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California Civil Litigation 5th Edition Susan Burnett
Luten Digital Instant Download
Author(s): Susan Burnett Luten
ISBN(s): 9781428318458, 1428318453
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Year: 2008
Language: english
CALIFORNIA
CIVIL
LITIGATION
F I F T H E D I T I O N
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C O N T E N T S

PREFACE xvii

CHAPTER 1 LITIGATION OVERVIEW 1

The Sources of Procedural Requirements 2 The Role of the Litigation Paralegal 5

The Litigation Process 2 Paralegals Increase Quality of Practice 5
The Three Essential Events of Litigation 3 The Paralegal’s Economic Role 6
Types of Paralegal Employers 3 Conclusion 6
Litigation Law Firms 4 Discussion Questions 7
Billing 4 Online Projects 7
Legal Structure 4 Exhibit 1–1: Paralegal Job Description 8
Law Firm Personnel 4 Exhibit 1–2: Paralegal Evaluation Form 10
Types of Practice 5

CHAPTER 2 ETHICS IN LITIGATION 11

Attorney Rules of Professional Conduct 12 Discussion Questions 17

Unauthorized Practice 12 Online Projects 17
Advertising and Solicitation 13 Assignment 18
Relationships between Attorneys 13 Exhibit 2–1: State Court Official Form
Relationships with Clients 13 of Notice of Motion and Motion
Terminating the Client Relationship 14 to Be Relieved As Counsel 20
Financial Relationships with Clients 15 Exhibit 2–2: State Court Official Form
Advocacy and Representation 15 of Declaration in Support of Attorney’s
Paralegal Professional Requirements 16 Motion to Be Relieved As Counsel 22
Statutes Governing Paralegals 16 Exhibit 2–3: State Court Order Granting
Paralegal Voluntary Guidelines 17 Attorney’s Motion to Be Relieved
Conclusion 17 As Counsel 24

CHAPTER 3 INITIATING THE CLIENT RELATIONSHIP 27

The Initial Contact 27 Confidentiality and Conflicts of Interest 30

The Initial Interview 28 Conflicts Created by Paralegals 31
Meeting Firm Objectives 28 Attorney As Witness 31
Meeting Client Objectives 29 Attorney Must Be Competent 32
Evaluating the Ethics of the Prospective Case 29 Evaluating the Business Considerations
Assessing Merit 30 of the Prospective Case 32

vii
viii CONTENTS

Evaluating Firm Interest in the Prospective Assignments 37

Case 32 Exhibit 3–1: Contingency Fee Agreement 38
Contracting with the Client 33 Exhibit 3–2: Hourly Fee Agreement 40
Fees and Costs 33 Exhibit 3–3: Sample Bill 42
Fee Agreements 34 Exhibit 3–4: Sample Time Sheet 43
Undertaking Representation 35 Exhibit 3–5: Notice of Lien 44
Conclusion 36 Exhibit 3–6: State Court Official Form:
Discussion Questions 36 Substitution of Attorneys 45
Online Projects 37

CHAPTER 4 COURTS IN CALIFORNIA 47

Substantive versus Procedural Laws 47 Administrative Courts 51

Federal Courts in California 48 Conclusion 52
California State Courts 50 Discussion Questions 52
Superior Courts 50 Online Projects 52
Courts of Appeal 50 Assignment 52
Supreme Court 51 Exhibit 4–1: Court System Diagram 53

CHAPTER 5 SUBJECT MATTER JURISDICTION 55

Subject Matter Jurisdiction in Federal Effect of Joinder on Amounts

Courts 56 in Controversy 58
Diversity Jurisdiction 56 Exclusive and Concurrent Jurisdiction
Federal and State Subject Matter Jurisdiction between Federal and State Courts 59
Compared 57 Conclusion 59
Subject Matter Jurisdiction of California Discussion Questions 60
State Courts 57 Online Projects 60
Limited versus Unlimited Jurisdiction 57 Assignment 60
Amount in Controversy 57 Exhibit 5–1: Notice of Removal 61

