Paralegal Studies 125

Litigation Specialties

Course Introduction

The world of litigation is fast-paced, complex, and exciting. In this course you will learn about the different types of litigation you might encounter in nontraditional areas of litigation. Individuals working in the areas of law covered in this course are often employees of public interest organizations or nonprofit corporations, or they are court-appointed counsel or solo practitioners. Many paralegals find great personal fulfillment in this type of public service work.

Course Objectives

After successfully completing this course you will be able to

• locate the sources of a given region's criminal codes and summarize the various sources of misdemeanor, felony, and federal criminal laws;
• identify which behaviors fall into various categories of crimes and demonstrate this knowledge by completing the self-graded quiz on criminal law;
• demonstrate a working knowledge of how a legal case flows through a court process for each of the specialty areas covered in the course—criminal, dependency, and family law by putting the steps of hypothetical cases in proper procedural order;
• demonstrate an understanding of the constitutional constraints on law enforcement agencies during criminal investigations by drafting a memorandum for one of the cases establishing limits on law enforcement;
• demonstrate a basic understanding of all criminal law concepts presented, including terminology, case flow, and constitutional arguments, by passing a graded quiz;
• articulate the possible basis for a dependency petition and demonstrate this knowledge by drafting an informational memorandum based on a dependency hypothetical ;
• demonstrate a basic understanding of the laws that govern families by completing a self-graded quiz on marriage;
• demonstrate a working knowledge of the issues in divorce/dissolution cases by completing a self-graded quiz on divorce/dissolution;
• demonstrate a working knowledge of the issues presented by children of a marriage facing divorce/dissolution by drafting a parenting plan on a hypothetical set of facts; and
• demonstrate a basic understanding of all family law concepts presented by passing a graded final quiz.

Course Overview

The topics covered in this course are criminal law as it applies to adults, juvenile law as it applies to youthful offenders, dependency law as it applies to the departments of social and health services seeking to intervene in the parent-child relationship, and family law, including marriage, dissolution, and parenting plans.

This course is designed to provide an overview of those litigation specialties that were not covered in detail in the other courses of the certificate program in Paralegal Studies. This analysis of various specialties will broaden your understanding by focusing on several particular specialty areas.

Prerequisites

PARA CP105, Fundamentals of Legal Practice, and PARA CP110, Legal Research and Writing

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

• read .pdf documents from the Web using the Adobe Reader;
• access documents using your Westlaw password (provided to you in PARA CP 110, Legal Research and Writing); and
• use a word processing program.

Required Reading

Criminal Law

1. Washington Courts, "A Citizen's Guide to Washington Courts," The Administrative Office of the Courts, http://www.courts.wa.gov/newsinfo//resources/?fa=/newsinfo_jury.brochure_guide&altMenu=Citi (accessed June, 2007).
2. Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L.Ed.2d 694 (1966).
   1. The Oyez Project:  US Supreme Court Media, Miranda v. Arizona, Text of the Opinion
      http://supreme.justia.com/us/384/436/case.html
   2. The Oyez Project: US Supreme Court Media, Miranda v. Arizona, Oral Argument
      http://www.oyez.org/cases/1960-1969/1965/1965_759/argument/
3. Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L.Ed.2d 889 (1968).
   
   1. The Oyez Project:  US Supreme Court Media, Terry v. Ohio, Text of the Opinion
      http://supreme.justia.com/us/392/1/case.html
   2. The Oyez Project:  US Supreme Court Media, Terry v. Ohio,
      Oral Argument (Download MP3 File)
      http://www.oyez.org/cases/1960-1969/1967/1967_67/argument/
4. Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963).
   1. The Oyez Project:  US Supreme Court Media, Gideon v. Wainwright, Text of the Opinion
      http://supreme.justia.com/us/372/335/case.html
   2. The Oyez Project:  US Supreme Court Media, Gideon v. Wainwright, Oral Argument (Download MP3 File )
      http://www.oyez.org/cases/1960-1969/1962/1962_155/argument
5. James W.H. McCord and Sandra L. McCord, Criminal Law and Procedure for the Paralegal: A Systems Approach. 3rd ed. (Albany, NY: West/Thomson Learning, 2006).
   1. Criminal Law and Procedure for the Paralegal, chapter 3: Components of a crime, pages 51–71.
   2. Criminal Law and Procedure for the Paralegal, chapter 11, Pretrial:  Initial Appearance to Preliminary Hearing, pages 399–423.

