Into to Paralegal Studies
Last Modified: 2012-05-15
A "Lawyer" is an equivalent term for an attorney at law.
A national organization of paralegal program that promotes high standards for paralegal education.
The U.S. was the first nation to adopt a written constution.
This constitution provides the framework within which all our laws are made.
The division of power between the nantional government and the states.
Certain powers are explicityly granted to the federal government, whil all others are reserved to the states and the people.
A court's power to review statutes to decide if they conform to the federal or a state constitution.
When there is a challenge to the constutionality of a law, it is the courts that review and determine whether or not the law is valid.
- it is necessary to prevent a serious crime
- in order for an attorney to collect a fee
- defend him/herself
- Oral = slander
-Libel = written
Written/Video publication means someone other than the plaintiff/defendant must see or hear it.
(Breach of Contract is not a tort)
- strict liability
(Not every tort qualifies as a crime, but some acts if done intentionally can lead to both criminal prosecution and civil litigation
- the defendant must have breached that duty (Breach that duty)
- thereby causing (Causation)
- the plaintiff harm (plaintiff's harm)
(violation of a statute is proof of negligence)
But for the defendant's actions, the plaintiff would not have been injured
1. as two or three party instruments
2. as orders or promises to pay
3. as bearer or order paper, and
4. as negotiable or nonegotiable
Commercial paper that can be transferred by indorsement or delivery.
It must meet the requirements of UCC sec. 3-104 to be negotiable
Something of value must be exchanged (consideration) (the glue that holds together the promise)
the parties to the contract
the subject matter of the contract
the nature of the consideration and
the time for performance (time frame or expiration)
Time Effective (the paralegal allows the atty. to work on more substancial part of the case)
Communication with clients
The separate branches of government share power and have the ability to limit the actions of the other branches.
Checks and Balances is designed to guard against "a gradual concentration of the several powers in the same department.
1. Congress makes the law, but the President can veto the law.
2. The executive branch is responsible for administering law, but it cannot spend money unless Congress provides for the appropriate funding in the budget.
Limited time framed, from when something happens and the time it can be brought before a court before it is lost.
Determine whether lower courts have made and error and have the right to overturn the lower courts decision.
Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law.
The papers that begin a lawsuit.
Generally, the complaint and the answer
Request for Admissions
A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner. (the juror may know facts about the case or work in the legal field)
Are both intentional torts.
Assault: A person fears that bodily or physical harm may occur, but no harm is done.
Battery: Physical harm is done to a person
Duty and Care - Defendant must owe a duty to the plaintiff to act reasonably
Breach of Duty - Defendant must have breached that duty
Causation - thereby causing
Breach of Harm - the plaintiff harm`
Something of value is negotiated (consideration)
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