Paralegal Studies CP105

Fundamentals of Legal Practice

Course Introduction

In this course you will learn the fundamentals of legal practice. In doing so, you will develop an understanding of the sources of U.S. law and how they work together, while building a basic vocabulary and working knowledge of the major areas of legal practice.

You will study the functions and origins of U.S. law, court systems and jurisdictions, different types of hearings and trials, legal reasoning and professional ethics. This will be the most wide-ranging of the courses you will take as part of the Certificate Program in Paralegal Studies. Later classes in this program will help you learn to apply these materials and produce the types of documents you will use and create as a paralegal.

We are exposed every day to magazine articles about new statutes, television dramas about courtroom battles, or news reports about people battling regulations. These all provide brief glimpses into the legal world but rarely reveal the whole story or a true picture. In this class you will learn the vocabulary, the reasoning skills, and the basic issues of the real legal world. At the end of this whirlwind tour of the U.S. legal system, you will think differently about the legal system and have a better critical understanding of what you read and see.

Is This Course for You?

Please see admission requirements at http://www.outreach.washington.edu/ext/certificates/pas/pas_hta.asp.

Technology Requirements and Skills

In addition to the technology requirements and skills noted in the Online Student Handbook, for this course you will need to

• use a word processing program; and
• obtain and use a Westlaw password (your instructor in PARA 110, Legal Research and Writing, will explain how to do this).

Course Objectives

By the end of this course, you will be able to

• describe and explain the component parts of the U.S. legal system, and explain the role each plays in the creation and function of our legal system;
• explain the differences among enacted law, case law, and administrative law, with an emphasis on the different sources of each type of law and the different enforcement mechanisms for each type of law;
• develop a beginning understanding of the major areas of civil law;
• demonstrate fluency with legal terminology; and
• explain and apply the professional ethics unique to the practice of law and to the practice of paralegalism.

Required Materials

• Roger L. Miller and Mary Meinzinger Urisko, West's Paralegal Today, The Legal Team at Work, 4th ed. (Clifton Park, New York: Delmar Learning, 2007). ISBN: 1418050113
• or Roger L. Miller and Mary Meinzinger Urisko, Paralegal Today: Legal Team at Work & Bankruptcy Supplement Package (West Legal Studies Series), 4th ed. (Clifton Park, New York: Delmar Learning, 2008) ISBN: 1435438779 (This edition contains the same text but with the addition of a bankruptcy supplement package. It is available new.)

  There are several reasons for the selection of this textbook. The first is its in-depth coverage of substantive law. Learning basic legal theory is essential to being a successful paralegal. Second, this textbook does a good job of introducing the practical aspects of paralegal work. The featured guest articles offer numerous glimpses into the day-to-day work of paralegals, offering you more than just a bland, academic introduction to the law. Last, the layout of the textbook, from the margin definitions to the chapter summaries and course outlines, is very user-friendly. Because of their varied format and focus, these different pedagogical features provide different ways of looking at the substantive content and should appeal to a variety of learning styles.

  You'll want to keep this book, as it is also used in PARA 125, Litigation Specialties.

• Westlaw password (provided to you in PARA 110, Legal Research and Writing)

Communication with Your Instructor and Student Peers

This course offers several different venues for communicating with your instructor and classmates, including the following:

• An online Discussion Forum includes three discussion areas:
  • The Communications Forum enables you to communicate with other currently enrolled students and with your instructor. Your instructor will use this forum to communicate with you about assignments, grading, and class discussions. This forum is the place for you to ask questions and post answers to questions that other students have asked. It's also a place where you can get to know other students.
  • Two additional online forums—Ethics Forum and Project Forum—provide a place for posting your responses to assigned questions and for communicating with classmates about their responses. Your instructor will review these postings to make sure they meet the requirements for submission, but will rarely post or respond to postings here.
• Your instructor will post information in the "Messages from Your Instructor" section at the top of your online course syllabus. Watch this place for announcements!
• You will submit your graded practice assignments via e-mail for instructor review and comment. Place your answers directly into the body of the email--do not submit them as attachments to the email. In the subject line of the email, identify the assignment by both name and number (for example, Assignment 1, Ethics).
• E-mail is a quick and efficient way to communicate with your instructor about feedback you received on an assignment. Like other online students you may find you get more support and individual attention about assignments in your online class than in a traditional classroom. You should also use e-mail to ask questions about the course. If your instructor believes other students would benefit from hearing the question and the response, these will be posted (anonymously) in the Communications Forum or in the "Message from the Instructor" space at the top of your online course syllabus. For your instructor's e-mail address, see the "About Your Instructor" page of your online course syllabus.