CHAPTER 6 PERSONAL JURISDICTION 63

Types of Personal Jurisdiction 64 General and Limited Jurisdiction 67

In Personam Jurisdiction 64 Challenging Personal Jurisdiction 68
In Rem Jurisdiction 64 Forum Non Conveniens 68
Quasi in Rem Jurisdiction 65 Venue 69
Analyzing Personal Jurisdiction 65 Local and Transitory Actions 69
Asserting Personal Jurisdiction 65 Conclusion 70
Asserting in Personam Personal Discussion Questions 71
Jurisdiction through Consent 66 Online Projects 71
Asserting in Personam Personal Assignments 71
Jurisdiction through Minimum Exhibit 6–1: State Court Motion to
Contacts 67 Transfer Action 73

CHAPTER 7 INTRODUCTION TO PLEADINGS 81

Causes of Action 82 Joinder 84

Types of Pleadings 82 Conclusion 85
Affirmative Claims for Relief Discussion Questions 86
by Defendants 82 Online Projects 86
Real Parties in Interest 83 Assignments 86
Capacity 84
 CONTENTS ix

CHAPTER 8 COMPLAINTS AND CROSS-COMPLAINTS 87

Complaints in State Courts 87 Venue and Forum Non Conveniens 99

The Caption 87 Drafting Pleadings in Federal Court 99
Naming the Parties 89 Local Rules 100
Naming “Doe” Defendants 89 Methods of Service 100
The Allegations 90 Form Books and Drafting Tips 100
Drafting Allegations 91 Conclusion 101
Pleading Devices 92 Discussion Questions 101
Pleading with Particularity 93 Online Projects 102
The Prayer 94 Assignments 102
Subscription and Verification 95 Exhibit 8–1: State Court Complaint 104
Service of Summons for State Exhibit 8–2: State Court Form: Civil Case
Court Complaints 95 Cover Sheet 109
Methods of Service for State Court Cases 96 Exhibit 8–3: State Court Form: Summons 110
Cross-Complaints 97 Exhibit 8–4: State Court Form: Notice
Official Form Pleading 97 and Acknowledgement 112
Pleading in Federal Courts 98 Exhibit 8–5: State Court Form: Complaint
Notice Pleading versus Fact Pleading 98 for Breach of Contract 113
Joinder 99 Exhibit 8–6: Federal Court Complaint 120

CHAPTER 9 ANSWERING THE COMPLAINT 125

Answering a State Court Complaint 125 Assignments 129

Denials to State Court Complaints 126 Online Projects 129
Affirmative Defenses 127 Exhibit 9–1: General Denial to State
Drafting Affirmative Defenses 127 Court Complaint 130
Forms of Answers in State Court 127 Exhibit 9–2: Answer to State
Answering a Federal Court Complaint 128 Court Cross-complaint 132
Conclusion 128 Exhibit 9–3: State Court Form:
Discussion Questions 129 Answer 135

CHAPTER 10 ATTACKING THE PLEADINGS 137

Attacking the Pleadings in State Court 137 Attacking the Pleadings in Federal Court 141
Strategic Reasons to Attack Conclusion 141
the Pleadings 138 Discussion Questions 142
Demurrers and Motions for Judgment Online Projects 142
on the Pleadings 138 Assignment 142
General Demurrers 139 Exhibit 10–1: Demurrer and Motion to Strike
Special Demurrers 139 State Court Complaint 144
Basic Demurrer Procedures 140 Exhibit 10–2: Motion to Dismiss Federal
Motions to Strike 141 Court Complaint 150

CHAPTER 11 AMENDING THE PLEADINGS 153

Amending State Court Pleadings 153 Conclusion 156

Amending by Right 153 Discussion Questions 157
Amending by Leave of Court 154 Online Projects 157
Considerations of the Court Granting Assignments 157
Leave 155 Exhibit 11–1: Notice of Motion for Leave
Relation Back Doctrine 155 to Amend Complaint 158
Amending Pleadings in Federal Court 156
x CONTENTS

