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MASTER SYLLABUS |
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LAW 2900 |
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| Class Hours: 3.0 | Credit Hours: 3.0 | ||||||||
| Laboratory Hours: 0.0 | Date Revised: Spring 02 | ||||||||
| Catalog Course Description: | |||||||||
| Comprehensive review of legal ethics, interviewing, legal analysis, terminology, legal research, and substantive areas of law, including litigation, contracts, corporations, bankruptcy, administrative law, criminal law, real estate and probate. Recommended for students taking the national CLA examination. | |||||||||
| Entry Level Standards: | |||||||||
| College-level competencies in logic, reading, and English are required. | |||||||||
| Prerequisite: | |||||||||
| Department approval | |||||||||
| Textbook(s) and Other Reference Materials Basic to the Course: | |||||||||
| Koerselman, Virginia, CLA Review Manual: A Practical Guide to CLA Exam Preparation, 2nd., (West Publishing, 1998) | |||||||||
| I. Week/Unit/Topic Basis: | |||||||||
| Week | Topic | ||||||||
| 1 | Introduction and Legal Terminology | ||||||||
| 2 | Communications | ||||||||
| 3 | Ethics; Judgment and Analytical Ability | ||||||||
| 4 | Legal Research | ||||||||
| 5 | Human Relations and Interviewing | ||||||||
| 6 | General Law; Administrative Law | ||||||||
| 7 | Bankruptcy | ||||||||
| 8 | Business Organizations | ||||||||
| 9 | Contracts | ||||||||
| 10 | Criminal Law & Procedure | ||||||||
| 11 | Estate Planning & Probate | ||||||||
| 12 | Family Law | ||||||||
| 13 | Litigation | ||||||||
| 14 | Real Estate Law | ||||||||
| 15 | General Review | ||||||||
| 16 | Final Examination | ||||||||
| II. Course Objectives*: | |||||||||
| A. | Demonstrate a complete and thorough understanding of legal ethics. I, III, V | ||||||||
| B. | Demonstrate a professional attitude toward legal assistant training and employment. I, II, III, IV | ||||||||
| C. | Understand the nature of the role and responsibilities of legal assistants within the American legal system. I, II, III, IV, V | ||||||||
| D. | Demonstrate a complete and thorough understanding of the purposes, expectations, and benefits of paralegal certification. I, II | ||||||||
| E | Demonstrate analytical ability and judgment in solving problems. I, II | ||||||||
| F. | Demonstrate an adequate understanding of the basic concepts of primary legal topics. I, II, III | ||||||||
| G. | Use legal terminology fluently. I, II, III, IV, V | ||||||||
| *Roman numerals after course objectives reference goals of the Paralegal Studies program. | |||||||||
| III. Instructional Processes*: | |||||||||
| Students will: | |||||||||
| 1. | Practice elements of the work ethic such as professionalism, preparedness, punctuality, honesty, cooperation, dependability, contribution, effectiveness, good manners, etc. Personal Development Outcome, Transitional Strategy | ||||||||
| 2. | Refine reading skills and expand legal vocabularies through completion of weekly guided reading exercises that allows more effective communication with lawyers and legal professionals. Communication Outcome, Transitional Strategy | ||||||||
| 3. | Strengthen analytical skills by applying rules of law to specific facts. Information Literacy Outcome, Problem Solving and Decision Making Outcome, Transitional Strategy | ||||||||
| 4. | Examine ethical issues related to legal representation, unauthorized practice of law, confidentiality, duty of legal professional to provide legal services, etc. Personal Development Outcome, Cultural Diversity and Social Adaptation Outcome, Transitional Strategy | ||||||||
| 5. | Intensively focus on various areas of law to refine practical knowledge in preparation for national CLA examination. Personal Development Outcome, Problem Solving and Decision Making Outcome, Transitional Strategy | ||||||||
| 6. | Refine interviewing and investigative skills through mock situations and Internet assignments. Problem Solving and Decision Making Outcome, Information Literacy Outcome, Technological Literacy Outcome, Transitional Strategy, Active Learning Strategy | ||||||||
