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图书目录：Foreword
Preface About the Authors SECTION 1 INTRODUCTION TO CIVIL LITIGATION FOR THE PARALEGAL CHAPTER 1: Litigation and the Paralegal 1-1 What Civil Litigation Is 1-2 Different Types of Civil Lawsuits 1-3 Alternatives to Litigation 1-4 Procedural v. Substantive Law 1-5 Sourees of the Law 1-6 The Role of the Litigation Paralegal The Computerized Law Firm--The Language of Computers 1-7 Skills Required of the Litigation Paralegal 1-8 Practical Tips for Success in the Law Firm CHAPTER 2: The Courts and Jurisdiction 2-1 The Courts and Litigation 2-2 Federal Court System 2-3 State Court Systems 2-4 Jurisdiction The Computerized Law Firm--Legal Research 2-5 Venue SECTION 2 INITIATING LITIGATION CHAPTER 3: Preliminary Considerations 3-I Determining the Existence of a Cause of Action 3-2 Time Limitations The Computerized Law Firm--Calendar Control 3-3 Feasibility of the Lawsuit 3-4 Turning Down a Case 3-5 Ethical Considerations in Accepting a Case 3-6 Ethical Considerations After Accepting a Case CHAPTER 4: Interview and Investigation Prior to Litigation 4-I The Client Interview 4-2 Locating Fact Witnesses or Elusive Defendants 4-3 Techniques for Interviewing Fact Witnesses The Computerized Law Firm Nonlegal Database 4-4 Methods for Locating and Preserving Evidence 4-5 Expert Witnesses CHAPTER 5: The Initial Pleadings 5-I Initial Pleadings 5--2 Parties to the Lawsuit The Computerized Law Firm Nonlegal Database 5-3 Pleading Jurisdiction and Venue 5-4 Pleading the Claim or Cause of Action 5-5 Demand for Relief 5-6 Drafting the Complaint 5-7 Filing the Complaint 5-8 The Summons 5--9 Service of the Complaint 5-10 Amending the Complaint CHAPTER 6: Responses to the Initial Pleadings 6-1 Responding to the Initial Pleading 6-2 The Answer The Computerized Law Firm--Word Processing to Amend Pleadings 6-3 Drafting the Answer 6--4 Counterclaims, Cross-claims, and Third-Party Complaints 6--5 Legal Challenges to the Complaint 6-6 Failure to Answer CHAPTER 7: Motion Practice 7-1 Motions Generally 7-2 Preparing, Serving, and Filing The Computerized Law Firm--Word Processing to Draft Motions 7-3 Court Procedures Involving Motions 7-4 Specific Motions SECTION 3 DISCOVERY CHAPTER 8: Overview of the Discovery Process 8-1 The Nature of Discovery 8-2 The Extent of Allowable Discovery 8-3 Cooperating with Discovery The Computerized Law Firm--Word Processing to Prepare Discovery Documents CHAPTER 9: Depositions 9-1 The Deposition 9-2 The Nature of the Oral Deposition 9-3 The Paralegal's Role Before the Oral Deposition 9-4 The Paralegal's Role During the Oral Deposition The Computerized Law Firm-- Full Text Retrieval 9-5 The Paralegars Role After the Oral Deposition 9-6 Special Types of Depositions CHAPTER 10: Interrogatories I0--I Interrogatories 10--2 Drafting Interrogatories 10-3 Drafting Answers to Interrogatories The Computerized Law Firm--Using a Macro CHAPTER 11: Physical and Mental Examinations 11-1 The Physical and Mental Examination 11-2 Filing a Motion for Compulsory Examination 11-3 Requirements for Granting the Motion for a Compulsory Examination The Computerized Law Firm-- The Administrative Database 11-4 Granting a Motion for a Compulsory Examination 11-5 The Paralegal's Role in Physical and Mental Examinations CHAPTER 12: Request for Documents 12-I The Request for Documents 12-2 Protection of Documents 12-3 Requesting the Production of Documents 12-4 Responding to a Request for Documents The Computerized Law Firm Document Summary 12-5 Organizing and Indexing the Documents After Production 12-6 Inspection of Property CHAPTER 13: Requests for Admissions 13-1 The Request for Admissions 13-2 Drafting the Request for Admissions 13-3 Responding to the Request for Admissions The Computerized Law Firm--Word Processing SECTION 4 PRETRIAL, TRIAL, AND POST-TRIAL CHAPTER 14: Settlements and Dismissals 14-I The Settlement 14-2 Settlement Offers 14-3 Settlement Agreements and Releases 14-4 Dismissals, Consent Decrees, and Distribution of Funds The Computerized Law Firm Document Generator CHAPTER 15: Trial Techniques 15- I Preliminary Preparation for Trial 1 5-2 Preparation of Witnesses 1 5-3 Preparation of Exhibits and Briefs 15--4 Coordinating Trial Logistics 1 5-5 The Jury Process The Computerized Law Firm--Legal Research 15-6 The Paralegars Role at Trial CHAPTER 16: Post-Trial Practice 16--1 Trial and Post-Trial Motions 16--2 The Preliminary Steps in the Appeal The Computerized Law Firm--Calendar System 16-3 The Appellate Brief 16-4 Coordinating the Oral Argument 16-5 Final Procedures APPENDIX A: Deposition Style of the Case APPENDIX B: Computer Software and Service Vendors APPENDIX C: The Trial Process GLOSSARY INDEX |
