Introduction to Paralegal Studies and the Law : A Practical Approach
Introduction to Paralegal Studies is designed for students enrolled in paralegal/legal assisting programs in two-year or four-year college programs. Corporate law departments, law firms, legal clinics, public defender and prosecutor offices can also use it as a training resource for paralegals and legal assistants.
- Hardback | 816 pages
- 215.9 x 274.32 x 38.1mm | 2,063.83g
- 20 Oct 2001
- Cengage Learning, Inc
- Delmar Cengage Learning
- Clifton Park, United States
Table of contents
I: CHAPTER 1: BEING A PARALEGAL.A. Definition of Paralegal. B. Roles of Paralegals. C. How Paralegals Are Utilized. Bonus Pointers: Compensation. Bonus Pointers: Employment. D. Paralegal Associations. Bonus Pointers: Internet Sites. E. Educational Programs. Key Terms. Summary. Review Questions. Practice Exam A. Recess. G. Certification and Licensure. Bonus Pointers: Latest in Licensure. Ethical Etiquette: Unauthorized Practice of Law. H. Qualities of Successful Paralegals. Bonus Pointers: Emotional Qualities of Successful Paralegals. I. Law Office Organization. Bonus Pointer: Retention. Ethical Etiquette: Ethical Codes. Ethical Etiquette: Advertising and Solicitation. Bonus Pointers: A Case in Solicitation. Tim's Techno Tips. Key Terms. Summary. New Questions. Practice Exam B. Legal Lingo. Internet Inquiries. Legal Logistics. A. Trip to the Movies.II: CHAPTER 2: DEVELOPING THE CASE.Ethical Etiquette: Confidentiality.A. What the law is and what its purpose is. B. Sources of the Law.1. Legislative Branch. 2. Executive Branch. 3. Judicial Branch. a. Substantive vs. Procedural Law. b. Civil vs. Criminal Law. C. Setting up an Initial Interview. D. Attorney-Client Privilege. E. Getting the Information. F. Structuring an Initial Interview. 1. Adverse Parties. 2. Nature of Dispute. 3. Damage. 4. Time of Dispute. 5. Getting More Information. 6. Administrative Information. 7. Informing the Client. Bonus Pointer: Statute of Limitations Problems. Bonus Pointer: Effective Listening Skills. Key Terms. Summary. Review Questions. Practice Exam A. Recess. G. Interviewing A Witness. Bonus Pointer: Getting A Witness Statement. Bonus Pointer: Locating Witnesses. H. Getting Records. 1. Medical Records. 2. Police Records and Other Official Records. 3. Other Public Records. How to Make A Freedom of Information Act Request. 3. Additional Sources of Information. I. Photographing the Scene. J. Getting Physical Evidence. K. Getting an Expert Witness. L. Evaluating the Case. M. Organizing the File. N. Managing Your Time. Bonus Pointer: Communications with Clients. Ethical Etiquette: Conflict of Interest. Tim's Techno Tips. Key Terms. Summary. Review Questions. Practice Exam B. Legal Lingo. Internet Inquiries. Legal Logistics. A Trip to the Movies.III: CHAPTER 3: RESEARCHING THE CASE.A. Organization of the Courts. 1. Federal Courts. 2. State Courts. B. Where Cases Are Reported. 1. State Courts. 2. Federal Courts. 3. Availability of Cases. 4. Electronic Research. C. Reading Cases. 1. Format of Court Opinions. Bonus Pointer: Reading Captions. 1. Citations. Bonus Pointer: Why Reading Cases is So Challenging. D. Briefing. Bonus Pointer: Briefs Come in Two Forms. 1. Citation. 2. Procedural History. 3. Facts. 4. Issue and Holding. 5. Rationale. 