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The NALA Campus Internet course on ADR -- Alternative Methods of Dispute Resolution gives you an overview of the broad array of methods or processes that are used to resolve disputes, their attributes, and how these individual methods are integrated into a dispute resolution strategy.
The course has four modules. Each module contains an audio/text lecture with slides to illustrate the lecture points. A test bank covering that lecture is at the end of each module.
Modules are organized as follows:
Module 1 discusses the process of designing a dispute resolution strategy. This Module considers the following steps in dispute resolution strategy planning:
- gathering the basic facts surrounding the dispute;
- applying the law to these facts;
- identifying and understanding the disputing parties’ procedural and substantive needs and interests;
- creating a range of substantive solutions that can resolve the dispute;
- understanding the array of dispute resolution processes and finding which of these dispute resolution processes would be available to the parties in the locale where the dispute is to be resolved;
- correlating these dispute resolution processes to the procedural needs and interests of the parties; and
- evaluating whether these dispute resolution processes may produce a solution within the range of acceptable solutions, thus meeting the parties substantive needs and interests.
Module 2 explores both unilateral and bilateral action in dispute resolution. Unilateral action (inaction, acquiescence and self-help) requires only one party to resolve the dispute, whereas bilateral action requires both disputing parties, acting together, to resolve the dispute (negotiation).
Module 3 discusses third-party evaluation in dispute resolution. These processes involve a neutral third party who evaluates the dispute (early neutral evaluation and summary jury trial) and the dispute resolution processes that involve a neutral third party who assists the parties in resolving their own dispute (private mediation, court-sponsored mediation, and mini-trial). The third party neutral guides the process but does not resolve the dispute for the parties. The parties remain in control of the outcome of their dispute.
Module 4 investigates third-party adjudication as a form of dispute resolution. These processes involve a neutral third party who guides the process and resolves the dispute for the parties (private arbitration, court-annexed arbitration, litigation, and private judging). The parties participation is limited to being a witness and to assisting counsel. Thus the parties have lost control over the process and the outcome of their own dispute.
This course is a condensed version of a text written by Martin A. Frey entitled Alternative Methods of Dispute Resolution and published by Delmar Learning. The text may be purchased from the NALA bookstore. We appreciation Delmar Learning’s permission to use material from that text. [From Alternative Methods of Dispute Resolution 1st edition by FREY/MARTIN. © 2003. Reprinted with permission of Delmar Learning, a division of Thomson Learning: www.thomsonrights.com. Fax 800 730-2215. ]
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The NALA On-line seminar on the American Legal System provides course participants with a general overview of the system of law in the United States. Through a series of 4 modules, students will work through text and questions covering the following:
Module 1
Basic terminology, sources of law, classifications of law.
Module 2
The United States Constitution, history and major provisions; Relationship between state and federal governments
Module 3
Enforcement of the law. A review of the court system, including concepts such as jurisdiction, venue and how courts are created.
Module 4
Limitations on judicial decision making, including constitutional limitations, statutes of limitations, res judicata and immunity.
Upon completion of the NALA on-line course on the American Legal System, course participants should be familiar with and understand: the common law system differences between state and federal systems differences between criminal and civil liability and classifications of crimes sources of law including primary and secondary law history of the U.S. Constitution, its functions and limitations major provisions and amendments to the U.S. Constitution structure of the federal court system jurisdiction of federal and state courts judicial decision making differences between law and equity courts and remedies available.
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Every legal assistant must be aware of the fundamentals of litigation to be effective in his or her position. This course covers the litigation process from pleadings to discovery, trial, post-trial and appeal. The NALA Campus course on the American Legal System is recommended as a prerequisite for those who have little experience in litigation. Upon completion of this course, participants should be familiar with the civil procedure and the system within which it operates. This includes a general understanding of the concepts of selecting proper court and jurisdiction, parties to litigation, pleadings, discovery, pre-trial practice, trial, evidence, judgments, appeal and enforcement. The course is organized as follows:
Module 1
Courts, Jurisdiction and Venue
Module 2
Pleadings and Procedures
Module 3
Trial Procedure Intro
Module 4
Final Stages of Trial and Post Trial
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The NALA Campus course on Contract Law is a review of the essential rules of contract law. This includes creating a contract, rights and duties of parties and nonparties, contract performance, discharge; breach; and remedies for breach. References to statutes and the Uniform Commercial Code for the sale of goods are discussed throughout the four modules. The course is designed to provide useful tools and techniques to master or refresh one’s understanding of the principles and practical concepts of contract law which a legal assistant will likely encounter. The course is organized as follows:
Module 1
What are the essential elements of a contract? This module includes a review of those elements, as well as sources of contract law, types of contracts, offer and acceptance, and consideration. Upon completion of this module, participants will understand the elements of a valid, executory contract, and other classifications; and issues related to acceptance, consideration and performance.
