Purdue PA106 Full Course Latest 2019 July

PA106 Legal Terminology and Transcription

Unit 1 Discussion

DQ1

Topic 1: The Job of a Paralegal

Please read the following article “About Paralegals.”

NALA. About Paralegals. Retrieved form https://www.nala.org/about-paralegals.

After reading the article, please answer all of the questions below. After answering the questions, please respond to at least one of your classmates’ posts.

Share one fact that you learned from reading this article that you did not know before.

What parts of being a legal professional are you looking the most forward to?

After reading the description and outcomes for this course, how do you see the material helping you in your future career?

DQ2

Topic 2: Technology in the Legal Profession

Respond to the following and discuss with your classmates:

What types of technology do you believe play an important role in the performance of legal professionals’ duties?

Describe your personal experience with this technology and share your experience of how you learned to use the technology.

Please respond to at least three of your classmates’ posts after answering the above questions.

 

PA106 Legal Terminology and Transcription

Unit 2 Discussion

Basic Discovery Methods

Tom and Mary Smith went to dinner at La Grande Fromage restaurant. Tom’s bad lower back (hereditary disc problems) was acting up but he did not take a pain pill before going out. He was in some pain when the couple arrived at the restaurant. He had three glasses of wine before dinner hoping it would quell the pain. Before dinner was served, he got up to use the restroom. On his way to the restroom, he slipped on a puddle of melted butter on the floor and was seriously injured. The puddle he slipped on was comprised of several wrapped individual butter pats that had simply melted into a rather large yellowish blob on the floor near the men’s room door. The butter pats had fallen off a tray that a busboy was carrying back to the kitchen while clearing a table. It is unclear how long they had been on the floor before Tom slipped on them. As soon as he dropped them, the busboy had yelled to the restaurant hostess (who saw them fall from her post at the hostess station) “That needs to be cleaned up!”

Please review the fact pattern above on the slip and fall. Pretend that you have now entered the discovery phase of the litigation process. You are representing Tom Smith. You need to find out as much information from the restaurant as possible in order to move forward with your case. Based on your knowledge of discovery methods, please:

Choose two discovery methods that you could use in this case

Give an example of what information you would hope to gain from using each method

Please respond to at least three of your classmates’ posts after answering the above questions.

 

PA106 Legal Terminology and Transcription

Unit 3 Discussion

Criminal law and Dinner

Tom and Mary Smith are having dinner at the La Grande Fromage restaurant. During dinner, Tom gets into an altercation with the waiter, arguing over the quality of the waiter’s “snail-like slow service.” When the discussion with the waiter escalates, Tom threatens to “knock the waiter’s teeth in.” He says this in a calm tone and with a slight grin but Mary and several patrons overhear it. The waiter, feeling insulted and angry, retreats to the kitchen to retrieve the food order for the couple, saying “You better speed it up in here. That table in there is understandably irritated.” He then proceeds to serve a few other customers, all the while thinking about Tom’s threat. He says to the restaurant host “I am not going to let that guy get away with this.” He then goes to his restaurant locker in the restroom and retrieves a pistol he keeps on the top shelf. He walks back into the dining room, calmly walks up behind Tom, and says “You are going to pay for your rudeness, pal.” He then fires the pistol, all the while laughing hysterically because he knows the gun is empty. Several patrons scream and an elderly woman falls unconscious, having had a heart attack from the scare. The waiter is restrained and the police are called. The waiter is arrested. Tom, who is uninjured, and Mary get a free meal from the restaurant.

Based on the above fact pattern, please locate a criminal statute from your home state that would apply to the waiter.

Explain the elements of the crime.

Apply the elements to the fact pattern.

Make sure to give the citation to the statute that you locate.

After answering the above questions, please respond to three of your classmates.

