Paralegal Today: The Legal Team at Work 7th Edition by Roger Miller, ISBN-13: 978-1305506084
[PDF eBook eTextbook] – Available Instantly
- Publisher: Cengage Learning; 7th edition (January 1, 2016)
- Language: English
- 752 pages
- ISBN-10: 1305506081
- ISBN-13: 978-1305506084
Succeed in your course and your career as a paralegal with PARALEGAL TODAY: THE LEGAL TEAM AT WORK. This updated Seventh Edition shows you how current technology and social media tools are used in practice, while helping you develop an understanding of the laws in our society, the importance of ethical and professional responsibility, and the skills needed to thrive in today’s legal landscape. Real-world examples, practical applications, ethical dilemmas, hands-on assignments, and an entire chapter on paralegal careers (with salary information) prepare you to meet the challenges of today’s paralegal working landscape.
Table of Contents:
Cover Page
Title Page
Copyright Page
Dedication
Preface
Acknowledgments for Previous Editions
Acknowledgments for the Seventh Edition
Skill Prep: A Paralegal Skills Module
Part 1. The Paralegal Profession
Chapter 1. Today’s Professional Paralegal
What Is a Paralegal?
Definition of Paralegal
Expanding Roles
What Do Paralegals Do?
A Sampling of Paralegal Tasks
Paralegals’ Duties Vary
Paralegals and Technology
Paralegal Education
Educational Options
Paralegal Curriculum—Substantive and Procedural Law
The Role of the AAfPE and ABA in Paralegal Education
Certification
Continuing Legal Education
Paralegal Skills and Attributes
Analytical Skills
Communication Skills
Computer Skills
Organizational Skills
The Ability to Keep Information Confidential
Professionalism
The Future of the Profession
Key Terms and Concepts
Chapter Summary. Today’s Professional Paralegal
Questions for Review
Ethics Question
Practice Questions and Assignments
Group Project
Internet Projects
Chapter 2. Career Opportunities
Where Paralegals Work
Law Firms
Corporations and Other Business Organizations
Government
Legal Aid Offices
Freelance Paralegals
Paralegal Specialties
Litigation
Corporate Law
Contract Law
Real Estate Law
Personal-Injury Law
Insurance Law
Employment and Labor Law
Estate Planning and Probate Administration
Bankruptcy Law
Intellectual Property Law
Environmental Law
Family Law
Criminal Law
Additional Specialty Areas
Paralegal Compensation
Compensation Surveys
Job Benefits
Salaries versus Hourly Wages
Planning Your Career
Defining Your Long-Term Goals
Short-Term Goals and Job Realities
Locating Potential Employers
Networking
Finding Available Jobs
Job-Placement Services
Marketing Your Skills
The Application Process
The Interview
The Follow-Up/Thank-You Letter
Job-Hunting Files
Salary Negotiations
Career Development
Using Social Media Effectively
Digital Shadow
Social Media Skills Increase Your Value to Employers
Key Terms and Concepts
Chapter Summary. Career Opportunities
Questions for Review
Ethics Question
Practice Questions and Assignments
Group Project
Internet Projects
Chapter 3. The Inner Workings of the Law Office
The Organizational Structure of Law Firms
Sole Proprietorships
Partnerships
Professional Corporations
Law Office Management and Personnel
Professionalism and Courtesy
Variety of Support Staff
Employment Policies
Performance Evaluations
Employment Termination
Filing Procedures
Client Files
Work Product Files and Reference Materials
Forms Files
Law Firms and Financial Procedures
Tiers of Firms
Fee Arrangements
Client Trust Accounts
Billing and Timekeeping Procedures
Ethics and Client Billing Practices
Communications and Social Media Tools
Traditional Communications
Communication by Social Media
Law Office Culture and Politics
Formality versus Reality
Issues in Office Culture
Key Terms and Concepts
Chapter Summary. The Inner Workings of the Law Office
Questions for Review
Ethics Questions
Practice Questions and Assignments
Group Project
Internet Projects
Chapter 4. Ethics and Professional Responsibility
The Regulation of Attorneys
Who Are the Regulators?