Module 2
Continuing with a discussion of the concept of consideration, this module goes on to discuss contract defenses, and rights and duties of nonparties. Upon completion of this module, participants will have an understanding of such concepts as mutuality of consideration, enforceability of contracts, capacity, misrepresentation, fraud, third-party beneficiary contracts, assignment of rights, and delegation of duties to third parties.
Module 3
Module 3 concentrates on the means and methods used by courts to interpret contracts, the difference between conditions and promises, and the ways in which a contract may be discharged. Upon completion of this module, participants will have an understanding of legal rules such as parol evidence, the divisibility rule, discharge of contract duties, and novation.
Module 4
This module covers the particulars of contract breach, including the remedies that can be awarded by courts. Upon completion of the module, participants will have an understanding of the elements, defenses and remedies to a contract, breach of contract, the differences between law actions and equity actions, damages, and restitution as contrasted with compensatory damages.
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This course covers techniques in legal analysis, including categorization of facts and evidence. In addition, the practical aspects of the legal assistant’s relationship with the lawyer, the legal secretary, the court, and other law firms are discussed. Exercises are presented covering reading comprehension, data interpretation, and document preparation. This course includes essay questions and extensive use of examples and illustrations. Instructor grading of essay questions and feedback is also a feature of this course.
The Judgment and Legal Analysis course is organized in four modules as follows:
Module 1
Overview of the topic of legal analysis.
Module 2
Basic Skills in Reasoning Techniques. These skills include reading comprehension, separating information into categories, analyzing legal rules, and applying those rules to specific facts.
Module 3
The Analytical Process, including exercises and illustrations.
Module 4
Exercises and Writing Style
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This course covers ethics and professional responsibility for legal assistants, emphasizing key ethical principles and rules affecting legal assistants and the utilization of legal assistants by attorneys. The course is organized into 4 modules, as follows:
Module 1
Regulation of Lawyers and Legal Assistants - Unauthorized Practice of Law – ways in which lawyers and paralegals are regulated in the United States
Module 2
Confidentiality and Conflicts of Interest – both ethics rules and the evidentiary rules relating to privilege and work product are included in the discussion of confidentiality. The module also covers ethics rules on conflicts of interest and the use of consents, conflict checks and screens.
Module 3
Ethics Rules in Litigation - frivolous claims, discovery abuse, delay, conduct in court, candor, communications with persons in the litigation process including judges and jurors, and competence.
Module 4
Legal Fees, Client Funds and Property, Advertising and Solicitation – including ethics rules relating to legal fees, including fee agreements, unethical fees, and fee awards. Rules prohibiting sharing of fees, referral fees, and partnerships between lawyers and nonlawyers are included
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Ever feel intimidated by a law library? The techniques and structure taught in this course provide a simple research procedure that can be used in any law library - a procedure that stays with students for many years, no matter how infrequently they perform legal research tasks. Upon completion of the course, registrants will be able to recognize, understand, and incorporate tried-and-true research techniques into their portfolios of paralegal skills. The subjects are organized as follows:
Module 1
The System of Legal Research
Module 2
Finding the Law
Module 3
Citing the Law
Module 4
Legal Analysis and Briefing
This course includes a writing/briefing exercise.
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Real Estate
Click here to register
The NALA Campus course on Real Estate Law reviews the basic concepts involved in real estate law, including its terminology and historical background; possessory and nonpossessory interests in land and how they may be acquired, used, and transferred; contractual, societal, and governmental limitations on the use of land, including nuisance and zoning laws; types of land ownership and the legal rights and obligations that characterize and distinguish each of them; methods and procedures for the sale of land and land financing, including land contracts; systems established for title assurance; and adverse possession.
Module 1
Reviews basic terminology and historical foundation for land estates in American real estate law.
Module 2
Surveys concurrent ownership rights and duties, including how they are acquired and conveyed, and non-ownership rights and duties that may exist in land.
Module 3
Examines limitations on the use of land and the preliminary stages concerning the sale of land, including the purchase agreement, property description, and requirements for a valid deed.
Module 4
Analyzes recording methods for documents and events related to real estate; examines procedures for title searches and title insurance, real estate financing, the steps that precede closing and the real estate closing itself; surveys installment sale contracts (or land contracts) and the principles of adverse possession.
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This course focuses on those areas of written communication in the legal environment that are the most difficult for most people. This includes punctuation, grammar, word usage, composition of sentences and paragraphs, and effective writing skills. The course material is presented as follows:
Module 1
Punctuation
Module 2
Grammar 1
Module 3
Grammar 2
Module 4
Composition and Writing Style
The rules of grammar and word usage are based on The Elements of Style, by Strunk & White. The Strunk text was selected because so many of its rules had been integrated into the Texas Law Review Manual which, in turn, is used by the majority of law reviews throughout the country. The Strunk text is used consistently within the legal community.
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