|
PELLISSIPPI |
||||||||||
|
INTRODUCTION TO LAW & ETHICS |
||||||||||
|
Class Hours: 3.0 |
|
Credit Hours: 3.0 |
|
|||||||
|
Laboratory Hours: 0.0 |
|
Revised: Fall 09 |
|
|||||||
|
NOTE: This course is not designed for transfer credit. |
|
|||||||||
|
Catalog Course Description: |
|
|
||||||||
|
|
Introduction to the work performed by legal assistants, regulation of the profession, legal and paralegal ethics and professional responsibility. Organization of legal institutions, introduction to legal procedure, survey of substantive law areas of practice. |
|||||||||
|
Entry Level Standards: |
|
|
||||||||
|
|
College-level competencies in logic, reading, and English are required. Students must have completed, or be enrolled in, or be eligible to be enrolled in ENGL 1010. Students must be capable of writing formal English without serious grammatical, spelling or organizational errors. |
|||||||||
|
Corequisite: |
|
|
||||||||
|
|
ENGL 1010 |
|||||||||
|
Textbook(s) and Other Course Materials: |
|
|||||||||
|
|
Textbooks: |
|||||||||
|
I. Week/Unit/Topic Basis: |
|
|
||||||||
|
|
Week |
Topic |
||||||||
|
|
1 |
How To: Study, read, take notes, prepare outlines, take exams |
||||||||
|
|
2 |
Paralegal Profession: Definitions, types of educational programs, paralegal associations, regulation, where paralegals work and what they do, compensation, and future |
||||||||
|
|
3-4 |
Ethics and Professional Responsibility: Ethics rules for attorneys, for paralegals; duties of competence, integrity, confidentiality, avoidance of conflicts of interest; communication; UPL: giving legal advice, prohibited activities, permitted activities; reporting misconduct; consequences of unethical behavior |
||||||||
|
|
5 |
The American Legal System:
sources of law, judicial opinions, constitutions, statutes, branches of
government; subject matter jurisdiction, personal jurisdiction and venue; types
of law: criminal and civil, substantive and procedural; trial and appellate
courts, federal and state courts |
||||||||
|
|
6 |
Legal Research and Analysis: primary and secondary authorities, federal and state statutes, federal and state case law, publication, encyclopedia, periodicals, texts and treatises, restatements, A.L.R., citation systems, Shepard’s, Westlaw, Lexis-Nexis, analyzing the law, briefing cases, IRAC |
||||||||
|
|
7 |
Legal Writing and Communications: Effective legal writing, accuracy, clarity, readability, conciseness; types of writing, methods of writing, planning and finishing steps, common writing errors |
||||||||
|
|
8 |
Interviewing and Investigation: overview of client and witness interviews, overview of investigation and evidence |
||||||||
|
|
9 |
Civil Litigation: before and after the complaint is filed, discovery, ADR |
||||||||
|
|
10-11 |
What Paralegals Do: Contracts: Elements, performance and breach, remedies; Torts: intentional, negligence, strict liability; Business and Corporate Law: types of businesses, transactions; Real property: ownership, transfers, leases; Estate Planning and Wills: creating valid wills; administering estates; Family Law: marriage, divorce, child custody, support, civil unions; In-house counsel. The Paralegal’s role in a legal environment |
||||||||
|
|
12 |
Getting and Keeping a Job: resume writing, interviewing, negotiating a salary; performance evaluations, career advancement; quitting a job and getting the next job |
||||||||
|
|
13 |
The Law Office: structure
and organization of firms, types of legal fees, law office procedures |
||||||||
|
|
14 |
Strategies for Success in the Workplace: Attributes of successful paralegals, skills you must have; how to manage time; PROFESSIONALISM |
||||||||
|
|
15 |
Final Examination |
||||||||
|
II. Course Objectives*: |
|
|
||||||||
|
|
A. |
Demonstrate a complete and thorough understanding of legal ethics. I, III, IV |
||||||||
|
|
B. |
Begin to develop a professional attitude toward legal assistant training and employment. I, II, III, IV |
||||||||
|
|
C. |
Demonstrate an adequate understanding of law office organization. II, III |