 

PA106 Legal Terminology and Transcription

Unit 4 Discussion

Affirmative Defenses

Tom and Mary Smith went to dinner at La Grande Fromage restaurant. Tom’s bad lower back (hereditary disc problems) was acting up but he did not take a pain pill before going out. He was in some pain when the couple arrived at the restaurant. He had three glasses of wine before dinner hoping it would quell the pain. Before dinner was served, he got up to use the restroom. On his way to the restroom, he slipped on a puddle of melted butter on the floor and was seriously injured. The puddle he slipped on was comprised of several wrapped individual butter pats that had simply melted into a rather large yellowish blob on the floor near the men’s room door. The butter pats had fallen off a tray that a busboy was carrying back to the kitchen while clearing a table. It is unclear how long they had been on the floor before Tom slipped on them. As soon as he dropped them, the busboy had yelled to the restaurant hostess (who saw them fall from her post at the hostess station) “That needs to be cleaned up!”

Please review the fact pattern above on the slip and fall. Pretend now that you represent the restaurant in this case. Based upon the facts as presented, what are two affirmative defenses that you might raise for your client? Explain how they would apply.

After answering the question above, please respond to three of your classmates.

 

PA106 Legal Terminology and Transcription

Unit 5 Discussion

Career Options for a Paralegal

Please the read the following article to learn more about paralegals.

Riseden, S. (2013, June 3). What kind of paralegal do you want to be? Retrieved from http://www.paralegalalliance.com/what-kind-of-paralegal-do-you-want-to-be/#ixzz3bTNknDRE.

Reflect back on your first four weeks and all the information you have learned. Also take into consideration the information provided in the article. Please answer the following questions:

What kind of paralegal do you think you want to be and why?

How do you think your paralegal education will help you in your career?

Share something that you found interesting in the article.

Please respond to at least 3 classmates.

 

PA106 Legal Terminology and Transcription

Unit 6 Discussion

Pet Trusts

Read the following article on pet trusts and pet protection agreements and answer the following questions based on your reading:

Hirchfeld, R. Ensuring continuing care for family pets: The pet protection agreement and pet trusts. Retrieved from http://www.pettrustlawyer.com/files/NassauBarNewsletter.pdf.

What is a pet trust?

What is a pet protection agreement?

Why does a will not work well as an estate planning tool for ensuring the continuing care of your pets?

Be sure to respond to three of your classmates’ posts on this topic as well.

 

PA106 Legal Terminology and Transcription

Unit 7 Discussion

Contract Terminology

Please review your terms from Unit 7 and also the Learning Activities provided. Choose one of the terms, such as breach of contract, consideration, misrepresentation, etc. and define the term in detail in your own words and provide an example of how the term applies in a scenario or in an actual case. Be sure to cite your sources.

After answering the above question, please respond to three of your classmates.

 

PA106 Legal Terminology and Transcription

Unit 8 Discussion

Alternate Methods of Addressing Family Law Issues

States have attempted to find alternative means of dealing with family law issues. In Oregon, an attempt is being made to simplify family law especially for uncontested divorce. This attempt is referred as discrete task representation.

Please read the following article before posting to the Discussion.

Collins, C. (2002). How four family law practitioners balance professional and client needs. Retrieved from www.osbar.org/publications/bulletin/02dec/different.html.

After you have read the article:

Post your opinions about the article and this alternative approach on the Discussion Board.

Do a quick search in your state to see if there may be a similar movement and share the results of your research.

Please respond to at least three of your classmates’ posts.

 

PA106 Legal Terminology and Transcription

Unit 9 Discussion

Real Estate Laws

Please read the following article before posting to the Discussion.

FindLaw. Why you need a lawyer when you buy or sell a house. Retrieved from http://realestate.findlaw.com/buying-a-home/why-you-need-a-lawyer-when-you-buy-or-sell-a-house.html.

After reading the article, please answer the following questions:

Do you think it is necessary to have a lawyer when completing a real estate transaction? Why or why not?

Does your state require there to be a lawyer when completing a real estate transaction? Please cite your source.

