Questions and Answers of Fundamentals Of California

What do we mean by the term “relevant evidence”?
What types of relevant evidence are excluded based on policy reasons? What are the policy reasons behind excluding such evidence?
What are the three elements necessary for determining whether a statement is “hearsay”?
There are several exceptions to the hearsay rule. Identify at least three exceptions and give an example of each.
Why are communications between a lawyer and the client subject to the lawyer-client privilege?
What does “judicial notice” mean? Can you give an example of a fact that the court may be able to take judicial notice of?
How might a witness’s statement be impeached?
Recall, even if evidence is relevant under the general relevance test, there may be special rules that preclude the introduction of the evidence. In addition to a person’s character or habits, what
Some states do not follow the Federal Rules of evidence. For instance, although permitted under Federal Rules, evidence of prior bad acts to attack a witness’s credibility is not allowed in some
Find a case in California that discusses the hearsay exception. What did the court rule?
Communication between spouses to the other during a valid marriage is privileged. Just as with hearsay, however, there are notable exceptions. Investigate the California Evidence Code §§980-987 and
What discovery devices you may use to obtain facts?
How you may use computers for litigation support?
What the paralegal’s role is in discovery?
When to use different discovery devices?
What is the scope of the discovery?
What electronic information is discoverable?
Identify the six different discovery devices. What is the purpose of each device?
How can computers be used to assist in the litigation process?
What does “relevance” mean in the context of discovery?
Why are insurance policies held by the parties discoverable?
Identify the seven steps for discovery planning.
Recall, requests for admission are written statements that force a party to admit or deny a fact or a document’s genuineness. Further investigate CCP §§2033.010-2033.080, which govern requests
Review the California form interrogatories for particular civil cases at www.courts.ca.gov/formsrules.htm. Are these questions helpful in developing your own set of interrogatories in a case?
Locate an expert in the area of products liability who resides in California. Are there websites that provide a directory of experts in California who can testify in civil litigation cases?
How to draft the different forms of written discovery?
What type of documents can be obtained through document requests?
When a discovery motion may be necessary?
Identify the six different discovery devices. What is the purpose of each device?
How can computers be used to assist in the litigation process?
Identify at least three grounds a party may have for objecting to interrogatories.
What is a protective order? Why is it important to move for a protective order as quickly as possible?
Why is it sometimes necessary to serve a subpoena for production of documents?
Why is it necessary to sometimes “redact” portions of a document that is produced to the opposing side?
What items of information must be included in a notice of deposition?
If you are preparing a client for a deposition, what rules for responding to deposition questions should you review with the client?
Find sample interrogatories propounded in California state courts and in federal court cases. Are there any striking differences between the two?
Recall, a party served with a request to produce usually must respond within 30 days of service of the request.Further investigate CCP §§2031.210-2031.320, which governs responses to requests to
Find a case in California that discusses discovery abuse. What was the abuse? Were there sanctions given by the court against one party for the abuse?
How to prepare a witness for deposition?
What questions to ask a witness in a deposition?
Who can attend a deposition?
How to prepare a deposition summary in different ways?
What are the different ways a deposition summary may be prepared?
What items of information must be included in a notice of deposition?
If you are preparing a client for a deposition, what rules for responding to deposition questions should you review with the client?
What are the six steps you should take as a paralegal to prepare for the deposition?
What are the two purposes of taking a deposition?
What are the advantages and disadvantages of taking a deposition?
Although not accompanied by an affidavit showing good cause, a subpoena that requests a nonparty to appear and testify at a deposition must be accompanied by witness fees and mileage costs, as set
Find a video on deposition preparation that is available online. As a paralegal, how can you assist in preparing a client for deposition?
When to use a settlement brochure?
How to draft a settlement agreement?
What the different types of settlement agreements are?
How to enforce a settlement agreement?
What are the three basic steps involved in settling a case? How can the paralegal assist the lawyer with each of these steps?
What is included in a settlement brochure? Why is such a brochure popular in personal injury actions?
What are the differences between a “release” and a “covenant not to sue”?
What are the advantages to making a CCP §998 offer?
How can a plaintiff enforce a settlement agreement made by the defendant?
Find a sample settlement agreement. Of those covered in this chapter, what type of settlement agreement did you find?
Locate a sample settlement brochure. What type of case are settlement brochures best used for?
Investigate what “costs” are recoverable under California court rules.
How to draft a pretrial memorandum?
How to organize litigation files for trial?
What items must be included in a trial notebook?
Why developing a theory of the case is important?
How to prepare witnesses for trial?
How to prepare exhibits for trial?
What the paralegal’s role is during trial?
What tasks must be performed if a party files an appeal?
Identify the two ways that trial material may be organized. What are the advantages and disadvantages of each method?
What does the phrase “theory of the case” mean? Why is it important to develop a theory of the case in advance of trial?
Why is it necessary to serve nonparty witnesses with a subpoena to appear at trial?
How can a paralegal assist a lawyer with the voir dire of the jury?
What is the role of the paralegal during trial? What ethical considerations should govern your conduct during the trial?
What is the process for starting an appeal?
Why is it important to keep a chart of all deadlines during the appellate process?
Determine if pretrial conferences are required or authorized in California. Are there special rules in California that must be followed?
Locate a sample pretrial order. What does the sample you located include? How does it compare with the sample provided in Exhibit 17.2?
Find an article on tips for jury selection. What tips are provided? Are the tips helpful for determining questions to ask during jury voir dire?
Locate an article that discusses organization of trial materials. How can these materials be organized electronically?
How to draft a demand letter?
Why you should record an abstract of judgment?
When you should file a notice of lien?
What the differences are between a till tap, a keeper, and a bank levy?
How to locate assets of the debtor?
What is the purpose of an abstract of judgment? Why is an abstract of judgment an effective way to enforce a judgment?
What is a “writ of execution”?
Identify the differences between a till tap and the installation of a keeper. What are the advantages and disadvantages of each?
How can a judgment creditor obtain funds in a judgment debtor’s bank account?
Identify at least three ways you can obtain information about the location of the debtor’s assets.
Locate questions that can be used during a debtor’s examination once a judgment is obtained. Try to find questions specific to California, as many states have limits on the types of questions that
Further investigate CCP §697.060 to determine how an abstract of judgment is recorded in California.
Look over the Judicial Council form for an Abstract of Judgment in California, provided in Exhibit 18.2. Once you fill out the form, find out how you file and record it.
What the differences are between arbitration and mediation?
How to submit a claim to private arbitration?
Why parties may wish to arbitrate a claim?
When parties must arbitrate their disputes?
What are the differences between judicial and nonjudicial arbitration?

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