LAUREN MAPLE

PARA C210
WEEK ONE CHPT. ASSIGNMENT 1 & 2
REVIEW QUESTIONS CHPT 1:
#2.) The Ca. court system is structured from The Supreme Court at the highest
court level and The Superior Court at the lowest level. The Court of Appeals is in
the middle of them.
#5.) Four ways an appeal can be decided is to affirm, affirm with modifications,
reverse, and reverse and remand (send it back).
#6.) Four stages of the litigation process are filing a complaint, serving a summons,
discovery and pretrial, trial and appeal.
#8.) Paralegals should adhere to all the same ethical rules and codes an attorney
would, but they are required to follow the Ca. Business and Professional Codes,
which are laws put in to place that can be punishable by jail if found in violation.

REVIEW QUESTIONS CHPT. 2:

#1.) The difference between a cause of action and an affirmation defense is that
the cause of action is the relief a plaintiff is asking to be recovered and an
affirmation defense is a pleading by the defense to dismiss the plaintiffs cause of
action.
#5.) The goal that should be accomplished from a witness interview is to gather
facts and corroborate the client’s version of events, learn what they know or do
not know, get specific, admissible facts, discredit witnesses, get leads to other
witnesses, get recorded or written statements. Some question asking techniques
are to ask open ended questions such as, “why don’t you tell me what happened
in your own words”, then follow up with specific focused questions. Also, try to
lock a witness in to something with answers like “I didn’t really see what
happened.”
#6.) The difference between negligence and a breach of contract is that
negligence is an implied duty of care whereas a breach of contract is when two or
more people enter into a binding agreement and one or more of those people fail
to meet their part of that agreement.
#7.) The statute of limitations is a time frame given after a breach of contract or
negligence has occurred in which a complaint can be filed for recovery. If the
statute of limitations has run out then no legal action can be taken. In CA the
statute of limitations for a negligence complaint to be file is one year from the
date the incident or injury occurred.
#8.) As many documents that can be obtained prior to filing a complaint should be
obtained. Everything that may or may not be relevant should be collected and can
be reviewed later. Have the client sign records releases for employment and
medical records and billing. Make proper request for public records for any police
reports, or statements made by public officials. Doing this prior to filing the
complaint means the opposing party will not has access to them immediately
through discovery.