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FAMILY LAW |
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Class Hours: 3.0 |
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Credit Hours: 3.0 |
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Laboratory Hours: 0.0 |
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Revised: Spring 07 |
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NOTE: This course is not designed for transfer credit. |
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Catalog Course Description: |
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A study of substantive and procedural law relating to divorce, custody, support and adoption and the assistant's role in domestic cases. |
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Entry Level Standards: |
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College-level competencies in logic, reading, and English are required. |
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Prerequisites: |
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LAW 1000 |
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Corequisite: |
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LAW 1060 |
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Textbook(s) and Other
Course Materials: |
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Gallo, N.R., Introduction
to Family Law, Thompson/Delmar 2004 |
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I. Week/Unit/Topic
Basis: |
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Week |
Topic |
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1 |
Introduction to
Family Law Practice (3.0 hours) |
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2 |
Ethics in
Family Law: statutes regulating the unauthorized practice of law and the
rules of ethics (1.5 hour); principles regulating paralegal conduct (1.5
hour) |
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3 |
Living
Together (2.0) hours; New protections for Cohabiting Partners (1.0) |
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4 |
Cohabitation
Agreements (1.5 hours); Premarital Agreements (1.5) hours; and contracts that
determine respective rights upon dissolution of the relationship |
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5 |
Traditional
Marriage and Alternatives; legal issues prior to marriage (0.5 hours);
Traditional Marriage (1.5 hour); Common Law Marriage (0.5 hour), Same-sex
marriage (0.5 hour). |
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6 |
Illegitimacy and
Paternity Proceedings, The Legal Status of Children; Illegitimacy and its
economic consequences (1.0 hour), Legitimation and
Paternity (1.0 hour), Emancipation, Estates and Domicile (1.0
hour). |
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7 |
Adoption; Kinds
of Adoption and parties (1.0), Adoption Procedure (1.5), Consequences of
Adoption (.5 hour) |
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8-9 |
Divorce and
Legal Separation, Annulment; Divorce Grounds and
Procedure; Jurisdiction (0.5 hours), Grounds (1.0 hour), Divorce Judgment and
enforcement (0.5 hour). Annulment and grounds (1.5 hours), Consequences
of annulment (0.5 hour). Spousal Support, Property Division, and
the Separation Agreement; The separation agreement (1.0 hour), equitable
property division (1.0 hour); modification |
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10-11 |
Child Custody,
Co-parenting, and Rights of Third Parties: best interest of child (1.5 hour);
Jurisdiction problems (.5 hour); joint custody (1.0 hour) |
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12 |
Child Support: determining
each parent's obligation for child support (1.5 hour); modification (.75
hour); enforcement (.75 hour) |
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13 |
Tax
Consequences of Separation and Divorce, The Legal Rights of Women; Tax consequences
of alimony (.5 hour), tax consequences of property division (.5 hour), Legal
Rights of women (1.0 hour), Domestic Violence (1.0 hour). |
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14 |
Domestic
Violence (2.0); Alternative Dispute Resolution (1.0) |
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15 |
Final Examination |
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II. Course Objectives*: |
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A. |
Demonstrate a complete and thorough understanding of legal ethics. I, III, V |
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B. |
Identify and become familiar with the basic terminology of domestic law. I, II, IV |
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C. |
Understand the nature of the role and responsibilities of legal assistants within the area of domestic law. I, II, III, IV, V |
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D. |
Demonstrate a complete and thorough understanding of marriage prerequisites. I, II |
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E. |
Demonstrate an adequate understanding of the basic concepts of adoption. I, II, III |
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F. |
Demonstrate an adequate understanding of the basic concepts of child custody decisions. I, II, III |
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G. |
Demonstrate an adequate understanding of the differences between irreconcilable differences divorce and divorce on grounds. I, II, III, IV, V |
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H. |
Understand how to compute child support. I, II, III, IV |
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I. |
Demonstrate an adequate understanding of the basic concepts of antenuptial agreements. I, II, III |
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J. |
Demonstrate an adequate understanding of child support enforcement. I, II, III, IV |
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K. |
Understand the difference between annulment and divorce. I, II, III, IV |
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L. |
Demonstrate an awareness of the importance of communicating with the domestic client. I, II, III, IV, V |
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*Roman numerals after course objectives reference goals of the Paralegal Studies program. |
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III. Instructional Processes*: |
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Students will: |
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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 |
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2. |
Refine their reading
skills and expand their legal vocabularies through completion of weekly
guided reading exercises that allows them to communicate more effectively
with lawyers and legal professionals. Communication Outcome, Active
Learning Strategy, Transitional Outcome |
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3. |
Strengthen
their analytical skills by locating court cases and statutes in the ERC and
on Westlaw to determine the application of the rules of law to specific
facts. Communication Outcome, Technological Literacy Outcome, Transitional
Strategy, Active Learning Strategy |
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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 |
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5. |
Listen to