||||||||
|
|
D. |
Demonstrate a complete and thorough understanding of state and federal court systems. II, IV |
||||||||
|
|
E. |
Begin to develop an understanding of legal terminology. I, II, III, IV |
||||||||
|
|
F. |
Exhibit a basic understanding of differences between civil litigation and criminal proceedings. I, II, III, IV |
||||||||
|
|
G. |
Understand the nature of the role and responsibilities of legal assistants within the American legal system. I, II, III, IV, V |
||||||||
|
|
H. |
Demonstrate a complete and thorough understanding of the structure of the legal environment in which the legal assistant will work. I, II |
||||||||
|
|
I. |
Demonstrate a complete and thorough understanding of the fundamentals of civil and criminal procedure. I, II |
||||||||
|
|
J. |
Demonstrate an adequate understanding of the basic concepts of primary legal topics. I, II, III |
||||||||
|
*Roman numerals after course objectives reference goals of the Paralegal Studies program. |
||||||||||
|
III. Instructional Processes*: |
|
|
||||||||
|
Students will: |
|
|
|
|||||||
|
|
1. |
Practice elements of the work ethic such as professionalism, preparedness,
punctuality, honesty, cooperation, dependability, contribution,
effectiveness, good manners, etc. Active Learning Strategy, Transitional
Strategy |
||||||||
|
|
2. |
Refine reading skills and build legal vocabularies through completion
of weekly guided reading exercises that allows more effective communication
with lawyers and legal professionals. Active Learning Strategy,
Communication Outcome, Transitional Outcome |
||||||||
|
|
3. |
Strengthen
practical skills through observation of and reporting on a civil court
proceeding. Communication Outcome, Technological Literacy Outcome,
Transitional Strategy, Active Learning Strategy |
||||||||
|
|
4. |
Examine ethical issues related to legal representation, unauthorized
practice of law, confidentiality, duty of legal professional to provide legal
services, etc. Communication Outcome, Transitional Strategy, Active
Learning Strategy |
||||||||
|
|
5. |
Participate in simulated law office problem exercises. Communication
Outcome, Transitional Strategy, Active Learning Strategy |
||||||||
|
|
6. |
Listen to guest
speakers from the legal community to learn the demands for skilled paralegals
in the work world. Transitional Strategy. |
||||||||
|
*Strategies and outcomes listed after instructional processes reference TBR's goals for strengthening general education knowledge and skills, connecting coursework to experiences beyond the classroom, and encouraging students to take active and responsible roles in the educational process. |
||||||||||
|
IV. Expectations for Student Performance*: |
|
|
||||||||
|
Upon successful completion of this course, the student should be able to: |
||||||||||
|
|
1. |
Recognize and avoid acts that constitute the unauthorized practice of law. A |
||||||||
|
|
2. |
Recognize and avoid acts that constitute the breach of client confidentiality. A |
||||||||
|
|
3. |
Recognize potential and actual conflict of interest situations. A |
||||||||
|
|
4. |
Explain the Canons of ethical conduct as set out in the Code of Professional Responsibility. A |
||||||||
|
|
5. |
Explain the various types of employment for paralegals. B, C, F, G |
||||||||
|
|
6. |
Identify typical responsibilities of the paralegal. A, B, C, D, E, F, G |
||||||||
|
|
7. |
Identify the characteristics of an effective paralegal. A, B, C, D, E, F, G |
||||||||
|
|
8. |
Appreciate the critical importance of honesty and integrity in the legal environment. A, B |
||||||||
|
|
9. |
Explain the role of bar associations and legal assistant organizations in developing professional standards for paralegals: A, B |
||||||||
|
|
10. |
Locate and visit state and
federal courthouses in |
||||||||
|
|
11. |
Identify by proper name and describe the functions of trial and appellate level courts in the federal and state judicial systems. A, B, D, E |
||||||||
|
|
12. |
Differentiate between the functions of the three levels and three branches of government. B, D, E |
