Pellissippi State Technical
Community College
Master
Syllabus
FAMILY LAW
LAW 2110
|
Class Hours: 3.0
|
Instructor:
|
|
Laboratory Hours: 0.0
|
Office No.:
|
|
Credit Hours: 3.0
|
Phone No.:
|
|
Date Revised: 05-02-08
|
E-mail:
|
Catalog Course Description:
A study of substantive and procedural law relating to divorce, custody, support
and adoption and the legal assistant's role in domestic cases.
Entry-level Standards:
College-level competencies in logic, reading, and English are required.
Prerequisites: LAW 1000
Co-requisite: LAW 1060
Textbooks and Other Supplies:
- Luppino, Grace A. and Miller,
J.F., Family Law and
Practice: The Paralegal’s Guide, (Pearson/Prentice Hall
2008)
I. WEEK, UNIT, TOPIC BASIS:
|
WEEK
|
UNIT
|
TOPIC
|
|
1
|
Chapters 1&2
|
Introduction to Family Law Practice (1.5 hours); Ethics (1.5
hours)
|
|
2
|
Chapter 4
|
Marriage and marriage statutes (0.5 hour); Cohabitation
(0.5 hour); Same Sex marriage (1.0 hour); Premarital Agreements (1.0 hour)
|
|
3
|
Chapter 3
|
Divorce (2.0 hours); Defenses to divorce (0.5 hour); The
Client Interview (0.5 hour).
|
|
4
|
Chapter 6
|
Property distribution (1.5 hours); Debt distribution (1.5
hours)
|
|
5
|
Chapter 5
|
Alimony (3.0 hours)
|
|
6
|
Chapter 7
|
Child Custody (1.0 hour); Visitation (1.0 hour); Parenting
Plans(1.0 hour)
|
|
7
|
Chapter 8
|
Parenting Plans- continued (1.0); Child Support (2 hours)
|
|
8
|
Chapters 9 & 10
|
Initial Responsive Pleadings in Divorce Cases 1.5 hours); Pendente Lite proceedings (1.5
hours)
|
|
9
|
Chapter 11
|
Discovery in Domestic
Relations cases (3.0)
|
|
10
|
Chapter 12
|
Marital Dissolution Agreements (2.0 hours); Final Decrees
(1.0 hour)
|
|
11
|
Chapter 13
|
ADR (1.0); Divorce Trial (2.0);
|
|
12
|
Chapter 14
|
Post-Judgment Divorce Matters(1.5); Domestic Violence
(1.5);
|
|
13
|
|
Juvenile Court proceedings: The legitimation
process (1.0 hours); child custody and support (1.0 hour); Child protection
(1.0 hour)
|
|
14
|
Chapter 15
|
Termination of parental rights (1.0 hour), Adoption (2.0
hours)
|
|
15
|
|
Final Examination
|
II. COURSE OBJECTIVES:
- Demonstrate
a complete and thorough understanding of legal ethics. I, III, V
- Identify
and become familiar with the basic terminology of domestic law. I, II, IV
- Understand
the nature of the role and responsibilities of legal assistants within the
area of domestic law. I, II, III, IV, V
- Demonstrate
a complete and thorough understanding of marriage prerequisites. I, II
- Demonstrate
an adequate understanding of the basic concepts of adoption. I, II, III
- Demonstrate
an adequate understanding of the basic concepts of child custody
decisions. I, II, III
- Demonstrate
an adequate understanding of the differences between irreconcilable
differences divorce and divorce on grounds. I, II, III, IV, V
- Understand
how to compute child support. I, II, III, IV
- Demonstrate
an adequate understanding of the basic concepts of antenuptial
agreements. I, II, III
- Demonstrate
an adequate understanding of child support enforcement. I, II, III, IV
- Understand
the difference between annulment and divorce. I, II, III, IV
- Demonstrate
an awareness of the importance of communicating with the domestic client.
I, II, III, IV, V
III. INSTRUCTIONAL PROCESSES:
The student will:
- Practice elements of the work ethic such as
professionalism, preparedness, punctuality, honesty, cooperation,
dependability, contribution, effectiveness, good manners, etc. Active
Learning Strategy, Transitional Strategy
- 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
- 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
- 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
- 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.
