Nelson Higher Education

Higher Education

Civil Litigation, 6th Edition

  • Peggy Kerley
  • Janis Walter
  • Joanne Banker Hames
  • Paul Sukys
  • ISBN-10: 1111312222
  • ISBN-13: 9781111312220
  • 576 Pages | Paperback
  • Previous Editions: 2009, 2005, 2001
  • COPYRIGHT: 2012 Published
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Overview

About the Product

CIVIL LITIGATION, 6th edition enables aspiring paralegals to quickly grasp the principles of litigation practice through practical, hands-on instruction. The Sixth Edition has been updated to include all recent advances in legal practice, including the use of electronically stored information (ESI) and e-forensics in the discovery process. Updates to federal rules and procedures keep the Sixth Edition current and give the reader the most up-to-date information available. In addition, each chapter in CIVIL LITIGATION, 6th edition includes an exercise that focuses on a single case, giving the reader the opportunity to work it from beginning to end, simulating an on-the-job experience. Plus, the Sixth Edition contains a number of sample legal documents, such as complaints, interrogatories and deposition summaries, as well as legal vocabulary indexes. Every chapter focuses briefly on the impact of technology on the litigation field, and also contains useful references to litigation-focused websites.

Features

  • Numerous sample documents introduce readers to the materials they will be using, reviewing, and preparing as legal professionals.

  • See how it all fits together with abundant step-by-step teaching sequences that break down the paralegal's role in litigation into manageable pieces of information.

  • Practical exercises and projects give readers the opportunity to develop paralegal skills and see how litigation relates to various areas of law practice.

  • Ripped-from-the-headlines case commentaries put textbook material into practical context.

About the Author

Peggy Kerley

Peggy N. Kerley is a contract litigation paralegal, recently retired from Sidley Austin LLP in Dallas, Texas. Ms. Kerley received her paralegal certificate from the University of Oklahoma followed by an undergraduate degree in political economy from the University of Texas at Dallas. She has more than 50 years of legal experience and served as a paralegal instructor at Southeastern Paralegal Institute in Dallas, Texas. Ms. Kerley has authored another paralegal textbook, EMPLOYMENT LAW FOR THE PARALEGAL.

Janis Walter

Janis Walter, professor emeritus, teaches part-time at the University of Cincinnati’s ABA-approved paralegal program. She has served as chair of the ABA’s Approval Commission on Paralegals and was a member of the Standing Committee. She participates as a Specially Designated Commissioner for the ABA on site visits across the U.S. Professor Walter is also an active member of the American Association for Paralegal Education, where she served as editor of the Paralegal Educator. She has presented at many different forums on topics ranging from teaching effectiveness to handling adoptions. Professor Waler authored The Ohio Courts, a series of widely popular case studies covering civil litigation, criminal law and family law, and she developed three learning labs for a virtual law office. Professor Walter holds a bachelor's degree in political science and a law degree from Salmon P. Chase College of Law. She is licensed to practice law in Kentucky and Ohio and before the United States Supreme Court. She still practices in the areas of estate law, family law and personal injury.

Joanne Banker Hames

Joanne Banker Hames, J.D., is a retired paralegal coordinator and full-time instructor for the paralegal program at DeAnza Community College in Cupertino, California. She is currently a part-time instructor at the school. She earned her J.D. degree from Santa Clara University School of Law and was admitted to the California Bar in January 1972. She has been an active member since that time. For several years Ms. Hames was employed as an attorney in a busy litigation law firm. During that time she was involved in all aspects of civil litigation, including pre-trial preparation, jury trials and appeals. For the past 14 years she has been involved primarily in paralegal education. She taught at Santa Clara University Paralegal Institute before joining DeAnza Community College.

Paul Sukys

Paul Sukys, J.D., Ph.D., is a Professor Emeritus of Philosophy, Law, Literature and Legal Studies at North Central State College in Mansfield, Ohio. He has also taught as an adjunct professor at Ashland University, Mount Vernon Nazarene University and Cuyahoga Community College in Cleveland. Dr. Sukys received his bachelor's and master's degrees from John Carroll University in Cleveland, his law degree from Cleveland State University and his doctorate in applied philosophy and art history from The Union Institute and University in Cincinnati. He is a member of the Ohio Bar, the Ohio State Bar Association, the Authors Guild, the National Business Education Association, the Community College Humanities Association and the Lakeside Chautauqua Literary and Scientific Circle.

