Amazon no longer offers textbook rentals. We do!

The Basics of Paralegal Studies

by: Goodrich, David Lee

The Basics of Paralegal Studies

by: Goodrich, David Lee

ISBN 13:
9780130883315
ISBN 10:
013088331X
Edition: 3rd
Format: Hardcover
Copyright: 05/01/2000
Publisher: Pearson College Div
Newer Edition

Rent

Sorry, this item is currently unavailable.

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

Extend or Purchase Your Rental at Any Time

Need to keep your rental past your due date? At any time before your due date you can extend or purchase your rental through your account.

Summary

For courses in Introduction to Paralegal Studies and Legal Concepts for Paralegals. Designed specifically for those without prior background in the law or legal assisting, this text offers a comprehensivebut extremely concise and to the pointoverview of legal principles. It covers a variety of areassuch as contracts, civil and criminal law, procedure and discovery, legal research, real estate, and decedents' estateswhile focusing on the ethical responsibilities of legal assistants. Introducing students to specific skillsincluding the writing of briefs and analysis of statutory materialsthis book will be a valuable reference to them in the workplace.

Preface

xix

Introduction

(30)

What Is a Paralegal?

(3)

Definition

(2)

Key Components of the Definition

(1)

Qualified by Education, Training, or Work Experience

(1)

Employed or Retained by a Lawyer, Law Office, Corporation, Governmental Agency, or Other Entity

(1)

Specifically Delegated Substantive Legal Work Is to Be Performed

(1)

The Attorney Bears Responsibility for the Legal Assistant's Work

(1)

Why Do Attorneys and Other Employers Use Paralegals

(1)

What Functions Do Paralegals Perform?

(4)

Real Estate

(1)

Probate and Estate Planning

(1)

Personal Injury

(1)

Criminal Law

(1)

Family Law

(1)

Corporate Law

(1)

Where Are the Employment Opportunities?

(1)

Private Law Firms

(1)

U.S. or State Prosecutors' and Public Defenders' Offices

(1)

Banks, Insurance Companies, and Other Corporations

(1)

The Government

(1)

Legal Aid Offices

(1)

Freelance Opportunities

(1)

Sources of Law, the Relationship between Those Sources, and the Effect of a Veto

(7)

Sources of Law

(1)

Statutes

(1)

Constitutions

(1)

U.S. Constitution

(1)

State constitutions

(1)

Administrative Regulations

(2)

Treaties, Executive Orders, and the Like

(1)

Case Law

(1)

Mandatory precedent

(1)

Persuasive precedent

(1)

Relationship between the Sources of Law

(1)

The Statute Is Declared Unconstitutional

(1)

The legislation is modified

(1)

The Constitution is amended

(1)

The Statute Is Upheld

(1)

The possibility of a pardon for the defendant

(1)

The Effect of a Veto

(1)

The Court System

(5)

The Role of Trial and Appelate Courts

(1)

Trial Courts

(1)

Appellate Courts

(1)

The State and Federal Court Systems

(1)

The State Court System

(1)

The various levels in the state court system

(1)

Courts of original jurisdiction

(1)

Courts not of record

(1)

Courts of general jurisdiction

(1)

Courts of limited jurisdiction

(1)

The middle-level appellate courts

(1)

The highest-level appellate Court

(1)

Selection of judges

(1)

The Federal Court System

(1)

Federal jurisdiction

(1)

The three levels of federal courts

(1)

The U.S. District Courts

(1)

The U.S. Courts of Appeal

(1)

The U.S. Supreme Court

(1)

Selection of judges

(1)

Civil v. Criminal Law

(3)

Two Important Divisions of the Law

(1)

Civil

(1)

Law

(1)

Equity

(1)

Criminal

(1)

Felonies

(1)

Misdemeanors

(1)

Civil and Criminal Cases Based on the Same Facts

(1)

Basic Terminology

(5)

Plaintiff

(1)

Defendant

(1)

State Attorney or District Attorney

(1)

Public Defender

(1)

The Office of Legal Aid

(1)

Clerk of the Court

(1)

Bailiff

(1)

Jurisdiction

(1)

Original Jurisdiction

(1)

Appellate Jurisdiction

(1)

Venue

(1)

Guilty

(1)

Liable

(3)

The Reading and Briefing of Cases

(42)

Locating a Case and Understanding Its Basic Components

(6)

Locating Cases

(1)

The Basic Components of a Reported Case

(1)

The Style

(1)

The Docket Number

(1)

The Name of the Court Rendering the Decision

(1)

The Date of the Present Court Decision

(1)

A Brief Summary of the Case

(1)

A Notation of Concurring and Dissenting Opinions

(1)

Headnotes

(1)

The Names of the Attorneys Involved in the Appeal

(1)

The Name of the Justice Writing for the Majority Opinion

(1)

The Body of the Decision

(1)

The Names of All Justices Joining in the Majority Opinion

(1)

