The Paralegal Professional

by Cheeseman, Henry; Goldman, Thomas F.

• ISBN13: 9780130264251
• ISBN10: 0130264253
• Edition: 1st
• Format: Hardcover
• Copyright: 2003-01-01
• Publisher: Prentice Hall

Summary

For courses in Paralegal (Introduction), Legal Concepts for Paralegals, and Introduction to Law. Written by an award-winning author team, The Paralegal Professional combines a solid introduction to the paralegal profession with a thorough introduction to law. The four-color presentation gives instructors and students an enjoyable, comprehensive introduction to paralegal studies and the legal environment. The 2-books-1-format prepares students with all the legal knowledge and job skills they need to succeed. With fully up-to-date and extensive coverage of technology in the law office, legal and business ethics, and diversity The Paralegal Professional is designed to help prepare students for successful careers as paralegals. A complete package of student and instructor supplementary materials is available with the text.

Table of Contents

UNIT I. THE PARALEGAL PROFESSION.

1. The Paralegal Profession.

Introduction. What Do Paralegals Do? What Is a Paralegal? Opportunities. The Future. Career Planning. Role of the Paralegal. National Associations of Paralegals. Qualifications of Paralegals. Paralegal Education in the United States. Personal Goals. Contemporary Perspective: Collecting Lunch Stories: The Hidden Perk. Checklist: Skills and Goals. Legal Terminology. Chapter Summary. Working the Web. Critical Legal Thinking and Writing Exercises. Ethics Questions. Case for Briefing: Missouri v. Jenkins.

2. Ethics, Regulation, and Profession Responsibility.

Introduction. Unauthorized Practice of Law (UPL). Regulation of the Paralegal Profession. Ethical Rules and Obligations. The Future. Legal Terminology. Chapter Summary. Working the Web. Critical Legal Thinking and Writing Exercises. Ethics Questions. Case for Discussion: In Re Estate of Devine. Case for Briefing: Tegman v. Accident and Medical Investigations.

3. Careers in the Paralegal Profession.

Chapter Objectives. Chapter Outline. Introduction. Compensation Issues for the Paralegal. Selecting a Specialty. Assessing Your Background. Assessing Your Skills. Assessing Your Interests. Selecting Your Electives. Preparing Your Resume. Interviewing for a Job. Arrangements and Organization of Law Offices and Law Firms. Administrative Procedures in the Law Office. Legal Terminology. Chapter Summary. Working the Web. Ethics Questions. Critical Legal Thinking and Writing. Case for Discussion. Case for Briefing.

4. Paralegal Workplace Skills.

Introduction. Paralegal Tasks and Functions. What Paralegals in Legal Specialties Do. Paralegal Skills. Communication Skills. Analyzing the Audience. Legal Terminology. Chapter Summary. Working the Web. Critical Legal Thinking and Writing. Ethics Questions. Case for Discussion. Case for Briefing: Ramirez v. Plough, Inc.

UNIT II. THE AMERICAN LEGAL SYSTEM.

5. The Constitution and Sources of American Law.

The Constitution and Sources of American Law. Introduction. What Is Law? History of American Law. Sources of Law in the United States. Constitution of the United States of America. Legal Terminology. Chapter Summary. Working the Web. Critical Legal Thinking and Writing. Ethics Questions. Cases for Discussion. Case for Briefing: Lee v. Weisman.

6. Judicial and Alternative Dispute Resolution.

Introduction. State Court System. Federal Court System. Jurisdiction of Federal and State Courts. Alternative Dispute Resolution. Legal Terminology. Chapter Summary. Working the Web. Critical Legal Thinking and Writing. Ethics Questions. Cases for Discussion. Case for Briefing.

7. Administrative Law and Government Regulation.

Introduction. Government Regulations. Administrative Agencies. Administrative Law. Legislative Powers of Administrative Agencies. Executive Powers of Administrative Agencies. Judicial Powers of Administrative Agencies. Public Disclosure of Agency Actions. General Business Regulation. Legal Terminology. Chapter Summary. Working the Web. Critical Legal Thinking and Writing. Ethics Questions. Cases for Discussion. Case for Briefing.

8. Civil Legislation.

The Litigation Process. Prelitigation. The Trial. Legal Terminology. Chapter Summary. Working the Web. Critical Legal Thinking and Writing. Ethics Questions. Cases for Discussion. Cases for Briefing.

