Law - National Paralegal College

Organization

National Paralegal College

Credit Course Categories:

Descriptions and credit recommendations for all evaluated learning experiences

Administrative Law (PLG-302)

Length:

Varies; self-study format.

Dates:

November 2009 - Present.

Objectives:

Upon successful completion of this course, students will be able to: perform basic administrative law research on the Federal and State levels, including agency directories and LEXIS; discuss how administrative bodies work; explain the scope and limitations of agency investigations; describe how administrative rule making is conducted; provide an overview of Administrative Procedures Act; and explain the role of the Freedom of Information Act in agency matters.

Instruction:

This course presents the constitutional, legal, and administrative principles that regulate the activities of administrative agencies on both the Federal and State levels. Students learn formal and informal advocacy techniques, including the role of the paralegal in such proceedings. Substantive topics include: administrative delegation of power; rule making; agency discretionary powers; remedies; and judicial review. Procedural topics include: agency operation; adjudication; hearing preparation; and administrative and judicial appeals. Evaluation criteria include: required readings, essay assignments, class participation, and final exam.

Credit recommendation:

In the lower division baccalaureate/associate degree category OR in the upper division baccalaureate degree category, 3 semester hours in Administrative Law or Business Law (1/13) (3/18 revalidation).

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Advanced Civil Litigation (PLG-402)

Length:

Varies; self-study format.

Dates:

November 2009 - Present.

Objectives:

Upon successful completion of this course, students will be able to: describe the court systems as they exist on the federal level and in most states; determine possible paralegal tasks should be billed as "legal work" to clients; prepare for and conduct an initial client interview in a civil litigation process; determine possible types of evidence will be admissible at trial and properly preserve that evidence; help plan an investigation into an incident relevant to civil litigation; draft pleadings (i.e., complaint and answer) that are filed at the outset of a civil case; file a complaint and arrange to have it properly served on the defendant; determine the manner in which to obtain a default judgment in the student's jurisdiction; draft a motion for relief from a court during a civil litigation proceeding; help assemble a discovery plan for investigating relevant information using appropriate discovery devices; draft interrogatories and requests for production and notices of deposition; create digests of depositions and other discovery responses and extract relevant information; describe the main methods of alternative dispute resolution; assist with jury investigation and selection; help attorneys throughout the trial process by keeping a trial notebook, tending to witness needs, etc; prepare a judgment, bill of costs, and other important post-trial documents; and assist with the preparation of appellate briefs, including the preparation of a table of authorities, statement of issue, etc.

Instruction:

This course is designed specifically to prepare students to handle all aspects of a civil case and examines the trial process from start to finish and looks at the paralegal's role and the rules that paralegals must follow to fulfill that role. Additionally, the course explores all of the steps in a civil case, commencing with the initial client interview and following the civil litigation process through the initial investigation, drafting, and filing of the complaint, the discovery process, trial preparation, and assistance during the trial. The course concludes with an examination of the paralegal's role in the appeals process. Special emphasis is placed on pleadings and motions and preparing and filing discovery requests and responses. Evaluation criteria include: required readings, essay assignments, class participation, and final exam.

Credit recommendation:

In the lower division baccalaureate/associate degree category OR in the upper division baccalaureate degree category, 3 semester hours in Civil Litigation or Business Law (1/13) (3/18 revalidation).

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Advanced Legal Analysis and Writing (PLG-401)

Length:

Varies; self-study format.

Dates:

August 2009 - Present.

Objectives:

Upon successful completion of this course, students will be able to: appropriately cite any authority, including cases, statutes, law review articles, secondary authorities, etc.; appropriately differentiate between various types of legal writing, including intra-office memorandum, legal brief, and others; properly organize, using the I-R-A-C method in organizing a legal essay or memorandum; write in a clear, concise, and legalistic manner; distinguish between mandatory and persuasive authority and determine how much weight to give each in varying situations; identify and apply key facts and rules in cases and statutes; separate, identify, and draft varying components of a legal brief, including the table of contents, table of authorities, question presented, argument, and conclusion; and appropriately revise and edit legal writings to avoid excessive legalese, verbose, or incomprehensible language and other legal writing errors.