Dependency

1. Jan McCarthy and others, "A Family's Guide to the Child Welfare System," Child Welfare League of America, http://www.cwla.org/childwelfare/fg.pdf (accessed December, 2006).
2. Child Welfare Information Gateway, "What Is Child Abuse and Neglect?" (pdf), U.S. Department of Health and Human Services, April, 2006.
3. John Iwasaki, “Native American, black kids more likely to end up in foster care,”  Seattle Post-Intelligencer, June 26, 2008, http://seattlepi.nwsource.com/local/368357_foster26.html 
4. National Coalition for Child Protection Reform, "Child Welfare and Race," National Coalition for Child Protection Reform, http://www.nccpr.org/newissues/7.html (accessed December, 2006).
5. Child Welfare Law and Practice:  Representing Children, Parents, and State Agencies in Abuse, Neglect and Dependency Cases, (Bradford Publishing Company, 2005)
   
   1. Child Welfare Law and Practice:  Chapter 9, Child Welfare Constitutional Case Law, pages 197–211.
   2. Child Welfare Law and Practice:  Chapter 10, A Child’s Journey Through the Child Welfare System, pages 213–233.

Family Law

1. Roger L. Miller and Mary Meinzinger Urisko, West's Paralegal Today, The Legal Team at Work. 4th ed. (Clifton Park, NY: Delmar Learning, 2007, chapter 10, pages 340–353.
   ISBN 1418050113 (required text)
2. The Family Law Handbook, Understanding the Legal Implications of Marriage and Divorce in Washington State (2008).  http://www.courts.wa.gov/newsinfo/content/pdf/FamilyLawHandbook.pdf
3. Loving v. Virginia, 388 U.S. 1, 87 S. Ct. 1817, 18 L.Ed. 2d 1010 (1967).
   
   1. The Oyez Project:  US Supreme Court Media, Loving v. Virginia, Text of the Opinion
      http://supreme.justia.com/us/388/1/case.html. The Oyez Project: US Supreme Court Media, Loving v. Virgina, Oral Argument
      http://www.oyez.org/ cases/1960-1969/1966/ 1966_395/argument/
4. Skinner v. Oklahoma, 316 U.S. 535, 62 S.Ct. 1110 (1942).
   
   1. The Oyez Project:  US Supreme Court Media, Skinner v. Oklahoma, Text of the Opinion
      http://supreme.justia.com/us/316/535/case.html
5. Washington Law Help, Family Law, Parenting Plans/Residential Time (Court Orders about child custody) http://www.lawhelp.org/documents/1475813230EN.pdf?stateabbrev=/WA/
6. Court Forms:  Proposed, Temporary and Final, Washington State:  http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=35
7. ACLU, "Washington Supreme Court Fails to Uphold Marriage Equality," July 26, 2006, http://www.aclu.org/lgbt/relationships/26246prs20060726.html

About the Online Resources

Your online course offers several advantages to the traditional classroom, including the comprehensive Online Student Handbook, the ability to communicate electronically with students and with your instructor, and links to a rich array of UW Library Services.

Online Student Handbook

This handbook answers questions about your online learning course, such as how to purchase your text, schedule an exam, obtain a transcript, and get technical help if you need it. The handbook also provides additional resources, such as how to order books or journals from the library and how to study for an online course.

Communication with Your Instructor and Student Peers

• Your instructor communicates with the entire class by using the Class Discussion Board.  Students must check the discussion board frequently in order to remain informed and to earn class participation points.  If you have a personal issue to discuss with the instructor or simply wish to communicate more directly with your instructor, please use email.  You can expect a response within twenty four hours.    
• Online Discussion Forums, designed by the University of Washington award winning Catalyst team, allow you to communicate with other currently enrolled students and with your instructor. Participating in the online discussion forum is required to pass the class. You must post in each of the subject areas in order to pass the course. See notations in the grading section below.  Additionally, it is a great way to exchange ideas, resources, and comments about your course work with other students in this course. This unstructured forum is monitored by your instructor.
• Students may use e-mail to ask a question, however it is preferable that you post your question on the discussion forum so that others can also learn from the response. Your instructor will reply to all discussion forum, and to e-mail questions via e-mail.