- Develop
investigative skills using the Internet, library, and governmental agency
resources to find relevant information. Technological Literacy Outcome,
Transitional Strategy, Active Learning Strategy
IV. EXPECTATIONS FOR STUDENT
PERFORMANCE:
The student should be able to:
- Recognize
and avoid acts that constitute the unauthorized practice of law. (A)
- Recognize
and avoid acts that constitute the breach of client confidentiality. (A)
- Recognize
potential and actual conflict of interest situations. (A)
- Identify
basic terminology of domestic law. (B, C, D)
- Recognize
and explain the function and purpose of antenuptial
agreements. (B,F)
- Identify
examples of instances where a person may not need an antenuptial
agreement. (B,D,E,F)
- Identify
and classify the various kinds of property the domestic client and spouse
have acquired. (B,D,E,F)
- Distinguish
an irreconcilable difference divorce from a divorce on grounds. (B,D,E,F)
- Identify
the proper courts that have jurisdiction over domestic matters. (B,E)
- Recognize
the appropriate procedure for obtaining personal jurisdiction over a
nonresident defendant. (B,C,E)
- Recognize,
understand and use the basic terms associated with paternity and legitimation. (B,C,D,E,F)
- Read
domestic statutes and understand terminology. (B)
- Interpret
state domestic law statutes and determine who may marry. (B,C,D,E,F)
- Interpret
state statutes on divorce and determine grounds for divorce. (B,C,D,E,F)
- Interpret
state child support guidelines and compute child support. (B,C,D,E,F)
- Know
the difference between marital and nonmarital
property. (B,C,D,E,F)
- Understand
the difference between the rights of custodial and noncustodial parents.
(B,C,D,E,F)
- Understand
the process of appeal. (B,D,E,F)
- Recognize
the formal requirements for a valid marriage. (B)
- Develop
and use checklists to elicit the information necessary for the preliminary
draft of a divorce complaint.(B)
- Develop
and use checklists to elicit the information necessary for the preliminary
draft of a custody modification petition. (B)
- Develop
and use checklists to elicit the information necessary for the preliminary
draft of a child support modification petition. (B)
- Understand
the role of a guardian ad litem in custody proceedings. (B,E)
- Recognize
the paralegals role in assisting the attorney in performing the required
duties of a domestic practice. (B,C,E)
- Recognize
and define the techniques for child support enforcement. (B,C,E)
V. EVALUATION:
- Testing Procedures:
Students are evaluated primarily on the basis of tests. The instructor
will provide full details on a supplementary syllabus the first day of
class.
- Laboratory Expectations:
Students will work in small groups to research an assigned topic then make
a class presentation on that topic.
- Field
Work:
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:
- Drafting
a complaint for divorce
- Drafting
a marital dissolution agreement
- Drafting
an answer
- Drafting
a petition to modify support
- Preparing
an antenuptial agreement
- Drafting
correspondence to client
- Preparing
a checklist for divorce, custody, child support
- Drafting
a property settlement agreement
- Drafting
an adoption petition
- Other
Evaluation Methods:
1.
1. All tests and papers will be graded for spelling and English usage in
addition to content and format.
2.
2. Students are partially evaluated on the basis of in-class projects
requiring use of the stated skills. Class participation is important and will
be considered in the final grade.
3.
3. 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
|
|
B+
|
88- 92
|
|
B
|
83- 87
|
|
C+
|
78- 82
|
|
C
|
73- 77
|
|
D
|
65- 72
|
|
F
|
64 and below
|
VI. POLICIES:
- Attendance Policy:
Pellissippi
State Technical
Community College
expects students to attend all scheduled instructional activities. As a minimum,
students in all courses must be present for at least 75 percent of their
scheduled class and laboratory meetings in order to receive credit for the
course. [NOTE: No differentiation is noted for excused/unexcused absences.
These will be treated as an absence.] (Pellissippi State, 2004-2006 Catalog, page 83)
- 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 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,
2004-2006 Catalog, pages 62-63)
- Computer Usage Guidelines:
College-owned or –operated computing resources are provided for use by
students of Pellissippi State.
All students are responsible for the usage of Pellissippi State's computing resources in an
effective, efficient, ethical and lawful manner. (Pellissippi State, 2004-2006 Catalog, pages
67-70)
- Late
Work:
Late papers will not be accepted nor will make-up tests be given without
specific approval of the instructor.