Each part must be a minimum of 250 words. W1: The United States court system is like a series of huge, overlapping webs. Your reading gives you some information about the different levels and kinds

Each part must be a minimum of 250 words.

W1: The United States court system is like a series of huge, overlapping webs. Your reading gives you some information about the different levels and kinds of court. Sometimes figuring this out can be messy.  

To help you with that, this week we are going to dip our feet into the world of the law by using a great research tool, Nexis Uni, to find a case or article.  We will also try out the Bluebook citation format.  

Nexis Uni can be found in the APUS Library in the databases.  You should not have to log in.

There are links and other information about the Bluebook in this week's Content area.  Here is a popular website for getting help with citations: https://www.law.cornell.edu/citation/  Two important things to remember about Bluebook: (a) identify authors by first name then last name, and (b) every citation needs a date.  Also, please know that Bluebook doesn't use "nd".  

This week, I would like you to use Nexis Uni to find a case or article about a legal issue involving an animal.  In your posting, you should tell us about it accurately, and cite your source/s in Bluebook format.  (If you are already a whiz at this stuff, feel free to use footnotes.  Otherwise, just put the citation at the end of your post.)

Here are some things to think about and share with the class: What new legal terms did you learn as you did this work? Did they make sense to you within the context of the case or article that you found?  How many perspectives were represented within the case or article; what are they (including the best needs of society itself)? What kind of law is used: criminal or civil?  Is this a state or federal case?  Where is it within the structure of the American legal system?  What courts have already heard this case and where might it go next?  Do you agree with the outcome?  Do you think that a law need to change as a result of what you learned? Why?  

w2: This week, we are going to practice finding and understanding a Constitutional law case. Constitutional law is a very big area of law.  However, depending on the legal practice area in which you might work, it's possible that you might never see a Constitutional issue.  Criminal law often deals with the Fourth Amendment, and there's a lot of Fourteenth Amendment work in the Administrative Law field (and even in purely legal areas, like Family Law).

Using Nexis Uni or www.oyez.org, find a US Supreme Court case that involves the Fourth Amendment. Give us the case citation, then summarize the case accurately and tell us what the Court decided. Do you agree with the decision? Why or why not?  How might your own personal or cultural background affect the way that you feel about this case?  How do you think that the Court's decision in your selected case may impact future legal cases?

Consider also these questions:

What new legal terms did you learn as you read this case? Did they make sense to you within the case's context?  How many perspectives were represented within the case; what are they (including the best needs of society itself)? Did the case originate in state or federal court?  

If your case was remanded, what does that mean exactly?  How can you find out what the final result was when the case went back for more proceedings?

How can you find out if your case is still good law, or whether it was overruled by another case?

How can you find cases that CITE your case?

These last three questions are especially important when you are asked to perform legal research to find relevant, updated caselaw.  Nexis Uni makes it relatively easy to answer some of these questions.

W3: This week, we will be discussing the role of the paralegal in the law office, specifically during trial preparation. So you can see part of the wide range of activities that a paralegal might perform.

Here is one article, from among many, that discusses trial preparation and how the paralegal helps: Trial Preparation

Part 1.  Please read this article, then find one of your own. Tell us about your article and why you agree or disagree with its discussion of the paralegal's role in trial preparation.

Part 2.  Paralegals and other legal professionals are employed in many different environments.  In some states, there are specific educational or licensing requirements for paralegals.  Look up the requirements for your state and post them here.  If you can join a paralegal organization in your state, have you already done so?    

Part 3.  The American Bar Association (ABA) has a Standing Committee on Paralegals, and it does a LOT.  Check out the site and let us know what you found interesting.  What do you think about the move in some states to let paralegals do more without attorney supervision?  In Utah, for example, there is what they call a Licensed Paralegal Practitioner who can do more than a paralegal but less than an attorney.  Use your computer to do some independent research; does your state have something like this currently -- or expecting to have it soon?  Why or why not?  Either way, do you think that cultural or other perspectives within your state have influenced its current stance on this subject?  

Do you think that expansion of paralegal roles could improve the ability of certain underserved populations to access legal help when they need it, or could it cause more harm than already exists?  Why do you think that there are different approaches to this throughout the US?  Please share any resources that back up your personal thoughts about this.

w4: Family Law is one of the busiest areas of the law.  This field has a lot of jobs for paralegals and other kinds of legal professionals.  This week, we are going to discuss some general family law principles, while keeping in mind how paralegals work in this area.

First, please read this case: Troxel v. Granville, 530 US 57 (2000).

Now answer the following questions: What did you think of the case?  Do you agree with the results? What rights SHOULD grandparents have?  

How might your own personal or cultural background affect the way that you feel about this case?  What new legal terms did you learn as you read this case? Did they make sense to you within the case's context?  How many perspectives were represented within the case; what are they (including the best needs of the child and/or society itself)?  

Second, here's a real-life kind of scenario:

Sally comes into your office and you do the potential client interview with your supervisory attorney.  Sally's husband Mike died unexpectedly a month ago and they have three children under 8 years of age.  Mike's parents, Bill and Linda, live about an hour away and saw the kids maybe once a month before Mike died.  Three years ago, Sally asked Linda not to feed the kids cookies right before dinner and in response, Linda and Bill threatened to "sue" Sally and Mike for custody of the kids.  Since Mike died, Bill and Linda have been randomly showing up at the house every week or so, wanting to see the kids.  Sally is terrified that they will actually try to take her kids; even if they are not successful, it will cost Sally a lot of money and even more heartache.  