Instruction:

This is an advanced course that seeks to refine students' abilities to write in a formal, legal manner. Additionally, students receive training in drafting legal memoranda and briefs and examine different types of legal memoranda and writings that exist. Instruction focuses on forms of legal writing and trains students in the art of adapting their writing to the given situation. The course also focuses on developing the ability to apply legal research to the creation of the written legal document. Students' familiarity with legal research through Lexis (or other means) and basic knowledge of the United States court system and differences between mandatory and persuasive authority are presumed. Students are expected to research, draft, and submit an appellate brief based on an assigned fact pattern and fictitious procedural history. Evaluation criteria include: required readings, essay assignments, class participation, and final exam. Prerequisite: Legal Research, Writing, and Civil Litigation (PLG-108).

Credit recommendation:

In the lower division baccalaureate/associate degree category OR in the upper division baccalaureate/associate degree category, 3 semester hours in Legal Analysis and Writing or Business Law (1/13) (3/18 revalidation).

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Alternative Dispute Resolution (PLG-111)

Length:

Varies; self-study format.

Dates:

March 2008 - Present.

Objectives:

Upon successful completion of this course, students will be able to: analyze the advantages and disadvantages of negotiation in a particular situation vis-a-vis taking the dispute to a court of law; assist in strategically determining a client's settlement position in terms of the strengths and weaknesses of the case; explain how a person can generally avoid dangers which arise during negotiation; analyze ethical issues that may arise in negotiation; explain the role of a mediator; analyze the meaning and effect of mediation agreements and how they affect the parties' future rights; explain advantages and disadvantages of arbitration and assist in making the determination of whether it is an appropriate choice for a particular case; research and apply state and federal laws that govern arbitration; take necessary steps to initiate an arbitration proceeding; and explain form and functions of high-low arbitration and how it operates differently from traditional arbitration.

Instruction:

This course provides students with a working knowledge of the basic theories underlying negotiation, arbitration, and mediation. Students learn the important distinguishing characteristics of each of these "alternative" approaches to resolving disputes and also learn how to address the ethical and legal issues which may arise in pursuit of these remedies. In addition to covering current theory on these topics, much of the course is dedicated to hypothetical scenarios and court cases concerning arbitration. Another portion of the course centers on the contracts involved in mediation. Students complete this class with a familiarity of the general workings of these processes from a theoretical and a practical perspective.

Credit recommendation:

In the lower division baccalaureate/associate degree category OR in the upper division baccalaureate degree category, 3 semester hours in Alternative Dispute Resolution or Business Law (1/13) (3/18 revalidation).

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Business Law and Bankruptcy (PLG-105)

Length:

Varies;self-study format.

Dates:

September 2008 - Present.

Objectives:

Upon successful completion of the course, students will be able to: describe various documents that must be filed with government agencies in order to create various types of businesses; explain characteristics of various business formations, specifically as they relate to tax and liability issues; outline the formation of a corporation including the certificate of incorporation and corporate bylaws; determine which form of business is most appropriate in a particular situation; list various remedies available to shareholders in claims of mismanagement against key personnel of the corporation; outline the basics of mergers, acquisitions, and hostile takeovers; outline procedures through which mergers and hostile takeovers are accomplished and apply some of the laws surrounding those events to hypothetical situations; define functioning of major stock exchanges such as the New York Stock Exchange and NASDAQ; explain various types of bankruptcy protection available under federal law; identify the most appropriate type of bankruptcy protection to seek, given an individual's financial situation; compare and contrast various types of bankruptcy filings, including liquidation bankruptcy under Chapter 7 of the Bankruptcy Code and reorganization under Chapters 11 and 13; outline the bankruptcy process including various timetables involved; and define and apply the rule of creditors and determine which debts will most likely have priority over others.