Licensing Requirements
Ethical Codes and Rules
Sanctions for Violations
Attorney Ethics and Paralegal Practice
The Duty of Competence
Confidentiality of Information
Confidentiality and the Attorney-Client Privilege
Conflict of Interest
The Indirect Regulation of Paralegals
Paralegal Ethical Codes
Guidelines for the Utilization of Paralegals
The Increasing Scope of Paralegal Responsibilities
The Unauthorized Practice of Law
State UPL Statutes
The Prohibition against Fee Splitting
Giving Legal Opinions and Advice
Representing Clients in Court
Disclosure of Paralegal Status
Paralegals Freelancing for Attorneys
Legal Technicians (Independent Paralegals) and UPL
Should Paralegals Be Licensed?
General Licensing
Paralegal Registration
Education and Certification
Direct Regulation—The Pros and Cons
Other Considerations
The Ethical Paralegal
Key Terms and Concepts
Chapter Summary. Ethics and Professional Responsibility
Questions for Review
Ethics Questions
Practice Questions and Assignments
Group Project
Internet Projects
Chapter 5. Sources of American Law
The Framework of American Law
What Is the Law?
Primary Sources of American Law
Case Law and the Common Law Tradition
The Doctrine of Stare Decisis
Remedies at Law versus Remedies in Equity
The Common Law Today
The Terminology of Case Law
The Adversarial System of Justice
Constitutional Law
The Federal Constitution
State Constitutions
Statutory Law
Federal Statutes
State Statutes
Uniform Laws
Administrative Law
Agency Creation
Rulemaking
Investigation and Enforcement
Adjudication
National and International Law
National Law
International Law
Key Terms and Concepts
Chapter Summary. Sources of American Law
Questions for Review
Ethics Question
Practice Questions and Assignments
Group Project
Internet Project
Chapter 6. The Court System and Alternative Dispute Resolution
Judicial Requirements
Standing to Sue
Types of Jurisdiction
Jurisdiction of the Federal Courts
Jurisdiction in Cyberspace
Venue
Judicial Procedures
State Court Systems
Trial Courts
Appellate, or Reviewing, Courts
The Federal Court System
U.S. District Courts
U.S. Courts of Appeals
The United States Supreme Court
Alternative Dispute Resolution
Negotiation
Mediation
Arbitration
Other ADR Forms
Collaborative Law
Court-Referred ADR
Providers of ADR Services
Online Dispute Resolution
Key Terms and Concepts
Chapter Summary. The Court System and Alternative Dispute Resolution
Questions for Review
Ethics Question
Practice Questions and Assignments
Group Project
Internet Project
Part 2. Legal Procedures and Paralegal Skills
Chapter 7. Legal Research and Analysis
Researching Case Law—The Preliminary Steps
Defining the Issue
Determining Your Research Goals
Finding Relevant Cases
Legal Encyclopedias
Case Digests
Annotations: American Law Reports
Other Secondary Sources
The Case Reporting System
State Court Decisions and Reporters
Federal Court Decisions
United States Supreme Court Decisions
Analyzing Case Law
The Components of a Case
Analyzing Cases
Summarizing and Briefing Cases
IRAC: A Method for Briefing Cases
Researching Constitutional and Statutory Law
Finding Constitutional Law
Finding Statutory Law
Analyzing Statutory Law
Two Steps in Statutory Analysis
Previous Judicial Interpretation
Legislative Intent
Researching Administrative Law
Key Terms and Concepts
Chapter Summary. Legal Research and Analysis
Questions for Review
Ethics Question
Practice Questions and Assignments
Group Project
Internet Projects
Chapter 8. Online Legal Research
Free Legal Resources on the Internet
General Legal Resources
Specific Legal Resources
Federal Law Starting Points
Lexis and Westlaw
Accessing Westlaw or Lexis
Conducting a Search
Checking Citations
Shepard’s Citations
Selecting Databases
Search Methods
Searching within Results
Is Lexis or Westlaw Better?
