BPC High Distinction Civil Litigation Index Notes
2023/2024
Ethics - ANSWER Acceptable standards of conduct
Paralegals do NOT practice law.
Conduct os for the entire firm to uphold.
Paralegal cannot gie legal advice, appear in courts, or give impression that they are
an attorney.
Clients must be informed that you're not an attorney.
Fiduciary relationship - ANSWER One is under the duty to act for the benefit of
another in the scope of the relationship (trust).
Conflicts of Interest - ANSWER During initial intake, must be cautious of what info is
taken in case you already represent the opponent.
Let attorney know that there may be a conflict.
Everyone on e office has the responsibility of confidentiality.
Everyone is responsible to promote and practice mutual respect, honesty, and
fairness to both sides.
Cannot work with a client that you know personally.
Retainer agreements - ANSWER Contract between the attorney and the client.
Lists price set by attorney and what the client is to expect.
Getting authority ahead of time, in case of settlement.
Clients are aware of the division of settlement dispensing.
Are specific depending on the matter.
Diversity Of Citizenship - ANSWER Diversity of citizenship is one of the factors that
will allow a federal district court to exercise its authority to hear a lawsuit. This
authority is called diversity jurisdiction.
Sources of Law - ANSWER Constitution
- executive, legislative, judicial
Statutes
administrative Rules and Regulations
- IRS, Social Security admin.
Case law
- Stare decisis (written decision)
Cause of Action - ANSWER A wrong legally recognized as a basis for civil litigation
seeking compensation for harm suffered.
Tort Actions - ANSWER Civil wrongs that are not breach of contract for which court
can fashions remedy.
Action or inaction = fails to meet the norms of society, but does not rise to the level of
a criminal act.
,4 basic elements for negligence - ANSWER 1. Duty of care
2. Breach of duty
3. Causation
4. Damages
Statute of frauds - ANSWER Requires that certain types of contracts be in writing to
be enforceable
Elements of a breach of contract - ANSWER Offer
Acceptance
Meeting of the mind
Consideration
Lawful purpose
Competent parties
1 fails to meet these obligations and the other could suffer damages
Standing - ANSWER The right or reason so bring a suit.
Ex: if your friend is injured, you cannot sue for them but he/she can sue for
themselves
Long-Arm Statutes - ANSWER Allows you to file against people who reside in a
different state.
Your residence will be the basis for venue.
Substantive Law - ANSWER Applications of statues and case law that determine
the rights and obligations of the plaintiffs and defendants.
Procedural Law - ANSWER Governs how a case is files and tried.
Ex: CPLR & FRCP
Trial courts - ANSWER Hear evidence & find facts
Courts of records = everything is recorded in case of appeal
Limited or general jurisdiction
State
Federal
State - ANSWER Hear testimony
Get evidence
Make decisions
Judge is not assigned but must apply for one.
Federal - ANSWER US District Courts
Diversity of Citizenship
Judge is assigned and would hear from the, when a court action will take place.
Court of Claims - ANSWER Seeking damages against the State
Statewide
Justice courts - ANSWER Town/village courts
Small claims less than $3,000
, Evictions
Preliminary proceedings for felonies
Complete jurisdiction over misdemeanors and minor offenses.
Appellate Courts - ANSWER Review decisions of the lower courts.
Application of substantive and procedural law.
Does not hear testimony
Oral arguments before panel of judges
Relies on records of lower courts and briefs
Must be appeal able, not just because someone does not like the judgement made.
Highest Appellate Courts - ANSWER Rare
Must apply to be reviewed
Only reviews records and briefs
Does not hear oral arguments
Attorney in this case would have to be straight to the point.
Torts - ANSWER Civil wrong, other than breach of contract
Must be legal duty owed by one person to another.
Tortfeasor - ANSWER A person who commits s tort or civil wrong.
3 sources of tort law - ANSWER Negligence
Intentional
Strict/Absolute Liability
Negligence - ANSWER Failure to exercise ordinary care
Intent is not necessary
Someone is injured due to unreasonable care
Intentional Torts - ANSWER Deliberately intend to hurt someone or his or her
property
Ex: assault and battery
Strict/Absolute Liability - ANSWER Regardless of intent, fault, or negligence, if
someone is injured by the product or activity, there is automatic or absolute liability.
Public Policy Objectives - ANSWER Protecting person and property (accountability)
Compensating victim
Minimum standard so social conduct (deterrence)
Allocating losses among different individuals or groups.
Analytical framework - ANSWER Process in which we use to analyze a fact or
pattern.
