The Professional Paralegal Workbook

by Angus, Elizabeth

• ISBN13: 9781401889197
• ISBN10: 1401889190
• Edition: Workbook
• Format: Paperback
• Copyright: 2006-12-05
• Publisher: Cengage Learning

Summary

The Professional Paralegal Workbook is a reference that was conceived out of necessity. Many paralegal books lack certain subject matter and can be unwieldy as a general reference and exercise book for professionals and students. This book was developed to bridge those gaps. One area that is thoroughly covered is criminal, tort and contract law. The book includes chapters on these subjects that examine the essential elements of the law and include discussion points to facilitate further exploration. There are also exercises designed to be used either in discussions, as a study methods, or as review. The book functions as a launch pad for discussions and creates many opportunities for the reader to review material covered, allowing for a full understanding. The range of subject matter is attractive to most general law courses and is applicable to both the paralegal market and the undergraduate pre-law course. The concise yet thorough treatment of substantive law issues is coupled with interactive and hands-on exercises and discussions. Legal analysis, writing and research are covered in addition to the treatment of substantive law. The workbook is an interactive, portable book that professionals, students, and instructors can easily utilize in the office, classroom, or home study environment.

Table of Contents

Dedication	iii
Preface	vi
PART 1 Foundations of Law	1	(44)
The American Legal System and Terminology	2	(9)
Introduction	2	(1)
Civil Litigation	2	(6)
Criminal Prosecution	8	(3)
Torts	11	(15)
Introduction	11	(1)
Theory of Tort Law	11	(1)
I. Negligent torts	11	(6)
Defenses	17	(2)
Intentional Torts	19	(3)
Quasi-Intentional Torts	22	(4)
Contracts	26	(9)
Introduction	26	(1)
The Elements of a Valid Contract	26	(3)
Types of Contract	29	(1)
Breach of Contract	30	(1)
Remedies	31	(4)
Criminal Law	35	(10)
Introduction	35	(1)
Theory of Criminal Law	35	(10)
PART 2 The Litigation Process	45	(44)
Legal Interviewing and Investigation for the Paralegal	46	(9)
Introduction	46	(1)
The Art of Legal Interviewing	46	(1)
Helpful Tips for Conducting Legal Interviews	47	(2)
The Effective Interview	49	(1)
Effective Interview	50	(1)
Summarizing the Interview	50	(5)
Civil Procedure	55	(9)
Introduction	55	(1)
The Complaint	55	(4)
Defendant's Responses to the Complaint	59	(5)
Discovery	64	(9)
Introduction	64	(1)
Discovery Tools	64	(3)
Depositions	67	(1)
Digesting Depositions	68	(5)
Ethics	73	(5)
Introduction	73	(1)
Ethics Codes for Paralegals	73	(5)
Evidence	78	(11)
Introduction	78	(1)
Evidence in General	78	(5)
Hearsay	83	(6)
PART 3 Legal Analysis	89	(18)
Legal Analysis of Statutory Law	90	(6)
Introduction	90	(1)
Statutory Rules	90	(6)
Legal Analysis of Case Law	96	(11)
Introduction	96	(1)
Stare Decisis and Precedent	96	(1)
Understanding Case Law	97	(5)
Applying Opinions	102	(5)
PART 4 Legal Research	107	(34)
Finding Statutory Law	108	(10)
Introduction	108	(1)
The Creation of a Statute	108	(2)
Finding Statutes	110	(8)
Legal Research: Finding Case Law	118	(14)
Introduction	118	(1)
Types of Authority	118	(1)
Locating Authority	119	(1)
Locating and Citing Case Law	120	(7)
Shepardizing	127	(5)
Computer Assisted Legal Research	132	(9)
Introduction	132	(1)
The Basics	132	(1)
Internet Research Resources	133	(3)
Boolean Language	136	(5)
PART 5 Legal Writing	141	(14)
Legal Writing	142	(13)
Introduction	142	(1)
Types of Legal Writing	142	(13)
PART 6 Appendix	155	(1)
APPENDIX A The Constitution of the United States: A Transcription	156	(8)
APPENDIX B NFPA Code of Ethics	164	(8)
NFPA Model Disciplinary Rules and Ethical Considerations	164	(3)
NNFPA Guidelines for the Enforcement of the Model Code of Ethics and Professional Responsibility	167	(3)
Definitions	170	(2)
Glossary	172	(6)
Index	178