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PELLISSIPPI |
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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: Fall 09 |
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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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Luppino, Grace
A. and Miller, J.F., Family Law
and Practice: The Paralegal’s Guide, (Pearson/Prentice Hall
2008) |
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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 (1.5 hours); Ethics (1.5 hours) |
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2 |
Marriage and
marriage statutes (0.5 hour); Cohabitation (0.5 hour); Same Sex marriage (1.0
hour); Premarital Agreements (1.0 hour) |
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3 |
Divorce (2.0
hours); Defenses to divorce (0.5 hour); The Client Interview (0.5 hour). |
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4 |
Property
distribution (1.5 hours); Debt distribution (1.5 hours) |
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5 |
Alimony (3.0
hours) |
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6 |
Child Custody
(1.0 hour); Visitation (1.0 hour); Parenting Plans(1.0 hour) |
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7 |
Parenting
Plans- continued (1.0); Child Support (2 hours) |
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8 |
Initial Responsive
Pleadings in Divorce Cases 1.5 hours); Pendente Lite
proceedings (1.5 hours) |
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9 |
Discovery in
Domestic Relations cases (3.0) |
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10 |
Marital
Dissolution Agreements (2.0 hours); Final Decrees (1.0 hour) |
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11 |
ADR (1.0);
Divorce Trial (2.0); |
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12 |
Post-Judgment
Divorce Matters(1.5); Domestic Violence (1.5); |
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13 |
Juvenile Court
proceedings: The legitimation process (1.0 hours); child
custody and support (1.0 hour); Child protection (1.0 hour) |
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14 |
Termination of
parental rights (1.0 hour), Adoption (2.0 hours) |
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15 |
Final
Examination |
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II. Course Objectives*: |
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Demonstrate a complete and
thorough understanding of legal ethics. I, III, V |
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Identify and become
familiar with the basic terminology of domestic law. I, II, IV |
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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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Demonstrate a complete and
thorough understanding of marriage prerequisites. I, II |
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Demonstrate an adequate
understanding of the basic concepts of adoption. I, II, III |
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Demonstrate an adequate
understanding of the basic concepts of child custody decisions. I, II,
III |
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Demonstrate an adequate
understanding of the differences between irreconcilable differences divorce
and divorce on grounds. I, II, III, IV, V |
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Understand how to compute
child support. I, II, III, IV |
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Demonstrate an adequate
understanding of the basic concepts of antenuptial
agreements. I, II, III |
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Demonstrate an adequate
understanding of child support enforcement. I, II, III, IV |
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Understand the difference between
annulment and divorce. I, II, III, IV |
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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.
(Pellissippi State Online
Catalog) |
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C. Accommodations for
disabilities: |
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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/. |
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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. Computer
Usage Guidelines: |
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