Introduction to Law & Paralegal Studies

Title
Table of Contents
1 What Is Law?
	What Is Law?
	Historical Perspective on Law
	U.S. Constitution
	Bill of Rights
	Federalism
	Federal Supremacy
	Commerce Clause
	Structure of Government
		Legislative Branch
		Executive Branch
		Judicial Branch
	The Paralegal Working with the Constitution and the Legal System
	Summary
	Key Terms
	Review Questions
	Discussion Questions
	Portfolio Assignment
	Vocabulary Builders
2 What Is a Paralegal?
	Historical Perspective on Paralegal Practice
	What Is a Paralegal?
	What Does the Paralegal Do?
	Tools of the Trade
		Organizational Tools
		Personal Reference Manual (PRM)
		Analysis and Critical Thinking
		Language of Law and the Constitution
		Ethics
		Unauthorized Practice of Law (UPL)
		Research
		Communication
	Paralegal Education
		Certification
		Continuing Legal Education (CLE)
	Additional Tools and Resources of the Trade
	Professional Organizations
	Employment Opportunities for the Paralegal
	Summary
	Key Terms
	Review Questions
	Discussion Questions
	Portfolio Assignment
	Vocabulary Builders
3 Courts and Law
	Sources of Law
	Structure of the U.S. Court System
	Structure of State Court System
	Types of Law
	Court Jurisdiction
	Commencement of Action
	Personnel in the System
	Appellate Review Process
	Alternative Dispute Resolution (ADR)
		Mediation
		Arbitration
	Summary
	Key Terms
	Review Questions
	Discussion Questions
	Portfolio Assignment
	Vocabulary Builders
4 Introduction to Legal Research
	Fundamentals of Legal Research
	Primary Sources of Law
	Secondary Sources of Law
	Fundamental Tools of Legal Research
	Legal Research Process
		Step 1. Gather All Relevant Information
		Step 2. Prepare for Research
		Step 3. Identify the Legal Issue or Question
		Step 4. Identify Key Words
		Step 5. Explore Secondary Sources
		Step 6. Locate the Primary Authority
		Step 7. Review and Update Source Information
		Step 8. Draft Your Research Memorandum
	Legal Citations
		Federal and State Statute Citation Forms
		Electronic Citation and Reference Research Sources
		Reading Case Opinions
	Types of Law to Research and Cite
	Shepard’s Citing
	Computer-Assisted Legal Research (CALR)
	Summary
	Key Terms
	Review Questions
	Discussion Questions
	Portfolio Assignment
	Vocabulary Builders
5 Legal Writing and Analysis
	Thinking about Law
	Legal Writing Rules and Tips
		General Writing Tips
		Writing Persuasively
		Setting the Tone
	Writing about Law
	Critical Analysis
	Beginning Your Legal Analysis
	Formatting Legal Writing
		Case Brief
		Internal Office Memorandum
		Legal Memorandum
		Opinion Letter
	Summary
	Key Terms
	Review Questions
	Discussion Questions
	Portfolio Assignment
	Vocabulary Builders
6 Contracts and Sale of Goods
	Overview of Contract Law
	Offer
	Consideration
	Acceptance
	Competence of Parties
	Contract Classifications
	Contract Types
	Contract Enforceability
	Contracts Requiring Writing
	Uniform Commercial Code (UCC)
		Classification of Sale under the UCC
	Summary
	Key Terms
	Review Questions
	Discussion Questions
	Portfolio Assignment
	Vocabulary Builders
7 Contract Performance, Termination, and Breach
	Contract Performance
		Unavoidable Nonperformance
		Commercial Impracticability under the UCC
	Remedies for Breach of Contract
	Damages Available for Breach of Contract
		Equitable Relief
		Contract Discharge by Agreement of the Parties
	Defenses to Complaint for Breach of Contract
	UCC Article 2, Sale of Goods and Breach of Contract
