Contact: Office Hours: By appointment and prior to class.

Transcription

1 Tulane University School of Continuing Studies PARA INTRODUCTION TO PARALEGAL STUDIES Fall 2015 Thursday, 6:00 8:40 p.m. Elmwood Instructor: Kathryn Clark Beachy, M.B.A. Contact: Office Hours: By appointment and prior to class. Required texts: Introduction to Paralegalism, Perspective, Problems & Skills, 8 th ed., William P. Statsky Gideon s Trumpet, Anthony Lewis Course Description: Introduction to the study of law and the legal system; an overview of the skills of the paralegal including litigation, legal interviewing, investigation in the law office, and legal trends, emphasizing professionalism and ethics, including the unauthorized practice of law. LEARNING OUTCOMES ASSESSMENTS 1. Describe the paralegal profession in the context Through weekly news article assignments, of the U.S. legal system and current ethical, assigned readings, Through study, discussion regulatory, educational and workplace issues and exam questions on NALA and NFPA canons and ethical considerations, as adapted from ABA Model Code of Professional Responsibility 2. Identify distinguishing characteristics of the Through assigned readings, visit to court and federal and state court systems assigned paper, & through mid-term and final examinations 3. Correctly utilize basic legal terminology and Through vocabulary flash cards project, vocabulary assigned news articles, assigned novel, & mid term & final exam 4. Develop beginning legal analysis skills Through assigned readings and case brief assignment 5. Demonstrate a basic understanding of legal Through assigned readings and in-class research and writing 6. Provide an overview of criminal and civil litigation 7. Explain informal and formal advocacy techniques, including mediation 8. Summarize paralegal investigative techniques utilizing legal rules of evidence research exercise Through assigned readings, weekly news article assignments, and through the mid-term and final examinations Through assigned readings and the final examination Through assigned readings, handouts, possible outside speaker, and the final examination Instructional Methods: Lecture, case briefing and discussion, small group breakout sessions, written assignments, tests, scenarios presented for class discussion, student visit to court outside of the class time, and guest lectures, based on time and availability. All assignments must be typed, in Word format. 1

2 Evaluation of Student Performance: Grading: a) News Articles, Weekly questions, Index Cards, & Binder 15% b) Gideon quizzes (2%)/questions (8%) 10% c) Analysis/Research assignments 10% d) Mid-term Exam 20% e) Final Exam 30% f) Term project (trip to court & paper) 15% 100% Practical Assignments: News articles: weekly annotated news article summary and critique of civil law issue, with student observational commentary on relevance due at the beginning of every class period Visit to court & 4-5 page paper of student observational commentary Case brief: Written assignment In class research exercise (depending on time) Loose-leaf binder/portfolio and vocabulary flashcards Questions on Gideon s Trumpet: Typewritten, double-spaced, 5 pages - 1 full page per question. 1. Deadlines: Homework/quizzes are a very important and integral part of the course. They allow students to review and practice topics discussed during class, further familiarization with the course materials, as well as evaluation of the students knowledge and understanding of the course subject. All assignments are due on the date specified, at the beginning of the class period. Assignments that are submitted late will be subject to a five (5) point penalty per day up to seven (7) days, after which the assignment will not be accepted. You may the assignment within the time limit. Please note: upper-level instructors do not accept any late assignments. 2. Grading Scale (per Tulane University): A B C D A B C D B C D F 3. Professionalism in the Classroom: Attendance and class participation are absolutely vital to the successful completion of the course. Information in class will be presented via lectures, in-class exercises, and other means. Assigned reading is to be accomplished prior to class so that you may participate in discussions and exercises. There will be weekly questions concerning the reading for which you will be responsible. Please use the buddy system --get notes from a class buddy (or 2 or 3) if you miss any sessions. However, do not depend on other people for your notes on an ongoing basis. Getting notes from other people is no substitute for your attendance and participation; students who miss classes do not do as well. If you know that you will be absent on a particular date when an assignment is due or an exam is scheduled, please let me know as soon as possible, so that accommodations may be made. 4. Use of electronic devices during class: Cell phones, iphones, laptops, mini-computers, ipads, PDA s and/or any other computing devices used to perform phone calls, ing, texting, instant messaging, twittering, facebooking, websurfing and/or any other means of extraneous communication or social networking are prohibited during the class period. This is distracting to the other members of the class, the instructor, as well as the student. 2

3 Phones should be set on vibrate during the duration of the class. Telephone calls are only permitted in an emergency, and in that case should be taken outside the classroom. Unauthorized use of any kind of electronic device and/or the school computers during quizzes, tests or exams will be reported to the University Honor Board. 5. Communication: It is Tulane policy that any school/course related electronic communications are to be conducted through Tulane . The instructor will therefore use Tulane only to communicate with students and it is of the utmost importance that you review your Tulane account on a regular basis. Failure to acknowledge important communications/reminders/requests related to the course because your Tulane e- mail is not checked frequently, is unacceptable. 6. Blackboard: I have placed materials for your use on Blackboard. Some of the material is required; most is not, but may be of interest to you, either now or in your future as a paralegal. If you discover links that are no longer valid, please let me know. To access Blackboard, log on to 7. Writing Workshop: The paralegal profession (actually, any profession) requires proficiency in written communication. Every course in the curriculum attempts to prepare students for this profession. Every course requires extensive written work that is both substantively and mechanically correct; thus every assignment is graded for both substance and mechanics. When preparing written assignments, students may wish to use the tutoring services available. Refer to the Success Center for Tutoring, Writing, and Career Coaching. The Center is located in the Educational Resources and Counseling Department, in the Science & Engineering Lab Complex, Building #14, First Floor, on the uptown campus. Evening and weekend appointments are available. Call (504) or access the schedule at an-appointment.cfm 8. Cheating, Plagiarism and Other Proscribed Conduct: The instructor will refer to the TULANE UNIVERSITY CODE OF ACADEMIC CONDUCT for proscribed conduct related to any academic work and will submit any such cases to the University Honor Board. Tulane s Honor Code: 9. Disability Accommodations: The University makes available reasonable accommodations in accordance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of Any student with specific questions about Office of Disability Services (ODS) procedures and policies should contact the Director of ODS for additional information or view the ODS website at Questions & other issues: Do not hesitate to approach the instructor with any questions/issues in order to resolve any problems and/or miscommunication about the course expectations, materials, quizzes, assignments, exams or any other matter related to the course. The instructor is readily available at the listed, before or after class, or by appointment to help resolve any issues. 11. Tulane Help Desk: Tulane University has available a telephone help desk, 24 hours a day, 7 days a week. (504) This is a call center, dedicated to Tulane students, faculty and staff. They really are there to help you with passwords, or mytulane/ Blackboard issues. 3