| *Strategies and outcomes listed after instructional processes reference Pellissippi State’s goals for strengthening general education knowledge and skills, connecting coursework to experiences beyond the classroom, and encouraging students to take active and responsible roles in the educational process. | |||||||||
| IV. Expectations for Student Performance*: | |||||||||
| Upon successful completion of this course, the student should be able to: | |||||||||
| 1. | Recognize and avoid acts that constitute the unauthorized practice of law. A | ||||||||
| 2. | Recognize and avoid acts that constitute the breach of client confidentiality. A | ||||||||
| 3. | Recognize potential and actual conflict of interest situations. A | ||||||||
| 4. | Explain how law firms organize and structure their businesses. B, C, D | ||||||||
| 5. | Identify by name the federal and state courts having civil jurisdiction. B, E | ||||||||
| 6. | Identify by name the federal and state courts having criminal jurisdiction. B, E | ||||||||
| 7. | Discuss the paralegal’s role in various legal environments in the United States. A, C, D, G | ||||||||
| 8. | Differentiate between a tort and a crime. B, E, F, G | ||||||||
| 9. | Identify the elements of an enforceable contract. B, F, G | ||||||||
| 10. | Understand how, when and why to complete and file UCC forms. B,C,D | ||||||||
| 11. | Determine when a holder is a holder in due course. B,C,D | ||||||||
| 12. | Understand restrictive endorsements. B,C,D | ||||||||
| 13. | Differentiate negotiable from non-negotiable commercial paper. B,C,D | ||||||||
| 14. | Determine damages for breach of contract. A,D | ||||||||
| 15. | Determine when a contract must be in writing to be enforceable. A,D | ||||||||
| 16. | Recognize when a party lacks the capacity to contract. A,D | ||||||||
| 17. | Determine when purchase money security interest has been created by purchase on credit. B,D | ||||||||
| 18. | Determine the priority of claims to a debtor’s collateral which is subject to perfect or unperfected security interests. B,C,D | ||||||||
| 19. | Recognize and understand the creation and enforcement of sales warranties. A,C,D | ||||||||
| 20. | Understand the scope of Article 2 of the U. C. C. B, F, G | ||||||||
| 21. | Identify the forms of property ownership. B, F, G | ||||||||
| 22. | Differentiate between a sole proprietorship, a partnership and a corporation. B, F, G | ||||||||
| 23. | Explain how a security interest in property is acquired. B, F, G | ||||||||
| 24. | Describe how to draft pleadings in conformity with rules of civil procedure. B, C, D, E, F, G | ||||||||
| 25. | Explain the general requirements for all motions. B, C, F | ||||||||
| 26. | Explain when a motion for summary judgment is appropriate and describe what must be included in a motion for summary judgment. C, F | ||||||||
| 27. | Explain the purpose of a motion for judgment on the pleadings. C, F | ||||||||
| 28. | Identify the discovery devices available to obtain facts. C, F | ||||||||
| 29. | Describe how computers may be used for litigation support. B, C | ||||||||
| 30. | Explain how a civil case moves through the process. C, F, I | ||||||||
| 31. | Discuss when and how to gather documents that may be used as evidence. A, C, F, J | ||||||||
| 32. | Discuss prefiling requirements to be considered in civil cases. C, F | ||||||||
| 33. | Explain how to develop a litigation strategy. C, F | ||||||||
| 34. | Understand the purposes for contracts, leases, deeds, and mortgage documents. A, B, D, F | ||||||||
| 35. | Explain the purposes for closing documents, including settlement sheets. A, B, D, F, G | ||||||||
| 36. | Describe how to conduct a title search. B, D, F, G | ||||||||
| 37. | Describe how to prepare for and conduct a real estate closing. C, D | ||||||||
| 38.
39. |
Explain
how to process notices and documents for mortgage foreclosures. N, O
Describe how to record instruments affecting title. C, D, G |
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| 40. | Explain how to process notices and documents for a tenant eviction. A, B, C | ||||||||
| 41. | Explain how to prepare an application for a zoning variance. G | ||||||||
| 42.
