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Tag: Civil Procedures

Interviewing and Investigating

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Paralegal Key Skills.

Understanding Interviews and Investigational Skills

This is an introduction to the process of interviewing and
investigating in the legal field, emphasizing the importance of factual
analysis, comprehension of the law, and evaluation of information in legal
investigations. It outlines the three steps involved in factual analysis:
understanding the law and facts discovered, evaluating the reliability of the
facts, and applying the facts to legal issues. The importance of evaluating
information, including examining reliability, speculation, and verifiability,
is also discussed.

  • Affirmative defense
  • Arbitration
  • Discovery
  • Factual Analysis
  • Immunity
  • Indemnity
  • Legal Relevance
  • Mediation
  • Negotiation
  • Paralegal
  • Subject matter jurisdiction
  • Venue
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Part 2 - Key Terms

Part 3 - Key Terms

Part 4 - Key Terms

Part 5 - Q & A Examples

Paralegals are the backbone of the legal system, providing invaluable support and expertise to attorneys

- James Thomson

Citations:

Parsons, Stephen P., Interviewing and Investigating: Essential Skills for the Paralegal, Eighth Edition, Aspen Publishers (2021)

Pleadings

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The Pleadings.

Understanding Civil Law in Florida: A Comprehensive Guide

The term 'pleadings' is often misused to refer to all documents submitted to the court, but it actually has a more specific meaning. In a lawsuit, 'pleadings' are limited to the filings that outline the allegations and causes of action of the plaintiff, or the responses, defenses, and counterclaims of the defendant. This distinction becomes important under the Florida Rules of Civil Procedure, as certain motions, like a motion to dismiss for failure to state a cause of action, are specifically directed towards the 'pleadings' and may not take into account other submissions such as exhibits or depositions.

  • The Complaint
  • Answer
  • Responsive Motions
  • Counterclaims
  • Crossclaims and Third-Party Claims
  • Amendment

In some cases, a complaint can present multiple counts or state different causes of action that may be inconsistent - this practice is referred to as pleading 'in the alternative.' The conduct in question may be able to support more than one cause of action, depending on the findings of discovery. It is possible for a party to plead claims that are contradictory to each other. This is due to the fact that pleadings in a case serve as a preliminary outline of the party's stance before all facts are fully revealed. As noted in the case of Hines v. Trager Constr. Co., 188 So. 2d 826, 831 (Fla. 1st DCA), cert. denied, 194 So. 2d 618 (Fla. 1966), this principle also extends to defendants. Consequently, a defendant has the right to present defenses that may be conflicting with one another.

Upon receipt of the initial pleading, the defendant (or respondent) is required to provide a response. The defendant has various options available at this point. The defendant must file an answer to address each allegation in the complaint and may include one or more defenses (Fla. R. Civ. P. 1.110(c)). According to the rules of civil procedure, any 'affirmative defenses' must be raised in a responsive pleading or motion to dismiss; otherwise, they will be forfeited (Fla. R. Civ. P. 1.110(d)). Affirmative defenses refer to those defenses that 'avoid' rather than deny the allegations. For instance, the statute of limitations is an affirmative defense where the defendant argues that even if the alleged acts are true, the plaintiff's claim is invalid due to a failure to file within the required timeframe. This defense 'avoids' rather than denies the claim.

Instead of or in addition to responding with an answer, the defendant has the option to challenge the legal validity of the plaintiff's claims in accordance with Fla. R. Civ. P. 1.140. These procedures also extend to counterclaims, crossclaims, and third-party claims. It is important to note that this challenge is not considered a formal pleading. The defendant can argue that the complaint does not establish a valid legal basis for a claim, meaning that even if the facts in the complaint are true, there is no legally recognized cause of action. Refer to Fla. R. Civ. P. 1.140(b)(6). A defendant also may move for ‘a more definite statement’ if the pleading is so vague or ambiguous that the defendant cannot frame a sufficient response to it Fla. R. Civ. P. 1.140(e). or it may move to ‘strike’ portions as ‘redundant, immaterial, impertinent or scandalous.’ Fla. R. Civ. P. 1.140(f).

Additionally to submitting a responsive pleading, a defendant has the option to file a counterclaim, which functions similarly to a complaint, with the difference being that the defendant becomes the counterclaim plaintiff. This means that a counterclaim includes factual allegations, legal claims, and a request for relief, akin to a complaint. The counterclaim must be addressed by the 'counterclaim defendant,' who was originally the plaintiff in the initial complaint. Refer to Fla. R. Civ. P. 1.100(a) and 1.110(c) for further details.