What are some of the duties that a paralegal working in real estate law might be asked to complete?

Please also respond to three of your classmates’ posts.

 

PA106 Legal Terminology and Transcription

Unit 10 Discussion

Course Reflection

What prior knowledge did you bring to this course?

What were the most important new ideas you encountered and how did they change your understanding of the paralegal profession?

Do you feel you have met the outcomes of your work in this course? Is there any outcome with which you feel you still need support or assistance?

What have you learned from your discussions and collaborations with your fellow students?

In what specific ways can you use the knowledge you have gained in this course in your chosen profession? What are your strengths and opportunities for growth in this area?

 

PA106 Legal Terminology and Transcription

Unit 2 Assignment

Letter to a Client

You are a paralegal working for attorney William Wagner. He met with a potential client named Tom Smith. Please read the fact pattern below and then complete the Assignment. Note this is the same fact pattern from this week’s Discussion.

Tom and Mary Smith went to dinner at La Grande Fromage restaurant. Tom’s bad lower back (hereditary disc problems) was acting up but he did not take a pain pill before going out. He was in some pain when the couple arrived at the restaurant. He had three glasses of wine before dinner hoping it would quell the pain. Before dinner was served, he got up to use the restroom. On his way to the restroom, he slipped on a puddle of melted butter on the floor and was seriously injured. The puddle he slipped on was comprised of several wrapped individual butter pats that had simply melted into a rather large yellowish blob on the floor near the men’s room door. The butter pats had fallen off a tray that a busboy was carrying back to the kitchen while clearing a table. It is unclear how long they had been on the floor before Tom slipped on them. As soon as he dropped them, the busboy had yelled to the restaurant hostess (who saw them fall from her post at the hostess station) “That needs to be cleaned up!”

Please use the fact pattern above to write a formal letter to Mr. Tom Smith. Mr. Smith knows nothing about the legal process and just needs a little bit of guidance. Please write him a letter that explains what will happen once he has agreed to have your firm represent him in his legal case. Apply critical thinking skills to explain to Mr. Smith all of the steps and procedures that will take place up to and including the trial. Additionally, take some time to analyze the potential solutions to Mr. Smith’s situation. Describe what the various legal decisions may be and what they will mean for Mr. Smith. Please use proper legal terminology; just make sure to define the terms for your client. Concepts that your letter should cover include, but may not be limited to, party designations, the complaint, summons, service of process, answer, default judgment, the discovery process, summary judgment, pretrial procedure, and then the trial and ultimate decision. Your letter should also have an introductory paragraph, the body of the letter, and a conclusion.

Make sure to follow the rules for proper letter writing given in Chapter 4 of your Legal Transcription textbook. This includes including all the components of a letter mentioned in the reading. You can use Figures 4-1 and 4-2 for examples. Please also consult the Week 2 rubric for the requirements of the Assignment. Your letter does not need internal citations, but remember to include an APA formatted reference page.

Tom Smith’s Attorney:

William Wagner

Wagner & Evans LLP

109 Wayfair Avenue

Portage, Indiana 46368

(219)314-7857

W.Wagner@Wagner&Evans.net

Client Address

Tom Smith

405 Land’s End Drive

Portage, Indiana 46368

TSmith@att.net

Grading

Please review the Assignment grading rubric under Grading Rubrics for more information on how your Assignment will be graded.

Submitting Your Work

Create your Assignment as a Word document. Save it in a location and with a name that you will remember.  When you are ready to submit, select the Unit 2 Assignment Dropbox and upload your file. To view your graded work after your instructor has evaluated it, please use the Dropbox or the Gradebook.

PA106 Legal Terminology and Transcription

Unit 4 Assignment

Client Interview/Draft Complaint

Here are the facts of the case you have been working on.