Concurring and Dissenting Opinions

(3)

Briefing a Case

(7)

Format #1

(1)

The Case Name and Citation

(1)

The Remedy

(1)

Examples

(1)

Damages

(1)

Prohibitory injunction

(1)

Mandatory injunction

(1)

Order of specific performance

(1)

The need for brevity

(1)

The absence of a remedy in criminal cases

(1)

The Cause of Action

(1)

Examples

(1)

Negligence

(1)

Breach of contract

(1)

Defamation

(1)

Infliction of mental distress

(1)

False imprisonment

(1)

Any act constituting a crime

(1)

The need for brevity

(1)

The Facts

(1)

Avoidance of excessive or insufficient facts

(1)

Avoidance of confusing names

(1)

The Procedural History

(1)

The Issue

(1)

Caution with regard to ``given issues''

(1)

Key questions to consider when formulating an issue

(1)

Are both procedural and substantive issues to be examined?

(1)

Will the answer to the issue have applicability to future cases?

(1)

Does the question call for a yes or no answer?

(1)

The Finding

(1)

The Reason

(1)

Format #2

(1)

The Case Name and Citation

(1)

The Lower Court Procedure

(1)

The Facts

(1)

The Issue

(1)

Motion for a summary judgment

(1)

Motion for a judgment on the pleadings

(1)

Motion to dismiss with prejudice

(1)

Motion to suppress

(1)

Improper jury instructions

(1)

The Holding

(1)

The Reasoning

(1)

Examples of Briefs

(28)

Smith v. Jones

(1)

A Format #1 Brief

(1)

Comments Concerning the Brief

(1)

An orderly format

(1)

The identification of the plaintiff and the defendant

(1)

The identification of the remedy and the cause of action

(1)

The framing of the issue for general applicability

(1)

Focus on the primary issue

(1)

Avoidance of unaddressed causes of action

(1)

Townes v. State

(2)

A Format #1 Brief

(1)

State v. Gleason

(2)

A Format #1 Brief

(1)

A Format #2 Brief

(20)

Legal Analysis

(18)

In General

(1)

Basic Format

(3)

Statute

(1)

Facts

(1)

Question

(1)

Analysis

(1)

Subdivision of the Statute into Elements

(1)

Some elements must be stated in the alternative

(1)

Language pertaining to penalties is not generally included

(1)

The subdivision of the statute does not depend on the facts of any given case

(1)

Application of the Facts to Each Element

(1)

Conclusion

(1)

Analysis of Hypothetical Facts in Relationship to Specific Statutes

(14)

Former N.Y. Penal Law §1294 (McKinney 1994)

(1)

Statute

(1)

Facts

(1)

Question

(1)

Analysis

(1)

Conclusion

(1)

Penal Law §1053-c

(1)

Statute

(1)

Facts

(1)

Question

(1)

Analysis

(1)

Conclusion

(1)

Mo. Rev. Stat. §305.090 (1999)

(1)

Statute

(1)

Facts

(1)

Question

(1)

Analysis

(1)

Conclusion

(1)

S.C. Code Ann. §16-17-520 (1998)

(1)

Statute

(1)

Facts

(1)

Question

(1)

Analysis

(1)

Conclusion

(1)

Ky. Rev. Stat. Ann. §525.110(a) (Michie 1998)

(1)

Statute

(1)

Facts

(1)

Question

(1)

Analysis

(2)

Conclusion

(1)

Mich. Comp. Laws Ann. §750.197c(1) (West 1999)

(1)

Statute

(1)

Facts

(1)

Question

(1)

Analysis

(1)

Conclusion

(4)

Legal Research

(50)

Introduction

(1)

Primary and Secondary Authority

(1)

Four Basic State Research Tools

(11)

The State and Regional Reporters

(1)

Division of the Reporter System by Region

(1)

Atlantic Reporter, Second Series

(1)

North Eastern Reporter, Second Series

(1)

North Western Reporter, Second Series

(1)

Pacific Reporter, Second Series

(1)

South Eastern Reporter, Second Series

(1)

South Western Reporter, Second Series

(1)

Southern Reporter, Second Series

(1)

Manner of Citation

(1)

Case name

(1)

Volume number

(1)

Identification of the set of books containing the case

(1)

Page number

(1)

Information in parentheses

(1)

Chronological Organization

(1)

Updated with Advance Sheets

(1)

Special State Editions of the Regional Reporters

(1)

The State Statutes Annotated

(1)

Examples in Various States

(1)

Manner of Citation

(1)

Numerical Organization

(1)

Updated with Pocket Parts

(1)

Special Volumes

(1)

Rules of procedure

(1)

The state constitution

(1)

The State Bar and Judiciary Rules

(1)

The State Encyclopedias

(1)

Examples in Various States

100

(1)

Never Cited

100

(1)

Alphabetical Organization

100

(1)

Updated with Pocket Parts

100

(1)

Special Volumes

100

(1)

Code Research Guide

100

(1)

