1. The Paralegal Professional

2. SEMINAR INFORMATION Instructor: Joy Tootle Power Points are in Doc Sharing. Can’t see the full screen? press the F11 key at the top of your keyboard. Experiencing technical problems during seminar? Call tech support: 1-866-522-7747

3. DISCUSSION BOARD TIPS 3 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!

4. 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.

5. 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.

6. Assignment Checklist:  Read Chapter 7, 9 and 11  Written Assignment on Legal Documents  Seminar  Discussion Board  Quiz

7. 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)

8. Parts of a Memo 1. Heading 2. Issue 3. Brief Answer 4. Facts 5. Discussion/Analysis including research 6. Conclusion

9. 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)

10. COMPLAINT 1. Case Caption 2. Title (“Complaint”) 3. Short Introduction (“Comes now the plaintiff, John Doe, by and through his attorney, and alleges:”) 4. Parties 5. Jurisdictional statement 6. Allegations or Statement of Facts 7. Causes of Action 8. Damages 9. Jury Demand 10. Prayer for Relief 11. Date submitted to the court 12. Attorney information and signature

11. 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

12. 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)

13. MOTIONS Written (or oral) request to the Court by a party Examples: Motion to Dismiss Motion for Summary Judgment Motion for Directed Verdict Motion in Limine Motion for Protective Order

14. Other types of Legal Documents: Contracts Lease Agreements Police Reports Settlement Agreements Wills, Trusts Many, many more!

15. 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

16. 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

17. STEPS IN CIVIL LITIGATION PROCESS 1. Information gathering 2. Complaint filed 3. Complaint & Summons served on Defendant. 4. Answer 5. Discovery 6. Trial 7. Post –Trial (Appeal?)

18. INFORMATION GATHERING  Investigations  Interview of clients, witnesses  Gather evidence  Legal Research

19. 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)

20. 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

21. 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)

22. 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

23. Trial Right guaranteed by the 7 TH Amendment to the U.S. Constitution Jury trial: Judge – trier of law Jury – trier of fact Bench trial: Judge – trier of law AND trier of fact

24. 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

25. 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.

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

27. 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.

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

29. 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.

30. 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)

31. THE END Questions? Email me at JTootle@kaplan.eduJTootle@kaplan.edu ASK THE PROF Have a great week! Good luck!