Course Organization

There are nine lessons in this course. These lessons are carefully coordinated with the textbook. For each lesson, first skim through the online lesson commentary provided. This will draw your attention to particular points and provide emphasis and clarification where necessary. Then, read the assigned chapter(s) in the textbook. The "Study Tips" section below has suggestions on how to take notes and learn from the textbook. After reading the textbook chapter, reread the online lesson commentary.

Following most lessons, there is an assignment with multiple parts designed to help you explore the topics of each lesson. Typically, there are four parts; for each part, you are asked either to submit your results to your instructor or to post them in a discussion forum. You can read more about assignments and discussion forums below.

In addition to the lessons and assignments, there are two timed, open-book quizzes. These are designed to test your knowledge of the subject matter we covered. The quizzes take place after Lessons Three and Nine. You can read more about quizzes below.

About the Lessons

Lessons One through Three are introductory lessons that provide the fundamental platform for all the other lessons. Lessons Four through Nine cover substantive areas of law and are designed to give you a working vocabulary and basic understanding of the legal issues in a wide variety of practice areas.

Lesson One: Introduction, Ethics, and Inner Workings

We begin with an introductory lesson that addresses the role of a paralegal and provides some basic information about the working environment of a law office. This lesson will serve as an introduction to the practicalities of being a paralegal.

We then move to a discussion of the ethics that govern the practice of law. We will review the sources of ethical regulations, examine some particular ethical issues, and discuss ways in which these will impact your work. Because professionalism is so important, ethics questions recur in each of the lessons.

Lesson Two: Sources of U.S. Law

In this lesson, we cover basic sources of U.S. law. We address the doctrine of separation of powers and its relation to statutory law, case law, and regulatory law. We also explore the differences and interrelations among these types of law, and the importance of each.

Lesson Three: The Court System and Alternative Dispute Resolution (ADR)

This lesson addresses the court system and introduces the concepts of jurisdiction and venue. It also addresses alternative dispute-resolution mechanisms, such as arbitration and mediation.

The remaining lessons cover substantive areas of U.S. law. Each lesson introduces new vocabulary, concepts, and basic legal issues for each subject area. You will learn to relate these to particular fact patterns.

Lesson Four: Criminal Law

In this lesson, we introduce basic vocabulary and concepts having to do with criminal law.

Lesson Five: Tort and Product Liability

In this lesson, we move from criminal law to civil law, and—in particular—to the area of civil law known as tort law. Tort law encompasses private actions by one person against another for harms allegedly done by one to the other. Traditionally, tort law has been almost exclusively common law, but there are an increasing number of applicable statutory provisions. We see these at work in this lesson when we discuss product liability.

Lesson Six: Contracts

In this lesson, we move to another major area of civil law: contract law. We learn what is necessary for two parties to create a contract, and what can and cannot be done to enforce that contract.

Lesson Seven: Real Property, Estates, and Family Law

In this lesson, we cover laws related to property, estates, and family law. We learn the different types of property and how ownership of that property can be transferred. We will look at how one distributes one's property after death through the use of wills and trusts; and we will examine how law applies to marriage, divorce, and children.

Lesson Eight: Agency, Business Organizations, and Employment

In this lesson, we cover issues that arise in a business or employment context. In particular, we will look at the circumstances under which one person is authorized to act for another (when there is an agency relationship), at how businesses are structured, and at what protections exist for employees.

