CERTIFICATE PROGRAM in Paralegal Studies Course Syllabus: Legal Issues II Spring Quarter hours; 3.0 CEUs Instructors: Naomi Berkowitz

30 hours; 3.0 CEUs

Instructors: Naomi Berkowitz

Course Dates/Times: Wednesdays, April 8, 2015 – June 10, 2015 6:00 p.m. – 9:00 p.m.

Instructor Name: Naomi Berkowitz

Contact hours: Mon. – Fri. Email or by appointment

Office phone: 253-851-5650

E-mail: [email protected]

Class meetings: 6:00 PM – 9:00 PM, Wednesdays

Prerequisites: Paralegal Studies first and second term courses Technology

Requirements:

E-mail access; on-line personal computer to access Westlaw or Lexis

COURSE DESCRIPTION

A survey of case law and practice in non-commercial areas of law. Topics include:

Criminal Law and Procedure and Juvenile Justice, Indian Law, Employment Law, Immigration Law, Elder Law

COURSE OBJECTIVES

Criminal Law

1. To articulate the purpose of laws prohibiting certain behaviors;

2. To articulate the components of the crime that forms the basis of criminal behavior: the guilty state of mind and the guilty act;

3. To demonstrate which incomplete crimes give rise to criminal liability; 4. To articulate what scenarios provide defenses to otherwise criminal behavior; 5. To learn the different standards of criminal liability for juveniles;

6. To understand the a criminal case from the filing in court through sentencing;

7. To understand the Constitutional restraints on law enforcement agencies in criminal investigations;

COURSE TOPICS

Criminal Law- 5 weeks

1. Inchoate and Organized crime 2. Defenses

3. Capacity and the Juvenile Offender 4. Drafting the Complaint

5. Search and Seizure

6. Confessions and Pretrial identification procedures 7. Initial Appearance, Preliminary Hearing, Trial

COURSE OBJECTIVES

Criminal Law

1. To articulate the purpose of laws prohibiting certain behaviors;

2. To articulate the components of the crime that forms the basis of criminal behavior: the guilty state of mind and the guilty act;

3. To demonstrate which incomplete crimes give rise to criminal liability; 4. To articulate what scenarios provide defenses to otherwise criminal behavior; 5. To learn the different standards of criminal liability for juveniles;

6. To understand the a criminal case from the filing in court through sentencing;

7. To understand the Constitutional restraints on law enforcement agencies in criminal investigations;

8. To identify the sources of various misdemeanor, felony, and federal criminal law.

Other Legal Topics- 5 weeks

1. Indian Law 2. Employment Law 3. Immigration Law 4. Elder Law

COURSE OBJECTIVES

1. To understand basic legal issues, governing law, and court processes related to Indian Law

2. To understand basic terminology, legal issues, and processes related to Employment Law 3. To understand basic terminology, documents, and legal processes related to Immigration

Law

4. To understand basic terminology and legal issues related to Elder Law

COURSE FORMAT

This is a lecture course in which topics are presented by the instructor. Class discussion, work groups, reading materials and possible guest lecturers may supplement the course topics. Students should read the assigned materials in preparation for each of the class discussions. Supplemental reference materials may be provided for the student seeking more in depth materials on particular topics. The supplemental materials are not required reading for the course.

Criminal Law: There will be two assignments. There will be one written final exam covering the five weeks of lecture and assigned reading materials. The final will be a take home exam. Other Legal Topics: There will be two assignments. There will be a take-home final exam that is due on the last night of class.

Assigned readings are detailed in the syllabus. Please read assigned reading prior to class.

