Elmira Business Institute Introduction to Paralegal Studies (LEG 120)

Transcription

1 Instructor Information Instructor: Office Location: Telephone: Office and Tutoring Hours: Elmira Business Institute Student Syllabus: Introduction to Paralegal Studies (LEG 120) Semester: Summer 2014 Course Identification Course Number: LEG 120 Course Credits: 3 CREDITS Course Name: Introduction to Paralegal Studies Course Location: Class Times: Prerequisites: Legal Terminology (LEG 110) Course Description The course is an introduction for students interested in the basic functions of a legal secretary or clerk within law firms, corporate legal departments, and government agencies. General types of law firms and law practices are covered, as well as common organizational structures for law firms, large and small. The student will gain an understanding of ethical and professional standards, legal and paralegal organizations, and how to conduct legal research using online resources and databases. Student Learning Outcomes Upon completion of this course, students will be able to: Describe the duties performed by paralegals and other legal professionals; Describe and understand the basic composition of the court system; Compare civil versus criminal law; Use academic sources to compare and contrast the process of case law with constitutional law & statutory law; Understand how to conduct legal research and prepare legal briefs; Appreciate the importance of ethics and professional responsibilities of paralegals; and Identify trends in legal profession with increase of global corporations, global law firms, e- commerce, social networking, digital forensics, paralegal outsourcing, etc. The VISIONS (Vital Information for Students In Obtaining their Next Success) Program Missions Statement: The VISIONS portfolio demonstrates your competency and skills in your chosen career field. The completed portfolio will allow the student to present examples of abilities and relevant skills to prospective employers as evidence of career readiness. 1

2 VISIONS Project for LEG120: A research paper /brief on one or more cases including: your research strategy; basic legal information regarding the issue(s); the citation; the facts; the procedure; the issues of the case; the decision; the court's reasoning; the holding; and your annotations / opinion and other comments. Required Course Text and Course Materials: Miller, Roger L., Meinzinger, Mary. Paralegal Today: the essentials. Clifton Park, NY: Delmar Cengage Learning Print. ISBN: Statsky, William and Sarachan, Robert. The New York Paralegal: essential rules, documents, and resources. Clifton Park, NY: Delmar Learning Print. ISBN: Supplemental Resources: Statsky, William P. Introduction to Paralegalism: Perspectives, Problems and Skills. 7 th Ed. Mason: South-Western Cengage Learning, Print. ISBN: Cheeseman, Henry R. and Thomas F. Goldman. The Paralegal Professional. 2 nd Ed. New Jersey: Prentice Hall, Print. ISBN: Edwards, Linda L, and J. Stanley Edwards. Introduction to Paralegal Studies. 1 st Ed. West Publishing Company, Print. ISBN: American Bar Association. The Legal Assistant's Practical Guide. 2 nd Ed. American Bar Association, Print. ISBN: U.S. Constitution. Cornell University Law School. Web. 27 Nov < New York State Constitution. New York Department of State, 1 Jan Web. 27 Nov < American Bar Association. American Bar Association, Web. 27 Nov Glossary. Ed. Administrative Office of the U.S. Courts. United States Courts. Web. 27 Nov < Assessment: Essay assignments and research projects will be evaluated on a standard grading rubric. Written examinations will be graded according to content; (multiple choice, fill-in-the blank, short answer, and/or essay). The instructor will endeavor to return student work product by the next official class period whenever possible. Essay and/or research projects will be returned as soon as all class projects 2