UW Library Services

As an online student, you have access to a wealth of Web resources compiled to provide fast, easy access to information that supports your online learning experience. Organized by subjects, UW Library Services links you to sites with help for writing and research, study skills, language learning, and library reference materials. All links have been assessed for credibility and reliability, and they are regularly monitored to ensure their usability.

About the Course

There are nine lessons—three for each the areas of law covered in this course—criminal law, dependency, and family law. Lessons have either a reading or a research assignment. In addition, Lessons Three and Six each have a graded quiz. There is a graded cumulative final quiz after Lesson Nine (see below for more information). Your participation in the class discussion boards is required to pass the course.

Key Terms and Concepts

Key terms and concepts are listed by the lesson on the Key Terms and Concepts page linked from the Course Syllabus Be sure to learn these.

Practice Exercises

Practice Exercises accompany the research and reading assignments. These are not to be submitted.

• Practice Exercises appear in each lesson and provide you the opportunity to test your level of understanding without being formally assessed. These questions are not graded and you should not confuse them with the graded written assignments found in Lessons Three, Six, and Nine. If you have difficulty completing practice exercises, review the lesson commentary or e-mail your instructor.

About the Lessons

Lesson One—Crimes, Criminals, and Punishments

This lesson provides an introduction to the various sources of laws that provide a basis for criminal prosecution. You learn the various categories of crimes and the fundamental differences in adult and juvenile criminal law.

Lesson Two: Complaint, Arraignment, Pretrial, and Trial—Adults and Juveniles

This lesson covers the procedural course of the criminal case through the court system, from the first hearing to the last hearing, for both adults and juveniles.

Lesson Three—Constitutional Constrictions on the Criminal Process

This lesson covers some of the basic constitutional constraints imposed on law enforcement agents when they interact with citizens in the course of the investigation.

Lesson Four—Overview of Dependency/Child Welfare Law

This lesson provides an overview of the dependency system, also known as the child welfare system. The dependency system provides the court structure that allows the state to intervene in the parent-child relationship when allegations of abuse, neglect, or abandonment are made.

Lesson Five—72 Hour Hearings, Shelter Care, Dependency, and Permanency Planning

This lesson provides a specific look at the court process in dependency actions. Dependencies are a civil process and, therefore, mirror other civil actions.

Lesson Six—Reunification, Termination, or Guardianship

This lesson provides a specific look at the court process in termination actions. As was the case with dependency actions, termination actions are civil.

Lesson Seven—Marriage, the Constitution, and the Defense of Marriage Act of 1996

This lesson provides an overview of the institution of marriage from the legal requirements of marriage to the constitutional limitations on state legislation relating to marriage.

Lesson Eight—Dissolution/Divorce, Community Property, and Prenuptial Agreements

This lesson provides an overview of divorce, with a look at concepts of community property and alimony.

Lesson Nine—Parenting Plans and Orders of Support

This lesson provides a detailed look at the issues that arise in a divorce involving parents. You will draft a sample parenting plan based on a set of hypothetical facts.

About the Graded Assignments

The course includes three graded, written assignments found in Lessons Three, Six, and Nine.

• Each graded assignment should take two hours, with the exception of the parenting agreement for Lesson Nine, which can take up to four hours.
• You must complete and submit the graded assignment for Lesson Three before submitting the assignment for Lesson Six.
• Deadlines exist in the syllabus in order to ensure that work is completed in a timely manner, thus laying the foundation for moving on to the next area of study. I take off one point per day for late assignments.
• Extra credit assignments are available on a case by case basis, where, in extreme cases of illness or pressing family emergencies students have not met the minimum requirements of the course.

Assignment Submission Guidelines

You will submit your completed assignments by uploading them to the Catalyst submission tool (Catalyst Collect It). I will provide individual feedback on the written assignments only via the Catalyst submission tool (Catalyst Collect It)..