6. Synthesis. Bonus Pointer: Importance of Briefing. Key Terms. Summary. Review Questions. Practice Exam A. Recess. E. Primary and Secondary Authority. F. Encyclopedias. G. Treatises. H. Digests. I. Updating Cases. J. American Law Reports. K. Restatements. L. Legal Periodicals. M. Limitations on Appellate Courts. 1. Questions of fact vs. questions of law. 2. State Decisis. 3. Adherence to statutes and constitutions. N. Legal Analysis. 1. Issue. 2. Rule. 3. Application. 4. Conclusion. O. Statutes. Bonus Pointers: Canons of Construction. P. Comparing Case Law. Q. Writing A Memorandum. 1. Format. 2. Heading. 3. Overview. 4. Facts. 5. Issue. 6. Analysis. 7. Conclusion. 8.Recommendations. Tim's Techno Tips. Key Terms. Summary. Review Questions. Practice Exam B. Legal Lingo. Internet Inquiries. Legal Logistics. A Trip to the Movies.IV: CHAPTER 4: FILING SUIT.Ethical Etiquette: Improper Communications with Opponents.Ethical Etiquette: Frivolous Lawsuits-Rule11. Bonus Pointers: Vicarious Liability. Bonus Pointers: Joint Liability.A. Collectability of Judgements. B. Fee Arrangements. Ethical Etiquette: Fees and Fee Arrangements. Bonus Pointers: Accessibility of Legal Services. C. Billing Practices. D. Planning Litigation. 1. Client Objectives. 2. Theory of Case. 3. Demand Letter. 4. Pre-Filing Requirements. 5. Litigation Timetable. E. Jurisdiction. 1. Subject Matter Jurisdiction .2. Personal Jurisdiction. Bonus Pointers: Personal Jurisdiction Cases. F. Venue. G. Deciding Which Court is the Best. 1. Procedural Law. 2. Substantive Law. 3. Other Factors in Choosing A Forum. Key Terms. Summary. Review Questions. Practice Exam A. Recess. H. Drafting A Complaint. Bonus Pointers: Mechanical Requirements. 1. Overview of Complaint. 2. Caption. 3. Body. 4. Allegations. 5. Counts. Bonus Pointers: Intentional Torts. 6. Prayer for Relief. Bonus Pointers: Damages. 7. Conclusion. I. Serving Process. 1. Purpose of Service. 2. Procedures for Serving Process. J. Creating and Organizing Files. K. Computing Deadlines. 1. Importance of Meeting Deadlines. Bonus Pointers: Dealing with Deadlines. 2. Computing Deadlines. L. Answering the Complaint. 1. Objectives of the Answer. 2. Steps to Drafting an Answer. 3. Third-Party Claims. 4. Affirmative Defenses. Bonus Pointers: Defenses to Negligence and Intentional Torts. 3. Writing the Answer. M. Alternatives to Filing an Answer. Tim's Techno Tips. Key Terms. Summary. Review Questions. Practice Exam B. Legal Lingo. Internet Inquiries. Legal Logistics. A Trip to the Movies.V: CHAPTER 5: DISCOVERY.Overview of Discovery.B. Discovery Reform and Mandatory Disclosure. 1. Local Variations. 2. Criticisms of Mandatory Disclosure. Ethical Etiquette: Ethical Concerns Surrounding Mandatory. Disclosure. Bonus Pointers: Report Card on Mandatory Disclosure. C. Overview of Depositions. 1. Advantages of Depositions Over Written Discovery. 