UWT PARALEGAL CERTIFICATION PROGRAM
Legal issues II
6:00 PM – 9:00 PM, Wednesdays
Spring 2009, April 1 – June 3, 2009 Instructor: Naomi Berkowitz
Contact hours: Mon. – Fri. 6:30 PM – 8:00 PM telephone or by appointment
Office phone: 253-851-5650
Class meetings: 6:00 PM – 9:00 PM, Wednesdays Prerequisites: Paralegal Studies first and second term courses
Requirements: E-mail access; on-line personal computer to access Westlaw or
Survey of case law and practice in non-commercial areas of law
Criminal Law and Procedure and Juvenile Justice, Indian Law, Immigration Law, Trusts
& Estates, Elder law, Insurance 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
8. To identify the sources of various misdemeanor, felony, and federal criminal law.
Criminal Law- 5 weeks
1. Inchoate and Organized crime
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
Other Legal Topics- 5 weeks
1. Indian Law
2. Immigration Law
3. Trusts and Estates
4. Elder Law
5. Insurance Law
1. To understand basic legal issues, governing law, and court processes related to
2. To understand basic terminology, legal issues, and processes related to
Immigration Law 3. To understand basic terminology, documents, and legal processes related to Trusts
4. To understand basic terminology and legal issues related to Elder Law
5. To understand basic terminology, legal issues and processes related to Insurance
OTHERCOURSE TOPICS- 5 weeks
All reading assignments for each class must be completed before the class on that
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 homework 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: The final will be a take home exam due on the last night of class.
Assigned readings are detailed in the syllabus. Please read assigned reading prior to
? Criminal Law and Procedure: A Systems Approach, James W.H. McCord and
Sandra L. McCord, Third Edition.
? Washington State Court Rules, State and Local
th? Canby’s American Indian Law in a Nutshell, 4 Edition (Nutshell Series),
William C. Canby, Jr., West Thomson Publishing, 2004.
th? Weissbrodt’s and Danielson’s Immigration Law and Procedure in a Nutshell, 5
Edition(Nutshell Series), David Wesissbrodt and Laura Danielson, West Thomson
rd? Mennell and Burr’s Wills and Trusts in a Nutshell, 3 Edition, Robert L. Mennell
and Sheri L. Burr, West Thomson Publishing, 2008.
th? Frolik and Kaplan’s Elder Law in a Nutshell, 4 Edition (Nutshell Series),
Lawrence A. Frolik and Richard L. Kaplan, West Thomson Publishing, 2006.
th? Dobbyn’s Insurance Law in a Nutshell, 4 Edition (Nutshell Series), John F.
Dobbyn, West Thomson Publishing, 2004.
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:
Assignment # 1 Criminal law written assignment 25%
Assignment #2 Criminal law Q&A 25%
Final Exam Exam of course 50%
Other Legal Topics:
Final Exam: 100%
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
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 1
Administration of Criminal Justice and the Role of the Paralegal
Components of a Crime
Inchoate and Organized Crimes
Criminal Law and Procedure: A Systems Approach, pp. 27-46; 51-71; 185-211
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/
May It Please The Court, 23 Live Recordings of Landmark Cases, August 1993.
Gideon v. Wainwright, pp. 183-193
WEEK TWO- April 8
Criminal Law Defenses
Criminal Law and the Juvenile- Capacity to commit a crime
Criminal Law and Procedure: A Systems Approach, pp.219-250
Supplemental Reference Materials;
RCWA 9A.16 et. seq. (Defenses in Washington Criminal Code)-
WEEK THREE- April 15
Search and Seizure: The guarantee against unreasonable searches and seizures;
confessions, pre-trial identification procedures, and the right to remain silent
Criminal Law and Procedure: A Systems Approach, pp.307-357; 363-390
May It Please The Court, 23 Live Recordings of Landmark Cases
Terry v. Ohio, pp. 199-208
Miranda v. Arizona, pp. 213-222
WEEK FOUR- April 22
Initial Appearance to Pre-trial
Criminal Law and Procedure: A Systems Approach, pp.399-423; 438-458
Supplemental Reference Materials:
Criminal Law and Procedure: A Systems Approach, pp.259-277
RCW 10 et. seq.
Criminal Procedure – http://www.leg.wa.gov/RCW/
WEEK FIVE- April 29
Criminal Procedure: Trial and the Paralegal
Trial; Rights; Procedure and Tasks; Sentencing; Punishment and Review
Criminal Law and Procedure: A Systems Approach, pp. 481-505; 515-546
FINAL EXAM- TAKE HOME
WEEK SIX – May 6
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 (pp. 1-10), Chapter 3, Chapter 4, Chapter 5 (pp. 72, 87-104); Chapter
7 (pp. 124-133, 138-148, 153, 170-181, 185-198, 199, 211-217, 224-226), Chapter 9 (pp.
261-266, 267-278, 282), Chapter 10 (pp. 301-302, 306-313), Chapter 11 (pp. 336-351,
WEEK SEVEN – May 13
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.70-82), Chapter 3, Chapter 4 (pp. 97-99), Chapter 5,
Chapter 6 (pp. 148-149, 182-183), Chapter 7 (pp. 185-186), Chapter 8 (pp. 208-219, 221-
224, 2229-232, 232-237, 244-247), Chapter 9 (pp. 248-251, 262, 269-279, 285-289, 295-
302), Chapter 10 (pp. 319-341), Chapter 12 (pp. 397-411, 418-421, 449-455)
WEEK EIGHT – May 20
Wills & Trusts: Estate planning, types of wills, creation of wills, intestacy, revocation, elements of a trust, powers of trustee.
Reading: Introduction, p. 1-5; Chapter 1, Chapter 3 (pp.56-92); Chapter 4, Chapter 10 (pp.
202-227, 235-246), Chapter 11 (pp. 276-311)
WEEK NINE – May 27
Elder Law: Powers of attorney, guardianships, Medicare/Medicaid, nursing homes/ assisted living, elder abuse
Reading: Chapter 1, Chapter 2, Chapter 3, Chapter 4 (pp. 55-62, 95-98), Chapter 5 (pp.
109-118), Chapter 7, Chapter 9, Chapter 10.
Take Home Exam to be handed out. It is due on June 3, 2008
You must complete the reading for Insurance law before the June 3, 2008 class.
WEEK TEN – June 3
Insurance Law: Types of insurance, personal injury (claims and lawsuits), worker’s compensation, subrogation, indemnification, policy coverage issues, sources for
information on insurance law.
Reading: Chapter 1, Chapter 4, Chapter 5, Chapter 6, Chapter 8 (pp. 341-346), Chapter 9
(pp. 355-362), Chapter 10 (pp. 382-393), Chapter 11 (pp. 399-430)
Class Evaluations (15-20 minutes)