Chapter 9

Question 1

Complaint/Petition

Answer 1

Paperwork filed with the court by the Plaintiff to initiate a civil proceeding (in federal court. In Texas it is a Petition)

Question 2

2 schools of thought about drafting a complaint/petition

Answer 2

1. Throw everything in the complaint

2. Choose strongest points

Question 3

Discovery

Answer 3

1. Occurs after pleading filed (or sometimes simultaneous with complaint
2. Phase that will make or break a case as it exposes strengths and weaknesses in cases when utilized correctly
3. Paralegals play a large role in discovery- drafting questions and responses, calendaring deadlines, communicating with clients, and gathering information

Question 4

Judgment

Answer 4

The court’s final decision regarding the rights and claims of the parties to a lawsuit

Question 5

Settlement

Answer 5

An out-of-court resolution of the dispute

Question 6

Elements of Pretrial Settlements

Answer 6

1. Out-of-court resolution of the dispute
2. Reached in most cases
3. In the interest of both parties to settle
   a. Save time and money
4. Must work on the assumption that the case will go to trial
5. All pretrial preparation must be completed

Question 7

Procedural Requirements (4 elements)

Answer 7

1. Essential in the litigation process
2. Set out in the procedural rules of each court
   a. FRCP/FRAP/FRE in federal courts
   b. Rules specify what must be done in various stages
3. Each state has its own rules of civil procedure (TRCP/TRAP/TRE)
4. Each court also has its own rules (local rules)

Question 8

Local Rules

Answer 8

The rules specific to each court

Question 9

The Initial Client Interview (3 elements)

Answer 9

1. Most often conducted by the attorney
   a. Explain his services
   b.

Question 10

Creating the Litigation File

Answer 10

1. Organization
   a. 3 goals
   i. Preserve confidentiality
   ii. Safeguard legal documents
   iii. Easily and quickly retrievable
2. Litigation Files
   a. Comprehensive record of the case
   b. Must be well organized

Question 11

The Complaint (Pleading)

Answer 11

Each party is informed of the claims made by the other and specify the issues (disputed questions) involved in the case

Question 12

Answer to the complaint

Answer 12

The other sides response to the complaint

Question 13

Caption

Answer 13

The heading, which identifies the name of the court, the title of the action, the names of the parties, the type of document, and the court’s file number (added by the court)

Question 14

Allegations

Answer 14

An assertion, claim, or statement made by one party in a pleading that sets out what the party expects to prove to the court; must allege court has jurisdiction over case and explain how/why

Question 15

General allegations

Answer 15

The body of the complaint

Question 16

Prayer for Relief

Answer 16

Indicates the relief desired

Question 17

Affidavits

Answer 17

Sworn statements attesting to the existence of certain facts

Question 18

Signature

Answer 18

Attorney signs and certifies that he/she has read the complaint and that the facts alleged are true to the best of his or her knowledge

Question 19

Demand for a Jury Trial (Pleading)

Answer 19

Demand for a Jury Trial

Question 20

Filing the Complaint

Answer 20

1. Traditional Method of Filing
   a. Copies hand delivered to court clerk (with copies)
   b. Filing fee
2. E-Filing
   a. Reduced time and paperwork
   b. 24 hours a day

Question 21

Service of Process

Answer 21

Official process of delivering complaint to defendant

Question 22

Summons

Answer 22

Identifies the parties to the lawsuit, as well as the court in which the case will be heard, and directs the defendant to respond to the complaint within a specified period of time

Question 23

Alternative service methods

Answer 23

Any method of service allowed by law in place of personal service; AKA substituted service

Question 24

Return of service

Answer 24

Proof of service

Question 25

Summons has to be done by (2 ways):

Answer 25

1. Private process server

2. Constable

Question 26

Substituted service is only done:

Answer 26

1. As a last resort

2. With the permission of the court

Question 27

Types of Substituted Service

Answer 27

1. Publication
2. Leaving with someone over the age of 14
3. Leaving on the door

Question 28

Waiver

Answer 28

An Affidavit the defendant can sign to waive service of process

Question 29

Complaint/Petition

Answer 29

Paperwork filed with the court by the Plaintiff to initiate a civil proceeding (in federal court. In Texas it is called a Petition)