Legal and Business Forms

100

(1)

Table of Cases and Numeric Case Names

100

(2)

The State Digests

102

(1)

Examples in Various States

103

(1)

Never Cited

103

(1)

Alphabetical Organization

103

(1)

Updated with Pocket Parts

104

(1)

Special Volumes

104

(1)

The Table of Cases

104

(1)

The Defendant/Plaintiff Table

104

(1)

The Descriptive-Word Index

104

(1)

Words and Phrases

105

(1)

Four Basic Federal Research Tools

105

(2)

The Federal Reporters

105

(1)

Federal Supplement

105

(1)

Federal Reporter

105

(1)

The Three U.S. Supreme Court Reporters

105

(1)

United States Reports

105

(1)

Supreme Court Reporter

106

(1)

United States Supreme Court Reports, Lawyer's Edition

106

(1)

The Federal Statutes

106

(1)

The United States Code

106

(1)

The United States Code Annotated

106

(1)

The United States Code Service

106

(1)

The National Encyclopedias

106

(1)

The Federal Digests

106

(1)

The Organization of a Typical Law Library

107

(2)

The State Materials for the State in Which the Library Is Located

107

(1)

The Cases

107

(1)

The Statutes

107

(1)

The Encyclopedias

107

(1)

The Digests

107

(1)

The Federal Materials

108

(1)

The Cases

108

(1)

The Statutes

108

(1)

The Encyclopedias

108

(1)

The Digests

108

(1)

The Regional Reporters

108

(1)

The State Materials for States Other Than the One in Which the Library Is Located

108

(1)

All Other Materials

109

(1)

Shepard's Citations

109

(1)

Sample Case with Exhibits Showing Connections between Research Sets

109

(24)

Hints for Choosing Which Research Set to Use

133

(1)

Is the Issue Likely to Be Governed by Legislative Law?

133

(1)

Does the Issue Require a Legal Definition?

133

(1)

Does the Issue Deal with a Totally Unfamiliar Subject?

133

(1)

Does the Issue Require Further Case Law Under a Particular Key Number?

133

(1)

Does the Issue Require Exact Language from a Specifically Cited Case?

133

(1)

Does the Issue Concern the Procedure to Be Followed by the Court?

133

(1)

Does the Issue Require a Case Citation When the Name of at Least One of the Two Primary Parties Is Known?

134

(1)

Does the Issue Require General Back-ground Information?

134

(1)

Importance of a Clearly Defined Issue

134

(1)

Sample Research Questions

134

(7)

Writing Skills

141

(10)

Organization

142

(4)

Format

142

(1)

Example 1

143

(1)

Example 2

143

(1)

Example 3

144

(1)

Example 4

145

(1)

The Organizational Format and the Writing Process

146

(5)

Preparation of the Outline

146

(1)

Determination of the Organizational Format

146

(1)

Amplification of Paragraph Categories

147

(1)

Use of Examples

147

(1)

Efficient Use of the Time Allotted

147

(1)

Definition of All Technical Terms

148

(1)

Avoidance of Unjustified Assumptions

148

(1)

Example

148

(1)

Poor answer

149

(1)

Better answer

149

(1)

Analysis of both answers

149

(2)

Ethics

151

(41)

Introduction

152

(1)

NFPA Model Code of Ethics and Professional Responsibility

153

(5)

NALA Code of Ethics and Professional Responsibility

158

(2)

NALA Model Standards and Guidelines for utilization of Legal Assistants Annotated

160

(11)

Analysis Using the Code of Ethics for the National Association of Legal Assistants, Inc.

171

(21)

Substantive Civil Law and Procedure

192

(53)

Introduction

194

(1)

The Basics of Substantive Civil Law

195

(6)

Two Important Subdivisions of Civil Law

195

(1)

Torts

195

(1)

Examples of intentional torts

195

(1)

Fraud

195

(1)

False imprisonment

196

(1)

Battery

196

(1)

Assault

196

(1)

The unintentional tort of negligence

196

(1)

Breach of Contract

197

(1)

The General Rule That Fault Must Be Proven

198

(1)

The Exception of Absolute Liability

198

(1)

Ultrahazardous activities

198

(1)

Workers' compensation

198

(1)

Food and drug contamination

198

(1)

Historical Immunities from Tort Liability

198

(1)

Government (Sovereign Immunity)

199

(1)

Very Small Children

199

(1)

Charities

199

(1)

Spouses and Immediate Family Members

199

(1)

Vicarious Liability

199

(1)

Damages

200

(1)

Compensatory Damages

200

(1)

Medical bills

200

(1)

Lost wages

200

(1)

Property damage

200

(1)

Pain and suffering

200

(1)

Punitive or Exemplary Damages

200

(1)

Nominal Damages

201

(1)

The Basics of Civil Litigation and Procedure

201

(44)

In General

202

(1)

The Basic Format of Pleadings

202

(1)

The Introductory Material at the Top

202

(1)

