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Exam (elaborations)

Civil Litigation Questions and Answer

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  • Civil Litigation
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  • Civil Litigation

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  • August 15, 2024
  • 46
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Civil Litigation
  • Civil Litigation
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Civil Litigation Questions and Answers
Ethics

✓ ~~~ 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.



Sources of Law

✓ ~~~ Constitution
- executive, legislative, judicial

Statutes

administrative Rules and Regulations

- IRS, Social Security admin.

Case law

- Stare decisis (written decision)




Cause of Action

✓ ~~~ 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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