Instruction:

This course is designed to provide students with a basic understanding of the principles of the most significant laws pertaining to business organizations. The Business Organization Law component of the course focuses on individual characteristics of various business organizations, including publically held and closely held corporations, general partnerships, sole proprietorships, limited liability partnerships and limited liability corporations. These various forms of business are compared and contrasted to determine the advantages and disadvantages of creating and maintaining each form. Evaluation criteria include: required readings, essay assignments, class participation, and final exam.

Credit recommendation:

In the lower division baccalaureate/associate degree category OR in the upper division baccalaureate degree category, 3 semester hours or Business Law or Bankruptcy (1/13) (3/18 revalidation).

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Constitutional Law and Criminal Procedure (PLG-110)

Length:

Varies; self-study.

Dates:

December 2008 - Present.

Objectives:

Upon successful completion of this course, students will be able to: articulate roles of the federal, state, and local governments; explain the concept of separation of powers; determine whether a particular state or federal law is at risk of being found unconstitutional; describe due process and equal protection clauses of the United States Constitution and the impact on civil rights; outline standards that courts use in determining whether the government may make classifications that treat people differently from one another; define when laws can deprive people of certain freedoms; research case law involving claims of government deprivation of civil rights; outline freedoms protected by the First Amendment, such as speech, assembly, and religion; define and apply rights and responsibilities of police officers under the Fourth and Fourteenth Amendments regarding search and seizure and identify which searches that are regulated by the Fourth Amendment and police actions that are not considered searches and are thus not restricted by the Amendment; analyze whether findings in an illegal search will be admissible in a particular case based on governing case law; outline the process by which a criminal suspect is arrested, held, interrogated, and eventually tried and describe protections afforded a criminal suspect in police custody; and decide whether a suspect when properly "Mirandized"' and outline the rights of a criminal suspect through the trial and sentencing process.

Instruction:

This course provides students with a general understanding of the major issues in Constitutional Law, including the separation of powers between the Executive, Legislative, and Judicial Branches of the Federal Government; federalism and states' rights; concept of interstate commerce; freedom of speech (The First Amendment); substantive and procedural due process; equal protection clause; and various areas of discrimination. Evaluation criteria include: required readings, essay assignments, class participation, and final exam.

Credit recommendation:

In the lower division baccalaureate/associate degree category OR in the upper division baccalaureate degree category, 3 semester hours in Constitutional Law or Criminal Procedures (1/13) (3/18 revalidation).

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Contracts (PLG-102)

Length:

Varies; self-study format.

Dates:

April 2008 - Present.

Objectives:

Upon successful completion of this course, students will be able to: properly research various sources of contract law including common law, case law, general obligation statutes and the Uniform Commercial Code (U.C.C.); describe the process in which a contract can be formed by "mutual assent"; differentiate between an offer and a mere expression of interest or invitation to negotiate; describe rules of revocation by actions or expressions and apply those rules to fact patterns; list actions that constitute acceptance of an offer; apply more complex aspects of the rule of consideration including the rules governing partial payment checks and promises to pay rewards; define and apply rules regarding defenses against the enforcement of a contract; recognize cases in which a contract can be voided due to grounds such as mistake, duress, unconscionably, statute of frauds, etc. and determine whether any such defense is applicable in a particular case; decide if a contract has been breached in a particular fact pattern; apply "substantial performance" rule to breach of contract scenarios and the related "perfect tender" rule of the U.C.C. in the sale of goods; apply rules for contract remedies (expectation, reliance and restitution damages) to a particular fact pattern and predict kind of remedy a court will be most likely to order in that case; outline the type of remedy a court will likely order in a specific case; and outline the necessary conditions before a court will order equitable remedies such as specific performance.

Instruction:

This course provides students with a comprehensive understanding of the common law of contracts from the formation of a contract through its termination including several ways in which the contract can be entered: consideration, offer, and acceptance; illusory contracts;oral contracts, the statute of frauds, accord, and satisfaction, enforcement, damages for breach of contract, and the several defenses available to a party who rescinds on a contract. Students study the Uniform Commercial Code and the laws governing the sale of goods. Evaluation criteria include: required readings, essay assignments, class participation, and final exam.