The upper right-hand corner or the top center

202

(1)

The upper left-hand corner

203

(1)

The title

203

(1)

The Main Body of the Pleading

203

(1)

The Conclusion

204

(1)

Documents Commonly Involved in a Simple Civil Action

204

(1)

The Summons

205

(1)

Who may serve summonses

206

(1)

The content of a summons

206

(1)

The requirement of a separate summons for each defendant

206

(1)

The service of subsequent pleadings

206

(2)

Alias and pluries summonses

208

(1)

Service of process on corporations

208

(1)

Service on out-of-state defendants

208

(1)

Reduction of service of process costs in federal court

209

(1)

In rem and quasi in rem cases

209

(1)

The Complaint or Original Petition

209

(1)

Key components of a simple standard complaint

210

(1)

Introductory paragraph

210

(1)

Statement of jurisdiction

210

(1)

Statement of both plaintiff and defendant domiciles

210

(1)

Statement of the facts

210

(1)

Possibility of multiple counts

211

(1)

Attachment of documents

211

(1)

Demand for jury trial

211

(3)

``Wherefore'' or demand clause

214

(1)

Subscription

214

(1)

The Civil Cover Sheet

214

(1)

The Answer

214

(1)

Key components of a simple standard answer

215

(1)

Introductory paragraph

215

(1)

Responses to specific allegations in the complaint

215

(1)

Sham and frivolous answers

215

(1)

Affirmative defenses

215

(3)

Res judicata

218

(1)

Release

218

(1)

Contributory negligence

218

(1)

Comparative negligence

218

(1)

Statute of limitations

218

(1)

Counterclaims

219

(1)

Compulsory counterclaims

219

(1)

Permissive counterclaims

219

(1)

Cross-claims

220

(1)

Third-party complaints

220

(1)

Concluding paragraph

221

(1)

Demand for a jury trial

221

(1)

Subscription

221

(1)

The time within which to respond

221

(3)

Default

224

(1)

The necessity of a final judgment from the court

224

(3)

The expiration of the period for responsive pleadings

227

(1)

The use of tickler files

227

(1)

Amendment of answers

228

(1)

Motions

228

(1)

Subpoenas

229

(1)

Issuance by the clerk

229

(1)

Service of subpoenas

230

(1)

Fees

230

(1)

Failure to obey a subpoena

230

(1)

Return of proof of service

230

(1)

Use of the subpoena duces tecum

230

(2)

Dismissals

232

(1)

Voluntary dismissals

232

(1)

Involuntary dismissals

232

(1)

Failure to prosecute

232

(1)

Pretrial Conferences

233

(1)

The Trial

233

(1)

Jury Selection

233

(2)

Opening Statements

235

(1)

Testimony of the Witnesses and the Introduction of Evidence

235

(2)

The questioning of each of the plaintiff's witnesses

237

(1)

Direct examination

237

(1)

Cross-examination

237

(1)

Redirect examination

237

(1)

Recross examination

237

(1)

A motion for directed verdict by the defense attorney

238

(1)

The questioning of each of the defendant's witnesses

238

(1)

Direct examination

238

(1)

Cross-examination

238

(1)

Redirect examination

238

(1)

Recross examination

238

(1)

Renewal of the defense's motion for a directed verdict

238

(1)

Presentation of further witnesses

239

(1)

Rebuttal

239

(1)

Surrebuttal

239

(1)

Closing Arguments

239

(1)

Jury Instructions

239

(1)

Jury Deliberations, the Verdict, and the Judgment

239

(1)

Motions in Anticipation of Appeal

240

(5)

Civil Discovery

245

(36)

In General

247

(1)

The Purposes of Discovery

248

(1)

To Prepare the Case More Thoroughly

248

(1)

Exposure of Deception

248

(1)

Clarify the Primary Issues and Defenses in the Case

248

(1)

To Locate, Obtain, and Preserve Evidence

248

(1)

The Scope of Discovery

249

(2)

Information Not Generally Subject to Discovery

249

(1)

Privileged Information

249

(1)

Information Lacking in Relevance

250

(1)

``Work Product''

250

(1)

Testimony of Experts Who Will Not Be Called as Witnesses

250

(1)

An Organized Plan of Discovery

251

(3)

The Meeting of the Attorneys to Plan for Discovery

251

(1)

Disclosure of Initial Information under Mandatory Disclosure

251

(1)

Names, Addresses, and Telephone Numbers

252

(1)

Copies of Documents and Tangible Evidence

252

(1)

A Computation of Any Category of Damages

252

(1)

Insurance Agreements

252

(1)

A Scheduling Conference Followed by the Entry of a Scheduling Order Setting Limitations as to Various Matters

252

(1)

The Time to Join Other Parties and to Amend the Pleadings

252

(1)

The Time to File Motions

252

(1)

The Time to Complete Discovery

252

(1)

At Least 90 Days Prior to Trial: Disclosure of Information Concerning Testifying Experts

