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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


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.



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

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

    Indian Law

    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

    and Estates

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

    5. To understand basic terminology, legal issues and processes related to Insurance



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

    Publishing, 2005.

     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.



    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 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.


    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 or visit KEY 202. For your

    math needs, assistance is available on a drop-in basis, Monday to Friday, hours are posted at


    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)-

    RCWA 9A et. seq. (Washington Criminal Code)-

Supplemental Reader:

    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

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

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

    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


    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,


Guest Speaker

    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.

Guest Speaker

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)


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