3 have been graded. Student Homework Policy Statement: Elmira Business Institute (EBI) syllabi contain assignments in alignment with the federal government s definition of appropriate assigned homework for each credit hour. For each one credit hour of classroom or direct faculty instruction, two hours of out of class student work will be assigned. (For example a three credit course will include an average of 6 hours of homework each week for 15 weeks). For classes with lab or clinical work, a three credit, four hour class will include an average of 6 hours of homework each week. For externships, each credit hour will include an average of 3 hours of homework per week. Assignments are directly relevant to course objectives and learning outcomes and are included at the end of the syllabi. Each assignment will be graded and recorded by the instructor. Evaluation: Assessment Type % of Grade Professionalism, Attendance, and Homework 10% Midterm & Quizzes 30% Case Studies 10% VISIONS Project 20% Final Exam 30% Total 100% Grading Scheme: Numerical Average Letter Grade Quality Points A A B B B C C C D D D F 0.0 Withdraw/Failing W/F 0.0 Withdraw W ---- Incomplete I ---- Test Out TO ---- Transfer of Credit T ---- Course Policies Behavioral Standards: Students are expected to abide by all public laws; to comply with the regulations and policies of 3

4 the College; and to demonstrate a positive attitude, diligence, and courteous conduct toward instructors, staff, and fellow students. Respect for others in terms of language, demeanor, and attention to others while they are speaking, is expected. The College reserves the right to dismiss or suspend students for conduct which impedes, destructs, or interferes with the orderly and continuous administration and operation of the College or any unit of the College. Attending EBI is not a right; it is a privilege. As a part of its mission to prepare students for careers in the business and healthcare world, EBI requires students to dress in a manner that will create a positive self-image. Inappropriately dressed students may not be permitted to attend classes. Students in College externships are required to follow the participating organization s dress code. No cell phone use or Internet access is allowed in the classroom unless permission is granted by the instructor and usage is course appropriate. No eating or drinking in EBI s classroom laboratories (medical, business or technology), Library or Learning Resource Center. Attendance Policy: Attendance is mandatory and will be used when calculating participation/attendance. Class will begin promptly. Students who are late or absent are responsible to obtain lecture notes, assignments, and announcements after class, so as not to interfere with class time, or the work of fellow students. Along with the portfolio, one of the first questions a potential employer will ask the Career Services representative about is student attendance. Your attendance in the classroom directly represents your quality of potential work. Students who do not attend classes after missing 14 consecutive calendar days or who fail to attend classes on a regular basis will be administratively dropped by the college. Since attendance is also used to verify enrollment for financial aid purposes, it is important that students attend classes on a regular basis to avoid loss of financial aid eligibility (student loans) and federal and state grants. Make-Up Policy: When a student is absent, that student is responsible for making up missed class work. Make-up tests or quizzes may be offered at the instructor s discretion via ONE-STOP at the Library, and it is the student s responsibility to arrange a time at the librarian s convenience to do so. One-Stop tests and quizzes must be taken within one week of the date of absence; failure to make up work, quizzes, or exams in a timely manner may result in a 0 grade. There is no charge for make-up work. The students will not be allowed to make-up the Final Examination for the course. Final Examinations may only be made up with approval from the Campus Director/Dean and appropriate documentation. 4

5 Academic Integrity/Plagiarism Rules: EBI is committed to supporting its mission to provide an educational experience designed to develop professional competencies including developing habits of personal and professional integrity. The College expects all members of its community - students, faculty, and staff - to act honestly in all situations. Actions of Academic Dishonesty will not be tolerated. Academic Dishonesty is any form of cheating and plagiarism which results in students giving or receiving unauthorized assistance in an academic assignment or receiving credit for work which is not their own. All students are expected to agree to a pledge of honesty concerning their academic work, and faculty is expected to maintain the standards of that code. If you think it may be cheating, it probably is. Please keep in mind that plagiarism includes: Copying another person s work and claiming credit for it Failing to give credit - both a works cited and in-text citations are required for information you retrieved from another source whether or not it is a direct quotation Incorrectly citing a source Failing to use quotation marks for a direct quote Improperly paraphrasing - both the words and the structure of your writing must differ from your source Students will be given a complete policy the first day of class to review and sign. For questions about plagiarism or assistance at any part of the writing process, please visit the Writing Lab or Library. Academic Support Tutoring is available at a variety of times throughout the week. Please see the instructor for tutoring availability each week. Writing Lab hours are posted outside the door. The Writing Lab is a first stop for help for writing for any course. To make an appointment during a time when the Writing Lab is usually closed, please contact the Writing Lab Coordinator. The Math Lab assists students with their math courses. Students can drop in to ask questions about homework, or to gain clarity before a quiz or exam. Please refer to Faculty Tutoring schedules for designated times. The tutoring schedule is posted outside the Math Lab. A lead instructor in the program discipline runs the Math Lab. Mentoring is provided to each student at the beginning of the semester. Staff or Faculty Mentors can facilitate student access to learning resources and answer basic questions regarding EBI academic programs and policies. The Library supports the academic programs of the College and offers technology to speed student research in databases and on the Internet. A Librarian is available to assist in research and navigating our resources. Use the Library catalog ( to search for a book in the library, access databases and e- books, and find reference tools. Information is also available about community resources, including scholarships, part-time employment, child care, and transportation. Course Schedule 5