253

(1)

Identity of the Testifying Experts

253

(1)

Contents of the Report When Experts May Testify

253

(1)

Disclosures Pertaining to Rebuttal Experts

253

(1)

At Least 30 Days Prior to Trial as a General Rule: Pretrial Disclosures

253

(1)

Names, Addresses, and Telephone Numbers of Potential Witnesses at Trial

253

(1)

Identification of the Testimony That Will Be Presented by the Use of Depositions

254

(1)

Identification of Potential Exhibits

254

(1)

Forms of Discovery

254

(20)

Depositions

254

(1)

Definition and Elements

254

(1)

Oral questioning

255

(1)

Opportunity for crossexamination

255

(1)

Before the trial or hearing

255

(1)

Party or witness

255

(1)

Under oath

255

(1)

Customarily in the presence of a court reporter

255

(1)

When Depositions May Be Taken

255

(1)

Documents and Other Requirements Necessary for Setting Depositions

256

(1)

Preparation of a notice of taking deposition

256

(1)

Preparation of a subpoena for deposition

256

(1)

The consequences of failure to attend

256

(1)

By the deponent

256

(1)

By the one setting the deposition

256

(2)

The necessity of a subpoena when the deponent is a party

258

(1)

The use of a subpoena duces tecum for deposition

258

(1)

Preparation of a witness fee check

258

(1)

Preparation of a service of process check

258

(1)

Arranging for the presence of a court reporter

258

(1)

Procedure at Depositions

258

(3)

Transcription of Depositions

261

(1)

The Use of Depositions in Court

261

(1)

Purposes for using depositions in court

261

(1)

Impeachment

261

(1)

Death of a witness

262

(1)

Excessive traveling distance for the witness

262

(1)

Age, illness, infirmity, or imprisonment of the witness

262

(1)

Exceptional circumstances

262

(1)

Partial use of depositions

262

(1)

Objections to admissibility

262

(1)

The Number of Depositions That May Be Taken

262

(1)

Interrogatories

263

(1)

Definition and Elements

263

(1)

Written questions

263

(1)

To be answered under oath

263

(1)

Written answers

263

(1)

Usually restricted to opposing parties only

263

(1)

When Interrogatories May Be Served

263

(1)

How Many Questions May Be Served

264

(1)

Objections to Interrogatories

264

(1)

The Maximum Time Allotted for a Response

264

(1)

General Procedure

264

(1)

Requests to Produce Business Records

264

(1)

Use of Interrogatories in Court

264

(7)

Production of Documents and Things and Entry upon Land for Inspection and Other Purposes

271

(1)

When the Request May Be Served

271

(1)

Time within Which to Respond

271

(1)

Requests Possible on Nonparties

272

(1)

The Maximum Number of Requests Possible

272

(1)

Objections to Requests

272

(1)

Physical and Mental Examinations

272

(1)

Who Must Submit to Physical and Mental Examinations

272

(1)

A Request by the Person Being Examined to See the Physician's Report

273

(1)

Requests for Admission

273

(1)

Definition

273

(1)

Applicable to Parties Only

273

(1)

When Requests for Admission May Be Sent

273

(1)

The Maximum Time Allotted for a Response

273

(1)

Partial Admission or Denial

274

(1)

Responses Indicating Lack of Knowledge

274

(1)

Failure to Respond

274

(1)

The Effect of an Admission

274

(1)

The Frequency with Which Discovery Tools May Be Used

274

(1)

The Duty to Supplement Discovery

275

(1)

Sanctions for Failure to Cooperate with Discovery

275

(6)

Certain Facts May Be Taken as Established

275

(1)

Certain Claims, Defenses, or Evidence May Be Disallowed

276

(1)

Pleadings May Be Stricken, Proceedings May Be Stayed, or There May Be a Dismissal or Default

276

(1)

An Order of Contempt of Court May Be Issued

276

(1)

Attorneys Fees and Costs May Be Incurred

276

(5)

Criminal Law, Discovery, and Procedure

281

(16)

Basic Background Information

282

(6)

In General

282

(1)

Classification of Crimes

283

(1)

Felonies as Opposed to Misdemeanors

283

(1)

Mala in Se as Opposed to Mala Prohibita Crimes

284

(1)

The Role of the Mental State of the Accused

284

(1)

Intent, Motive, and Knowledge of Guilt

284

(1)

Insanity of the Defendant

285

(1)

Parties to a Crime

285

(1)

Principals of the First and Second Degree

285

(1)

Accessories Before and After the Fact

285

(1)

Burden of Proof

286

(1)

Parties Lacking Capacity to Be Held Responsible for Their Crimes in Some or All States

286

(1)

Small Children

287

(1)

The Insane

287

(1)

The M'Naghten Rule

287

(1)

Those with Diplomatic Immunity

288

(1)

Typical Sequence of Events from the Crime to the Disposition

288

(9)