2. Goals of A Deposition. D. Arranging Depositions. E. Expert Witnesses. F. Noticing Depositions. Bonus Pointers: Depositions in the Electronic Age. G. Independent Medical Examination. H. Goals of Document Discovery. I. Overview of Document Discovery. J. Tools of Document Discovery. K. Overview of Written Discovery. L. Requests for Admission. M. Preparing Interrogatories and Requests for Admission. N. Using Interrogatories and Request for Admission. Key Terms. Summary. Review Questions. Practice Exam A. Recess. O. Disclosure Statements. Ethical Etiquette: Inadequate Disclosure: the Consequence. Bonus Pointers: More Comprehensive Disclosure Schemes. P. Motion Practice. Ethical Etiquette: Ex Party Communications. Q. How Motions Are Presented. R. How Motions Are Decided. S. Example of A Motion: Motion to Dismiss. Bonus Pointers: Gallagher and Mary Carter Agreements. T. Preparing for A Deposition. U. Assisting at A Deposition. V. What to Expect at A Deposition. Bonus Pointers: the Opposing Attorney's Role. W. Organizing A Deposition Transcript. X. Grounds for Objecting to Discovery Requests. 1. Work Product. 2. Questions Calling for Privileged Communications. 3. Questions Exceeding the Scope of Discovery. 4. Ambiguous Questions. 5. Misleading Questions. 6. Burdensome Questions. Y. Non-Compliance to Discovery Requisites. Tim's Techno Tips. Key Terms. Summary. Review Questions. Practice Exam B. Legal Lingo. Internet Inquiries. Legal Logistics. A Trip to the Movies.VI: CHAPTER 6: PRE-TRIAL, TRIAL AND POST-TRIAL.A. Motions for Summary Judgement. B. Setting A Trial Date. C. Pretrial Statements/Orders. Ethical Etiquette: Responding to Inquiries From the Press. D. Countdown to Trial. 1. Motions in Limine. 2. Jury Instructions. 3. Exhibits. 4. Trial Notebook. E. Trying the Case. 1. Jury Selection. Bonus Pointers: Trial to the Court. 2. Opening Statement. 3. Presentation of Evidence. 4. Plaintiff's Case. 5. Rules of Evidence. 6. Half-Time. 7. Defendant's Case. 8. Rebuttal. 9. More Motions. 10. Closing Arguments. 11. Reading of Jury Instructions and Submission to Jury. Key Terms. Summary. Review Questions. Practice Exam A. Recess. 12. Deliberation and Verdict. 13. Getting From Verdict to Judgement. F. Collecting A Judgement. 1. Debtor's Examination. 2. Execution. 3. Judgement Debtor's Options. Bonus Pointers: Roles of the Paralegal in Collection Practice. F. Appeals. 1. 1. Grounds for Reversal. 2. Interlocutory Appeals. 3. Appellate Process. Tim's Techno Tips. Key Terms. Summary. Review Questions. Practice Exam B. Legal Lingo. Internet Inquiries. Legal Logistics. A Trip to the Movies.VII: CHAPTER 7: CRIMINAL LAW AND PROCEDURE.A. Overview of Fourth Amendment Search and Seizure Law. B. Arrest and Search Warrants. C. Warrantless Searches. D. Stop and Frisk. E. Interrogation. F. Booking and Initial Appearance. G. Preliminary Hearing and Grand Jury Indictment. H. Arraignment. I. Plea Bargaining. Ethical Etiquette: Candor in Advocacy. I. Sixth Amendment Right to Counsel. Key Terms. Summary. Review Questions. Practice Exam A. Recess. J. Element of A Crime. 1. Mens Rea. 2. Actus Reus. 3. Causation. K. Gradation of Offenses. L. Defenses. 1. Use of Force. 2. Duress and Necessity. 3. Infancy. 4. Intoxication. 5. Insanity. 6. Entrapment. L. Exclusionary Rule. Bonus Pointers: Victim Rights. M. Sentencing. 1. Indeterminate Vs. Determinate Sentencing. 2. Presumptive Sentencing. 3. Federal Sentencing Guidelines. Bonus Pointers: Myth of Leniency. N. Philosophy of Punishment. 1. Retribution. 2. Deterrence. 3. Rehabilitation. 