed of any other information until a court date is set. The most frequent complaint of clients is that they have to communicate with paralegals. An interview summary must be filed with the court within 20 days of the interview. What do you mean by the phrase high as a grasshoppers knee? is a good interview questions.

39. True or False.

40. True or False. 41. True or False.

42. Describe the technique of pace and lead in dealing with difficult clients. ______________ __________________________________________________________________________________ EVIDENCE AND INVESTIGATION 1. The probative value of evidence must outweigh A. the opponents evidence. B. its admissibility. C. prejudice it causes. D. its materiality. 2. To be authenticated, physical evidence must be A. identified as genuine. B. stipulated by the opponent. C. direct. D. circumstantial. 15

3. The formal exchange of information in litigation is called A. investigation. B. discovery. C. evidence. D. relevance 4. Judicial notice permits the introduction of A. irrelevant evidence. B. immaterial evidence. C. physical evidence. D. evidence without authentication 5. Expert witnesses are best for presenting A. 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 be A. physical evidence.. B. circumstantial evidence. C. inadmissible evidence. D. all the above E. A and B 7. To be relevant, evidence must A. 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 C E. A and B 8. A chain of custody establishes A. 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 except A. present sense impressions. B. statement of reputation. C. excited utterance D. about then-existing emotional conditions. 10. Hearsay is A. firsthand observation of witness. B. firsthand observation of client. 16

C. firsthand observation of person other than one testifying D. all the above 11. The best evidence rule means that A. the side with the strongest evidence wins. B. only the original document or item is admissible. C. only the most important evidence may be presented D. no circumstantial evidence is allowed 12. Presumption A. 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. 14. True or False. 15. True or False. 16. True or False. 17. True or False. 18. True or False. 19. True or False. 20. True or False. Civil cases must be proved beyond a reasonable doubt. A stipulation is permission from the judge to introduce evidence. A signature on a contract is direct evidence of agreement tot he contract. Evidence is material if it is of consequence to the determination of the action. Hearsay is admissible if it is a present sense impression. A witnesss capacity to observe may not be questioned. Newspapers are self-authenticating as evidence. Judicial notice and stipulation save time.

21. Evidence that opposes your clients case A. is irrelevant. B. is circumstantial. C. is helpful in preparing for trial. D. should be destroyed 22. When speaking to witnesses a paralegal should reveal A. that he or she is a paralegal. B. employers name. C. purpose of the conversation. D. All the above 23. A witness may be impeached A. by a two-thirds vote of the Senate. B. if it is shown that witness did not have the capacity to observe C. if trial testimony deviates from the signed statement. D. B and C 17

24. If you need to interview an evasive witness it is best to A. 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 evidence A. 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 present D. B and C 26. As evidence, photographs may be all of the following except A. 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 of A. 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 the accident occurred. 29. True or False. The opposing attorneys work product is evidence that can be obtained only through formal investigation. 30. True or False. Sherlock Holmes tools such as magnifying glass and stop watch are silly and no help to a serious investigator. 31. True or False. Since it may make witnesses more cooperative, you should tell them the details of your clients case. 32. True or False. 33. True or False. 34. True or False. 35. True or False. Under some circumstances, witnesses may be paid. A third party at a witness interview can verify that the witness statement is true. Once drafted, the witness statement cannot be changed. A computer can be helpful in investigation.

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

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37. True or False. 38. True or False. 39. True or False.

There is no point in taking the statement of a witness who says she didnt see anything. Photographs may be difficult to authenticate. It is best to be the first investigator at the scene because you can take evidence so your opponent does not find it. A witness statement should be signed in the presence of a third party if possible. Date of Midterm: / /

40. True or False.

MIDTERM EXAM: (one-half way into course)

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 Introduction The Complaint in Detail Exhibits and Appendixes System Checklist for Drafting a Complaint Sample Complaints Injunctions Summary Chapter 4, pages 137-175

II. FILING THE LAWSUIT, SERVICE OF PROCESS, AND OBTAINING A DEFAULT JUDGMENT Chapter 5, pages 176-205 Introduction Preparing Documents for Filing an Action and for Service of Process Filing the Lawsuit Service of Process Reference Guide and Checklist for Methods of Service Obtaining A Default Judgment Summary III. DEFENDING AND TESTING THE LAWSUIT: MOTION, ANSWERS, AND OTHER RESPONSIVE PLEADINGS Chapter 6, pages 206-258 Introduction Motions in General Motion to Dismiss Removal of State Action to Federal Court Computation of Time Drafting the Answer, Counterclaim, and Cross-Claim 19