6 Lesson # Topic(s) Introduction: A holistic overview of the entire course including a high-level view of the purpose and context of the course material for future legal secretaries and others wishing to enter the legal field. Part 1 - Paralegal Profession 1.1 Overview of New York Paralegals 1.2 Paralegal Associations and Related Groups in New York 1.3 Sources of CLE for Paralegals Appendix A. Paralegals in Court Opinions Appendix B. Becoming an Attorney in New York Part 2 - Paralegal Employment 2.1 Resources for Finding Employment in New York 2.2 Sample Paralegal Job Descriptions 2.3 Sample Paralegal Job Description in a Federal Agency 2.4 Pro Bono Opportunities for Paralegals 2.5 Becoming a Notary Public Part 2 - Paralegal Employment (continued) 2.6 An Employee or an Independent Contractor? 2.7 Overtime Pay under Federal and State Law 2.8 Laid-Off Paralegals and Unemployment Compensation 2.9 Injured Paralegals and Workers Compensation Appendix A. Deductibility of Paralegal Education and Training Part 3 - Ethics, Paralegals, and Attorneys 3.1 Defining the Practice of Law and the Unauthorized Practice of Law 3.2 New York Rules of Professional Conduct (RPC) and Related Judiciary Law Statutes 3.3 Ethical Opinions and Guidelines on Paralegals and Other Employees 3.4 New York Bar Associations, Related Attorney Organizations, and Paralegal Membership Opportunities Appendix A. Deductibility of Paralegal Education and Training Part 4 - Legal System 4.1 Introduction to the State Government of New York 4.2 State Courts in New York 4.3 Federal Courts in New York 4.4 State Legislation: How a Bill Becomes a New York Statute 4.5 State Agencies, Offices, and Boards 4.6 Counties and Cities: Some Useful Law-Related Sites 6

7 Review and Mid-Term Exam Part 5 - Legal Research and Records Research 5.1 New York State Legal Research 5.2 Citation Examples: Some Comparisons 5.3 Abbreviations in Citations 5.4 Abbreviations for Note-taking Part 5 - Legal Research and Records Research (continued) 5.5 Research Starters for 78 Major New York Topics 5.6 Self-Help Resources in New York 5.7 Public Records Research 5.8 Finding Law Libraries in Your Area 5.9 Hotline Resources and Complaint Directories Part 6 - Procedure: Some Basics 6.1 Civil Case in New York State Courts 6.2 Venue, Process, Pleadings, and Disclosure: 43 Rules Even Non- Litigation Paralegals Should Know 6.3 State and Federal Civil Litigation in New York: Some Comparisons 11 Movie: Erin Brockovich Part 6 Procedure: Some Basics (continued) 6.4 Timeline: Criminal Case in the New York State Courts ** Criminal defense attorney in to discuss criminal law and procedure with the students Part 7 Sample Documents 7.1 Sample Civil Complaint Filed in New York State Court 7.2 Sample Civil Complaint Filed in a Federal District Court in New York 7.3 Sample Memorandum of Law Applying New York Law 14 Mock Trial Part 7 Sample Documents (continued) 7.2 Sample Appellate Brief Filed in the New York Court of Appeals 7.3 Sample Indictment Filed in New York State Court 15 Review and Final Exam 7