CHAPTER 12 CALENDARING PLEADINGS 159

Basic Calendar Rules 160 Answer to Sample Problem One 165

Calendaring in State Court 161 Sample Problem Two 165
Statutes of Limitations 161 Answer to Sample Problem Two 165
Dismissal Statutes 162 Conclusion 166
Deadlines for Responses to Pleadings 162 Discussion Questions 167
Calendaring Demurrers 162 Online Projects 167
Calendaring Motions to Quash 163 Assignments 167
Calendaring in Federal Court 164 Exhibit 12–1: Calendaring Calendar
Failure to Prosecute 164 for Computing Days 169
Responding to Pleadings 164 Exhibit 12–2: State Court Form: Proof
Sample Calendaring Problems 165 of Service 170
Sample Problem One 165

CHAPTER 13 DISCOVERY OVERVIEW 171

The Purposes of Discovery 172 Privileges 177

Improving Presentation of Trial Evidence 172 Attorney-Client Privilege 177
Focusing on Issues 172 Attorney-Workproduct Privilege 178
Eliminating Surprise at Trial 172 Limitations on the Timing and Quantity
The Disadvantages of Discovery 173 of Discovery in State Court 178
Expense of Discovery 173 Limitations on the Timing and Quantity
Discovery Disputes 173 of Discovery in Federal Court 179
Educating the Opposition 174 Discovery Sanctions 180
Overview of Discovery Tools 174 Conclusion 180
Discovery Plans 175 Discussion Questions 180
The Goals of a Discovery Plan 175 Online Projects 180
Limits to Discovery 176 Assignments 181
Scope of Permissible Discovery 176 Exhibit 13–1: Discovery Plan 182

CHAPTER 14 INTERROGATORIES 185

Advantages of Interrogatories 185 Responding to Interrogatories 192

Disadvantages of Interrogatories 186 Identifying Objectionable Interrogatories 192
Basic State Court Interrogatory Rules 186 Proper Interrogatory Objections 192
Timing 186 Improper Objections 193
Caption 186 Drafting Responses to Interrogatories 193
Format 187 Challenges to Responses 194
Form of Questions 187 Motion to Compel Further Answers 194
Limitations on the Numbers Motion to Compel Answers 194
of Interrogatories 187 Sanctions 195
Exceeding the Rule of 35 188 Conclusion 195
Subscription and Service 189 Discussion Questions 195
Basic Federal Court Interrogatory Rules 189 Online Projects 196
Types of Interrogatories 189 Assignments 196
Contention Interrogatories 190 Exhibit 14–1: State Court Form: Interrogatories
Fact Interrogatories 190 for Unlimited Civil Cases 199
Interrogatories to Identify Documents 190 Exhibit 14–2: State Court Form:
Drafting Interrogatories 191 Interrogatories—Economic Litigation 207
Responding to Interrogatories 191 Exhibit 14–3: State Court Interrogatories 211
Protective Order 191 Exhibit 14–4: Federal Court Interrogatories 213
Timing 191 Exhibit 14–5: Federal Court Responses
Failure to Respond 191 to Interrogatories 215
 CONTENTS xi

CHAPTER 15 REQUESTS FOR ADMISSIONS 219

Basic Requests for Admissions Conclusion 223

Rules 220 Discussion Questions 223
Timing 220 Online Projects 223
Format 220 Exhibit 15–1: State Court Form: Request
Drafting Requests for Admissions 221 for Admissions 225
Responding to Requests for Admissions 222 Exhibit 15–2: State Court Request
Timing 222 for Admissions 226
Failure to Respond Properly 222 Exhibit 15–3: Federal Court
Failure to Respond Properly in State Response to Request for
Court Cases 223 Admissions 228
Failure to Respond Properly in Federal
Court Cases 223