Click the "Submissions" link on your Course Syllabus. Submit completed assignments to the designated dropbox by the date and time indicated on the Course Schedule.

• REQUIRED: Use the following convention for naming your file:
  yourlastnamePARACP125_# (where # is the Lesson Number); for example: WilliamsPARACP125_1
• Save a copy of each assignment as a precaution.
• Compose your assignment offline in a word processor; then upload the document using the conventions described above.
• Please make arrangements with your instructor in advance if you must turn in any assignment late. You will lose credit if you fail to do so.

Self Check

Before submitting your assignments, check to see that they measure up to the standards for legal research and writing—that is, that you "dissect [the] problem, identify the appropriate issues, and present a succinct legal analysis" (Christine G. Mooney, "When Does Help Become a Hindrance: How Much Should We Assist Students with Their Graded Legal Writing Assignments?" Perspectives: Teaching Legal Research and Writing 10, no. 2 (2002): 70, http://west.thomson.com/pdf/perspec/Winter%202002/1win02.pdf).

Quizzes and the Final Quiz

For the dates and times of the quizzes and the final quiz, consult the Course Schedule on your online course syllabus.

The online quizzes occur in Lessons Three and Six and consist of multiple-choice questions. These two quizzes are open book and timed. Once you begin, you must complete each quiz within 15 minutes.

The final quiz occurs after Lesson Nine and consists of both multiple-choice and short-answer questions. It covers material in all nine lessons. This quiz is open book and timed. Once you begin the quiz, you must complete it within 45 minutes.

Evaluation and Grading

You are evaluated based on graded assignments, quizzes, and participation in discussion forums.

• The graded assignments in Lessons Three, Six, and Nine are evaluated by the demonstrated level of understanding of the subject matter in each assignment. The criteria are provided in the corresponding lesson.
• The lesson quizzes and the final quiz are designed to elicit specific understanding of the rules applicable in a given type of case. For example, the dependency court operates under the assumption that certain basic rights are afforded to persons facing dependency proceedings. You should be able to articulate what rights will be afforded to parents when they enter the courtroom.
• Class participation points are earned when you post at least three substantive posts, one in each subject area, throughout the quarter to the online discussion boards.

Grading

Note: In order to pass the course, you must complete and pass each assignment and quiz and participate in the online discussion boards.

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).

There are 110 total possible points in the course.

• Each graded assignment is worth 10 points. There are three graded assignments for a total of 30 points.
• Each graded quiz is worth 20 points. There are two quizzes for a total of 40 points.
• The graded final quiz is worth 30 points.
• Three substantive posts throughout the quarter to the online discussion boards comprise your class participation and are worth a total of 10 points.

You must earn at least 80 points or 80% of the total possible points in order to receive a grade of Successful Completion for this course.

Study Hints

Engage yourself by reading the assigned materials. Research into local systems of justice is encouraged. Contact your instructor via e-mail (see the "About Your Instructor" page of your Course Syllabus) to discuss differences you observe in your local system. A fundamental understanding of how the court resolves disputes that arise in the context of the given areas of laws is desired. To this end, a thorough reading of the case law is indispensable.

About the Developer

Brenda Williams obtained a Bachelor of Arts degree in political science from the University of Washington in 1994, and in 1997 earned both a Juris Doctor from the University of Washington School of Law and a Master of Public Administration from the University of Washington Graduate School of Public Affairs. She spent ten years with the Public Defender's Office, representing persons in the misdemeanor division, felony division, juvenile division, dependency division, and the special offender commitment division.

In the spring of 2008, she become a lecturer at the University of Washington School of Law in the Tribal Court Public Defense Clinic, teaching and guiding students through the representation of persons accused of misdemeanors in the Tulalip Tribal Court. Brenda has been a part-time instructor for the University of Washington paralegal studies program since 2003. She previously taught at both the Seattle and Tacoma branch of the UWEO program, prior to the online certificate program. She is currently the instructor for the Para 115, Litigation Basics course, and the PARA 125, Litigation Specialties. Please see the About Your Instructor on the Course Syllabus for more details.

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