In accordance with Florida Rule of Civil Procedure 1.170(g), a defendant has the option to initiate a crossclaim against another defendant or to file a third-party complaint against a nonparty as outlined in Florida Rule of Civil Procedure 1.170(h). Both crossclaims and third-party claims must contain factual allegations, legal claims, and requests for relief. Additionally, the crossclaim or third-party defendants are required to provide a response as mandated by Florida Rule of Civil Procedure 1.100(a).

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Amendment

According to Fla. R. Civ. P. 1.190(a), a party has the right to amend their pleading once if there has been no responsive pleading. However, if a responsive pleading has been filed, the party must obtain leave of court or written consent from the other party. Leave of court is granted freely when it is in the interest of justice. It is common for parties to amend their pleadings to address deficiencies pointed out in a motion to dismiss. Amendments may even be permitted after a trial under certain circumstances, as stated in Fla. R. Civ. P. 1.190(b).

Paralegals are the backbone of the legal system, providing invaluable support and expertise to attorneys

- James Thomson
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Click here to view a short video about pleadings

Citations:

Part of this article was taken from "The Reporter’s Guide to a Civil Lawsuit, by: Susan Tillotson Bunch".

Do You Think, You Know Your Civil Rights?

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Civil law in Florida

Understanding Civil Law in Florida: A Comprehensive Guide

Civil law in Florida encompasses a broad spectrum of legal matters that govern relationships between individuals, businesses, and organizations. As a crucial component of Florida's legal system, civil law provides the framework for resolving disputes and protecting rights through non-criminal proceedings. This comprehensive guide explores the fundamental aspects of Florida civil law and its impact on residents and businesses.

What is Civil Law in Florida?Â

Civil law in Florida refers to the body of laws that deal with private rights and remedies. Unlike criminal law, which involves prosecution by the state for criminal offenses, civil law focuses on disputes between parties seeking compensation or specific legal remedies. According to the Florida Bar Association, civil cases make up approximately 70% of all court proceedings in the state.

  • Contract Disputes in Florida
  • Personal Injury Law in Florida
  • Property Law in Florida
  • Family Law in Florida

One of the most common areas of civil law in Florida involves contract disputes. Whether between businesses or individuals, these cases typically arise when one party fails to fulfill their contractual obligations. The Florida Civil Practice Law and Rules provide specific guidelines for handling contract-related litigation, including breach of contract claims and contract enforcement..

Florida's civil law system plays a vital role in personal injury cases. These matters involve situations where one party seeks compensation for injuries caused by another's negligence. According to the Florida Justice Association, personal injury claims must typically be filed within four years of the incident, as per Florida's statute of limitations.

Real estate and property disputes represent another significant aspect of civil law in Florida. These cases may involve:

* Property boundary disputes

* Landlord-tenant conflicts

* Real estate transaction disagreements

* Homeowners association disputes

While technically a subset of civil law, family law in Florida addresses matters such as:

* Divorce proceedings

* Child custody arrangements

* Alimony and child support

* Adoption processes

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The Civil Court System in Florida

Florida's civil court system is structured hierarchically, with different courts handling cases based on the amount in controversy and subject matter. The Florida Courts website outlines the following structure:

* County Court

* Civil Court

Alternative Dispute Resolution in Florida

Florida's civil law system encourages alternative dispute resolution (ADR) methods. The Florida Supreme Court's Alternative Dispute Resolution

Recent Developments in Florida Civil Law

Recent changes to Florida civil law include updates to: * Small claims court jurisdictional limits * Electronic filing requirements * Remote court appearance procedures * Statute of limitations modifications

Conclusion

Civil law in Florida represents a complex and evolving system designed to resolve disputes and protect individual rights. Whether dealing with contract disputes, personal injury claims, or property matters, understanding the basics of civil law is essential for Florida residents and businesses. While the system may seem daunting, various resources and legal professionals are available to help navigate civil legal matters effectively. For specific legal advice or assistance with civil law matters in Florida, consulting with qualified legal professionals is recommended. The Florida Bar Association provides referral services to help individuals find appropriate legal representation.

Paralegals are the backbone of the legal system, providing invaluable support and expertise to attorneys

- James Thomson
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Justice for All - Gavel

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