CHAPTER 16 DEPOSITIONS 231

Advantages of Depositions 231 Exhibit 16–1: Notice of Deposition

Disadvantages of Depositions 232 with Documents 242
Basic Deposition Rules 232 Exhibit 16–2: State Court Form:
Timing 232 Deposition Subpoena 244
Deponents 232 Exhibit 16–3: State Court Form:
Types of Depositions 233 Deposition Subpoena for Production
Party Depositions in State Court 233 of Business Records 246
Third-Party Depositions in State Exhibit 16–4: State Court Form:
Court 234 Deposition Subpoena for Personal
Party and Third-Party Depositions Appearance and Production
in Federal Court 235 of Documents and Things 248
Personal and Consumer Records 235 Exhibit 16–5: State Court Form: Notice that
Deposition Procedures 236 Consumer Records Are Sought 250
Role of the Paralegal 237 Exhibit 16–6: Table of Contents
Preparing for the Deposition 237 Deposition Summary 252
Deposition Outlines 237 Exhibit 16–7: Narrative Deposition
Preparing Deponents 238 Summary 253
Deposition Summaries 239 Exhibit 16–8: Chronological Deposition
Technology and Depositions 240 Summary 254
Conclusion 240 Exhibit 16–9: Topic Deposition
Discussion Questions 241 Summary 255
Online Projects 241 Exhibit 16–10: Index Deposition
Assignments 241 Summary 255

CHAPTER 17 OBTAINING AND USING TANGIBLE EVIDENCE 257

Basic Demand for Inspection Rules 258 Organizing and Analyzing Documentary
Timing 258 Evidence 261
Format 258 Conclusion 263
Responses to Requests to Inspect 258 Discussion Questions 263
Timing 258 Online Projects 263
Format 259 Assignments 264
Enforcing the Demand 259 Exhibit 17–1: State Court Request
The Production 260 for Inspection 265
Role of the Paralegal in Inspection Exhibit 17–2: Federal Court Response
Demands 260 to Request for Inspection 267
xii CONTENTS

CHAPTER 18 INDEPENDENT MEDICAL EXAMINATIONS 269

State Court IMEs 270 The Paralegal’s Role in IMEs 273

Basic Physical IME Demand Rules 270 Conclusion 273
Basic Physical IME Response Rules 271 Discussion Questions 274
The Examination 271 Online Projects 274
The Physical IME Report 272 Assignment 274
The Mental IME 272 Exhibit 18–1: State Court Request
Other IMEs in State Court Actions 273 for IME 275
Federal Court IMEs 273 Exhibit 18–2: IME Client Instructions 276

CHAPTER 19 EXPERT WITNESS DISCOVERY 277

Expert Discovery in State Court 278 Conclusion 282

Basic Rules for State Court Demand Discussion Questions 282
for Expert Exchange 278 Online Projects 282
The Response to Demand for Exchange 279 Assignment 283
Late-disclosed Experts 280 Exhibit 19–1: State Court Demand
Expert Discovery in Federal Court 280 to Exchange Expert Lists 284
Expert Depositions 280 Exhibit 19–2: State Court Expert
Expert Depositions in State Court 281 Disclosure 285

CHAPTER 20 CALENDARING DISCOVERY 287

Limiting Discovery 287 Answer to Sample Problem 2 291

Calendaring Discovery Tools 288 Sample Problem 3 291
Interrogatories 288 Answer to Sample Problem 3 291
Depositions 288 Sample Problem 4 291
Requests for Admissions 289 Answer to Sample Problem 4 292
Demands for Inspection 289 Sample Problem 5 293
Independent Medical Examinations 289 Answer to Sample Problem 5 293
Expert Witness Disclosure 289 Conclusion 293
Sample Discovery Calendaring Problems 289 Discussion Questions 294
Sample Problem 1 290 Online Projects 294
Answer to Sample Problem 1 290 Assignments 294
Sample Problem 2 290