TEXTBOOKS

• Criminal Law and Procedure: A Systems Approach, James W.H. McCord and Sandra L. McCord, 4rd Edition, 2012, ISBN 13: 978-1-4-4354-4016-6

•

• Weissbrodt’s and Danielson’s Immigration Law and Procedure in a Nutshell, 6th Edition(Nutshell Series), David Wesissbrodt and Laura Danielson, West Thomson Publishing, 2011, ISBN 978-0-314-1944-7

• Frolik and Kaplan’s Elder Law in a Nutshell, 6th Edition (Nutshell Series), Lawrence A. Frolik and Richard L. Kaplan, West Academic Publishing, 2014, ISBN 978-1-62810-009-9

• Employment Law in a Nutshell, 3rd Edition, (Nutshell Series), Robert Covington, Kurt Decker, West Publishing, 2009, ISBN 978-0-314-19540-1

ASSIGNMENTS

Generally, courts do not grant extensions easily. In the legal field, deadlines are critical and failure to meet them can cause a client to lose his or her case. To obtain an extension, you must petition the court in advance. Accordingly, should you have an emergency or a valid reason for needing an extension of time for a written assignment, you must ask for it in advance. Obtaining an extension is your responsibility. Please note that your request for an extension may not be granted. Any assignment handed in late will receive a deduction in the grade.

EVALUATION AND GRADING

In order to receive a passing grade in this course, you must attain 80% (B) or more. Your grade will consist of the following:

Criminal law:

Assignment # 1 Criminal law written assignment 30 points Assignment #2 Criminal law Q&A 30 points

Final Exam Criminal Law Exam 40 points

Other Legal Topics:

Assignment for Employment Law 30 points Assignment for Immigration Law 25 points Final Exam 45 points

ATTENDANCE

Since your grade may be raised or lowered because of your class participation and because lectures will explain upcoming assignments, it is very important that you come to class. If you have an excuse to miss a particular class, please make sure that the instructor knows in advance. If you are unable to contact the instructor in advance, please advise her of the reason for the absence as soon as you can do so.

TEACHING AND LEARNING CENTER

The Teaching and Learning Center offers academic support for students at all levels of expertise--review, undergraduate, graduate and TA. For your writing, reading, learning strategies and public speaking needs, please make an appointment online at

http://moodle.tacoma.washington.edu/signup/index.shtml or visit KEY 202. For your math needs, assistance is available on a drop-in basis, Monday to Friday, hours are posted at http://www.tacoma.washington.edu/ctlt/about_us/mathhours.cfm

SYLLABUS

The following is a general guide. Please continue to read and prepare for class according to the schedule; however, please note that all material may not be covered in a class and some material may be covered in subsequent classes.

WEEK ONE – April 8

Administration of Criminal Justice and the Role of the Paralegal Components of a Crime

Inchoate and Organized Crimes Readings:

Criminal Law and Procedure: A Systems Approach, pp. 30-48, 53-77, 191-218. Supplemental Reference Materials:

RCW 9 et. seq. (Crimes and punishments)- http://www.leg.wa.gov/RCW/

RCWA 9A et. seq. (Washington Criminal Code)- http://www.leg.wa.gov/RCW/

Optional Supplemental Reader:

May It Please The Court, 23 Live Recordings of Landmark Cases, August 1993.

Gideon v. Wainwright, pp. 183-193 WEEK TWO- April 15

Criminal Law Defenses

Criminal Law and the Juvenile- Capacity to commit a crime Reading:

Criminal Law and Procedure: A Systems Approach, pp. 227-264. Supplemental Reference Materials;

RCWA 9A.16 et. seq. (Defenses in Washington Criminal Code)- http://www.leg.wa.gov/RCW/

Criminal Law Assignment will be handed out. Due on April 22, 2015. WEEK THREE- April 22

Search and Seizure: The guarantee against unreasonable searches and seizures; confessions, pre-trial identification procedures, and the right to remain silent

Reading:

Criminal Law and Procedure: A Systems Approach, pp. 319-353, 359-390, 393-426. Optional Supplemental Reader:

May It Please The Court, 23 Live Recordings of Landmark Cases

Terry v. Ohio, pp. 199-208

Miranda v. Arizona, pp. 213-222

Criminal Law Assignment will be handed out. Due on April 30, 2015. WEEK FOUR- April 29

Initial Appearance to Pre-trial Reading:

Supplemental Reference Materials:

Criminal Law and Procedure: A Systems Approach, pp. 269-290. RCW 10 et. seq.