Lesson Nine: Administrative Agencies and Government Regulations

In this lesson, we will cover governmental agencies and regulations. Administrative agencies are essential to the functioning of our government. They are responsible for everything from tax collection to wetland protection. We'll examine the source of agency authority, how they act, and how their actions are constrained.

About the Assignments

Following each lesson, you are asked to complete an assignment. Most of these have four parts:

1. Graded Practice. Answer questions from the textbook and submit these per the Assignment Submission Guidelines on the "Course Introduction" page of your online course syllabus.
2. Ethical Question. During the course you will be responsible for writing one or two responses to the assigned ethics question and posting your answers in the Ethics Forum. Look in the Communications Forum for information about which weeks you are assigned to post.
3. Project. Complete the assigned individual project and post your findings in the Project Forum.
4. Response to a classmate. Respond to at least one posting by one of your classmates.

Twice during the course (once in Assignment 4 and once in Assignment 9), you will be asked to write short critical analysis essays. These essays, no more than 1 page in length, are in response to questions presented in your textbook.

You must complete and submit all parts of each assignment each week, before moving on to the next lesson. See Assignment Submission Guidelines on the "Course Introduction" page of your online course syllabus.

Each assignment contains specific details regarding what is necessary to receive credit. See also the "Evaluation" section below for grading details.

Assignment Submission Guidelines

You will submit your completed assignments via e-mail. (See the About Your Instructor page for my e-mail address.)

For each graded practice assignment, first compose your answers in a word processing program. Once you complete them, save them for your records. Then copy and paste the text of your answers into the body of an e-mail. Please include the assignment number in the subject line of the e-mail. Do not include your answers as a separate attachment.

Once you have submitted your answers, I will grade them, and add your grade and any comments directly to your submitted answers. I will then return them to you via e-mail. Please allow one week for me to grade your work.

If you have questions or comments about my grades or comments, please reply to that assignment's e-mail.

About the Discussion Forums

There are three discussion forums in this course; you'll find them by following the link to the Discussion Board link, in the Online Tools page. Please use them appropriately (see below). In addition to the required postings, in most weeks you will also read and respond to at least one posting by one of your classmates. These responses are your opportunity to benefit from class discussion and learn from one another.

Ethics Forum

This is the place to post your responses to the ethical question assigned most weeks. Your instructor will respond with general comments to the group each week, not to each posting.

Project Forum

This is the place to post your responses to the project question assigned most weeks. Your instructor will respond with general comments to the group each week, not to each posting.

Communications Forum

This is the place where we can talk with one another, discuss other issues raised by the readings or assignments, ask each other questions, and generally carry on the types of discussions that would occur if you were all attending this course in a building. Your instructor will use this forum to communicate with you about assignments and grading.

If you have a question about assignments and so on, and you think the answer will benefit the entire class, post it in this forum. If it is of a more personal nature, send it via e-mail to your instructor (see the "Course Introduction" page of your online course syllabus). If the answer will benefit the entire class, your instructor will post the answer in this forum.

About the Quizzes

There are two online quizzes, each with 20 short-answer questions.

While these quizzes are open book, they are timed. You will have one hour to complete each quiz. Do not count on being able to look up the answers for each question. You will run out of time. A well-prepared student should be able to answer 85% of the questions without referring to notes.

Although the quizzes are timed, you do not have to take them at a particular time. You will be able to "check out" your quiz at any time over several days. Do not click on the quiz page until you are ready to take the quiz. It will automatically turn itself in after one hour, and you will not be allowed to re-access the quiz.

Evaluation

Assessment criteria accompany each assignment or quiz. Before submitting an assignment, review the criteria. Make sure you answered all parts of the question and have met the requirements.

