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Extra resources for Civil Procedure & Litigation: A Practical Approach (Paralegal)

Sample text

Federal judges and state court appellate judges also have one or more law clerks on staff, typically recent law graduates who are hired to do legal research and help write opinions. The judge’s secretary and clerical staff are important people in litigation, because they are responsible for keeping the judge’s calendar and scheduling most routine activity in the case. ) from engaging in ex parte communications with the judge about a pending lawsuit—that is, speaking to the judge without the opposing attorney having an opportunity to participate.

There are procedures designed to help that allow the winning party to obtain information about what assets the loser has and where they are located; impose and foreclose liens on those assets; and obtain the assistance of the police or sheriff in seizing and selling assets. A LT E R N AT I V E PAT H S Lawsuits involve complicated procedures, cost enormous amounts of money, and sometimes take years to resolve. Surely, you might ask, there must be better ways of resolving disputes? In fact, many court systems now actively encourage various forms of ADR— alternative dispute resolution.

Motion practice a. takes place primarily during a trial. b. facilitates the resolution of disputes that arise between parties. c. is a procedure used to locate evidence before trial. d. goes on between the parties but does not involve a judge. 7. Pretrial practice a. is relatively simple in most cases. b. helps ensure that parties are prepared for trial. c. encourages parties to make a reasonable effort toward settlement. d. b and c. 3. The civil system a. deal with offenses that damage society as a whole.

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