Thomas had been stolen. Thomas was arrested for the stolen vehicle and assault on a police officer. Although Thomas had some scrapes on his face from where he had fallen, he was not taken to the hospital as the scrapes did not appear serious. The criminal charges against Thomas have recently been dropped by the County Attorney’s office, due to some procedural problems. Last week the City of Tannerville received a complaint filed by Thomas for violation of his civil rights. The complaint alleges that Thomas is entitled to an award of damages under 42 U.S.C. §1983 because the police officers used an unreasonable use of force during the arrest of Thomas. CHAPTER ONE INTRODUCTION TO LITIGATION CHAPTER OBJECTIVES Civil litigation is governed by a detailed set of rules that are explained in each chapter of the text. However, before studying the rules that govern the specific aspects of litigation, you need to be familiar with the litigation process. This familiarity includes knowing where to find the law governing litigation matters, which courts handle particular types of litigation, and what remedies can be awarded to a plaintiff in a litigation action. Before beginning the exercises, review the specific objectives for this chapter of the text. What the differences are between civil litigation and other types of litigation to find the law applicable to litigation matters How the court system is structured How a case moves through the litigation process What types of remedies an aggrieved party may seek from the court What the paralegal's role is in the litigation process What the ethical standards are that paralegals must follow KEY TERMS Affirm Affirm with modification Answer Cases Civil litigation Common law
5. What are some of the methods you can use to record a client interview? What methods do you think work best? What methods do you think work least well? Explain your answers. 6. Other than obtaining information, what are some of the goals of a client interview? How can you ensure that some of these goals are met during the interview? 7. There are a variety of interviewing techniques that may be used depending upon the nature of the interview and the character of the witness. What are the types of interviewing techniques that can be used? If you have a hostile witness, what type of questionasking techniques should you use to ascertain information from an unwilling witness? 8. Besides asking questions, the interviewer must also be an effective listener. Listening can be both passive and active. Passive listening includes simple gestures such as
Attorney's lien Contingency fee agreement Costs Dispositive motions flat fee Hourly rate Notice and claims provisions Retainer fee Settlement Theory of the case TESTING YOUR COMPREHENSION Test your comprehension of Chapter 3 by answering each of the following questions. Circle true or for each answer. Although the answers may be found in the main text, try to answer each questions before referring to the text. 1. T F The terms of the attorneyclient relationship should be formally established with a written agreement. 2. T F A contingency fee arrangement is where the lawyer receives a percentage of the recovery received by the client. 3. T F A lawyer's fee includes outofpocket expenses incurred by a lawyer on behalf of the client. 4. T F A retainer is the hourly fee paid by the client to the lawyer. 5. T F A litigation plan is not necessary for most cases since you and the lawyer will already have defined the client's objectives after the initial client interview. 6. T F Statutory notice requirements must be complied with or else suit will be barred. 7. T F If a is based upon breach of contract, a notice to sue is never necessary. 8. T F If a contract contains an arbitration clause, the dispute must be submitted to arbitration. 9. T F Administrative procedures usually must be exhausted before claims may be brought in court against governmental bodies. 10. T F Minors and incompetents can sue either individually or through legal guardians. trial