Alternative Legal Research Sources
Bloomberg Law
PACER
Fastcase
Loislaw
Casemaker
VersusLaw
Conducting Online Research
Plan Ahead—Analyze the Facts and Identify the Issues
Online Research Strategies
Evaluating What You Find
Updating Your Results
Locating People and Investigating Companies
Key Terms and Concepts
Chapter Summary. Online Legal Research
Questions for Review
Ethics Question
Practice Questions and Assignments
Group Project
Internet Projects
Chapter 9. Legal Writing: Form and Substance
Receiving a Writing Assignment
Understanding the Assignment
Time Constraints and Flexibility
Writing Approaches
Writing Well
Tools for Writers
Choice of Format
Write for Your Reader
Outline the Material
Organize the Material Logically
Write Effective Sentences
Edit and Proofread Your Document
Take Advantage of Research and Writing Tools
Pleadings, Discovery, and Motions
General Legal Correspondence
General Format for Legal Correspondence
Types of Legal Letters
The Legal Memorandum
Format
The Heart of the Memorandum
IRAC
Key Terms and Concepts
Chapter Summary. Legal Writing: Form and Substance
Questions for Review
Ethics Question
Practice Questions and Assignments
Group Project
Internet Projects
Chapter 10. Civil Litigation: Before the Trial
Civil Litigation—A Bird’s-Eye View
Pretrial Settlements
Procedural Requirements
A Hypothetical Lawsuit
The Preliminaries
The Initial Client Interview
Preliminary Investigation
Creating the Litigation File
The Pleadings
Drafting the Complaint
Filing the Complaint
Service of Process
The Defendant’s Response
The Scheduling Conference
Traditional Discovery Tools
Purpose of Discovery
Interrogatories
Depositions
Requests for Production and Physical Examination
Requests for Admission
The Duty to Disclose under FRCP 26
Initial Disclosures
Failure to Disclose
Discovery Plan
Subsequent Disclosures
Discovery of Electronic Evidence
The Advantages of Electronic Evidence
The Sources of Electronic Evidence
The Special Requirements of Electronic Evidence
Maintenance of Electronic Records
Do Not Keep What Is Not Needed
Cost and Risk Controls
Pretrial Motions
Summary Judgment
Considerations by the Court
Key Terms and Concepts
Chapter Summary. Civil Litigation: Before the Trial
Questions for Review
Ethics Question
Practice Questions and Assignments
Group Project
Internet Projects
Chapter 11. Conducting Interviews and Investigations
Planning the Interview
Know What Information You Want
Standardized Interview Forms
Recording the Interview
Interviewing Skills
Interpersonal Skills
Questioning Skills
Listening Skills
Interviewing Clients
The Initial Client Interview
Subsequent Client Interviews
The Informational Interview
Summarizing the Interview
Interviewing Witnesses
Types of Witnesses
Questioning Witnesses
Checking a Witness’s Qualifications
Winding Up the Interview
Witness Statements
Planning and Conducting Investigations
Where Do You Start?