Different Possible Events That May Trigger the Initiation of a Criminal Case

288

(1)

Indictment or Information, Arrest, Magistrate's Hearing, and Arraignment

288

(1)

Complaint, Arrest, Preliminary Hearing, Information, and Arraignment

289

(1)

Complaint, Arrest, Magistrate's Hearing, and Arraignment

290

(1)

Arrest, Magistrate's Hearing, Preliminary Hearing, Indictment or Information, and Arraignment

290

(1)

Developments Subsequent to the Arraignment and Before Trial

290

(1)

Discovery

290

(1)

Pretrial Motions

290

(1)

Motions attacking the charging documents

291

(1)

Motions raising competency and sanity issues

291

(1)

Developments Relating to the Charges

291

(1)

A change of plea to guilty

291

(1)

Plea bargaining

291

(1)

Pretrial or Status Conference

292

(1)

The Sequence of Events in a Basic Criminal Jury Trial

292

(1)

Jury Selection

292

(1)

Opening Statements

293

(1)

The Prosecution's Case

293

(1)

Defendant's Motion for a Judgment of Acquittal

293

(1)

The Defense's Case

294

(1)

Defendant's Second Motion for a Judgment of Acquittal

294

(1)

The Charge Conference

294

(1)

Closing Arguments

294

(1)

Jury Instructions Are Read

295

(1)

Jury Deliberations and the Verdict

295

(1)

Acquittal

295

(1)

Conviction

295

(1)

Appeal

295

(1)

Sentencing

295

(2)

Real Estate

297

(43)

In General

298

(4)

Land and All Structures Built upon the Land

298

(1)

Fixtures

298

(1)

Rights in the Land of Others

299

(1)

Mortgages

299

(1)

Two primary documents involved

299

(1)

A mortgage note

299

(1)

A mortgage deed

300

(1)

Second and subsequent mortgages

300

(1)

Easements

300

(1)

Two types of easements

301

(1)

Appurtenant easements

301

(1)

Easements in gross

301

(1)

How easements are created

301

(1)

In writing

301

(1)

By implication

301

(1)

By prescriptive right

302

(1)

Licenses distinguished

302

(1)

Multiple Ownership

302

(3)

Ownership of Property in States without Community Property Laws

302

(1)

Tenancy in Common

302

(1)

Undivided interest

302

(1)

Transfer rights

303

(1)

Joint Tenancy with Right of Survivorship

303

(1)

Undivided interest

304

(1)

Transfer rights

304

(1)

Tenancy by the Entirety

304

(1)

Undivided interest

304

(1)

Transfer rights

304

(1)

Ownership of Property in States with Community Property Laws

305

(1)

Condominiums

305

(1)

Terminology

306

(27)

Grantor

306

(1)

Grantee

306

(1)

Deposit Receipt Contract

306

(1)

Warranty Deed

307

(1)

Quitclaim Deed

308

(1)

Bill of Sale

309

(1)

No Lien Affidavit

309

(1)

Assumption of Mortgage

309

(1)

Mortgage Payoff

309

(1)

Recording

310

(1)

Abstract

310

(1)

The Role of Computer Printouts in Title Searches

311

(1)

Name Search

311

(1)

Purchase Money Mortgage

311

(1)

Balloon Mortgage

312

(1)

Amortized Loan

312

(1)

Satisfaction of Mortgage

313

(1)

Closing Statement

313

(1)

Title Insurance

313

(1)

Claim of Lien

314

(1)

Release of Lien

314

(1)

Satisfaction of Judgment

314

(1)

Fee Simple Estate

314

(19)

Steps in a Very Basic Standard Residential Closing

333

(7)

A Deposit Receipt Contract Is Signed

333

(1)

An Abstract or Computer Printout Is Ordered

333

(1)

The Buyer Applies for Credit Approval

333

(1)

Roof, Pool, or Termite Inspections

333

(1)

The Abstract or Computer Printout Is Examined

334

(1)

A Request Is Sent for Assumption or Payoff Information

334

(1)

Arrangement for the Transfer or Purchase of Homeowner's Insurance Policies

334

(1)

A Closing Date Is Set and Documents Are Prepared

334

(1)

The Real Estate Closing Takes Place

334

(1)

All Appropriate Documents Are Recorded

334

(1)

The Title Insurance Policy Is Sent to the Buyer

335

(5)

Decedents' Estates

340

(19)

Testate Succession

341

(11)

In General

341

(1)

Revocation by the Maker

342

(1)

Capacity

342

(1)

Amendment of a Will

342

(1)

Form

342

(1)

In Writing

343

(1)

Signed

343

(1)

Witnessed

343

(1)

Standard Clauses Found in Simple Wills

343

(1)

Payment of Debts, Taxes, and Costs of Administration

343

(4)

Dispositive Clause

347

(1)

Simultaneous Death Clause

347

(1)

Appointment of Personal Representative and Designation of Powers

347

(1)

Guardianship Clause

348

(1)