CHAPTER 21 LAW AND MOTION 295

Law and Motion Courts 295 Opposing Motions 301

Motions 296 Replying to the Opposition 302
General Caption and Format Rules 296 Tentative Rulings 302
Captions 297 Law and Motion Hearings 302
Scheduling the Motion 297 Orders of the Court 303
Preparing for Filing 298 Sanctions 303
Motion Structure 298 Ex Parte Motions 304
Notice 298 Form and Format of Ex Parte Motions 305
Memorandum of Points and Authorities 299 Ex Parte Orders 305
Supporting Evidence 300 Paralegals and Ex Parte Motions 306
Argument 300 Specific Types of Motions 306
Proposed Orders 301 Amending Pleadings 306
Service and Filing 301 Discovery Motions 306
 CONTENTS xiii

Motions for Reconsideration Exhibit 21–3: State Court Supporting

and Renewing Motions 307 Declaration 318
The Paralegal’s Role in Drafting Motions Exhibit 21–4: State Court Proposed Order 320
and Oppositions to Motions 307 Exhibit 21–5: State Court Separate Statement
Conclusion 308 of Deposition Questions in Dispute 322
Discussion Questions 309 Exhibit 21–6: State Court Proof of Service
Online Projects 309 of Moving Papers 324
Assignment 309 Exhibit 21–7: State Court Form: Facsimile
Exhibit 21–1: State Court Notice of Motion 313 Transmission Cover Sheet 325
Exhibit 21–2: State Court Memorandum
of Points and Authorities 315

CHAPTER 22 SUMMARY JUDGMENT 327

Grounds for Summary Judgment 328 Replying to the Opposition 334

Summary Adjudication 328 Orders 334
Advantages and Disadvantages of Summary Conclusion 335
Judgment 329 Discussion Questions 335
Form and Format of Summary Judgment Online Projects 335
Motions 330 Assignment 335
Timing Limitations 330 Exhibit 22–1: State Court Notice of Summary
Notice Requirements 330 Judgment Motion 339
Noticing the Motion 330 Exhibit 22–2: Points and Authorities in
Memorandum of Points and Authorities 331 Support of Summary Judgment 341
Supporting Evidence 331 Exhibit 22–3: Declaration in Support
Declarations 331 of Summary Judgment 344
Admissions and Discovery Responses 332 Exhibit 22–4: Statement of Undisputed
Documentary Evidence 332 Material Facts 346
Judicial Notice 333 Exhibit 22–5: Proposed Order for Summary
Separate Statement of Undisputed Fact 333 Judgment 349
Opposing Motions for Summary Judgment
and Summary Adjudication 333

CHAPTER 23 TRIAL-SETTING PROCEDURES 351

Trial-Setting Procedures in State Court 351 Assignment 356

Case Management 352 Exhibit 23–1: State Court Form: Case
Motions for Preference 352 Management Statement 358
Mandatory Settlement Conference 352 Exhibit 23–2: State Court Form: Request
Voluntary Settlement Conference 353 for Dismissal 362
CCP Section 998 353 Exhibit 23–3: Settlement Agreement
Partial Settlements 354 and Release 363
Trial-Setting Procedures in Federal Court 355 Exhibit 23–4: State Court Form: Notice
Initial Status Conferences 355 of Settlement 366
Pretrial Conferences 355 Exhibit 23–5: State Court CCP Section 998
Settlements 355 Offer 367
Conclusion 355 Exhibit 23–6: Federal Court FRCP Rule 68
Discussion Questions 356 Demand for Judgment 368
Online Projects 356
xiv CONTENTS

CHAPTER 24 ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION 369

Alternative Dispute Resolution 369 Exhibit 24–1: Alameda County

Mediation 371 Superior Court ADR Information
Voluntary Nonjudicial Arbitration 372 Package 377
Appeals from Nonjudicial Arbitration 373 Exhibit 24–2: Los Angeles County Mediation
Judicial Arbitration 373 Confidentiality Agreement 383
Assignment to Arbitration 373 Exhibit 24–3: Notice of Evidence to Be
Assignment of an Arbitrator 373 Offered at Arbitration 384
The Arbitration 373 Exhibit 24–4: Declaration Re: Evidence
Trial de Novo 375 for Arbitration 385
Conclusion 375 Exhibit 24–5: Arbitrator’s Award for
Discussion Questions 376 Los Angeles Superior Court 387
Online Projects 376
Assignment 376