Criminal Procedure – http://www.leg.wa.gov/RCW

Guest Speaker

WEEK FIVE- May 6

Criminal Procedure: Trial and the Paralegal

Trial; Rights; Procedure and Tasks; Sentencing; Punishment and Review Readings:

Criminal Law and Procedure: A Systems Approach, pp. 507-536, 543-577. CRIMINAL LAW FINAL EXAM- TAKE HOME- Due on May 13, 2015. WEEK SIX – May 13

Indian Law: Washington Indian Tribes; the concept of tribal sovereignty; tribal courts; tribal court jurisdiction; trust doctrine; Bureau of Indian Affairs; trust doctrine and natural resources on Indian Lands; Indian gaming.

Reading: Chapter 1; Chapter 3; Chapter 4; Chapter 5 (pp. 76-80, 93-99); Chapter 7 (pp. 138-148, 153-169, 188-199, 204-221, 236-242, 250-252); Chapter 9 (pp. 286-315), Chapter 10 (pp. 332-333, 337-346); Chapter 11 (pp. 373-398)

Guest Speaker

WEEK SEVEN – May 20

Employment Law: Overview of employment law, at-will employment, employment torts, privacy issues, wage and hour law, unemployment, safety.

Reading: Chapter 1, pp. 1-36; Chapter 2, pp. 37-50, 65-78; Chapter 3, pp. 112-134, 198-218; Chapter 6, pp. 372-396; Chapter 7, pp. 451-459.

Assignment for Employment Law will be handed out, due on May 27, 2015. WEEK EIGHT – May 27

Employment Law: Federal and state discrimination law Reading: Chapter 4, pp. 219-278, 280-282.

Immigration Law: Basic immigration laws; governmental agencies covering immigration issues, persons who are not eligible to receive a visa; types of visas; Immigration visas (family-based, employment-based, Diversity Lottery, battered spouses and children); Non-Immigrant visas (diplomats, tourists, students, business, temporary workers); Green Cards; U.S. Citizenship; Deportation/Removal Process; Asylum/Refugees.

Reading: Chapter 1, Chapter 2 (pp.96-108), Chapter 3, Chapter 4 (pp. 127-128), Chapter 5, Chapter 6 (pp. 182-226), Chapter 7 (pp. 228-235), Chapter 8 (pp. 252-277, 278-288, 290-292), Chapter 9 (pp. 293-295, 307-308, 316-326, 332-

Assignment for Immigration Law will be handed out. It is due on June 3, 2015. WEEK NINE – June 3

Finish Immigration Law and begin Elder Law

Immigration Law: Basic immigration laws; governmental agencies covering immigration issues, persons who are not eligible to receive a visa; types of visas; Immigration visas (family-based, employment-based, Diversity Lottery, battered spouses and children); Non-Immigrant visas (diplomats, tourists, students, business, temporary workers); Green Cards; U.S. Citizenship; Deportation/Removal Process; Asylum/Refugees.

Reading: Chapter 1, Chapter 2 (pp.96-108), Chapter 3, Chapter 4 (pp. 127-128), Chapter 5, Chapter 6 (pp. 182-226), Chapter 7 (pp. 228-235), Chapter 8 (pp. 252-277, 278-288, 290-292), Chapter 9 (pp. 293-295, 307-308, 316-326, 332-337, 342-349), Chapter 10 (pp. 366-390), Chapter 12 (pp. 449-464, 470-474, 502-508)

Begin Elder Law

FINAL EXAM to be handed out. It is due on June 10, 2015.

You must complete the reading for Elder Law in order to take the final exam. WEEK TEN – June 10

Elder Law: Estate planning; powers of attorney, guardianships, Medicare/Medicaid, RCW 70.245, nursing homes/ assisted living, elder abuse

Reading: Chapter 1, Chapter 2, Chapter 3, Chapter 4 (pp. 57-88, 98-100), Chapter 5 (pp. 111-120), Chapter 7, Chapter 9, Chapter 10.