43. |
Explain
how to prepare a draft of a residential or simple commercial lease. G
Understand how to read a property survey and convert it into metes and bounds. K, O |
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| 44. | Identify basic terminology of wills and trusts. B, C, D | ||||||||
| 45. | Recognize and explain the function and purpose of wills. B,F | ||||||||
| 46. | Identify and classify the various kinds of property. B,D,E,F | ||||||||
| 47. | Distinguish the various forms of ownership of real and personal property. B,D,E,F | ||||||||
| 48. | Identify the proper court that supervises the administration and distribution of a decedent’s estate. B,E | ||||||||
| 49. | Recognize the necessity for establishing a second or ancillary administration of a decedent’s estate when property of the decedent is located in another state. B,C,E | ||||||||
| 50. | Recognize, understand and use the basic terms associated with testacy and intestacy. B,C,D,E,F | ||||||||
| 51. | Read a will and identify the parties and gifts using both traditional and U.P.C. terminology. B | ||||||||
| 52. | Interpret state intestate succession statutes and determine who is entitled to receive what property under such laws. B,C,D,E,F | ||||||||
| 53. | Know the difference between relationship to the decedent by consanguinity and by affinity as it relates to the right to inherit a decedent’s property under intestate succession laws. B,C,D,E,F | ||||||||
| 54. | Understand the difference between the right of heirs of an intestate to take their share of the estate per capita or per stirpes. B,C,D,E,F | ||||||||
| 55. | Understand the process of escheat. B,D,E,F | ||||||||
| 56. | Recognize the formal requirements for a valid will. B | ||||||||
| 57. | Identify, explain and interpret the sources of law that determine the validity of a will. B, E | ||||||||
| 58. | Explain the purpose and function of a self-proving affidavit, living will, health care proxy, and durable power of attorney. A,B,D,E | ||||||||
| 59. | Identify and define the essential elements of trusts. B, G | ||||||||
| 60. | Explain the uses and functions of various kinds of trusts. B,G | ||||||||
| 61. | Understand the procedures for appointing the personal representative in formal probate proceedings. B,E | ||||||||
| 62. | Recognize the legal assistant’s role in assisting the personal representative in performing the required duties of estate administration. B,C,E | ||||||||
| 63. | Demonstrate a complete and thorough understanding of the paralegal’s role in administrative proceedings. B,C,E | ||||||||
| 64. | Demonstrate a complete and thorough understanding of the legal principles governing administrative decisions. B,C,E | ||||||||
| 65. | Demonstrate a complete and thorough understanding of legal vocabulary with respect to administrative law. A,B,D,E | ||||||||
| 66. | Demonstrate a complete and thorough understanding of the administrative process generally. A,B,C,D,E | ||||||||
| 67. | Demonstrate a complete and thorough understanding of the courts in reviewing and enforcing administrative decisions. A,B,D,E | ||||||||
| 68. | Explain how to identify and locate applicable administrative rules, regulations, and reported decisions. B,C,D | ||||||||
| *Letters after performance expectations reference the course objectives listed above. | |||||||||
| V. Evaluation: | |||||||||
| A. Testing Procedures: | |||||||||
| Students are evaluated primarily on the basis of tests. | |||||||||
| B. Laboratory Expectations: | |||||||||
| N/A | |||||||||
| C. Field Work: | |||||||||
| N/A | |||||||||
| D. Other Evaluation Methods: | |||||||||
| Class participation, group work, and homework will also comprise the final grade for the course. The instructor will provide full details the first week of class via a syllabus supplement. | |||||||||
| 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 |
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| VI. Policies: | |||||||||
| A. Attendance Policy: | |||||||||
| Pellissippi State’s attendance policy is set out in the catalog. Students must be present for at least 75 percent of scheduled class meetings in order to receive credit for the course. Attendance is absolutely essential to perform well in this course. Absenteeism is recorded, not excused. Twelve (12) hours of absences will result in an automatic “F” for the course. | |||||||||
| B. Academic Dishonesty: | |||||||||
| Cheating of any type will not be tolerated and will become an automatic zero on that paper or test. Repetition of cheating will result in an “F” for the final grade. | |||||||||
| C. Other Policies: | |||||||||
| Late papers will not be accepted nor will make-up tests will be given without specific approval of the instructor. | |||||||||