Third-Party Practice (Impleader) Amending and Supplementing the Pleadings Motion for Judgment on the Pleadings Motion for Summary Judgment Keeping a Pleading Record Pleadings, 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 without A. capacity. B. verification. C. due process of law. D. litigation. 2. Pleadings are A. 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 except A. 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 the A. 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 in A. Rule 10. B. Rule 14. C. Rule 8. D. Rule 25. 6. A real party in interest is A. the injured person. B. a key witness. C. the person who caused the injury. D. A and B E. A and C 20

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 is A. bringing parties together for settlement. B. inclusion of all persons involved in one side of a lawsuit C. always a class action. D. necessary when corporations are parties. 9. The interpleader rule allows A. 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 party through 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 alleging A. jurisdiction. B. capacity. C. procedural law. D. in rem rules. 13. A syllogism is a logical formula based on all except A. an allegation B. a conclusion. C. a major premise. D. a minor premise. 14. The basis for a cause of action is A. the amount of damages. B. the rule of law. 21

C. the complaint. D. all the above 15. A complaint should A. state all the available facts B. anticipate defenses. C. state the law if the action is pursuant to specific provisions of a particular statute. D. all the above 16. Notice pleading A. is used in some states. B. is used in federal cases. C. clarifies pleading requirements. D. all the above 17. Exemplary damages A. 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 duress B. performance of a contract as it was written C. a change in terms of a contract D. special damages 20. True or False. 21. True or False. 22. True or False. 23. True or False. 24. True or False. 25. True or False. 26. True or False. 27. True or False. A poorly drafted complaint can cause dismissal of the suit. Due process of law is a constitutional right. The caption of a complaint states the cause of action. An injured child has capacity to sue. Corporations are considered persons under the law. The abbreviation et al. may not be used in the complaint caption. Venue must be alleged in federal complaints. The cause of action is stated in the body of the complaint. 22

28. True or False. 29. True or False. 30. True or False. 31. True or False. 32. True or False. 33. True or False. 34. True or False.

Requirements for drafting the cause of action vary from jurisdiction to jurisdiction. It is not proper to use persuasive language in a formal pleading. Fact pleading is the simplest form of pleadings. Notice pleading does not require attention to the elements of law. Special damages are not a direct consequence of a defendants wrong. The wherefore clause contains the rule of law. If one party repudiates a contact before the time of performance, the injured party may sue for anticipatory breach of contract. Relief in a wrongful death action may include parental damages.

35. True or False.

36. True or False.

If you sued your neighbor to keep his irrigation water from washing across your fields, you probably would seek a mandatory injunction. Injunctions are remedies to prevent future harm. Demand for a jury trial is assumed unless otherwise stated in the complaint. Legal writing usually requires language that is difficult for an ordinary person to understand. Some states limit the liability of deep pocket defendants according to their percentage of the degree of fault.

37. True or False. 38. True or False. 39. True or False.

40. True or False.

41. Exhibits attached to complaints can include A. 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 10 B. Rule 25 C. Rule 65 D. Rule 27 43. True or False. 44. True or False. An appendix is a required part of the complaint. 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 to the 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 these E. A and C 3. Who should be contacted to determine what documents are necessary to file a lawsuit? A. the bailiff B. the clerk of the specified court C. the county clerk D. the court administrator 4. Except when the federal waiver of service is used, what two documents, as a minimum, must generally be served on the defendant at the start of a civil lawsuit? A. summons and warrant for arrest B. affidavit of service and acknowledgment C. summons and complaint D. 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 following documents are signed by the attorney. A. the complaint B. the federal civil cover sheet. C. the summons. D. all the above E. A and B 6. What is required for a summons to be issued? A. the attorneys signature B. the judges signature C. the clerk of courts signature D. the defendants signature 7. The preferred method of service in federal procedure is A. the process prescribed by Rule 3. B. the use of the notice of lawsuit and request for waiver of service of summons. 24

C. the personal delivery of the summons and complaint on defendant. D. A and B E. A and C 8. At the time of filing an action, paralegals should know A. 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 the Federal Rules of Civil Procedure? A. personal delivery B. delivery to any person at defendants house C. delivery by first class mail D. publication under prescribed circumstances 10. The Federal Rules of Civil Procedure give the court the power to dismiss a lawsuit if service has not been achieved within how many days of filing the complaint? A. 120 B. 60 C. 20 D. 90 11. True or False. The summons is the document that states the time in which the plaintiff must appear and defend. Fax machines and other e-mail are making it easier to file lawsuits. A civil cover sheet is required in filing lawsuits in some states by not in federal cases. Service of process establishes personal venue. Ask the clerk of court what documents are needed for filing a lawsuit in a state court. A defendant who returns waiver of service waives defenses and objections to the complaint. Service of process should be accomplished by mail only if personal service fails.

