Fundamentals of California Litigation for Paralegals

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Aspen Publishers Online, Jun 22, 2007 - Law - 503 pages
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The new edition of Maerowitz and Mauet's Fundamentals of CaliforniaLitigation for Paralegals gives students a complete explanation ofCalifornia specific litigation. Clearly written with the student in mind, thetext makes the material accessible while the accompanying workbook and formsput theory into practice.These features make this text an appealing choice:* offers a complete understanding of the litigation process fromthe time the client walks into the office through trial and post-judgment,including settlements and alternative forms of resolutions* balanced approach neither oversimplifies the litigationprocess, nor clouds the educational course with excessive information* pedagogical aids such as bold-faced terms defined in theglossary; examples; charts and checklists; sample documents; chapter overviewsand summaries; and review questions are featured throughout the text* tailored to the California rules with each chapter referencingthe specific California statute where more information can be found,and California forms included throughout* provides opportunities for the instructor to pick and choose whichareas to emphasize* a workbook on CD accompanies the text and includes five casescenarios based on California law along with associated Judicial Council formsto be used as practical exercises* Instructor's Manual provides answers to the questionsposed in the workbook and book, as well as a test bank of questions thatinclude true-false, short answer and essay questions so that theinstructor can choose the type of test to give. Projects for research andwriting, sample forms, and suggested course outlines are also includedChanges to the Third Edition include:* chapters on motions and discovery tools have been broken down intoseparate sections so that they are both easier for the student to understandand digest, and easier for the instructor to teach* depositions, interrogatories, and document productionhave been included and demurrers, motions to strike, and summaryjudgment have been broken out into separate sections* more information included on litigation management systems andhow to use such systems to index and retrieve documents in large cases* reflects most recent changes in the California rulesThis student-friendly text offers a teachable approach to the subject ofCalifornia litigation. The content is neither oversimplified nor saturatedwith excess information which allows for a smooth introduction.Fundamentals of California Litigation for Paralegals, Third Edition offersa complete understanding of the litigation process, allowing students to walkaway with a firm understanding of the complete picture.
 

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Contents

Investigating and Planning the Litigation
1
The Paralegals Role
12
Chapter Objectives
20
E Witness Interviews
45
F Expert Reviews
55
G Computerized Fact Gathering
56
Chapter Summary
57
Review Questions
58
Filing and Service of Summons
135
E CrossClaims
154
Key Terms
160
Chapter Summary
173
Substitution of Parties
186
MOTIONS ATTACKING
193
E Dismissals and Defaults
199
F Consolidation and Separate Trials
206

CASE EVALUATION AND STRATEGY
61
Chapter Objectives
62
Work covered
63
Retainers
64
Costs
65
Next steps
68
Declining Representation
70
Planning the Litigation
71
Reevaluate the clients objectives priorities and cost constraints
72
Develop a theory of the case
73
Plan the dispositive motions
74
Develop a litigation timetable
75
Reevaluate the clients objectives priorities and cost constraints
77
Define the clients litigation objectives
78
Develop a theory of the case
79
Plan the dispositive motions
80
Develop a litigation timetable
81
Statutory notice requirements
82
Administrative procedure requirements
83
Chapter Summary
85
Subject Matter Jurisdiction
93
F Federal Versus State Court
101
Pretrial Litigation
107
B General Pleading Requirements
110
Chapter Summary
118
Opponents responses
215
B Claim and Delivery
221
Writs of Attachment
231
Chapter Summary
239
Hearsay
246
G Privileges
261
Scope of Discovery
271
Chapter Summary
277
Responses to interrogatories
298
Requests to Produce Documents and Subpoenas
304
Physical and Mental Examinations
319
F Exchange of Expert Witness Information
328
DEPOSITIONS
335
Chapter Summary
355
Settlement Trial and PostTrial
357
B Preparing a Settlement Brochure
361
Key Terms
371
E Trial Materials
383
K The Paralegals Conduct During Trial
397
Review Questions
410
E Wage Garnishments
421
Jones v Smith
435
Glossary
475
Index
495
Copyright

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About the author (2007)

Mauet is Director of Trial Advocacy and Milton O. Riepe Professor of Law at the University of Arizona.

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