Creating an Investigation Plan
Locating Witnesses
Accessing Government Information
Investigation and the Rules of Evidence
Summarizing Your Results
Key Terms and Concepts
Chapter Summary. Conducting Interviews and Investigations
Questions for Review
Ethics Question
Practice Questions and Assignments
Group Project
Internet Projects
Chapter 12. Trial Procedures
Preparing for Trial
Contacting and Preparing Witnesses
Exhibits and Displays
The Trial Notebook
Pretrial Conference
Jury Selection
Voir Dire
Jury Selection Experts and Tools
Challenges during Voir Dire
The Paralegal’s Role during Voir Dire
Alternate Jurors
The Trial
The Paralegal’s Duties
Opening Statements
The Plaintiff’s Case
Motion for a Directed Verdict
The Defendant’s Case
Closing Arguments
Jury Instructions
The Verdict
Posttrial Motions and Procedures
Motions after the Trial
Appealing the Verdict
Enforcing the Judgment
Judgment Creditor
Social Media Tools at Work
Key Terms and Concepts
Chapter Summary. Trial Procedures
Questions for Review
Ethics Question
Practice Questions and Assignments
Group Project
Internet Project
Chapter 13. Criminal Law and Procedures
Defining Crime
Key Differences between Civil Law and Criminal Law
Civil Liability for Criminal Acts
Classifications of Crimes
Jurisdiction over Crimes
Elements of Criminal Liability
The Criminal Act
State of Mind
Corporate Criminal Liability
Defenses to Criminal Liability
Types of Crimes
Violent Crime
Property Crime
Public Order Crime
White-Collar Crime
Organized Crime
Cyber Crimes
Cyber Theft
Cyberstalking
Hacking
Prosecuting Cyber Crimes
Social Media and Criminal Justice
Use of Social Media
Proper Evidence
Constitutional Safeguards
Safeguards in the Bill of Rights
The Exclusionary Rule
The Miranda Rule
Criminal Procedures Prior to Prosecution
Arrest and Booking
Investigation after the Arrest
The Prosecution Begins
Prosecutorial Discretion
Complaint and Initial Appearance
Preliminary Hearing
Grand Jury Review
Arraignment
Pretrial Motions
Discovery
The Trial
The Presumption of Innocence
The Privilege against Self-Incrimination
The Right to a Speedy Trial
The Requirement for a Unanimous Verdict
Sentencing
Diversion
Appeal
Key Terms and Concepts
Chapter Summary. Criminal Law and Procedures
Questions for Review
Ethics Question
Practice Questions and Assignments
Group Project
Internet projects
Part 3. Key Elements of the Law
Chapter 14. Tort Law, Product Liability, and Consumer Law
The Basis of Tort Law
Intentional Torts
Intentional Torts against Persons
Intentional Torts against Property
Negligence
The Duty of Care and Its Breach
The Injury Requirement and Damages
Causation
Defenses to Negligence
Special Negligence Doctrines and Statutes
Cyber Torts: Defamation Online
Liability of Internet Service Providers
Piercing the Veil of Anonymity
Strict Liability
Product Liability
Theories of Product Liability
Defenses to Product Liability
Consumer Law
Deceptive Sales Practices
Deceptive Advertising
Labeling and Packaging Laws
Sales Transactions
Consumer Health and Safety
Consumer Credit Protection
Key Terms and Concepts
Chapter Summary. Tort Law, Product Liability, and Consumer Law
Questions for Review
Ethics Question
Practice Questions and Assignments
Group Project
Internet Projects
Chapter 15. Contracts and Intellectual Property Law
Requirements to Form a Valid Contract
Bilateral and Unilateral Contracts
Contract Validity
Agreement
Consideration
Contractual Capacity
Legality
Defenses to Contract Enforceability
Genuineness of Assent
Unconscionable Contracts
The Statute of Frauds
Sales Contracts and Warranties
The Scope of UCC Article 2
Warranties under the UCC
Contract Performance and Remedies
Contract Performance
Contract Remedies
Remedies for Breach of Sales Contracts
Online Contracting and Electronic Signatures
Online Offers and Acceptances
E-Signatures
Intellectual Property Law
Growing Value of Intellectual Property
Patents
Copyrights
Trademarks and Related Property
Trade Secrets
Key Terms and Concepts
Chapter Summary. Contracts and Intellectual Property Law
Questions for Review
Ethics Question
Practice Questions and Assignments
Group Project
Internet Projects
Chapter 16. Real Property and Insurance Law
Real Property
Ownership Rights in Property
The Transfer and Sale of Real Property
Leases
Commercial Leases