||||||||
|
|
13. |
Explain and apply the doctrine of respondent superior. A, B, E |
||||||||
|
|
14. |
Describe the basic steps by which a civil claim is processed through pretrial, trial and appellate stages. D, E, F, G |
||||||||
|
|
15. |
Describe the basic steps by which a criminal charge is processed through arrest, indictment, trial, and appellate stages. D, E, F, G |
||||||||
|
|
16. |
Prepare written reports based upon courtroom observations. A, B, D, E, F, G |
||||||||
|
|
17. |
Discuss the paralegal’s
role in various legal environments in the |
||||||||
|
|
18. |
Differentiate between a tort and a crime. B, E, G, I, J |
||||||||
|
|
19. |
Identify the elements of an enforceable contract. B, E, G, J |
||||||||
|
|
20. |
Identify the elements of intentional torts. B, E, G, J |
||||||||
|
|
21. |
Identify the elements of negligence. B, E, G, J |
||||||||
|
|
22. |
Discuss the scope of Article 2 of the U. C. C. B, E, G, J |
||||||||
|
|
23. |
Identify the forms of property ownership. B, E, G, J |
||||||||
|
|
24. |
Differentiate between a sole proprietorship, a partnership and a corporation. B, E, G, J |
||||||||
|
|
25. |
Explain how a security interest in property is acquired. B, E, G, J |
||||||||
|
*Letters after performance expectations reference the course objectives listed above. |
||||||||||
|
V. Evaluation: |
|
|
||||||||
|
|
A. Testing Procedures: |
|||||||||
|
|
Students are evaluated primarily on the basis of tests. The instructor will provide full details the first week of class via a syllabus supplement. |
|||||||||
|
|
B. Laboratory Expectations: |
|||||||||
|
|
N/A |
|||||||||
|
|
C. Field Work: |
|||||||||
|
|
1. Students will submit a
typed report of 3-4 pages after observing a public judicial hearing or
trial. Legal writing exercises Paper on
paralegal certification Paper
explaining NAFTA Brief Missouri
v. Jenkins, 491 U.S. 274 (1987) Paper on
filings in federal court: e-mail, CD-ROM, electronic, tax, what kind of cases
may be filed electronically, etc. Resume building Survey of local
lawyers re paralegals One-page paper summarizing word-processing software articles |
|||||||||
|
|
D. Other Evaluation Methods: |
|||||||||
|
|
Class participation, group work,
and homework will also comprise the final grade for the course. The
instructor will provide full details the first week of class via a syllabus
supplement. All tests and papers will
be graded for spelling and English usage in addition to content and
format. Any student encountering
academic difficulty during the term is strongly encouraged to meet with the
instructor to discuss options and solutions. |
|||||||||
|
|
E. Grading Scale: |
|||||||||
|
|
A
93-100 |
|||||||||
|
VI. Policies: |
|
|
||||||||
|
|
A. Attendance Policy: |
|||||||||
|
|
|
|||||||||
|
|
B. Academic Dishonesty: |
|||||||||
|
|
Plagiarism, cheating, and
other forms of academic dishonesty are prohibited. Students guilty of academic
misconduct, either directly or indirectly through participation or
assistance, are immediately responsible to the instructor of the class.
In addition to other possible disciplinary sanctions which may be imposed
through the regular |
|||||||||
|
|
C. Accommodations for
disabilities: |
|||||||||
|
|
Students
who need accommodations because of a disability, have emergency medical
information to share, or need special arrangements in case the building must
be evacuated should inform the instructor immediately, privately after class
or in her or his office. Students must present a current accommodation plan
from a staff member in Services for Students with Disabilities (SSWD) in
order to receive accommodations in this course. Services for Students with
Disabilities may be contacted by going to Goins 134 or 126 or by phone:
694-6751(Voice/TTY) or 539-7153. More information is available at www.pstcc.edu/departments/swd/. |
|||||||||
|
|
D.. Other Policies: |
|||||||||
|
|
Late papers will not be accepted nor will make-up tests be given without specific approval of the instructor. Computer Usage Guidelines: |
|||||||||