4. Incapacitation. Bonus Pointers: Cost of Imprisonment. O. Alternatives to Incarceration. Bonus Pointers: Restorative Justice. P. Imprisonment. Ethical Etiquette: Admission to the Bar. Tim's Techno Tips. Key Terms. Summary. Review Questions. Practice Exam B. Legal Lingo. Internet Inquiries. Legal Logistics. A Trip to the Movies.CHAPTER 8: REAL ESTATE LAW; PROBATE; FAMILY LAW.A. Sources of Real Estate Law. B. Real Estate Ownership. 1. Possessory Interests. 2. Non-Possessory Interests. C. Transfer of Ownership. D. Real Estate Development. 1. Zoning 2. Constitutional Issues. 3. Environmental Law. E. Sources of Probate Law. F. Wills. G. Trusts. H. Probate Process. Key Terms. Summary. Review Questions. Practice Exam A. Recess. E. Sources of Family Law. F. Creation of Marriage Relationship. G. Property Rights During Marriage. H. Divorce. 1. Alimony. 2. Division of Property. 3. Divisibility of Pensions. 4. Recognition of Out-of-State Divorce. I. Parent-Child Relationship. 1. Formation of Relationship. 2. Child Custody. 3. Child Support Obligations. 4. Child Support Enforcement. Tim's Techno Tips. Key Terms. Summary. Review Questions. Practice Exam B. Legal Lingo. Internet Inquiries. Legal Logistics. A Trip to the Movies.CHAPTER 9: CONTRACT LAW; BUSINESS LAW.A. Elements of A Binding Contract. 1. Offer. 2. Acceptance. 3. Considerations. B. Defenses to A Valid Contract. 1. Illegal Contract. 2. Mental Incapacity. 3. Minors. 4. Fraud. 5. Mistake. 6. Undue Influence. C. Termination of Contractual Duties. D. Third Party Rights. E. Damages. F. Ucc. 1. Applicability. 2. Provision. Key Terms. Summary. Review Questions. Practice Exam A. G. Forms of Businesses. 1. Sole Proprietorship. 2. Partnership. 3. Corporations. 4. Limited Liability Companies. H. Comparisons of Business Formations. I. Incorporation Process. J. Rights and Duties of Shareholders. K. Security Exchange Act. L. Commercial Paper. M. Secured Transactions. Tim's Techno Tips. Key Terms. Summary. Review Questions. Practice Exam B. Legal Lingo. Internet Inquiries. Legal Logistics. A Trip to the Movies.CHAPTER 10: ALTERNATIVE DISPUTE RESOLUTION, TRIBAL COURT ADVOCACY AND ADMINISTRATIVE LAW.A. What is Adr? B. Arbitration. 1. Forms of Arbitration. 2. Arbitration Process. C. Mediation. 1. Types of Mediation. 2. Mediation Process. Bonus Pointers: Skills of Effective Mediators. Ethical Etiquette: Ethical Rules for Mediators. D. Med-Arb. E. Summary Jury Trial. F. Mini-Trial. G. Other Options. H. Bright and Dark Side of Adr. Bonus Pointers: Quality Control. I. Tribal Court Advocacy. M. Administrative Agencies. N. Administrative Law Judges. O. Administrative Adjudicatory Hearing. P. Example of Administrative Process. Q. Centralized Panel. R. Rule Making Power. S. Limitations on Administrative Agencies. T. Research of Administrative Law. 1. Code of Federal Regulations. 2. Federal Register. 3. Information About Administrative Agencies. 4. Publication of Administrative Decisions. Bonus Pointers: Helpful Web Sites. U. Investigative Actions. Ethical Etiquette: Paralegal Representation. Tim's Techno Tips. Key Terms. Summary. Review Questions. Practice Exam B. Legal Lingo. Internet Inquiries. Legal Logistics. A Trip to the Movies.Afterward By the Authors.Appendix A Answers to Putting it Into Practice Questions and Practice Exams.Appendix B: Cases.Appendix C: Getting A Job.1. Self-Assessment. 2. Experience. 3. Resumes. 4. Writing Samples. 5. Networking.6. Want Ads. 7. Mock Interviews. 8. Selling Yourself.