7.1

The Facts and the Law

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INTRODUCTION

The Transferable Skills of Litigation
Over the next six chapters you will be introduced to the most important skills relevant to litigation (outside of research and writing, which are covered in Volume II). These skills are transferable to almost any area of law. Thus, the more you put into this part of the program, the easier other areas of study will be.

We begin with Chapter 7 covering the topic of evidence. This chapter is not long, but there are some powerful concepts presented. Evidentiary considerations, hearsay, "elementization," court rules, and privileges. In addition, evidence sets the stage for investigation, interviewing, and trial preparation in the following chapters.

As a paralegal, you will try to discover facts, and you will try to research the law. Facts and Law are very distinct elements of litigation, but are powerfully reliant on each other in our judicial system. Consider this:

The FACTS of a case lead to a law suit. The LAW determines which facts may be admitted at trial. At trial, the party that presents the most convincing FACTS is most likely to win.