Credit recommendation:

In the lower division baccalaureate/associate degree category OR in the upper division baccalaureate degree category, 3 semester hours in Business Law or Contracts (1/13) (3/18 revalidation).

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Criminal Law (PLG-103)

Length:

Varies; self-study format.

Dates:

May 2008 - Present.

Objectives:

Upon successful completion of the course, students will be able to: outline necessary elements for the prosecution of any crime; determine whether a crime has been committed based on a fact pattern and if true, which crime has been committed; describe basic elements of various common law crimes; research criminal codes and apply elements of a crime in various state or federal jurisdictions; prepare a memorandum with regard to a question of criminal law in a hypothetical fact pattern; describe and apply various defenses that are available under the criminal laws of different jurisdictions; and apply federal and/or state sentencing guidelines to convictions where applicable.

Instruction:

This course introduces students to the basic concepts of criminal law and outlines definitions and elements of common law crimes against persons, property and various legal defenses available to criminal defendants. Also discussed are certain topics in criminal procedure that highlight constitutional safeguards and procedures involved from arrest through trial. Evaluation criteria include: required readings, essay assignments, class participation, and final exam.

Credit recommendation:

In the lower division baccalaureate/associate degree category OR in the upper division baccalaureate degree category, 3 semester hours in Criminal Law (1/13) (3/18 revalidation).

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Domestic Relations (PLG-107)

Length:

Varies; self-study format.

Dates:

February 2008 - Present.

Objectives:

Upon successful completion of the course, students will be able to: analyze a pre-nuptial agreement with standard clauses and describe the basis upon which the agreement can be challenged; outline marriage requirements in most states; determine whether a valid marriage exists in a particular hypothetical scenario; describe rules of commencement and dissolution of parental rights; define and apply rules of custody of biological children, adoption, and the termination of parental rights; apply important "best interest of the child" standard; outline prevalent grounds for divorce under the law of most jurisdictions as they relate to "fault" and "no-fault" grounds; and apply rules of marital property upon divorce and the rules regarding child support.

Instruction:

This course surveys various issues pertaining to family law including the marital relationship, divorce, alimony, and other forms of support that can result from divorces, equitable distribution of property, and child custody. Instruction focuses on: recent decisions and legislation that have profoundly impacted relatively modern issues and trends such as illegitimacy and status, palimony, rights of unmarried parents, surrogate parents, and no-fault divorce. Evaluation criteria include: required readings, essay assignments, class participation, and final exam.

Credit recommendation:

In the lower division baccalaureate/associate degree category OR in the upper division baccalaureate degree category, 3 semester hours in Domestic Relations or Family Law (1/13) (3/18 revalidation).

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Drafting Contracts and Contract Provisions (PLG-403)

Length:

Varies; self-study format.

Dates:

January 2009 - Present.

Objectives:

Upon successful completion of the course, students will be able to: explain the importance of a contractual agreement and what the agreement means; outline and apply the seven contractual concepts; apply and explain to clients and colleagues the risk allocation involved in entering into contractual agreements; draft contracts and contract provisions in plain English and convert terms written in "legalese" into plain English; explain the difference between contractual terms of art and apply them to various circumstances in which they should be used; draft standard contractual provisions clearly and without ambiguities; explain the organization and chronology of a contract; review a contract that has already been drafted and identify areas that need to be added to, removed, corrected, etc; and avoid (or overcome) ethical dilemmas in contract drafting.

Instruction:

This course focuses on the "building block" components that comprise a contract and how each component is drafted. Students get a "behind the scenes" look at conversations and negotiations that occur prior to getting to the drafting stage and what happens during and after the drafting stage. Students learn how to draft in simple terms (simplify complex sentences, agreements, and statutes into plain English) for an easy-to-read contract. Also included is a review of basic grammar principles. Evaluation criteria include: required readings, essay assignments, class participation, and final exam.

Credit recommendation:

In the lower division baccalaureate/associate degree category OR in the upper division baccalaureate degree category, 3 semester hours in Contract Law or Business Law (1/13) (3/18 revalidation).

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