Table of Contents

Part I: INTRODUCTION TO CIVIL LITIGATION.
1. Litigation and the Paralegal.
2. The Courts and Jurisdiction.
Part II: INITIATING LITIGATION.
3. Preliminary Considerations and Procedures.
4. Investigation and Evidence.
5. The Complaint.
6. Responses to the Complaint.
7. Motion Practice.
Part III: DISCOVERY.
8. Overview of the Discovery Process.
9. Depositions.
10. Interrogatories.
11. Physical and Mental Examinations.
12. Request for Documents.
13. Request for Admission.
Part IV: PRETRIAL, TRIAL, AND POSTTRIAL.
14. Settlements, Dismissals, and Alternative Dispute Resolution.
15. Trial Techniques.
16. Posttrial Practice.
Appendix A: Sample Deposition.
Appendix B: Bennett Research File.
Glossary.
Index.

New to this edition

  • This edition prepares readers even better by including the latest changes to the Federal Rules of Civil Procedure (especially Rule 502 which was recently added to the Federal Rules of Civil Procedure), the rules dealing with E-Discovery, e-forensics in discovery, electronically stored information (ESI), and electronic filing.
  • Additional charts, diagrams, checklists, and forms give readers more resources.
  • Entirely updated technology information including updated "Finding It on the Internet" feature enables readers to be on the cutting edge of paralegal practice. Updates have also been made to discuss newer technology on texting and scanning in relation to document requests and discovery.
  • Paralegal CourseMate with additional learning tools and an interactive eBook.

Supplements

All supplements have been updated in coordination with the Main title.
Please see Main title page for new to this edition information.

Instructor Supplements

Instructor Resource CD-ROM  (ISBN-10: 1111312230 | ISBN-13: 9781111312237)
Online Instructor's Manual  (ISBN-10: 1111312249 | ISBN-13: 9781111312244)
WebTutor™ on Blackboard® Printed Access Card  (ISBN-10: 1111312273 | ISBN-13: 9781111312275)

Designed to accompany specific Delmar Cengage Learning Textbooks, WebTUTOR™ is an eLearning software solution that turns everyone in your classroom or training center into a front-row learner. Each WebTUTOR™ may include chapter learning objectives, online course preparation, study sheets, glossary flashcards, discussion topics, web links and an online forum to exchange notes and questions. In addition, online chapter quizzes are provided in various formats including; matching exercises, true-false questions, short-answer, and multiple-choice questions with immediate feedback for correct and incorrect answers. Whether you want to Web-enhance your class, or offer an entire course online, WebTUTOR™ allows you to focus on what you do best, teaching.

Paralegal CourseMate Instant Access Code  (ISBN-10: 1111644748 | ISBN-13: 9781111644741)

Cengage Learning's Paralegal CourseMate brings course concepts to life with interactive learning, study, and exam preparation tools that support the printed textbook.

MindTap Paralegal Instant Access with Selections from Kerley/Hames/Sukys' Civil Litigation  (ISBN-10: 1133999727 | ISBN-13: 9781133999720)

MindTap Civil Litigation is a personalized, fully online digital learning platform of authoritative content, assignments, and services that engages your students with interactivity while also offering you choice in the configuration of coursework and enhancement of the curriculum via complimentary web-apps known as MindApps.

Certified Paralegal Review Manual: A Practical Guide to CP Exam Preparation  (ISBN-10: 1418031976 | ISBN-13: 9781418031978)

Like the exam itself, this comprehensive manual is known in the field for high standards of paralegal professionalism and excellence. This latest edition is an invaluable resource for those preparing to take the Certified Legal Assistant (CLA) /Certified Paralegal (CP) Examination administered by the National Association of Legal Assistants. The manual first describes the CLA/CP exam in detail so that readers are well-prepared for the essential elements of the test--including aspects of grading, retake policy, eligibility requirements, preparation for the exam, group study, and taking the examination. It then delves into specific content areas of the test including legal terminology, communications, administrative law, and bankruptcy law. This third edition thoroughly covers each section of the exam with extensive outlines, examples, facts, and charts for review. Sample tests, study tips, and overall best practices are provided to fully prepare test-takers on their way to success.