CHAPTER 25 TRIAL PREPARATION 389

Anticipating the Trial Date 390 A Word about the “Paperless Office” 399
The Trial Strategy Memorandum 390 Conclusion 399
Four Stages of Trial Preparation 391 Discussion Questions 400
Reviewing Existing Workproduct 391 Online Projects 400
Document Organization 392 Assignments 400
Workproduct Review 392 Exhibit 25–1: State Court Trial Preparation
Deposition Summaries 393 Calendar 401
Legal Memoranda 393 Exhibit 25–2: State Court Form: Civil
Creating New Workproduct for Trial Use 393 Subpoena 402
Witness-Related Workproduct 393 Exhibit 25–3: State Court Form: Subpoena
Tangible Evidence 394 (Duces Tecum) 404
Demonstrative Evidence 395 Exhibit 25–4: Jury Chart 407
Compelling Attendance of Witnesses and Exhibit 25–5: Witness Examination
Production of Evidence at Trial 396 Outline 408
Jury Fees 397 Exhibit 25–6: Exhibit Foundation/Admission
Preparation of the Trial Book 397 Form 408

CHAPTER 26 TRIAL PROCEDURES 409

Assignment to Trial Department 409 Recusal 412

“Trailing” for Trial 410 Pretrial Conference 412
Challenging the Trial Judge 410 Pretrial Conferences in Master
Peremptory Challenges of State Court Calendar Jurisdictions 412
Judges 410 Pretrial Conferences in Direct Calendar
CCP Section 170.6 Challenges in Master Jurisdictions 413
Calendar Jurisdictions 411 Pretrial Conferences in Federal
CCP Section 170.6 Challenges in Direct Court 413
Calendar Jurisdictions 411 Pretrial Conferences for Bench
Challenging the Trial Judge Trials 414
for Cause 411 Issues for Pretrial Resolution 414
State Court Challenges for Cause 412 Motions in Limine 414
Federal Court Challenges for Jury Instructions 415
Cause 412 Jury Selection 416
 CONTENTS xv

The Trial 417 Online Projects 419

Opening Statements 417 Assignments 420
Dispositive Motions 417 Exhibit 26–1: Sample Jury
Trial Motions 417 Instruction 421
The Evidentiary Portion of Trial 417 Exhibit 26–2: Juror Questionnaire 422
Concluding the Trial 418 Exhibit 26–3: Exhibit Admission
Conclusion 419 Form 428
Discussion Questions 419

CHAPTER 27 JUDGMENTS AND POST-TRIAL MOTIONS 429

The Judgment in State Court 429 Conclusion 435

Post-Trial Motions in State Court 430 Discussion Questions 435
Motions for Fees and Costs 430 Online Projects 435
Motion for Judgment Notwithstanding Assignments 435
the Verdict 430 Exhibit 27–1: Notice of Entry of State
Motions for New Trial and to Vacate Court Judgment 437
the Judgment 432 Exhibit 27–2: State Court
Considering Post-Trial Motions 432 Judgment 438
Form and Format of Post-Trial Exhibit 27–3: State Court Judicial
Motions 433 Form Memorandum of Costs
Post-Trial Motions in Federal (Worksheet) 440
Court 434 Exhibit 27–4: State Court Judicial
The Paralegal’s Role in Post-Trial Form Memorandum of Costs
Motions 434 (Summary) 443

CHAPTER 28 APPEALS 445

Standards of Review 445 Appeals from the Federal District Courts 455
Appeals from State Trial Courts 446 Record on Appeal 455
Appeal Bonds 447 Presenting the Appeal 456
Appeals from Unlimited Civil Case Appeal to the United States Supreme
Judgments 447 Court 456
The Notice of Appeal 447 The Appellate Paralegal’s Role 457
Preparing the Record 448 Conclusion 457
The Reporter’s Transcript 448 Discussion Questions 458
The Clerk’s Transcript 449 Online Projects 458
Agreed Statement 451 Assignment 458
Settled Statements 451 Exhibit 28–1: State Court Form: Notice
Briefing the Appeal: Form of Appeal 459
and Format 452 Exhibit 28–2: State Appellate Court
Appeals from Judgments in Limited Form: Civil Case Information
Civil Cases 453 Statement 460
Petition for Review by the California Exhibit 28–3: State Court Form: Notice
Supreme Court 454 Designating Record on Appeal 462
xvi CONTENTS