4 Semester overview: Gideon's Trumpet quizzes: September 10, & September 24, 2015 Mid-term exam: October 8, 2015 Term Project Due: November 12, 2015 Thanksgiving holiday: November 26, 2015 Loose-leaf binder/portfolio & index cards due: November 19, 2015 Gideon s Trumpet Questions Due: 1 st draft, November 4, Final paper, November 19, 2015 Final Exam: December 9, 2015 (please note, SCS does not follow the Tulane University Exam schedule, and we do not have a Study Period) Please note: I really do try to coordinate all of the dates between the various places I have due dates. Every semester, I miss one (or two). Please let me know, and of course, please be kind. 4

5 Detailed Class Schedule & Course Outline CLASS #1 August 29, 2015 Introduction to the course Common and civil law; history of the development of each Assignment for next class: 1 full page, typewritten, on legal news item that involves a legal issue. Begin reading Gideon s Trumpet CLASS #2 September 3, 2015 Lecture on Louisiana s Hybrid system (common and civil law) American legal system and trial terminology legal issue. Continue reading Gideon; Read Chapter 6, Statsky CLASS #3 September 10, st Quiz: Gideon s Trumpet Continue: American legal system and trial terminology Discuss: civil trial process, & ethical role of the paralegal at pre-trial and trial stages in the litigation process legal issue. Read 1 st half Chapter 10, Statsky Legal Odyssey of Michael Brown - Civil Litigation, trial terminology. CLASS #4 September 17, 2015 Continue: civil trial process, & ethical role of the paralegal at pre-trial and trial stages in the litigation process Legal Odyssey of Michael Brown legal issue. Read Chapters 1-3, Statsky CLASS #5 - September 24, nd Quiz: Gideon s Trumpet NOTE: 1 st draft of questions about Gideon s Trumpet due November 5, Chapter 1 The paralegal and the legal system Chapter 2 Employment & resume writing legal issue. Read Chapter 4, Statsky CLASS #6 October 1, 2015 Chapter 3 Practicalities and realities Chapter 4 Regulation of paralegals & ethical responsibilities; Licensure & Certification; and Tort liability REVIEW: MID-TERM EXAM 5

6 CLASS #7 October 8, 2015 MID-TERM EXAM legal issue. Read Chapter 5, Statsky CLASS #8 October 15, 2015 Chapter 5, Legal Ethics. ABA Model Code; ABA Code of Professional Responsibility; Canons; Fees; Confidentiality; Conflicts of Interest; Solicitation; Communications Assignment: 1 full page, typewritten, on legal news item that involves a legal issue. Read Chapter 7, Statsky CLASS #9 October 22, 2015 Chapter 5, Legal Ethics. ABA Model Code; ABA Code of Professional Responsibility; Canons; Fees; Confidentiality; Conflicts of Interest; Solicitation; Communications - Privilege Chapter 7 - Legal Analysis; Facts, definitions, elements, application IRAC & case briefing Assignments for next class: 1 full page, typewritten, on legal news item that involves a legal issue. Written assignment case brief Read Chapters 8 and 9, Statsky CLASS #10 October 29, 2015 Due: Case Brief Chapter 8 - Legal Interviewing. Fact Particularization; Ethical aspects of conducting interviews and investigations for the paralegal; mock interview, breakout sessions Chapter 9 Legal Investigation, maintaining client confidentiality. legal issue. Read 2 nd half Chapter 10, Statsky: - Criminal Litigation & Alternative Dispute Resolution. CLASS #11 November 5, 2015 Due: 1 st draft of Gideon s Trumpet questions, Typewritten, double-spaced, 5 pages - 1 page per question. Lecture on Chapter 10, Litigation Assistantship- Criminal Litigation - trial terminology and process Alternative Dispute Resolution. Ethical responsibilities at trial and mediation legal issue. Read Chapter 11- Legal Research CLASS #12 November 12, 2015 Lecture on Chapter 11, Legal Research 6

7 legal issue. Read Chapter 12, Statsky Class #13 November 19, 2015 Continue lecture Legal Research DUE: Paper on Term Project (visit to court) -Typewritten, double-spaced, 3-4 pages. legal issue. Read Chapter 12, Statsky November 26, 2015 Thanksgiving Holiday (study anyway) CLASS #14 December 3, 2015 Lecture Chapter 12 Legal Writing DUE: Answers to Gideon s Trumpet questions - Typewritten, double-spaced, 5 pages - 1 page per question. DUE: Loose-leaf binder/portfolio/index cards REVIEW FOR FINAL EXAM Wednesday, December 9, 2015 FINAL EXAM 7