12. True or False. 13. True or False. 14. True or False. 15. True or False. 16. True or False.

17. True or False.

18. Under the Federal Rules of Civil Procedure when serving a corporation, proper service is made on any of the following except A. 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 25

individual or corporation must have A. 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 the state. 20. Which of the following is not immune from service of process? A. a resident of the county in which the court has jurisdiction B. a defendant brought into the state by force C. a witness attending a trial D. a defendant fraudulently served process 21. Default may be entered when A. the defendant fails to enter an appearance or otherwise file a responsive pleading in the prescribed time period. B. the plaintiff fails to enter an appearance ro otherwise file a responsive pleading in the prescribed time period.. C. the defendant files a responsive pleading but fails to enter an appearance in the prescribed time period. D. defendant is a minor and has no legal representation. 22. If a default judgment is not set aside, the A. 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 the A. 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. 5 B. 3 C. 10 D. 1 26. True or False. 27. True or False. Typical long-arm statutes require service of process through the secretary of state. U. S. Senators are immune from service of process. 26

28. True or False. 29. True or False. 30. True or False. 31. True or False. 32. True or False. 33. True or False.

In rem actions attach property to pay a judgment in an unrelated case. The Federal Collections Act is important in quasi-in rem cases. Entry of a default judgment ends the case in favor of the plaintiff. The judge enters a default judgment for a sum certain. A sum certain is a flat fee paid to an attorney. Out-of-state defendants can be served through long-arm laws if they have sufficient contacts with the plaintiff. The Freedom of Information Act can help you obtain a defendants forwarding address from the Post Office. A default judgment hearing requires evidence to prove a cause of action. A default judgment against one defendant may preclude proceeding against other defendants.

34. True or False.

35. True or False. 36. True or False.

DEFENDING AND TESTING THE LAWSUIT: MOTION, ANSWERS, AND OTHER RESPONSIVE PLEADINGS 1. The purposes of a motion include all of the following except A. 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. 4 B. 12(e) C. 7 (b) D. 59 3. In responding to the complaint, the defendant may choose to do any of the following except A. 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 except A. the motion itself. B. the notice of motion. C. a summons. D. a memorandum of law. 27

5. How many copies of a motion and accompanying documents should be served on the opponent? A. 2 B. 3 C. 1 D. None 6. Federal Rule 6(d) requires that the motion be served on the adverse party how many days prior to the hearing on the motion? A. 10 B. 3 C. 1 D. 5 7. Of the following, which is not an expected result of a motion to dismiss the complaint? A. dismissal of the complaint B. dismissal of the action C. default judgment D. amendment of the complaint 8. In analyzing a complaint for a motion to dismiss for failure to state a claim on which relief can be granted, what is a good target for attack? A. the caption B. the minor premise of the syllogism C. the major premise of the syllogism D. both B and C E. none of these 9. It is always best to check with your supervising attorney before drafting a motion to dismiss the complaint because A. 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 for A. 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 jurisdiction B. Available to defendant only C. Accomplished by filing notice of removal in federal court D. Accomplished by filing notice of removal in state court 12. A special demurrer is similar to a 28

A. B. C. D.

motion to make more definite and certain. motion to strike. motion for summary judgment. default. A joint application is a ruling imposed by the judge. A motion must be accompanied by a notice of motion. If a complaint is dismissed, the defendant may collect damages. An order is a request by the plaintiff for relief. A notice of motion notifies the opponent of the hearing time. Legal authority is presented in a memorandum of motion. Prejudicial language is subject to a motion to strike. A complaint can be dismissed for defective service. Filing a motion to dismiss is an acceptable way to gain time, even if that is the only purpose for filing the motion. U.S. agencies may not remove a case to federal court. A bill of particulars is part of the list of damages. Removal of a case to federal court may allow for more complete discovery.

13. True or False. 14. True or False. 15. True or False. 16. True or False. 17. True or False. 18. True or False. 19. True or False. 20. True or False. 21. True or False.

22. True or False. 23. True or False. 24. True or False.

25. What federal rule of civil procedure governs when an answer to a complaint shall be served? A. 7(c) B. 12(a) C. 15 D. 54(c) 26. An answer may contain each of the following components except A. denials. B. defenses. C. third-party complaints. D. cross-claims. 27. A motion for summary judgment may be filed A. 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 is A. an argumentative defense. B. a persuasive defense. C. an affirmative defense. D. a quasi-defense. 29. Permissive counterclaims may A. 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 is A. a counteraction. B. a cross-claim. C. a third-party answer. D. a third-party complaint. 31. True or False. 32. True or False. 33. True or False. 34. True or False. 35. True or False. Pleadings, once filed, cannot by changed. Unless they are denied, allegations in the complaint are deemed admitted. The answer may contain counterclaims or cross-claims, but not both. Compulsory counterclaims may not be the basis for a separate lawsuit. A motion for summary judgment must be filed at least ten days before the hearing on the motion. A file pleading log is an important responsibility for a paralegal.
Date: ___/____/_____

36. True or False.

FINAL EXAMINATION (last day/last hours of the class)

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