speakers from the legal community to learn the demands for legal assistants
who possess basic knowledge of legal topics in the work world. Transitional
Strategy |
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6. |
Develop
investigative skills using the Internet, library, and governmental agency
resources to find relevant information. Technological Literacy Outcome,
Transitional Strategy, Active Learning Strategy |
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*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. |
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IV. Expectations for Student Performance*: |
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Upon successful completion of this course, the student should be able to: |
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1. |
Recognize and avoid acts that constitute the unauthorized practice of law. A |
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2. |
Recognize and avoid acts that constitute the breach of client confidentiality. A |
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3. |
Recognize potential and actual conflict of interest situations. A |
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4. |
Identify basic terminology of domestic law. B, C, D |
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5. |
Recognize and explain the function and purpose of antenuptial agreements. B,F |
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6. |
Identify examples of instances where a person may not need an antenuptial agreement. B,D,E,F |
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7. |
Identify and classify the various kinds of property the domestic client and spouse have acquired. B,D,E,F |
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8. |
Distinguish an irreconcilable difference divorce from a divorce on grounds. B,D,E,F |
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9. |
Identify the proper courts that have jurisdiction over domestic matters. B,E |
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10. |
Recognize the appropriate procedure for obtaining personal jurisdiction over a nonresident defendant. B,C,E |
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11. |
Recognize, understand and use the basic terms associated with paternity and legitimation. B,C,D,E,F |
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12. |
Read domestic statutes and understand terminology. B |
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13. |
Interpret state domestic law statutes and determine who may marry. B,C,D,E,F |
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14. |
Interpret state statutes on divorce and determine grounds for divorce. B,C,D,E,F |
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15. |
Interpret state child support guidelines and compute child support. B,C,D,E,F |
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16. |
Know the difference between marital and nonmarital property. B,C,D,E,F |
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17. |
Understand the difference between the rights of custodial and noncustodial parents. B,C,D,E,F |
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18. |
Understand the process of appeal. B,D,E,F |
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19. |
Recognize the formal requirements for a valid marriage. B |
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20. |
Develop and use checklists to elicit the information necessary for the preliminary draft of a divorce complaint. B |
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21. |
Develop and use checklists to elicit the information necessary for the preliminary draft of a custody modification petition. B |
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22. |
Develop and use checklists to elicit the information necessary for the preliminary draft of a child support modification petition. B |
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23. |
Understand the role of a guardian ad litem in custody proceedings. B,E |
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24. |
Recognize the paralegal's role in assisting the attorney in performing the required duties of a domestic practice. B,C,E |
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25. |
Recognize and define the techniques for child support enforcement. B,C,E |
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*Letters after performance expectations reference the course objectives listed above. |
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V. Evaluation: |
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A. Testing Procedures: |
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Students are evaluated primarily on the basis of tests. The instructor will provide full details on a supplementary syllabus the first day of class. |
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B. Laboratory Expectations: |
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Students will work in small groups to research an assigned topic then make a class presentation on that topic. |
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C. Field Work: |
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Students will be assigned a
mock client for whom he or she will complete a pleadings notebook (out-of-class
skills projects). These may include: |
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D. Other Evaluation Methods: |
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1. All tests and papers will
be graded for spelling and English usage in addition to content and format.
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E. Grading Scale: |
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A
93-100 |
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VI. Policies: |
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A. Attendance Policy: |
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B. Academic Dishonesty: |
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Plagiarism, cheating and other forms of academic dishonesty are prohibited. A student guilty of academic misconduct, either directly or indirectly through participation or assistance, is immediately responsible to the instructor of the class. In addition to other possible disciplinary sanctions that may be imposed through the regular Pellissippi State procedures as a result of academic misconduct, the instructor has the authority to assign an F or a zero for the exercise or examination or to assign an F in the course. |
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C. Accommodations for
disabilities: |
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If you need accommodations
because of a disability, if you have emergency medical information to share, or
if you need special arrangements in case the building must be evacuated,
please inform the instructor immediately. Please see the instructor privately
after class or in his/her 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 127 or 131 or by phone: 694-6751(Voice/TTY) or
539-7153. |
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D. Other Policies: |
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Late papers will not be accepted nor will make-up tests be given without specific approval of the instructor. |
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