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CLA REVIEW
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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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Comprehensive review of
legal ethics, interviewing, legal analysis, terminology, legal research, and
substantive areas of law, including litigation, contracts,
corporations, bankruptcy, administrative law, criminal law, real estate
and probate. Recommended for students taking the national CLA
examination. |
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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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Prerequisite: |
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Department approval |
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Textbook(s) and Other
Course Materials: |
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NALA, Inc., CLA/CP Study Guide and Mock Examination,
4d. (current edition) |
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I. Week/Unit/Topic
Basis: |
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Week |
Topic |
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1 |
Introduction
(1.0 hour); Legal Terminology (1.0 hour); Communications (1.0 hour) |
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2 |
Communications
(1.5 hours); Ethics (1.5 hour) |
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3 |
Judgment and
Analytical Ability (3.0 hours) |
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4 |
Legal Research
(3.0 hours) |
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5 |
Human Relations
(1.5 hours); Interviewing (1.5 hours) |
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6 |
General Law
(3.0 hours) |
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7-13 |
General
coverage of remaining chapters with special emphasis on the substantive law topics
selected by the examinees (21.0 hours) |
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14 |
General Review
(3.0 hours) |
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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. |
Demonstrate a professional
attitude toward legal assistant training and employment. I, II, III, IV |
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C. |
Understand the nature of the
role and responsibilities of legal assistants within the American legal
system. I, II, III, IV, V |
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D. |
Demonstrate a complete and
thorough understanding of the purposes, expectations, and benefits of
paralegal certification. I, II |
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E |
Demonstrate analytical
ability and judgment in solving problems. I, II |
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F. |
Demonstrate an adequate
understanding of the basic concepts of primary legal topics. I, II, III |
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G. |
Use legal terminology fluently.
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
Outcome |
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2. |
Refine reading skills and expand legal vocabularies through
completion of weekly guided reading exercises that allows more effective
communication with lawyers and legal professionals. Communication Outcome,
Active Learning Strategy, Transitional Outcome |
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3. |
Strengthen analytical skills by applying 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. |
Intensive focus
on various areas of law to refine practical knowledge in preparation for
national CLA examination. Active Learning Strategy, Transitional Strategy |
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6. |
Refine
interviewing and investigative skills through mock situations and Internet
assignments. Communication Outcome, 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. |
Explain how law firms
organize and structure their businesses. B, C, D |
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5. |
Identify by proper name the
federal and state courts having civil jurisdiction. B, E |
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6. |
Identify by proper name the
federal and state courts having criminal jurisdiction. B, E |
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7. |
Discuss the paralegal’s
role in various legal environments in the United States. A, C, D, G |
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8. |
Differentiate between a
tort and a crime. B, E, F, G |
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9. |
Identify the elements of an
enforceable contract. B, F, G |
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10. |
Understand how, when and
why to complete and file UCC forms. B,C,D |
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11. |
Determine when a holder is
a holder in due course. B,C,D |
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12. |
Understand restrictive
endorsements. B,C,D |
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13. |
Differentiate negotiable
from non-negotiable commercial paper. B,C,D |
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14. |
Determine damages for
breach of contract. A,D |
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15. |
Determine when a contract
must be in writing to be enforceable. A,D |
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16. |
Recognize when a party
lacks the capacity to contract. A,D |
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17. |
Determine
when purchase money security interest has been created by purchase on
credit. B,D |
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18. |
Determine the priority of claims
to a debtor’s collateral which is subject to perfect or
unperfected security interests. B,C,D |
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19. |
Recognize and understand
the creation and enforcement of sales warranties. A,C,D |
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20. |
Understand the scope of Article
2 of the U. C. C. B, F, G |
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21. |
Identify the forms of
property ownership. B, F, G |
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22. |
Differentiate between a
sole proprietorship, a partnership and a corporation. B, F, G |
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23. |
Explain how a security interest
in property is acquired. B, F, G |
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24. |
Describe how to draft
pleadings in conformity with rules of civil procedure. B, C, D, E, F, G |
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25. |
Explain the general
requirements for all motions. B, C, F |
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26. |
Explain when a motion for
summary judgment is appropriate and describe what must be included in a
motion for summary judgment. C, F |
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27. |
Explain the purpose of a