CHAPTER 29 PROVISIONAL REMEDIES AND EXTRAORDINARY WRITS 465

Provisional Remedies 465 Exhibit 29–1: Federal Court Temporary

Injunctions 465 Restraining Order and Order to Show
Receiverships 467 Cause 473
Claim and Delivery 468 Exhibit 29–2: State Court Official Form
Attachment 469 Ex Parte Application for Writ of
Extraordinary Writs 469 Attachment 475
Writ of Mandamus 469 Exhibit 29–3: State Court Official Form
Writ of Administrative Mandamus 470 Notice of Application for Writ of
Writ of Prohibition 470 Attachment 477
Writ of Certiorari 470 Exhibit 29–4: State Court Official Form
The Paralegal’s Role in Obtaining Application for Writ of Attachment 480
Provisional Remedies and Writ Exhibit 29–5: State Court Official Form
Practice 470 Order for Writ of Attachment 483
Conclusion 471 Exhibit 29–6: Superior Court Petition
Discussion Questions 471 for Writ of Administrative
Online Projects 471 Mandate 485
Assignment 472

APPENDIX 489

GLOSSARY 503

INDEX 511
 CHAPTER

1
P R E F A C E

This text was inspired by my civil litigation practice, where I supervised 1 to 70 parale-
gals at a time, and my experience teaching paralegals at St. Mary’s College and what is
now California State University East Bay. I wanted my students to have the fundamental
knowledge of the profession, as well as the practical experience they would need as
practicing paralegals.
One obstacle to teaching litigation to paralegals effectively was the complete lack of
state-specific comprehensive texts designed for paralegals and paralegal students. Paralegal
students need a textbook that provides the information simply but with enough con-
text and detail to guide them in preparing the workproduct that they will produce on
the job. They need real-time experiences through guided on-line research that they can
apply to challenging problems. Above all, students need a textbook that gives them the
skills and self-confidence they need to be productive on the first day at work.
This book meets those needs. It offers students a comprehensible and comprehen-
sive explanation of relevant legal principles and their practical applications. It stresses
the importance of high professional standards for all paralegals, while offering challeng-
ing, realistic workproduct experiences to build student skills and confidence.
This is not a practice book, nor is it a research or form book. Once the concepts in
this text are understood, students should refer to standard legal research sources for the
answers to specific questions. Since the law is in constant change, no rule in this book
should be relied upon for any service provided to any client.
The text is designed to be used on its own, or with the Study Guide, which pro-
vides review, self-study, research projects, and alternative assignments. The Online
Companion (description follows) offers even more related work produced and informa-
tion for student reviews.
Each chapter covers a chronological step in the litigation process; introductory
chapters for pleadings and discovery introduce those areas of practice before focusing
on each aspect individually. Each chapter is designed to achieve specific learning objec-
tives, which are summarized at the beginning of the chapter. Key terms in boldface type
are defined in the paragraphs in which they appear and also in the marginal glossaries
and the book Glossary to enhance learning.
Most chapters also contain Exhibits that present forms or examples of the work-
product reflecting specific aspects of practice. Again, these Exhibits are simply illustra-
tive; they are not to be copied or used as guides or forms in practice.
Discussion Questions follow the text material. They may appear simple but involve
complicated ideas, careful thought, and thorough analysis.
After the Discussion Questions, each chapter provides Online Projects, which are
assignments involving Internet research. Some may involve locating and preparing a
form from an official judicial Web site. Others may involve locating articles on specific
topics or visiting the Web sites and databases of local jurisdictions. All reflect the types
of research and problem solving that working paralegals do every day.