8 Please note: Changes to the syllabus may be made at the discretion of the instructor throughout the semester. February 4, 2012 June 18, 2012 October 10, 2012 February 19, 2013 Revised: August 26, 2013 mzt Revised June 18, 2014 bb 8

9 General Information about Composing a Case Analysis In general, a case study analysis should be organized to deal with the following items: 1. Concise, chronological restatement of the history, background, and important facts of the situation. 2. Identification of major problem(s) and issues clearly state what the problem(s) and issues are as you interpret the case. 3. Analysis of the problem(s) list the factors contributing to the problem(s) you have identified; that is, identify why the problem exists. 4. Possible outcomes/solution(s) State your recommendations for dealing with the problem(s) and issues you have identified. Adapted from Proper Case Analysis Format (10 points) Content Analysis (35 points) Gives own analysis beyond any study questions offered Content Support (30 points) Organization- Effective, Persuasive (15 points) Rubric for Evaluating Case Analysis Case Analysis Evaluation 100 Points Above average Average Below average Points Follows format Follows format most of Does not follow format successfully the time consistently Gives some analysis Little to no analysisonly repeats case material Offers concrete examples and relevant support Connects sentences and paragraphs logically to convey ideas clearly Needs more concrete examples and/or relevant support Connects sentences/paragraphs logically on an inconsistent basis, but main ideas are discernible Selects irrelevant or ineffective examples Does not connect sentences/paragraphs logically ideas are unclear 9

10 Writing- Effective Style/Grammar/Mechanics (10 points) Avoids irrelevant wordiness, jargon, clichés; and uses proper grammar, spelling, and punctuation. Uses professional tone. Uses irrelevant wordiness, jargon, clichés. Need for more professional tone. Has several grammar, spelling, or punctuation errors. Uses extensive wordy, redundant, and vague language. Overuses jargon and clichés. Makes numerous grammar, spelling, or punctuation errors. Adapted from The use of was used on this assignment: Yes No 10

11 Professionalism Rubric Total Points Excellent (16 to 20 points) Good (11 to 15 points) Fair ( 6 to 10 points) Poor (0 to 5 points) Attendance The student arrives on time for the course, and stays for the duration of the class for at least 14 out of 15 meetings. The student arrives on time for the course, and stays for the duration of the class for 11 to 13 meetings. The student arrives on time for the course, and stays for the duration of the class for 7 to 10. The student arrives on time for the course, and stays for the duration of 6 or less class times. Class Engagement Proactively contributes to class by offering ideas and asking questions more than once per class. Proactively contributes to class by offering ideas and asking questions once per class. Rarely contributes to class by offering ideas and asking questions Never contributes to class by offering ideas and asking questions Listening Actively listens when others Skills speak during in-class activities. Incorporates the ideas of others in questions/comments. Behavior Never displays disruptive behavior, respectful of others in their actions and language, and cooperates in a classroom environment. Preparation Always prepared for class, hands in work at beginning of class, and follows appropriate dress code. The student does not use electronic devices inappropriately. Total Points /100 points Listens when others speak both in groups and lecture. Rarely disruptive, partial participation in group activities. Usually prepared for class, often hands in work at beginning of the class, and mostly follows appropriate dress code. The student rarely uses electronic devices inappropriately. Does not listen in groups or lecture and is un- engaged during class. Occasionally disruptive, rarely participates in group activities. Rarely prepared for class, rarely hands in work at the beginning of the class, and rarely follows dress code. The student uses electronic devices often inappropriately. Does not listen in both groups and lecture. Interrupt s or talks in class. Very disruptive with actions and language, never participates in group activities. Almost never prepared for class, excessively hands in work late, and does not follow dress code. The student uses electronic devices inappropriately excessively in the classroom. Student s Signature: Date: 11