Property Law and the Paralegal
Insurance Law
Classifications of Insurance
Insurance Terminology
Insurable Interest
The Insurance Contract
Self-Insurance
Captive Insurance
The Paralegal and Insurance
Key Terms and Concepts
Chapter Summary. Real Property and Insurance Law
Questions for Review
Ethics Question
Practice Questions and Assignments
Group Project
Internet Projects
Chapter 17. Family Law and Estates
Family Law
Marriage Requirements
Common Law Marriages
Marital Duties
Parental Rights and Obligations
Adoption
Marriage Termination
Child Custody
Child Support
Spousal Support
Property Division
Prenuptial Agreements
Family Law and the Paralegal
Wills, Trusts, and Estates
Wills
Trusts
Other Estate-Planning Devices
Estate Administration
Wills, Trusts, and Estates and the Paralegal
Key Terms and Concepts
Chapter Summary. Family Law and Estates
Questions for Review
Ethics Questions
Practice Questions and Assignments
Group Project
Internet Projects
Chapter 18. Business Organizations and Employment Law
Forms of Business Organization
Sole Proprietorships
Partnerships
Corporations
Limited Liability Organizations
The Paralegal and Business Organizations
Agency Law
Employees and Independent Contractors
Agency Formation
Fiduciary Duties
Agency Relationships and Third Parties
Employment Law
Employment at Will
Restrictive Covenants
Wrongful Discharge
Wage Laws
Family and Medical Leave
State Workers’ Compensation Laws
Employment Discrimination
Employment Law and the Paralegal
Key Terms and Concepts
Chapter Summary. Business Organizations and Employment Law
Questions for Review
Ethics Question
Practice Questions and Assignments
Group Project
Internet Projects
Chapter 19. Bankruptcy and Environmental Law
The Bankruptcy Code
Goals of Bankruptcy Law
Bankruptcy Courts
Types of Bankruptcy Relief
Liquidation Proceedings
Voluntary Bankruptcy
Involuntary Bankruptcy
Automatic Stay
Bankruptcy Estate
Creditors’ Meeting
Creditors’ Claims
Exemptions
The Homestead Exemption
The Bankruptcy Trustee
Distribution of Property
Discharge
Individual Repayment Plans
Filing the Petition
Filing the Plan
Confirmation of the Plan
Objections to the Plan
Modification of the Plan
Discharge
Reorganizations
Workouts
Best Interests of the Creditors
Debtor in Possession
Creditors’ Committees
The Reorganization Plan
Bankruptcy Law and the Paralegal
Environmental Law
Federal Regulation of the Environment
Air Pollution
Water Pollution
Wetlands
Toxic Chemicals
Paralegals in the Practice of Environmental Law
Looking Ahead
Key Terms and Concepts
Chapter Summary. Bankruptcy and Environmental Law
Questions for Review
Ethics Question
Practice Questions and Assignments
Group Project
Internet Projects
Appendix A. NALA’s Code of Ethics and Professional Responsibility
Appendix B. NALA’s Model Standards and Guidelines for Utilization of Paralegals
Appendix C. NFPA’s Model Code of Ethics and Professional Responsibility and Guidelines for Enforcement
Appendix D. NALS Code of Ethics and Professional Responsibility
Appendix E. Paralegal Associations
Appendix F. Information on NALA’s CP Program
Appendix G. Information on NFPA’s PCCE™ and PACE® Examinations
Appendix H. Information on NALS Certification
Appendix I. The Constitution of the United States
Appendix J. Spanish Equivalents for Important Legal Terms in English
Roger LeRoy Miller, Ph.D., has served on the faculty of several universities, including the University of Washington, Clemson University and the University of Miami School of Law. As a professor, he has taught intellectual property law and entertainment law, among other subjects. A widely published and respected author, his work has appeared in the Insurance Counsel Journal, Defense Research, California Trial Lawyers Journal, Antitrust Bulletin, Wisconsin Law Review and Connecticut Law Review. He has authored or co-authored numerous authoritative textbooks on law, including BUSINESS LAW: TEXT & CASES; BUSINESS LAW TODAY: TEXT & SUMMARIZED CASES and THE LEGAL ENVIRONMENT TODAY. Professor Miller completed his studies at the University of California at Berkeley and University of Chicago.
Mary Meinzinger is the paralegal program chair at Madonna University. She is highly respected and is an active member of AAfPE.
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