Registered Paralegal (PACE / RP) Litigation Procedure and Practice Syllabus

Litigation Procedure and Practice syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Litigation Procedure and Practice in Registered Paralegal (PACE / RP), not a summary of it.

1. 1

   Court Systems and Jurisdiction

   4 topics

   • Structure of Federal and State Courts
     • Trial, appellate, and supreme courts
     • Courts of limited vs. general jurisdiction
   • Subject-Matter Jurisdiction
     • Federal question and diversity jurisdiction
     • Amount in controversy and supplemental jurisdiction
   • Personal Jurisdiction and Venue
     • Minimum contacts and long-arm statutes
     • Proper and transferred venue
   • Removal and Remand
2. 2

   Commencing and Pleading an Action

   4 topics

   • Drafting the Complaint and Summons
     • Notice vs. fact pleading standards
     • Stating causes of action and prayer for relief
   • Service of Process
     • Methods of service and proof of service
     • Waiver of service
   • Responsive Pleadings
     • Answers, affirmative defenses, and counterclaims
     • Cross-claims and third-party practice
   • Pre-Answer Motions
     • Motions to dismiss under Rule 12(b)
     • Motions for more definite statement and to strike
3. 3

   Discovery Practice

   5 topics

   • Scope and Proportionality of Discovery
     • Relevance and proportionality factors
     • Mandatory initial disclosures
   • Written Discovery Devices
     • Interrogatories and requests for production
     • Requests for admission
   • Depositions
     • Noticing, scheduling, and preparation
     • Summarizing and indexing testimony
   • Electronic Discovery (e-Discovery)
     • Litigation holds and preservation
     • Collection, processing, review, and production
     • Privilege logs and clawback agreements
   • Discovery Disputes and Sanctions
     • Meet-and-confer obligations
     • Motions to compel and protective orders
4. 4

   Motion Practice and Trial Support

   4 topics

   • Dispositive and Pretrial Motions
     • Summary judgment briefing support
     • Motions in limine
   • Trial Preparation
     • Trial notebooks and exhibit lists
     • Witness coordination and subpoenas
     • Demonstrative evidence and technology
   • Assisting at Trial
     • Exhibit handling and real-time note-taking
     • Jury logistics support
   • Post-Trial and Appellate Support
     • Post-trial motions and judgment entry
     • Notice of appeal and record on appeal
     • Appellate brief preparation and table of authorities
5. 5

   Alternative Dispute Resolution and Judgment Enforcement

   3 topics

   • Negotiation and Settlement
     • Settlement agreements and releases
     • Structured settlements
   • Mediation and Arbitration
     • Mediation preparation and briefs
     • Arbitration procedure and awards
   • Enforcement of Judgments
     • Writs of execution and garnishment
     • Liens and debtor examinations

Litigation Procedure and Practice flashcards for Registered Paralegal (PACE / RP)

23 of 52 cards from the Litigation Procedure and Practice deck — real questions with worked answers.

1. What is the basic three-tier structure of the U.S. federal court system?

   U.S. District Courts (trial courts) at the bottom, U.S. Courts of Appeals (13 circuits) in the middle, and the U.S. Supreme Court at the top.

2. How does a typical state court system mirror the federal structure?

   It has trial courts (general and limited jurisdiction), an intermediate appellate court, and a court of last resort (usually called the state supreme court).

3. What is the difference between a court of general jurisdiction and a court of limited jurisdiction?

   A general jurisdiction court can hear most types of cases (any subject, any amount); a limited jurisdiction court hears only specific case types (e.g., small claims, probate, traffic, federal courts).

4. What are the two main types of subject-matter jurisdiction in federal court?

   Federal question jurisdiction (28 U.S.C. 1331) and diversity jurisdiction (28 U.S.C. 1332).

5. What are the requirements for diversity jurisdiction under 28 U.S.C. 1332?

   Complete diversity of citizenship between all plaintiffs and all defendants, AND an amount in controversy exceeding $75,000.

6. What does 'complete diversity' mean?

   No plaintiff may be a citizen of the same state as any defendant; if even one shares citizenship, diversity is destroyed.

7. What is federal question jurisdiction?

   Jurisdiction over cases arising under the U.S. Constitution, federal laws, or treaties; it has no minimum amount-in-controversy requirement.

8. Can subject-matter jurisdiction be waived by the parties?

   No. Subject-matter jurisdiction cannot be waived or consented to and may be raised by any party or the court at any time, even on appeal.

9. What is personal jurisdiction?

   A court's power to bind a particular defendant to its judgment, based on the defendant's connection to the forum state.

10. What is the 'minimum contacts' test for personal jurisdiction?

    From International Shoe v. Washington: a defendant must have sufficient minimum contacts with the forum state such that exercising jurisdiction does not offend traditional notions of fair play and substantial justice.

11. What is the difference between general and specific personal jurisdiction?

    General jurisdiction applies when contacts are so continuous and systematic the defendant is 'at home' there (any claim); specific jurisdiction applies when the claim arises out of the defendant's contacts with the forum.

12. What is venue and how is proper federal venue generally determined?

    Venue is the proper geographic district for trial. Under 28 U.S.C. 1391, venue is proper where any defendant resides (if all in the same state) or where a substantial part of the events/property occurred.

13. What is removal of a case?

    The procedure by which a defendant transfers a case from state court to the federal district court in the same district, allowed when the case could have originally been filed in federal court.

14. What is the deadline for filing a notice of removal?

    Within 30 days after the defendant receives the initial pleading or summons; diversity cases generally cannot be removed more than 1 year after commencement (absent bad faith).

15. What is remand?

    An order sending a removed case back to state court, typically because federal subject-matter jurisdiction is lacking or removal was procedurally defective.

16. What are the required components of a federal complaint under FRCP 8(a)?

    A short and plain statement of the grounds for jurisdiction, a short and plain statement of the claim showing entitlement to relief, and a demand for the relief sought.

17. What pleading standard governs the sufficiency of a complaint?

    The 'plausibility' standard from Twombly and Iqbal: the complaint must state enough facts to make the claim plausible on its face, not merely conceivable.

18. What is a summons and what must it contain?

    A court document notifying the defendant of the lawsuit and the requirement to respond. Under FRCP 4(a), it must name the court and parties, be signed by the clerk, bear the court seal, and state the time to respond.

19. What is service of process?

    The formal delivery of the summons and complaint to the defendant to provide legal notice and establish the court's jurisdiction over the defendant.

20. Under FRCP 4(m), what is the time limit to serve a defendant?

    A defendant must be served within 90 days after the complaint is filed, or the court may dismiss without prejudice or order service within a specified time.

21. What is waiver of service under FRCP 4(d)?

    A procedure where the plaintiff mails a request to waive formal service; a defendant who waives gets more time to answer (60 days) and avoids the cost of formal service.

22. What are the three responsive options a defendant has to a complaint?

    File an answer, file a pre-answer motion (e.g., motion to dismiss), or default by failing to respond.

23. What is an affirmative defense and where is it raised?

    A defense that defeats the claim even if the plaintiff's allegations are true (e.g., statute of limitations, res judicata); it must be pleaded in the answer under FRCP 8(c) or it may be waived.

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