IRAC Method
IRAC - ANSWER I - Issues
R - Rule
A - application
C - Conclusion
2023/2024
Ethics - ANSWER Acceptable standards of conduct
Paralegals do NOT practice law.
Conduct os for the entire firm to uphold.
Paralegal cannot gie legal advice, appear in courts, or give impression that they are
an attorney.
Clients must be informed that you're not an attorney.
Fiduciary relationship - ANSWER One is under the duty to act for the benefit of
another in the scope of the relationship (trust).
Conflicts of Interest - ANSWER During initial intake, must be cautious of what info is
taken in case you already represent the opponent.
Let attorney know that there may be a conflict.
Everyone on e office has the responsibility of confidentiality.
Everyone is responsible to promote and practice mutual respect, honesty, and
fairness to both sides.
Cannot work with a client that you know personally.
Retainer agreements - ANSWER Contract between the attorney and the client.
Lists price set by attorney and what the client is to expect.
Getting authority ahead of time, in case of settlement.
Clients are aware of the division of settlement dispensing.
Are specific depending on the matter.
Diversity Of Citizenship - ANSWER Diversity of citizenship is one of the factors that
will allow a federal district court to exercise its authority to hear a lawsuit. This
authority is called diversity jurisdiction.
Sources of Law - ANSWER Constitution
- executive, legislative, judicial
Statutes
administrative Rules and Regulations
- IRS, Social Security admin.
Case law
- Stare decisis (written decision)
Cause of Action - ANSWER A wrong legally recognized as a basis for civil litigation
seeking compensation for harm suffered.
Tort Actions - ANSWER Civil wrongs that are not breach of contract for which court
can fashions remedy.
Action or inaction = fails to meet the norms of society, but does not rise to the level of
a criminal act.
,4 basic elements for negligence - ANSWER 1. Duty of care
2. Breach of duty
3. Causation
4. Damages
Statute of frauds - ANSWER Requires that certain types of contracts be in writing to
be enforceable
Elements of a breach of contract - ANSWER Offer
Acceptance
Meeting of the mind
Consideration
Lawful purpose
Competent parties
1 fails to meet these obligations and the other could suffer damages
Standing - ANSWER The right or reason so bring a suit.
Ex: if your friend is injured, you cannot sue for them but he/she can sue for
themselves
Long-Arm Statutes - ANSWER Allows you to file against people who reside in a
different state.
Your residence will be the basis for venue.
Substantive Law - ANSWER Applications of statues and case law that determine
the rights and obligations of the plaintiffs and defendants.
Procedural Law - ANSWER Governs how a case is files and tried.
Ex: CPLR & FRCP
Trial courts - ANSWER Hear evidence & find facts
Courts of records = everything is recorded in case of appeal
Limited or general jurisdiction
State
Federal
State - ANSWER Hear testimony
Get evidence
Make decisions
Judge is not assigned but must apply for one.
Federal - ANSWER US District Courts
Diversity of Citizenship
Judge is assigned and would hear from the, when a court action will take place.
Court of Claims - ANSWER Seeking damages against the State
Statewide
Justice courts - ANSWER Town/village courts
Small claims less than $3,000
, Evictions
Preliminary proceedings for felonies
Complete jurisdiction over misdemeanors and minor offenses.
Appellate Courts - ANSWER Review decisions of the lower courts.
Application of substantive and procedural law.
Does not hear testimony
Oral arguments before panel of judges
Relies on records of lower courts and briefs
Must be appeal able, not just because someone does not like the judgement made.
Highest Appellate Courts - ANSWER Rare
Must apply to be reviewed
Only reviews records and briefs
Does not hear oral arguments
Attorney in this case would have to be straight to the point.
Torts - ANSWER Civil wrong, other than breach of contract
Must be legal duty owed by one person to another.
Tortfeasor - ANSWER A person who commits s tort or civil wrong.
3 sources of tort law - ANSWER Negligence
Intentional
Strict/Absolute Liability
Negligence - ANSWER Failure to exercise ordinary care
Intent is not necessary
Someone is injured due to unreasonable care
Intentional Torts - ANSWER Deliberately intend to hurt someone or his or her
property
Ex: assault and battery
Strict/Absolute Liability - ANSWER Regardless of intent, fault, or negligence, if
someone is injured by the product or activity, there is automatic or absolute liability.
Public Policy Objectives - ANSWER Protecting person and property (accountability)
Compensating victim
Minimum standard so social conduct (deterrence)
Allocating losses among different individuals or groups.
Analytical framework - ANSWER Process in which we use to analyze a fact or
pattern.
IRAC Method
IRAC - ANSWER I - Issues
R - Rule
A - application
C - Conclusion
