STATUTORY LAW ESTABLISHES THREE BRANCHES OF GOVN
FALSE
FEDERALISM MEANS THAT THE AUTHROITY GOVERN RESIDES WITH
THE STATES FALSE
COMMON LAW IS DERIVED FROM JUDICIAL DECISIONS
TRUE
LEGISLATORS DELGATE SPECIDIC POWERS TO AN
ADMINISTRATIVEAGENCY THROUGH AN ACTING ACT
TRUE
THE BILL OF RIGHTS CONSISTS OF THE FIRST 10 AMENDMENTS IN
THE FEDERAL US CONSTUITION
TRUE
ADMINISTRATIVE REGUSLATIVE ARE A SOURCE OF A LAW
TRUE
IN ORDER TO WORK AS A PARALEGAL AN INDUVIDIAL MUST PASS
SPECIALIZED EXAM ADMINSTERED BY A PARALEGAL PROFESSIONAL
ORGANZIATION
FALSE
PROCEDURAL LAW-GUIDES US ON HOW CJ SYSTEM WORKS
SUSTABANTIVE LAW- LAW DEFINES WHICH ACTIONS ARE
PROHIBITED
SUSTABANTIVE LAW- REVISED STATUES AND CIVIL CODE
CODE OF CRIMINAL PROCEDURE-HOW PROSECUTE CASE
ABA- SET FORTH EDU FOR LAW & PARALEGAL BY MODEL OF PROFF
CONDUCT
4 STEPS OF LEGAL ANALYSIS- GATHER ANALYZE FACTS
IDENTIFY LEGAL RULE
APPLY LEGAL TO FACTS
REPORT THE RULES
LEVELS OF REGULATION- REGISTRATION – CERTIFICATION-
LICENSURE
REGISTRATION- INDV OR ORGANIZATION NAMES ON OFFC LIST BY
PRIVATE ORGINZATION OR GOVN AGENCY
CERTIFIED- FORMALLY RECOGNIZED BY GOVN OR NON MEETING
SPECIAL CRITERIA
CERTIFICATED- RECEIVED CERT SUCCESS COMPLETE EDU PROGRAM
LICENSURE- GOVN AGENCIES SET STANDARDS AND PROHIBIT WHO
NOT MET STANDARDS IN FIELD
LEGAL REASONING/LEGAL ANALYSIS- APP OF LEGAL RULES TO
CLIENT SPECEFIC FACTUAL SITUATION
Statutory Law is law enacted by a state legislature or
by Congress.
Administrative law is comprised of rules and
regulations created by administrative agencies.
Administrative law can be found at both the state and
federal level.
REGULATION- LAW PROGUMLATED BY ADMIN
ENABLING ACT- STATUE ESTABLISHING AND SETTING OUT POWERS
OF ADMIN AGENCY
Stare Decisis mandates that courts maintain consistency by
upholding previous decisions on a particular issue within the same
jurisdiction, unless persuaded when faced with similar facts in
future cases.
Judicial Interpretation
Courts interpret:
• Constitutions
• Laws created by legislature and the
• Common law
Critical Thinking Skills Paralegals Need & FOUR STEPS LEGAL ANALYSIS
•gathering and analyzing facts;
•conducting legal research to identify the
appropriate legal rules;
•applying the rules to the facts; and
•acting on the results.
Functions of the U.S. Constitution •
Establish the Organization of Government
• Federal Government: 3 Branches (Separation of Powers; Checks and Balances) •
Legislative (Article I)
• Executive (Article II)
• Judicial (Article III) •
Division of Power between the Federal and State Governments: Federalism
(10thAmendment)
• Protect Individual Rights from Governmental Overreaching (Bill of Rights) (c
POWER OF JUDICIAL VIEW-COURT POWER DECIDE IF CONFORM FED OR
STATE CONST
A regulation is a law promulgated by an administrative agency.
An enabling act is a statute establishing and setting out the powers of an administrative
agency.
LAY ADVOCATE-OPERATING W/I LAW REPERSENTING PERSON B4 ADMIN
AGENCIES PERMIT THE PRATICE
• ABA approved educational programs must meet a formal set of educational standards
•
• American Association for Paralegal Education (AAfPE) requires member programs to be
in “substantial compliance” with ABA standards
•
• PARALEGAL PROFESSION ASSOCIATIONS0-
• National Federation of Paralegal Associations (NFPA)
• NALA: The Paralegal Association (NALA)
International Paralegal Management Association (IPMA
• LEGAL ANALYSIS-
• Gather and analyze the facts
Identify the legal rule
Apply the legal rules to the facts
• Report the results
1. Paralegal: qualified by training or experience, employed by law office, supports
attorney.
2. Differences from paralegals: limited tasks, no lawyer supervision, varied training.
3. Attorney vs. paralegal: Bar exam, JD for attorney; degree/certificate, experience for
paralegal.
4. ABA role: approves education programs for paralegal standards.
5. National associations: NALA, NFPA.
6. Certification vs. licensure: standards, exam for certification; government granted for
licensure.
7. Title use: Certified Legal Assistant after meeting criteria, passing exam.