Tom and Mary Smith went to dinner at La Grande Fromage restaurant. Tom’s bad lower back (hereditary disc problems) was acting up but he did not take a pain pill before going out. He was in some pain when the couple arrived at the restaurant. He had three glasses of wine before dinner hoping it would quell the pain. Before dinner was served, he got up to use the restroom. On his way to the restroom, he slipped on a puddle of melted butter on the floor and was seriously injured. The puddle he slipped on was comprised of several wrapped individual butter pats that had simply melted into a rather large yellowish blob on the floor near the men’s room door. The butter pats had fallen off a tray that a busboy was carrying back to the kitchen while clearing a table. It is unclear how long they had been on the floor before Tom slipped on them. As soon as he dropped them, the busboy had yelled to the restaurant hostess (who saw them fall from her post at the hostess station) “That needs to be cleaned up!”

Tom has now decided to retain your law firm Wagner & Evans LLP. Your supervising attorney has asked you to begin working on the case. This Assignment has two parts.

Part one is an interview with your client Tom Smith.

Part two is drafting the complaint.

This week, you will be interviewing and drafting a complaint for your client Tom Smith.

Part 1: Please draft 10 questions you would like to ask Tom about his accident.

Part 2: After some initial research, you will be filing the complaint against the La Grande Fromage restaurant for the slip and fall. Please use the facts above. Listen to the dictation, available via the Audio icon below, in order to complete your complaint. Listen to the dictation a few times while taking notes. Pay special attention to paragraph breaks, spelling of legal terms, and proper punctuation.

Use Figure 1-4 in your textbook for an example of formatting for your complaint.

Also please review the following regarding proving fault.

FindLaw. Proving fault in slip and fall accidents. Retrieved from http://injury.findlaw.com/torts-and-personal-injuries/proving-fault-in-slip-and-fall-accidents.html.

Grading

Please review the Assignment grading rubric under Grading Rubrics for more information on how your Assignment will be graded.

Submitting Your Work

Create your Assignment as a Word document. Save it in a location and with a name that you will remember.  When you are ready to submit, select the Unit 4 Assignment Dropbox and upload your file. To view your graded work after your instructor has evaluated it, please use the Dropbox or the Gradebook.

 

PA106 Legal Terminology and Transcription

Unit 5 Assignment

Career Planning

Part I (Individual Project)

It is important to reflect on the career field for which you are studying. Take some time to review the video below which summarizes paralegal careers. How would your describe your career plan to potential future employers, colleagues, and/or instructors?Summarize your personal career plan and how you plan on meeting your career goals in a short paper. Take this opportunity to write out a clear, concise, and organized description of your personal career plan; the steps you are currently taking; and those you plan to take, to achieve your career goals.

Part II (Group Project)

Your instructor will be placing you into a small group with two to four of your fellow students. Take a short opportunity to meet in the team area of the classroom. Your instructor will explain this area during your week 4 Seminar. In the team area discuss your personal career plans and how you plan on achieving your career goals.

Part III (Peer Evaluation)

You will assess your team members, and they will assess you using the Peer Evaluation form. Your instructor will not share your peer evaluation feedback with others; you may choose to ask teammates to share their perceptions with you, so you can improve your team contribution.

Group Project Clarification

Your instructor will assign you to a group. Groups will be posted in a course Announcement

All students must use the Team Area in the classroom to conduct the group discussion.

All students must submit their own paper.

All students must submit a Peer Evaluation form (found in Course Documents).

Refer to the Unit 5 Assignment Rubric under Grading Rubrics for Individual and Group Grade detail.

Submitting Your Work

Create your Assignment as a Word document. Save it in a location and with a name that you will remember.  When you are ready to submit, select the Unit 5 Assignment Dropbox and upload your file. To view your graded work after your instructor has evaluated it, please use the Dropbox or the Gradebook.

PA106 Legal Terminology and Transcription

Unit 6 Assignment

Last Will and Testament

The Unit 6 Assignment consists of two parts: Part 1 is drafting a will and part 2 is locating some information on drafting a will in your state.

