Civil Litigation Questions and AnswerCivil Litigation Questions and AnswerCivil Litigation Questions and AnswerCivil Litigation Questions and AnswerCivil Litigation Questions and AnswerCivil Litigation Questions and AnswerCivil Litigation Questions and AnswerCivil Litigation Questions and AnswerCiv...
✓ ~~~ Acceptable standards of conduct
✓ Paralegals do NOT practice law.
✓ Conduct os for the entire firm to uphold.
✓ Paralegal cannot gie legal advice, appear in courts, or give impression that they are an
attorney.
✓ Clients must be informed that you're not an attorney.
Fiduciary relationship
✓ ~~~ One is under the duty to act for the benefit of another in the scope of the relationship
(trust).
Conflicts of Interest
✓ ~~~ During initial intake, must be cautious of what info is taken in case you already
represent the opponent.
Let attorney know that there may be a conflict.
Everyone on e office has the responsibility of confidentiality.
Everyone is responsible to promote and practice mutual respect, honesty, and
fairness to both sides.
Cannot work with a client that you know personally.
Retainer agreements
✓ ~~~ Contract between the attorney and the client.
Lists price set by attorney and what the client is to expect.
Getting authority ahead of time, in case of settlement.
Clients are aware of the division of settlement dispensing.
,Are specific depending on the matter.
Diversity Of Citizenship
✓ ~~~ Diversity of citizenship is one of the factors that will allow a federal district court to
exercise its authority to hear a lawsuit. This authority is called diversity jurisdiction.
✓ ~~~ A wrong legally recognized as a basis for civil litigation seeking compensation for
harm suffered.
Tort Actions
✓ ~~~ Civil wrongs that are not breach of contract for which court can fashions remedy.
Action or inaction = fails to meet the norms of society, but does not rise to the level of
a criminal act.
,4 basic elements for negligence
✓ ~~~ 1. Duty of care
2. Breach of duty
3. Causation
4. Damages
Statute of frauds
✓ ~~~ Requires that certain types of contracts be in writing to be enforceable
Elements of a breach of contract
✓ ~~~ Offer
Acceptance
Meeting of the mind
Consideration
Lawful purpose
Competent parties
1 fails to meet these obligations and the other could suffer damages
Standing
✓ ~~~ The right or reason so bring a suit.
Ex: if your friend is injured, you cannot sue for them but he/she can sue for
themselves
, Long-Arm Statutes
✓ ~~~ Allows you to file against people who reside in a different state.
Your residence will be the basis for venue.
Substantive Law
✓ ~~~ Applications of statues and case law that determine the rights and obligations of the
plaintiffs and defendants.
Procedural Law
✓ ~~~ Governs how a case is files and tried.
Ex: CPLR & FRCP
Trial courts
✓ ~~~ Hear evidence & find facts
Courts of records = everything is recorded in case of appeal
Limited or general jurisdiction
State
Federal
State
✓ ~~~ Hear testimony
Get evidence
Make decisions
Judge is not assigned but must apply for one.
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