Legal Studies Capstone: Assessing Your Undergraduate Education  (ISBN-10: 1111035075 | ISBN-13: 9781111035075)

LEGAL STUDIES CAPSTONE: ASSESSING YOUR UNDERGRADUATE EDUCATION provides an opportunity for students to review, enhance and demonstrate their knowledge and practical application of the law. Achievement of learning objectives is shown through development of a portfolio of student work and a successful score on a comprehensive exam. Measurable learning objectives are detailed for each unit, with discussion questions, portfolio assignments and exam questions designed to measure the attainment of each outcome. Job search, continuing education, ethical obligations and technology skills are addressed, and students organize related documentation to prepare for post-graduation endeavors. These units are followed by summaries of core substantive and procedural areas of law, providing students with a review of prior studies as well as a gap-filler for keys areas essential to success in the workplace, continuing education, or certification and employment exams. Students can evaluate their knowledge of the law through review of questions and answers provided in the comprehensive exam in Appendix A. Portfolio assignments display their ability to draft pleadings, prepare contracts, complete forms and report research results for review by a prospective employer or as reference for future assignments. The Glossary and Other Resources listed in Appendix B assist in fostering successful outcomes in both portfolio development and the assessment exam. In addition to the benefits to students, this text offers guidance to educational programs undertaking a meaningful assessment of learning outcomes. Review of student portfolios and success rates on the comprehensive substantive assessment present student data to be utilized in continuous curriculum development. The Instructor's Resources include a sample course outline, exit exam and portfolio grading rubric.

Student Supplements

WebTutor™ on Blackboard® Printed Access Card  (ISBN-10: 1111312273 | ISBN-13: 9781111312275)

Designed to accompany specific Delmar Cengage Learning Textbooks, WebTUTOR™ is an eLearning software solution that turns you into a front-row learner. Each WebTUTOR™ may include chapter learning objectives, online course preparation, study sheets, glossary flashcards, discussion topics, web links and an online forum to exchange notes and questions. In addition, online chapter quizzes are provided in various formats including, matching exercises, true-false questions, short-answer, and multiple-choice questions with immediate feedback for correct and incorrect answers.

Paralegal CourseMate Instant Access Code  (ISBN-10: 1111644748 | ISBN-13: 9781111644741)

Cengage Learning's Paralegal CourseMate brings course concepts to life with interactive learning, study, and exam preparation tools that support the printed textbook.

WebTutor™ on Blackboard® Instant Access Code  (ISBN-10: 1133134262 | ISBN-13: 9781133134268)

Succeed in your litigation course with this anytime, anywhere customized learning solution that reinforces and clarifies complex concepts, provides online quizzes with instant feedback and other online learning tools, and keeps you connected to your textbook, instructor, and classmates.

WebTutor™ on WebCT Instant Access Code  (ISBN-10: 1133134270 | ISBN-13: 9781133134275)

Succeed in your law course with this anytime, anywhere customized learning solution that reinforces and clarifies complex concepts, provides online quizzes with instant feedback and other online learning tools, and keeps you connected to your textbook, instructor, and classmates.

WebTutor™ on Angel Instant Access Code  (ISBN-10: 1133134289 | ISBN-13: 9781133134282)

Succeed in your civil litigation course with this anytime, anywhere customized learning solution that reinforces and clarifies concepts, provides online quizzes with instant feedback, and keeps you connected to your instructor and classmates.

Blackboard MindLink for MindTap Paralegal Instant Access  (ISBN-10: 128567359X | ISBN-13: 9781285673592)

Blackboard MindLink for MindTap Paralegal Instant Access for Kerley/Hames/Sukys' Civil Litigation, 6th engages you to produce your best work – consistently. By seamlessly integrating course material with videos, activities, apps, and much more, MindTap creates a unique learning path that fosters increased comprehension and efficiency.