Trust Clause

348

(1)

Attestation Clause

349

(1)

Self-Proving Affidavit

349

(1)

Statutory Elective Share

350

(1)

The Concept of ``Per Stirpes'' Distribution

351

(1)

Intestate Succession

352

(2)

Definition

352

(1)

A Typical Order of Intestate Distribution

There Is a Surviving Spouse, but No Lineal Descendants

352

(1)

There Are Both Lineal Descendants and a Surviving Spouse

352

(1)

There Are Lineal Descendants, but No Surviving Spouse

352

(1)

There Are Neither Lineal Descendants nor a Surviving Spouse

353

(1)

There Are Neither Lineal Descendants, Parents, nor a Surviving Spouse

353

(1)

There Are No Remaining Claimants

353

(1)

Probate and Administration of Estates

354

(5)

The Circumstances under Which Probate or Administration Is Required

354

(1)

The Purpose of Probate and Administration Proceedings

354

(1)

The Typical Sequence of Events in Probate Proceedings

354

(1)

A Petition for Administration Is Prepared

355

(1)

An Oath of Witness to Will Is Prepared

355

(1)

A Court File Is Opened in the Clerk's Office of the Probate Court

355

(1)

A Notice of Administration Is Prepared and Filed

356

(1)

An Inventory Is Prepared and Filed

356

(1)

An Accounting Is Prepared and Filed

356

(1)

Tax Statements Are Obtained and Filed

357

(1)

The Property Is Transferred to the Beneficiaries

357

(1)

The Closing Documents Are Prepared and Filed

357

(1)

A petition for discharge

357

(1)

Receipts of all beneficiaries

358

(1)

A final accounting

358

(1)

An order of discharge

358

(1)

Ancillary Administration

358

(1)

Living Wills

359

(1)

Domestic Relations

359

(27)

Introduction

362

(1)

Types of Marriages

362

(2)

Statutory Marriages

362

(1)

Requirements

362

(1)

A license

363

(1)

A marriage ceremony

363

(1)

Competent parties

363

(1)

Validity of the Marriage in Other States

363

(1)

Common Law Marriages

363

(1)

Requirements

363

(1)

Parties of the opposite sex have been living together as a marital couple

363

(1)

The parties have been holding themselves out to the general public as being a married couple normally for a minimum period of time set by statute

363

(1)

``Palimony''

364

(1)

Annulments and Dissolutions of Marriage

364

(3)

Annulment

364

(1)

Sham Marriage

364

(1)

Bigamy

365

(1)

Underage Party or Parties

365

(1)

Incest

365

(1)

Mental Incompetency

365

(1)

Intoxication

365

(1)

Duress

365

(1)

Physical Incompatibility

366

(1)

Dissolution of Marriage

366

(1)

When Specific Grounds Are Required

366

(1)

When Minimal Grounds Are Required

366

(1)

What must be plead

366

(1)

Respondent's lack of defense

366

(1)

Relevance of traditional grounds

367

(1)

Documents Involved in a Simple, Uncontested Suit for Dissolution of Marriage

367

(12)

A Petition for Dissolution of Marriage

367

(1)

A Declaration under the Uniform Child Custody Jurisdiction Act

368

(4)

An Answer

372

(3)

A Property Settlement Agreement

375

(1)

Separation

375

(1)

Alimony

375

(1)

Custody of Children

375

(1)

Child Support

375

(1)

Visitation Rights

376

(1)

Children's Medical Expenses

376

(1)

Division of Property

376

(1)

Division of Indebtedness

377

(1)

Tax Issues

377

(1)

Mutual Releases

377

(1)

Full Disclosure

377

(1)

Attorneys Fees

378

(1)

Execution of Subsequent Documents

378

(1)

A Motion for Final Hearing

378

(1)

A Social Security Affidavit

378

(1)

A Financial Affidavit

378

(1)

A Final Judgment of Dissolution of Marriage

379

(1)

Steps Involved in a Simple Suit for Dissolution of Marriage

379

(4)

The Property Settlement Agreement Is Signed

379

(3)

The Suit Is Filed

382

(1)

A Court Date Is Set

382

(1)

Arrangements Are Made for Proof of Residency

382

(1)

The Final Hearing Is Held

382

(1)

Simplified Dissolution Procedures

383

(3)

Contracts

386

(26)

In General

388

(1)

Types of Contracts

389

(2)

Unilateral and Bilateral Contracts

389

(1)

Executed and Executory Contracts

390

(1)

Express and Implied Contracts

390

(1)

Valid, Void, and Voidable Contracts

390

(1)

Quasi Contracts

391

(1)

The Elements of a Contract

391

(21)

An Agreement

392

(1)

The Offer

392

(1)

Examples of statements that do not constitute offers

392

(1)

Offers made in jest

392

(1)

Social invitations

392

(1)

Offers to negotiate or to receive offers from others

392

(1)

Special kinds of offers

393

(1)