xvii
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 Music - Case Study
Third 2024 - Department

Prepared by: Assistant Prof. Williams

Date: July 28, 2025

Introduction 1: Statistical analysis and interpretation

Learning Objective 1: Experimental procedures and results
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Learning Objective 2: Study tips and learning strategies
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Learning Objective 3: Best practices and recommendations
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Learning Objective 4: Interdisciplinary approaches
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 4: Diagram/Chart/Graph]
Learning Objective 5: Assessment criteria and rubrics
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 5: Interdisciplinary approaches
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Statistical analysis and interpretation
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Literature review and discussion
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Practice Problem 8: Comparative analysis and synthesis
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 9: Research findings and conclusions
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Appendix 2: Research findings and conclusions
Important: Experimental procedures and results
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Remember: Historical development and evolution
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 12: Experimental procedures and results
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Assessment criteria and rubrics
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Key terms and definitions
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 15: Diagram/Chart/Graph]
Practice Problem 15: Current trends and future directions
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Fundamental concepts and principles
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 17: Key terms and definitions
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Theoretical framework and methodology
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 19: Critical analysis and evaluation
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Lesson 3: Comparative analysis and synthesis
Note: Critical analysis and evaluation
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 21: Study tips and learning strategies
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 22: Diagram/Chart/Graph]
Important: Problem-solving strategies and techniques
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Note: Learning outcomes and objectives
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 24: Theoretical framework and methodology
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 25: Current trends and future directions
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 26: Diagram/Chart/Graph]
Key Concept: Study tips and learning strategies
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Practice Problem 27: Critical analysis and evaluation
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Assessment criteria and rubrics
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Practical applications and examples
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
[Figure 30: Diagram/Chart/Graph]
Introduction 4: Practical applications and examples
Remember: Research findings and conclusions
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 31: Current trends and future directions
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Case studies and real-world applications
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 33: Problem-solving strategies and techniques
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Research findings and conclusions
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Remember: Historical development and evolution
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 36: Diagram/Chart/Graph]
Key Concept: Interdisciplinary approaches
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Research findings and conclusions
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Ethical considerations and implications
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 39: Diagram/Chart/Graph]
Example 39: Key terms and definitions
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Results 5: Interdisciplinary approaches
Remember: Fundamental concepts and principles
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Example 41: Literature review and discussion
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Learning outcomes and objectives
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Current trends and future directions
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 44: Ethical considerations and implications
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 45: Diagram/Chart/Graph]
Definition: Comparative analysis and synthesis
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 46: Best practices and recommendations
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 47: Diagram/Chart/Graph]
Remember: Historical development and evolution
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Interdisciplinary approaches
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Practical applications and examples
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
References 6: Literature review and discussion
Key Concept: Study tips and learning strategies
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 51: Diagram/Chart/Graph]
Definition: Comparative analysis and synthesis
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Experimental procedures and results
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Research findings and conclusions
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 54: Diagram/Chart/Graph]
Definition: Assessment criteria and rubrics
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 55: Problem-solving strategies and techniques
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Study tips and learning strategies
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 57: Current trends and future directions
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Current trends and future directions
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Important: Best practices and recommendations
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Conclusion 7: Study tips and learning strategies
Remember: Historical development and evolution
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 61: Current trends and future directions
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 62: Diagram/Chart/Graph]
Important: Fundamental concepts and principles
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Example 63: Statistical analysis and interpretation
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 64: Diagram/Chart/Graph]
Example 64: Statistical analysis and interpretation
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Statistical analysis and interpretation
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 66: Fundamental concepts and principles
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 67: Diagram/Chart/Graph]
Important: Ethical considerations and implications
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Comparative analysis and synthesis
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 69: Diagram/Chart/Graph]
Example 69: Research findings and conclusions
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 70: Diagram/Chart/Graph]
Practice 8: Comparative analysis and synthesis
Remember: Assessment criteria and rubrics
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
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