motion for judgment on the pleadings. C, F |
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28. |
Identify the discovery
devices available to obtain facts. C, F, H |
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29. |
Describe how computers may
be used for litigation support. B, C |
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30. |
Explain how a civil case
moves through the process. C, F, I |
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31. |
Discuss when and how to
gather documents that may be used as evidence. A, C, F, J |
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32. |
Discuss prefiling
requirements to be considered in civil cases. C, F, I, M |
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33. |
Explain how to develop a
litigation strategy. C, F, I, M, N |
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34. |
Understand the purposes for
contracts, leases, deeds, and mortgage documents. A, B, D, F, J, K, L,
O |
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35. |
Explain the purposes for
closing documents, including settlement sheets. A, B, D, F, G, H, K, N |
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36. |
Describe how to conduct a
title search. B, D, F, G, H, K, L, M, N, O |
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37. |
Describe how to prepare for
and conduct a real estate closing. C, D, J, K, L, N, O |
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38. 39. |
Explain how to process notices
and documents for mortgage foreclosures. N, O Describe how to record instruments
affecting title. C, D, G, H, J, K, M |
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40. |
Explain how to process
notices and documents for a tenant eviction. A, B, C |
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41. |
Explain how to prepare an
application for a zoning variance. G, H |
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42. 43. |
Explain how to prepare a
draft of a residential or simple commercial lease. G, H, O Understand how to read a property survey
and convert it into metes and bounds. K, O |
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44. |
Identify basic terminology
of wills and trusts. B, C, D |
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45. |
Recognize and explain the
function and purpose of wills. B,F |
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46. |
Identify and classify the
various kinds of property. B,D,E,F |
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47. |
Distinguish the various
forms of ownership of real and personal property. B,D,E,F |
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48. |
Identify the proper court
that supervises the administration and distribution of a decedent’s estate.
B,E |
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49. |
Recognize the necessity for
establishing a second or ancillary administration of a decedent’s estate when
property of the decedent is located in another state. B,C,E |
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50. |
Recognize, understand and use
the basic terms associated with testacy and intestacy. B,C,D,E,F |
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51. |
Read a will and identify
the parties and gifts using both traditional and U.P.C. terminology. B |
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52. |
Interpret state intestate succession
statutes and determine who is entitled to receive what property under such
laws. B,C,D,E,F |
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53. |
Know the difference between
relationship to the decedent by consanguinity and by affinity as it relates to
the right to inherit a decedent’s property under intestate succession laws.
B,C,D,E,F |
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54. |
Understand the difference
between the right of heirs of an intestate to take their share of the estate
per capita or per stirpes. B,C,D,E,F |
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55. |
Understand the process of
escheat. B,D,E,F |
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56. |
Recognize the formal
requirements for a valid will. B |
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57. |
Identify, explain and
interpret the sources of law that determine the validity of a will. B, E |
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58. |
Explain the purpose and
function of a self-proving affidavit, living will, health care proxy, and
durable power of attorney. A,B,D,E |
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59. |
Identify and define the
essential elements of trusts. B, G |
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60. |
Explain the uses and
functions of various kinds of trusts. B,G |
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61. |
Understand the procedures
for appointing the personal representative in formal probate proceedings. B,E |
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62. |
Recognize the legal assistant’s
role in assisting the personal representative in performing the required
duties of estate administration. B,C,E |
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63. |
Demonstrate a complete and
thorough understanding of the paralegal’s role in administrative proceedings.
B,C,E |
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64. |
Demonstrate a complete and
thorough understanding of the legal principles governing administrative
decisions. B,C,E |
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65. |
Demonstrate a complete and
thorough understanding of legal vocabulary with respect to administrative
law. A,B,D,E |
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66. |
Demonstrate a complete and
thorough understanding of the administrative process generally.
A,B,C,D,E |
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67. |
Demonstrate a complete and
thorough understanding of the courts in reviewing and enforcing
administrative decisions. A,B,D,E |
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68. |
Explain how to identify and
locate applicable administrative rules, regulations, and reported decisions.
B,C,D |
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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. |
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B. Laboratory Expectations: |
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N/A |
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C. Field Work: |
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N/A |
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D. Other Evaluation
Methods: |
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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. |
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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 |
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C. Accommodation 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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