9. Criminal Law and Process.

Introduction. Definition of a Crime. Classification of Crimes. Essential Elements of a Crime. Criminal Acts as Basis for Tort Actions. Criminal Procedure. The Criminal Trial. Crimes Affecting Business. Inchoate Crimes. Constitutional Safeguards. Legal Terminology. Chapter Summary. Working the Web. Critical Legal Thinking and Writing. Ethics Questions. Cases for Discussion. Case(s) for Briefing.

10. The Appellate Process.

Introduction. Function of the Appellate Court. Federal Appellate Procedure. United States Courts of Appeals. United States Supreme Court. State Appeals Courts. Role of the Paralegal in the Appellate Process. Oral Arguments. Actions by the Appellate Courts. Legal Terminology. Chapter Summary. Working the Web. Critical Legal Thinking and Writing. Ethics Questions. Cases for Discussion. Case(s) for Briefing.

UNIT III. SUBSTANTIIVE LEGAL TOPICS.

11. Torts and Strict Liability
12. Contracts and Commercial Law.

Introduction. Definition of and Parties to a Contract. Requirements of a Contract. Statute of Frauds—Writing Requirement. Performance. Remedies. Legal Terminology. Chapter Summary. Working the Web. Ethics Questions. Cases for Discussion. Case for Briefing.

13. Property and the Environment.
14. Agency and Employment Law.
15. Business Organizations.

Chapter Outline. Introduction. Sole Proprietorship. General Partnership. Limited Partnership. Limited Partnership. Limited Liability Partnership (LLP). Limited Liability Company (LLC). Corporation. Legal Terminology. Summary. Working the Web. Ethics Questions. Cases for Discussion. Case for Briefing.

16. Intellectual Property and Internet Law.

Introduction. Trade Secrets. Patents. Copyrights. Trademarks. The Internet. Uniform Computer Information Transactions Act. Legal Terminology. Summary. Working the Web. Ethics Questions. Critical Legal Thinking and Writing. Case(s) for Discussion. Case for Briefing.

17. Family Law, Wills, and Estates.

Introduction. Family Law. Wills. Probate. Right to Die and Living Wills. Trusts. Legal Terminology. Summary. Working the Web. Ethics Questions. Case for Discussion. Case for Briefing.

UNIT IV. PARALEGAL SKILLS.

18. Interviewing and Investigative Skills.

Introduction. Investigating Claims. Preparing for the Interview. Conducting the Interview. Ethical Versus Moral Considerations. Privileged Communication. Expert Witnesses. Freedom of Information Act (FOIA). Locating Witnesses. Legal Terminology. Chapter Summary. Working the Web. Critical Legal Thinking and Writing. Ethics Questions. Case for Discussion. Case for Briefing: Dep't of the Interior v. Klamath Water Users Protective Ass'n.

19. Traditional and Computer Research.

Introduction. Research Starting Point. Traditional Versus Computer-based Law Libraries. Traditional Legal Resources. Constructing a Search Query. Connectors in Legal Research. Updating Legal Research. Parallel Citations. Legal Terminology. Chapter Summary. Working the Web. Critical Legal Thinking and Writing. Ethics Questions. Cases for Discussion: American Geophysical Union v. Texaco, Inc. Case for Briefing: Hart v. Massanari.

20. Critical legal Thinking and Writing.

Introduction. Court Brief and Office Memorandum Writing Styles. Honesty. Office Memorandum. Citations. Legal Terminology. Chapter Summary. Working the Web. Critical Legal Thinking and Writing. Ethics Questions. Case for Discussion. Case for Briefing: Golden Eagle Distributing Corp. v. Burroughs.

21. The Internet, the Computer, and the Paralegal.

Introduction. The Internet. Online Computer Resources. Formats of Available Information. Types of Image Formats. Computer Viruses. Electronic Filing of Pleadings. Encryption Technology. Legal Terminology. Chapter Summary. Working the Web. Critical Legal Thinking and Writing. Ethics Questions. Case for Discussion. Case for Briefing: Costar Group, Inc. v. Loopnet, Inc.

Appendix A: How to Brief a Case.
Appendix B: Effective Learning: How to Study.
Appendix C: Rules of Conduct.
Appendix D: US Constitution.
Appendix E: Spanish/English Legal Terms.
Appendix F: Internet Resources.