	Summary
	Key Terms
	Review Questions
	Discussion Questions
	Portfolio Assignment
	Vocabulary Builders
8 Real Property Law
	Historical Background
	Real Property Defined
	Real Property Ownership
		Life Estates
		Future Interests
		Other Interests in Real Property
	Transferring Ownership in Real Property
		Acquiring Property Interest through Adverse Possession
		Acquiring Property Interest through Eminent Domain
	Summary
	Key Terms
	Review Questions
	Discussion Questions
	Portfolio Assignment
	Vocabulary Builders
9 Civil Procedure and Litigation
	Historical Overview
	Federal, State, and Local Rules
	Process Overview
		Initial Client Interview
		Preparing the Case for Filing the Complaint
		Framing the Complaint and the Cause of Action
		Pleadings
		Discovery
		Trial
	Summary
	Key Terms
	Review Questions
	Discussion Questions
	Portfolio Assignment
	Vocabulary Builders
10 Trial, Alternative Dispute Resolution (ADR), and Remedies
	Preliminary Matters
	Jury Selection
	Trial
		Opening Statements
		Presentation of Evidence
		Closing Statements
		Jury Instructions
		Verdict, Judgment, and Post-Trial Motions
	Trial Options
	Remedies and Damages
	Summary
	Key Terms
	Review Questions
	Discussion Questions
	Portfolio Assignment
	Vocabulary Builders
11 Criminal Law and Procedure
	Criminal Law Distinguished from Civil Law
	Sources of Criminal Law
	Criminal Proceedings
		Arrest
		Initial Charge
		Initial Appearance
		Preliminary Hearing
		Pretrial Discovery
		Trial
		Sentencing
		Appeal
	Substantive Criminal Law Issues
	Fourth Amendment
		Search and Seizure under the Fourth Amendment
		Probable Cause under the Fourth Amendment
		Warrants and Fourth Amendment Guarantees
	Terrorism and Criminal Law
	Summary
	Key Terms
	Review Questions
	Discussion Questions
	Portfolio Assignment
	Vocabulary Builders
12 Introduction to Intentional Torts
	History of Tort Law
	Overview of Intentional Torts
	General Requirement for Intentional Torts
	Torts against Persons
		Tortious Assault
		Tortious Battery
		Intentional Infliction of Emotional Distress
		False Imprisonment
		Defamation
	Torts against Property
		Trespass to Land
		Trespass to Chattel
		Tortious Conversion and Interference with Business Relations
	Defenses to Intentional Torts
		Protection as a Defense to Intentional Tort
		Defense of Consent
		Defense of Necessity
		Defense of Arrest
		Defense of Discipline
	Vicarious Liability for Torts (Respondeat Superior)
	Strict Product Liability Principles
	Summary
	Key Terms
	Review Questions
	Discussion Questions
	Portfolio Assignment
	Vocabulary Builders
13 Negligence Law and Damages
	General Discussion of Negligence
	Duty Element in Negligence Actions
	Breach Element of Negligence Claims
	Foreseeability
	Res Ipsa Loquitur Exception
	Causation Element of Negligence Claim
	Proximate Cause
	Damages in Negligence Cause of Action
		Compensatory Damages
		Punitive Damages
		Nominal Damages
	Negligence Claims Defenses
	Tort Reform
	Summary
	Key Terms
	Review Questions
	Discussion Questions
	Portfolio Assignment
	Vocabulary Builders
14 Family Law
	Brief Historical Background
	Marriage
	Dissolution of Marriage
	Dissolution of Marriage Processes
	Annulment
	Palimony
	Child Custody and Visitation
		Cross-Jurisdictional Issues
	Child Support
	Equitable Distribution of Property
	Adoption
	Summary
	Key Terms
	Review Questions
	Discussion Questions
	Portfolio Assignment
	Vocabulary Builders
APPENDIX: Resources
Glossary
Index