LGL 110 - Introduction to Law and the Paralegal
(3 semester hours)
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This course is designed to provide an overview of American law. We will begin with by studying sources and types of law, the American court system, and the analytical process which allows the law to evolve and to remain a useful tool for solving new problems. We will go on to study the main principles of various categories of law (family law, criminal law, tort law, contract law, constitutional law, and the law of trial procedure and evidence). Emphasis throughout the course will be on applying legal principles to solve hypothetical problems like those a lawyer or paralegal should expect to face in practice. The roles of lawyers and of paralegals, and the ethical rules which govern their conduct will be illustrated throughout. Information about the paralegal profession in general and NVCC's program in particular will be included in this course. A presentation by a group of working paralegals will be included.
Text: Foundations of Law: Cases, Commentaries & Ethics by Ransford C. Pyle
(3rd edition - West Legal Studies)
Course Objectives
- Students will explain the differences between the roles of paralegals and attorneys, and will list activities which, when performed by a paralegal, constitute unauthorized practice of law.
- Students will correctly list the sources of law, in order of strength and priority.
- Students will differentiate federal from state cases and criminal from civil cases.
- Students will be able, by using the Internet, to locate and identify the court or courts having jurisdiction over a particular matter.
- Students will read and understand cases and identify holdings.
- Students will reason by distinction and analogy to build arguments for opposing sides based on a hypothetical fact pattern and a governing rule of law.
- Students, using the Internet, will locate, read and understand simple statutes.
- Students will be able to identify and resolve basic legal issues posed by hypothetical problems in the substantive areas of family, criminal, tort, contract, procedural and Constitutional law.
- Students will be able to identify and resolve ethical issues posed by hypothetical problems in the areas of family, criminal, tort, contract, procedural and Constitutional law.
- Students will be able to draft the content (not necessarily in standard or correct format) of simple legal documents including case summaries, pleadings and agreements.
SAMPLE COURSE OUTLINE
Each session below represents three classroom hours
Session One: - Course Introduction. Overview of syllabus and of course objectives and requirements. Grading criteria. Lawyers and Paralegals. The paralegal profession. NALA and NFPA. Certification options: the CP/CLA Exam and PACE. Types of paralegal education programs. NVCC's paralegal studies program: goals and objectives. ABA Approval. Faculty advisors and counselors. Student services at NVCC. Obtaining a four year college degree. Obtaining practical experience. The National Capital Paralegal Association: pro bono projects, networking opportunities, and the job bank. Sources of law and how law develops. Constitutions, statutes, regulations, interpretive case law and common law. Introduction to the federalism. Small group discussion and reports back to the whole class: resolving conflicts in the law; roles of local, state and federal governments, limitations of law and personal rights.
Session Two: Stare decisis and common law analysis. Question and Answer sessions and small group discussions: applying law to new situations. Reasoning by distinction and analogy. Arguing for both sides. Taking the judge's role.
Session Three: The role of legislation. Interpreting statutes by plain meaning and by legislative intent. Internet Demonstration - finding, interpreting and applying Virginia statutes. The hierarchy of the relationship among Constitutions, statutes, regulations and and common law. Whole class examples and small group practice: efficient legal research from the top down and challenging a type of law from the bottom up. Reading and Briefing Cases. Class examples and practice exercises.
Session Four: Civil vs. Criminal Cases. Class exercises: identifying aspects of civil versus aspects of criminal cases. The Right to Trial by Jury. Video: the Twilight Zone Case. Small group problem solving: would you request a jury. Why or why not?
Session Five: - The American court system. Trials and Appeals. Names and functions of state and federal courts. Class exercises: where would a certain hypothetical case be handled and why. Internet demonstration: finding court websites and specific court rules.
The business of American law. Paying lawyers by the hour, on a contingency arrangement, or with a flat fee. paralegal roles in each system. Advantages, disadvantages and ethical rules pertaining to each system. Video: The Trouble with Lawyers. Review material to date for first exam.
Session Six: Overview of American family law. Constitutional principles regarding privacy rights and gender roles. The role of marriage. Common marriage restrictions. Grounds for annulment. Legal versus church annulment. Common law and ceremonial marriage. Rights and duties of spouses in separate and community property states. Specific state statutes will be located on the Internet and used for purposes of demonstration and analysis throughout. Students are asked to research specific Virginia family laws.
Session Seven: Overview of child custody, child support and divorce. Finding and reading illustrative cases and statutes. Small group hypothetical problem solving and report back. The future of family law: new reproductive technology, changing gender roles and non-traditional families. Sample bills of complaint and answers in divorce. Ethics in family law. Intro to criminal law: purposes of crime and punishment.
Session Eight: - Overview of Criminal Law. Roles of prosecutors and defense lawyers, and ethics in criminal law. Actus reas and mens rea. Demonstrating Internet research. Finding specific statues and analyzing them for elements of proof. Video - Mens Rea and Homicide Saving Our Lives. - Criminal law and affirmative defenses. Constitutional rights of criminal defendants. Small group work: issue spotting and applying legal principles. Famous criminal cases. Review family and criminal law material for second exam.
Session Nine: - Overview of Torts. Intentional and Negligence Torts. Identifying elements of the causes of action and available affirmative defenses. Sample complaints and answers. The roles of attorneys and paralegals for plaintiffs and defendants, and ethics in tort law. Research assignment: finding and briefing cases illustrating particular tort law doctrines.
Session Ten: Overview of strict liability, product liability, and modern torts. Small group discussion and report back exercises. Identifying and predicting the direction of tort law. Video: The Blame Game. Overview of contract law.
Session Eleven: Elements of a cause of action for breach of contract and basic contract defenses. Research exercise: finding and interpreting the statute of frauds in any state. Small group discussion and problem solving. Deciding whether a contract has been formed and identifying possible defenses. Animated Video: The law of contracts.
Session Twelve: Echoes of contract law in the areas of wills and property. Internet research: statutes governing wills. Drafting contracts. Goals and ethical principles. Paired negotiation exercises. Practical Research and Drafting Project. (May be submitted for extra credit). review tort and contract material for exam three.
Session Thirteen: Intro to Litigation. Ethical Concerns. Roles of attorneys and paralegals for each party. Paralegals and unauthorized practice of law. The duty of confidentiality and its exceptions. The duty of loyalty. Conflict checks. Avoiding even the appearance of impropriety. Fee arrangements and money handling. The duty of zealous representation: for the counselor and for the advocate. Duties as officers of the court. Filing pleadings, responding to discovery requests and presenting evidence.Video Excerpts from "A Class Action." Students will be involved in small group hypothetical problem solving throughout.
Session Fourteen: - Rules of Evidence and Witnesses on the Stand. Ethical constraints. The role of the paralegal at trial. Video selections from To Kill a Mockingbird. The Verdict, and My Cousin Vinnie. Student role playing exercises.
Session Fifteen: Constitutional law and civil rights. Discussion and report back sessions: applying the law and anticipating US Supreme Court decisions. Course Evaluations. Review for final exams.
Session Sixteen: Professional paralegal/ career day. Panel discussion and Question/Answer Sessions. Typical work days. Moving from the classroom to the office. Identifying transferable skills. Resumes and interviewing . Entry level requirements. Moving up. Opportunities to obtain experience through pro bono service. Legal placement agencies, networking, and job banks.
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