Overview of Litigation
Structure of Government
The Courts and Jurisdiction
Stages of Litigation
Pre-Litigation
100
A Team Effort
What is the work ethic of the litigation law firm?
100
Main source of law in the U.S.
What is U.S. Constitution?
100
Federal and State Courts having jurisdiction at the same time; working at the same time.
What is concurrent jurisdiction?
100
Formal Fact Finding
What is discovery?
100
Informal Fact Finding
What is the client interview?
200
Organizing client files
What are the general responsibilities of a paralegal?
200
Article VI the Constitution cannot be contradicted.
What is the Supremacy Clause?
200
Federal and State courts are designated cases that the court can decide based upon jurisdiction. Thus, these are court of:
What is limited jurisdiction?
200
Evidence must be real, reliable and relevant.
What is the scope of discovery?
200
A poorly performed interview can cause a malpractice claim or disciplinary action.
What is competence?
300
Sources of law (book) that contain sample documents for legal professionals to follow in preparing pleadings and other documents for the court.
What is a form book?
300
Congress creates administrative agencies giving these agencies rule making power.
What is the delegation doctrine?
300
Federal Rule of Civil Procedure, 12 (b) threshold defense that can be raised or motioned at any time even after judgment.
What is the lack of subject matter jurisdiction?
300
first stage of litigation- asking for help
What is the pleading stage?
300
Kind of investigation that is performed by paralegal
What is factual investigation?
400
Enacted law or case law
What is primary authority?
400
Rules of procedure to enforce the rights created to protect the citizens.
What is civil procedure?
400
court where initial complaint is filed, hears the evidence, and creates the record.
What are the lower courts?
400
Parties present opening arguments, evidence, verdict rendered and final judgment entered
What is trial?
400
One traditional lawyer function performed before filing a complaint
What is client counseling?
500
Source to locate subject matter jurisdiction of the court?
What is the constitution or statute?
500
Doctrine established in U.S. Constution where the state power to regulate as the federal government regulates federal matters
What is doctrine of federalism?
500
Courts that review the record for error of fact or law.
What are the appellate courts?
500
Final judgment has been entered and losing party is seeking review
What is the appeal stage?
500
statement that must be given to clients in accordance to the Florida Bar with regards to contingency fee cases that is attached to a retainer agreement.
What is the statement of client rights?
M
e
n
u