Part 1:

For part 1 of this week’s Assignment, you will be writing a will. For this Assignment, you will be listening to the dictation, available via the Audio icon below, and drafting the last will and testament of George Curtis Landers. Please use the examples located in Chapter 5 of your Legal Transcription book to help you in formatting the document. Also, please pay attention to the transcription rules provided for you located at the end of Chapter 3, pages 134–135. Listen to the dictation a few times while taking notes. Pay special attention to paragraph breaks, spelling of legal terms, and proper punctuation.

Transcribe the will of George Curtis Landers, who has a wife and two sons. Center the title on three double-spaced lines. Use centered article numbers or the divisions, i.e., ARTICLE I, etc. Use the following style or page numbering: Page 1 of My Will _____.

Part 2: Research your state’s statutes on creating a will. Please share the following:

Share the basic requirements for making a valid will in your state. Cite to the precedent you located for your answer.

Determine whether the wills must be notarized.

How many witnesses are necessary to create a valid will?

Are holographic wills permitted?

Be sure to cite the appropriate state code section where you found the information

Grading

Please review the Assignment grading rubric under Grading Rubrics for more information on how your Assignment will be graded.

Submitting Your Work

Create your Assignment as a Word document. Save it in a location and with a name that you will remember.  When you are ready to submit, select the Unit 6 Assignment Dropbox and upload your file. To view your graded work after your instructor has evaluated it, please use the Dropbox or the Gradebook.

PA106 Legal Terminology and Transcription

Unit 8 Assignment

Petition to Establish Paternity and Adoption

The Unit 8 Assignment consists of two parts. The first part is to listen to a dictation and draft a petition to establish paternity. The second part consists of finding the laws regarding adoption in your home state.

Part 1: Please listen to the Dictation 9-5, available via the Audio icon below.

Transcribe a petition to establish paternity in a case where the father, David Fred Gupton, paid hospital bills for the child and mother, lived with the mother for 2 years, and then left the mother, Lynn Ann Church, when the child was 2 years old. The attorney is Christopher F. Chadwell.

Phone: (907) 555-8822, Facsimile: (907) 555-8823,

Email address: cchadwell@chadwelllaw.emcp.net.

Note: Include the facsimile number and email address in the signature block.

Please note that at the end, you are asked to include a jurat and a notary signature block. Make sure to listen to the dictation a few times while taking notes. Pay special attention to paragraph breaks, spelling of legal terms, and proper punctuation.

Use Figure 9-5 in your Legal Transcription textbook for an example.

Part 2:

A client has come into your office. She would like to find out some information about her birth parents. She is 19 years old and was adopted as a newborn through a private adoption. She knows nothing about her adoption and wants to know what the laws are regarding the types of information she is entitled to. Please research the laws of your state and provide a paragraph or two explaining the laws of adoption from your state. Make sure to properly cite the laws that you find.

Grading

Please review the Assignment grading rubric under Grading Rubrics for more information on how your Assignment will be graded.

Submitting Your Work

Create your Assignment as a Word document. Save it in a location and with a name that you will remember.  When you are ready to submit, select the Unit 8 Assignment Dropbox and upload your file. To view your graded work after your instructor has evaluated it, please use the Dropbox or the Gradebook.

 

 

PA106 Legal Terminology and Transcription

Unit 1 Quiz

Question 1The person who brings a lawsuit is called a:

Question options:

d. All of the above

c. Party

b. Claimant

a. Petitioner

Question 2 The county or judicial district in which a case should be tried is:

Question options:

d. Class action

c. Caption

b. Deposition

a. Venue

Question 3 The initial pleading in a civil action in which plaintiff alleges a cause of actions is:

Question options:

d. Complaint

c. Cross-action

b. Response

a. Counterclaim

Question 4 A written statement submitted to the court to persuade it as to the correctness of a party’s positions is:

Question options:

d. Verification

c. Bill of particulars

b. Interrogatory

a. Memorandum of law

Question 5 A means for providing a party with access to facts that are within the knowledge of the other side and to enable the party to better try the case is:

Question options:

d. Equitable action

c. Injunction

b. Discovery

a. Diversity

 

PA106 Legal Terminology and Transcription

Unit 2 Quiz

Question 1 Arbitration, conciliation, mediation, and mini-trials are speedier and less costly methods for resolving disputes than going to court. These are examples of:

Question options:

Certiorari

Impaneling a jury

Voir dire

Alternative dispute resolution

Question 2 A prospective juror whom a party decides is unqualified or unacceptable may be challenged for cause or may be the subject of a peremptory challenge during:

Question options:

An out-of-court settlement

Voir dire

Oral argument

Jury instructions

Question 3 A trial that has been terminated by a judge prior to its conclusion because of a hung jury or prejudicial error is called:

Question options:

A mistrial

Arbitration

Alternative dispute resolution

Confession of judgment

Question 4 The process by which a higher court reviews the decision of a lower court is called an appeal.

Question options:

                True

                False

Question 5 The process by which a higher court is requested by a party to a lawsuit to review the decision of a lower court is:

Question options:

An amicus curiae

An appeal

A peremptory challenge

A challenge for cause

 

PA106 Legal Terminology and Transcription

Unit 3 Quiz

Question 1 A lesser included offense is a criminal act within the crime for which a defendant has been indicted and for which the defendant may be convicted, so long as he is not convicted of the more serious offense and this is not considered double jeopardy.

Question options:

                True

                False

Question 2 The Miranda rule is based on:

Question options:

U.S. Constitution

Common law

Criminal law

Police officer oath to enforce the law

Question 3 A non consensual touching is often referred to as ____________________.

Question options:

Battery

Probate

Writ

Summons

Question 4 The act of bringing an accused before a court to answer a criminal charge is:

Question options:

Arraignment

Plea bargain

Grand jury

Trial

Question 5 Indictment is a charge by a grand jury based on:

Question options:

Witnesses that are cross examined

Defendant’s ability to present witnesses

Defendant’s legal memorandum of law

None of the above

 

PA106 Legal Terminology and Transcription

Unit 4 Quiz

Question 1 The types of remedy recoverable in a tort action as financial reparation for an injury or wrong is:

Question options:

Damages

Rehabilitation

Injunction

Avoidance

Question 2 The plaintiff must prove negligence when alleging injury resulting from an unreasonably dangerous defective product.

Question options:

                True

                False

Question 3 The failure by the plaintiff to exercise reasonable care which in part caused the injury is:

Question options:

Intentional

Avoidance

Contributory negligence

Product liability

Question 4 The rule of negligence law by which a defendant is held liable to a plaintiff who negligently placed himself in peril, but the defendant did not act reasonably afterwards is:

Question options:

Contributory negligence

Last clear chance doctrine

Res ipsa loquitir

No fault case

Question 5 Supervening act is an additional event that occurs subsequent to the original negligence and becomes the proximate cause of injury.

Question options:

                True

                False

 

PA106 Legal Terminology and Transcription

Unit 6 Quiz

Question 1An addition or supplement to a will:

Question options:

Must be done within 60 days after the original is signed

Can only be created by the court

Is an executory will

Is a codicil

Question 2 A probate court may deal with

Question options:

Intestate succession

Enforcement of a will’s devise

Distribution of assets

All of the above

Question 3 The personal representative of a decedent’s estate could be the

Question options:

court clerk

executor/executrix

state attorney

all of the above

Question 4 A living trust is also called:

Question options:

Intestate trust

Inter vivos trust

Self-executing trust

Constructive trust

Question 5 A person who observes the signing of a will is the:

Question options:

trustee

attesting witness

probate officer

none of the above

 

PA106 Legal Terminology and Transcription

Unit 7 Quiz                                         

Question 1 Contracts must contain five basic elements to be enforceable by law: offer, acceptance, competent parties, consideration, and lawful purpose.

Question options:

             &n