The Paralegal Professional

SEMINAR INFORMATION

Instructor: Joy Tootle

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DISCUSSION BOARD TIPS3 substantive posts per week minimum.Post timely. Late posts are subject to point

deductions.Answer the main post in depth, and respond to other

students. Build upon another’s response. Incorporate course materials, what you’ve read, your research and your experience. Offer an opposing viewpoint (in a courteous manner).

A substantive response is not just agreeing or disagreeing with or simply complimenting another student. Explain why you agree or disagree. Add your take, ask questions, share weblinks.

• Read every post—it gives you a sense of what issues are intriguing and helps you prepare responses. Read my posts and respond .

• Review your posts before submitting. Read, re-read, proofread and spell check—this is practice for your profession!

LATE POLICY

Submit work on time – this is good practice for legal deadlines!

If you are unable to submit work on time, email instructor. I may provide an extension.

Don’t give up!!! Turning in something late is better than receiving a zero.

OTHER ADMINISTRATIVE ISSUES Check for new Announcements each

time you enter course.

Review the written assignment grading rubric.

CITE to sources. Avoid PLAGIARISM.

Ask questions! Don’t be afraid to COMMUNICATE with instructor about issues, problems or concerns.

Assignment Checklist:

Read Chapter 7, 9 and 11Written Assignment on Legal Documents SeminarDiscussion BoardQuiz

LEGAL MEMORANDUM

A/K/A Memorandum of Law

Interoffice document used by legal team

Facts, issues, research & analysis of case

Must include positive and negative elements

Inform, not persuade (be objective)

Parts of a Memo

1. Heading2. Issue3. Brief Answer4. Facts5. Discussion/Analysis including

research6. Conclusion

Legal Brief

A/K/A Appellate Brief

Document written to the court to persuade the court to find in favor of the client

Usually filed with an appellate court

Follow Rules of Court for requirements (page limit, margins, font size, spacing, format)

COMPLAINT1. Case Caption2. Title (“Complaint”)3. Short Introduction (“Comes now the plaintiff,

John Doe, by and through his attorney, and alleges:”)

4. Parties5. Jurisdictional statement6. Allegations or Statement of Facts7. Causes of Action8. Damages9. Jury Demand10. Prayer for Relief11. Date submitted to the court12. Attorney information and signature

SUMMONS

Order issued by the court at time complaint is filed

Orders the defendant to answer to the allegations within a specified time period

Served on defendant with a copy of the complaint

ANSWER

Defendant’s response to the allegations in a complaint.

Contains admissions or denials.

Asserts defenses and affirmative defenses.

Must be served on plaintiff within a set time frame (depends on jurisdiction)

MOTIONS

Written (or oral) request to the Court by a party

Examples:Motion to DismissMotion for Summary JudgmentMotion for Directed VerdictMotion in LimineMotion for Protective Order

Other types of Legal Documents:ContractsLease AgreementsPolice ReportsSettlement AgreementsWills, TrustsMany, many more!

Civil Litigation

Involves legal action to resolve disputes between parties

A variety of civil matters, e.g.,: Auto accidents Breaches of contract Patent infringement

Litigation paralegals: Researching Preparing documents Interviewing clients Consulting with the attorney

CIVIL LITIGATION

Legal action to resolve disputes between parties

There must be a CAUSE OF ACTION A CAUSE OF ACTION is a claim for

which a court can provide a remedy

STEPS IN CIVIL LITIGATION PROCESS

1. Information gathering

2. Complaint filed3. Complaint & Summons served on

Defendant.4. Answer5. Discovery6. Trial7. Post –Trial (Appeal?)

INFORMATION GATHERING

Investigations Interview of clients, witnesses Gather evidence Legal Research

Complaint

The plaintiff, the party who is suing, files a complaint containing: A caption (information concerning the

parties and the court) The gravamen (allegations of the cause

of the injury) The “prayer for relief” (the relief sought) Signature block and possibly a

verification (attorney information/client’s sworn adoption of the facts)

Summons

A court order directing the defendant (the person against whom the suit is brought) to appear and answer the complaint

Establishes personal jurisdiction May be served various ways, including:

In person By mail To a statutory agent By publication

ANSWER

Defendant must file an Answer or response to the Complaint within a certain period of time.

Length of time varies depending on jurisdiction.

Failure to timely file an Answer might result in a Default Judgment (defendant loses lawsuit on a technicality)

Discovery

The process of learning the facts of the case from the other party and witnesses

Prevents surprise Saves court time Promotes settlement Includes:

Depositions Interrogatories Requests for productions Physical and mental exams

Trial

Right guaranteed by the 7TH Amendment to the U.S. Constitution

Jury trial: Judge – trier of lawJury – trier of fact

Bench trial:Judge – trier of law AND trier of fact

Stages of Trial

Jury selection (voir dire) Opening statements Plaintiff’s case Defendant’s case Rebuttal and rejoinder Closing arguments Jury instructions (charge to the

jury) Jury deliberations Judgment

Jury Selection

The array (jury pool) is called. Prospective jurors fill out a

questionnaire. Examined by lawyers and/or judge as to

possible bias in the case. May be excused “for cause” (potential

or actual bias) or by a peremptory challenge (based on case strategy).

Jurors may be isolated from outside influences (sequestered) if the judge feels it’s necessary.

Trial Opening Statements – summary of the issues . Plaintiff’s case Defendant’s case Rebuttal Rejoinder Closing Arguments Jury Deliberations. Judgment.

Appeal

Once there is a final judgment, the losing party can appeal if: There is a timely notice of appeal filed There are grounds for appeal (errors of

law)

The appeal usually consists of written briefs of law and possibly oral arguments.

PARTIES IN CIVIL LITIGATION Plaintiff vs. Defendant Plaintiff sues Defendant is the party being sued

HYPOTHETICAL

Ross and Rachel are having espressos at their favorite local coffee shop. As they are leaving, Rachel slips on some coffee that was spilt onto the floor that had not been cleaned up and she sustains serious back injuries that prevent her from continuing her employment as a professional country line dancer. Rachel sues the coffee shop for damages.

CIVIL CASES – Burden of Proof

Burden of proof lies with the plaintiff.

Burden of proof is preponderance of evidence.

(more than 50% chance defendant guilty of allegations)

THE END

Questions?Email me at JTootle@kaplan.eduASK THE PROF

Have a great week! Good luck!