For the postings in the discussion forums, your subject line should include the assignment number (for example, Assignment 1). As you compose your posting, pay close attention to the description of the items you need to include. If all those items are in your posting, you will receive credit. If they are not, you will not receive credit for that posting. For example, if the assignment asks you to write two paragraphs, cite to one rule, and give two examples, your instructor will look for two paragraphs, one rule, and two examples. Credit for your posting will be given only if you include those elements. Six paragraphs and seven examples will not get credit if there is no rule cited.

For critical analysis essays, your answer should be no more than 1 page long. In your answer you should make sure you identify which question you have chosen to answer, and that you address each subpart of the question. Your instructor will be looking for carefully crafted, thoughtful answers which address all parts of the question. Many of these require opinion type answers. While there are no wrong answers, you must make sure that you provide logical support for the arguments you chose to make.

Course Grade

Your grade for this course will be recorded as Successful Completion or Unsuccessful Completion. (SC/USC). If you receive a Successful Completion for this course, you will earn the appropriate number of Continuing Education Units (CEUs).

Note: In order to pass the course, you must complete and pass each component or quiz (that is, earn at least 80% of the number of points possible).

Component	Percentage of Course Grade
Graded Practice	30%
Ethics Forum	5%
Projects Forum	10%
Forum Responses	5%
Critical Analysis Essays	10% (5% each)
Two Quizzes	40% (20% each)

For due dates, see Course Schedule on your online course syllabus.

Study Tips

Learning this much material in such a short time will be a challenge. The textbook provides a good introduction to the study habits that will help you succeed. Read and follow the study advice found in the "Introduction to the Student" on pages xliii to lvi, especially the advice about outlining and flashcards. Outlining can be very important for understanding the relationship of one concept to another, and it forces you to think critically about what you are learning. Flashcards are a time-honored way of learning a large amount of vocabulary in a short period of time.

You will find additional resources at http://www.westlegalstudies.com. Here's one way to use these: first, make your own detailed outline of the assigned reading, then check it against the chapter outline at this Web site. There are interactive quizzes on this site as well, though they are not always helpful to every student. Experiment to see if they suit your learning style.

Tips for Proceeding through a Lesson

A typical lesson, together with its assignment, is designed to take about six hours to complete. As a rule, expect to spend approximately three hours reading and studying the lesson and three hours on the written assignments. As you work on the assignments, be wary of "time sinks." Budget your time carefully and force yourself to move on to the next portion of the assignment if time presses.

1. Skim the online lesson commentary. This provides an introduction to and framework for the lesson topic.
2. Complete the required reading.
3. Return to the online lesson commentary; read it closely this time.
4. Outline the reading assignment, make any flashcards for new vocabulary, and check to see that you can answer the questions for review.
5. Compose your answer to the Ethical Question.
6. Research and compose your answer to the Project.
7. Review, edit, and post your answers for the Ethics and Project forums.
8. Do the Graded Practice. Submit your answers via e-mail. Your answers should be short. Many of the questions can be answered with a sentence or two, and almost all the questions can be answered in less than one paragraph. Your answer should never be longer than two paragraphs.
9. Read the other postings in the forums. Respond to at least one posting by one of your classmates. Note: Your response to a classmate's posting is a significant portion of the forum activity for any given lesson and can therefore affect your course grade significantly.

About the Developer: Kerry Fitz-Gerald

I received my JD from the University of Wisconsin, but after a brief stint practicing law, I decided to retrain and become a law librarian. Since completing my MLIS at the University of Washington, I have worked as a reference librarian at the Seattle University School of Law. In my job as a law librarian, I work with both faculty and students

For the faculty, I conduct extensive research, doing everything from tracking down obscure cases or locating international court judgments to mining social science literature for information on adolescent violence. I work with students to locate resources to answer a multitude of questions. These include questions based on their coursework or for independent study papers, or more in-depth research they are conducting for their jobs. I also work as an adjunct professor at Seattle University, teaching semester-long legal research classes.

Many people think that being a librarian means getting to spend all day reading books. I should be so lucky. While I love to read, it is often squeezed in between all the other activities that demand time. Some of the more enjoyable of those activities are hiking and camping, snow shoeing and cross country skiing, and cooking.

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