MindTap Paralegal Instant Access with Selections from Kerley/Hames/Sukys' Civil Litigation  (ISBN-10: 1133999727 | ISBN-13: 9781133999720)

MindTap Civil Litigation is a highly personalized fully online learning platform of authoritative content, assignments, and services offering you a tailored presentation of course curriculum created by your instructor. MindTap Civil Litigation guides you through the course curriculum via an innovative learning path where you will complete reading assignments, annotate your readings, complete homework and engage with quizzes and assessments. MindTap includes a variety of web-apps known as "MindApps" – allowing functionality like having the text read aloud to you as well as MindApps that allow you to synchronize your notes with your personal Evernote account. MindApps are tightly woven into the MindTap platform and enhance your learning experience. Civil Litigation is an introduction to areas of law common to many legal practices as well as: Takes students through the phases of litigating a civil dispute and prepares students to perform litigation work, from investigating claims, to filing a lawsuit, to pretrial and trial work, and on to appeals. Students have opportunities to practice skills required in each of these phases and to discover the paralegal's role in the process. Throughout the course, students will use critical thinking skills to determine where to file suit and to analyze the ethical obligations unique to trial work. Students will use legal writing skills to prepare briefs, motions, and pleadings, and draft discovery requests.

Flash Cards Instant Access  (ISBN-10: 1305209192 | ISBN-13: 9781305209190)

Flash cards are effective study aids especially when you only have a limited amount of time. These flash cards work with your title and can help you to review and learn essential terms and key concepts. This is instant access product; at the completion of your purchase, simply go to "My Home" and gain immediate access to your product. Note: If you have purchased CourseMate for your title, flash cards are already included.

Quizzing Instant Access  (ISBN-10: 1305206517 | ISBN-13: 9781305206519)

Quizzes are effective study aids especially when you only have a limited amount of time. These quizzes work with your title and can help you to review and learn essential terms and key concepts. This is instant access product; at the completion of your purchase, simply go to "My Home" and gain immediate access to your product. Note: If you have purchased CourseMate for your title, quizzes are already included.

Quizzing with Flash Cards Instant Access  (ISBN-10: 130520395X | ISBN-13: 9781305203952)

Flash cards and quizzes are effective study aids especially when you only have a limited amount of time. These flash cards and quizzes work with your title and can help you to review and learn essential terms and key concepts. This is instant access product; at the completion of your purchase, simply go to "My Home" and gain immediate access to your product. Note: If you have purchased CourseMate for your title, flash cards and quizzes are already included.

Certified Paralegal Review Manual: A Practical Guide to CP Exam Preparation  (ISBN-10: 1418031976 | ISBN-13: 9781418031978)

Like the exam itself, this comprehensive manual is known in the field for high standards of paralegal professionalism and excellence. This latest edition is an invaluable resource for those preparing to take the Certified Legal Assistant (CLA) /Certified Paralegal (CP) Examination administered by the National Association of Legal Assistants. The manual first describes the CLA/CP exam in detail so you are well-prepared for the essential elements of the test--including aspects of grading, retake policy, eligibility requirements, preparation for the exam, group study, and taking the examination. It then delves into specific content areas of the test including legal terminology, communications, administrative law, and bankruptcy law. This third edition thoroughly covers each section of the exam with extensive outlines, examples, facts, and charts for review. Sample tests, study tips, and overall best practices are provided to fully prepare test-takers on their way to success.

Legal Studies Capstone: Assessing Your Undergraduate Education  (ISBN-10: 1111035075 | ISBN-13: 9781111035075)

LEGAL STUDIES CAPSTONE: ASSESSING YOUR UNDERGRADUATE EDUCATION provides the opportunity for you to review, enhance and demonstrate your knowledge and practical application of the law as you complete your education. Achievement of learning objectives is shown through development of a portfolio of your work and a successful score on a comprehensive exam. Measurable learning objectives are detailed for each unit, with discussion questions, portfolio assignments and exam questions designed to measure the attainment of each outcome. Job search, continuing education, ethical obligations and technology skills are addressed, and you organize related documentation to prepare for post-graduation endeavors. These units are followed by summaries of core substantive and procedural areas of law, providing you with a review of prior studies as well as a gap-filler for keys areas essential to success in the workplace, continuing education, or certification and employment exams. You can evaluate your knowledge of the law through review of questions and answers provided in the comprehensive exam in Appendix A. Portfolio assignments display your ability to draft pleadings, prepare contracts, complete forms and report research results for review by a prospective employer or as reference for future assignments. The Glossary and Other Resources listed in Appendix B assist in fostering successful outcomes in both portfolio development and the assessment exam.