Requirements contract offers

393

(1)

Output contract offers

393

(1)

Services as needed contract offers

394

(1)

``Cost plus'' contract offers

394

(1)

Contract offers referring to market price

394

(1)

Ways to terminate an offer

394

(1)

Rejection

394

(1)

Revocation

394

(1)

Examples of offers that may not be revocable

395

(1)

Options

395

(1)

Situations involving detrimental reliance

395

(1)

Firm offers

395

(1)

Counteroffer

395

(1)

Expiration of time

396

(1)

Death of either party

396

(1)

Insanity of either party

396

(1)

Illegality after the offer but before the acceptance

396

(1)

The Acceptance

396

(1)

The offeree's discretion to accept or reject

396

(1)

Who may accept

396

(1)

The lack of a response does not generally constitute an acceptance

397

(1)

The means of acceptance

397

(1)

The mailbox rule

397

(1)

Competent Parties

398

(1)

A General Presumption of Capacity

398

(1)

Parties with Special Kinds of Contractual Capacity Problems

398

(1)

Minors

398

(1)

Voidable contracts

398

(1)

Contracts for necessities

399

(1)

Special examples in which minors' contracts are valid

399

(1)

Release contracts

399

(1)

Student loans

399

(1)

When a minor can disaffirm the contract

399

(1)

Whether the minor must return the property after disaffirming

400

(1)

Misrepresentation of age by the minor

400

(1)

Parents' responsibility for their minor children's contracts

400

(1)

The liability of adults who cosign

401

(1)

Those intoxicated by drugs or alcohol

401

(1)

The insane

401

(1)

Consideration

402

(1)

Definition

402

(1)

Distinguishing gifts from contracts

402

(1)

Consideration in Unilateral and Bilateral Contracts

402

(1)

The Requirement of Consideration on Both Sides

402

(1)

Two examples of exceptions to the rule

403

(1)

Pledges to charities

403

(1)

Agreements to modify a contract for the sale of goods

403

(1)

Courts do not generally examine the sufficiency of consideration

403

(1)

Some exceptional circumstances

403

(1)

Illusory consideration

403

(1)

Unconscionability

404

(1)

Legality

404

(1)

Void Contracts

404

(1)

Examples of Special Situations Pertaining to the Legality Issue

404

(1)

Usury

405

(1)

Licenses

405

(1)

Agreements to not compete

405

(1)

Genuine Assent

405

(1)

Mistake

406

(1)

Unilateral mistake

406

(1)

Bilateral (or mutual) mistake

406

(1)

Coercion

406

(1)

Duress

406

(1)

Intentional or Unintentional Deceit

407

(1)

Fraud

407

(1)

Concealment

407

(1)

Innocent misrepresentation

407

(1)

Undue influence

407

(1)

Sometimes, Evidence of a Writing

408

(1)

A Writing Is Not Necessary for Most Contracts

408

(1)

Exceptions to the General Rule

408

(1)

Contracts for the sale of an interest in real estate

408

(1)

Contracts that cannot be performed within one year

408

(1)

Contracts in which one makes a promise to a creditor to pay a debtor's debts with the promisor's own money

409

(1)

Contracts in consideration of marriage

409

(1)

Contracts for the sale of goods over $500

409

(1)

What Qualifies as a Valid Writing

409

(3)

The NALA CLA Examination

412

(12)

Certification in General

413

(1)

Outline of the Examination

414

(3)

Communications

414

(1)

Ethics

414

(1)

Human Relations and Interviewing Techniques

415

(1)

Judgment and Analytical Ability

415

(1)

Legal Research

416

(1)

Legal Terminology

416

(1)

Substantive Law

416

(1)

Seminars and Materials Useful for Test Preparation

417

(1)

Testing Center Locations

417

(1)

Grading and Retake Policy

418

(1)

Eligibility Requirements

418

(1)

Graduation from a Legal Assistant Program [with Specific Requirements]

419

(1)

A Bachelor's Degree in Any Field Plus One (1) Year's Experience (or Legal Assistant Courses)

419

(1)

A High School Diploma or Equivalent Plus Seven (7) Years' Experience and Continuing Legal Education Credits

419

(1)

Requirements for Maintaining Certified Legal Assistant Status

419

(2)

Categories of Eligibility

420

(1)

Mechanics for Maintaining Eligibility

421

(1)

Special Note

421

(1)

Grounds for Revocation of CLA Status

421

(1)

Additional Notes

422

(2)

Glossary

424

(11)

Index

435

Amazon no longer offers textbook rentals. We do!

The Basics of Paralegal Studies

The Basics of Paralegal Studies

9780130883315

013088331X

Summary

Table of Contents

Supplemental Materials

Write a Review

Amazon no longer offers textbook rentals. We do!

The Basics of Paralegal Studies

The Basics of Paralegal Studies

9780130883315

013088331X

Summary

Table of Contents

Supplemental Materials

Write a Review

Related Products