You are in your own state.  The lawyer for whom you work has asked you to draft a quick note (in your initial post here) about: (a) what the relevant state law is and how you think things would go if Bill and Linda filed for full custody, and (b) how things might go if they filed to request more visitation.  What would you advise Sally?

w5: This week, we will briefly discuss criminal law.  You will go over criminal law in more depth in later classes, so for now, let's look at some common scenarios that lawyers and paralegals all over the country face daily.

1.  Jim comes into your office and meets with you and your supervisory lawyer.  He is 24 years old and was stopped at a DUI checkpoint last week, where his breath measured .16.

2.  Caroline just got a ticket for being on her cell phone while driving.  She has a court date in 2 weeks and doesn't know what she should do but she can't afford to get any more points on her record.

3.  Bruce was fighting with his girlfriend outside a bar last weekend and she ran into his hand then told the police he hit her.  

4.  Maddie came in with her daughter Elise who was caught shoplifting from Target.  She took over $100 in makeup items and is 17 years old.

5.  Kelly is a high school senior, 18, whose backpack was searched by campus security over her objections.  She was told it was a "random search" but she doesn't know anyone else who was searched.  She had a vape pen in her backpack.

In your state, what laws were potentially broken by these people?  How do you know?  What do you think are the criminal elements, and what evidence supports your decision?  What would you do to start to prepare if your law firm took their cases?  What additional information do you need before making a plan?  What are your thoughts on the probable outcome, and best-case outcome, for each one?  (Choose one or more - you don't have to address all of them unless you want to!)

W6: Find a negligence case somehow involving food. Tell us about it - who won? Why? What was the negligence analysis?

For example, there are many cases in which restaurant customers found shells or even pearls in their shellfish that was supposed to not contain pieces of shell. There are also hot coffee cases, weird things in cans cases, and a lot of other interesting cases.

Remember to address:

- What elements are required for a successful negligence case?  (Was any of these new terms or concepts for you?  Did they make sense to you?)

- Does the case you found meet each of these requirements or not?

- What kind of business structure did the restaurant or food supplier have (e.g., partnership, corporation)?

• Do you think that the restaurant's (or food supplier's) business structure affected (in good or bad ways) how the restaurant dealt with the legal challenges raised in the case that you found?  How?
• Do you think that the restaurant's business structure can be adjusted, through the law, to reduce similar future negligence cases?  How and why (or why not)?  Are there any statistics or other kinds of resources to support your concept?

W7:  This week, we are going to talk about property law. These kinds of cases can seem really boring to some people. And yes, sometimes they are. But sometimes, they are not!  For example, there is a case out there about a haunted house, another old one about dead chickens and military aircraft, and a lot of other interesting cases. 

1. Use Nexis Uni to find a case to discuss with the class on property rights.  (I will start with this case: Johnson & Graham's Lessee v. M'Intosh, 211 US 543 (1823).)  Accurately tell us about the most significant aspects of the case that you selected.

2.  Did you learn any new legal terminology as you read your chosen case?  How many different perspectives were presented within that case? 

3.  Now, let's talk about this: A potential client, Jim, comes to your office and says he wants to sell his house in your state.  A surveyor came to survey the property and discovered that the neighbor's driveway actually is 10 feet over the property line onto Jim's property.  Jim moved into this house in 1998 and his neighbor was already there when he moved in. 

- What might you tell him about this legal predicament? 

- If your office accepts Jim as a client to address this problem, what kind of additional information would you want to know? What could you do, as a paralegal working in your state, to help acquire such information?

- Do you think that Jim will be to sell his house?  If so, what kind of legal solutions might be needed, if any?  

W8: Estate planning is one of those things people don't really need until they REALLY need it.  Ideally, a client would come in and have all necessary documents prepared far before his or her actual demise, but real life is messy. 

In Virginia, all divorce decrees are required to have language about death benefits. VA Code  20-111.1 covers this.

So here are your potential clients for this week.  Use either IRAC or FIRC to organize your thoughts about how best to address each of their legal problems and explain the likely outcomes for each.  Rely on your home state law (and tell us what that is), unless the scenario says otherwise.

#1  Stuart and Mindy were married for 20 years.  Stuart has an adult daughter from his first marriage, Celeste, and a minor child with Mindy, Jon.  His first wife is deceased.  Stuart died last month without a will.  What can/should Mindy do at this point and how will all of this likely play out?  

#2  Rick and Jane lived together but never married because they didn't believe in it.  Jane just suffered a serious stroke and is in the hospital in a coma.  Rick calls you because the hospital won't even let him in to see Jane.  Jane has one brother, Max, but no other living relatives.  What can Rick do, if anything, to be able to see Jane and make medical decisions for her?  Assuming that Jane dies, what will happen to: (a) the house that is owned only in her name, (b) her car which is only in her name, and (c) all her other assets?

#3  Sally and Joe get divorced. Three months later, Joe dies before he has changed his will or any of his beneficiary designations.  Joe's new girlfriend threatens to take Sally to court to get "her stuff".  Can you help Sally understand what could happen?

#4  Benedict has fibromyalgia and smokes marijuana to help with the pain.  He heard that Virginia is "finally" legalizing marijuana and he wants to start legally purchasing it.  What are his options, assuming he's eligible for medical marijuana?