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On December 1, 2009, numerous changes to the Federal Rules of Civil Procedure go into effect. In addition to stylistic revisions, the methods of computing time deadlines are substantially affected. If you are a paralegal who works in litigation these changes will affect your practice. There are also some changes to appellate, criminal and bankruptcy rules but less so than the civil rules. |
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This course is a basic overview of the system of law in the United States. Because of the nature and amount of information covered, it is presented in two parts. This first session of the American Legal System topic discusses the history and sources of the law, including the constitutional history of the American Legal System. This session also covers the structure of the federal court system which includes a discussion of the types of courts in our federal judicial system and the concept of due process in our legal system. |
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This second session of the two-part topic will cover the various aspects of jurisdiction in our court system, the distinction between procedural and substantive law, conflicts of law, a discussion of the United States Constitution, and a look at the executive and legislative branches of government. |
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The Beginning: This first session of Civil Litigation addresses what litigation actually is (e.g., it is not a “substantive” area of the law) and covers use of the Internet to find resources beneficial to litigation paralegals. The presentation will also include: commencement of the action; conflict of laws; pleadings; affirmative defenses; counterclaims, cross-claims and third party practice. Emphasis throughout all three Civil Litigation sessions will be on the Federal Rules of Civil Procedure and what paralegals need to know about them to be effective members of the litigation team.
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The Middle: The second session of Civil Litigation will cover motion practice and removals. We will discuss discovery in detail, including new issues raised by electronic data discovery. There will be a discussion of privilege, including the distinction between attorney/client privilege and work product privilege. As with the first presentation, what paralegals need to know about the Federal Rules of Civil Procedure will be emphasized.
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The End: The third and final session of Civil Litigation will cover trials, post trial motions and the appeal process. As with the first two presentations, what paralegals need to know about the Federal Rules of Civil Procedure and the Appellate Rules will be emphasized.
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Elder Law Intermediate
Recorded 8-20-2009
Mitzi Wortman, RNC, CCM, LNCC
San Francisco, CA
Member Rate $60
Non-Member Rate $80
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Legal documents associated with elder care issues will be reviewed, with analysis of types of health insurance including private, HMOs and Medicare Plan D. Benefits and problems associated with each insurance type as they apply to elders will be compared, and there will be discussion on how paralegals can identify signs of elder abuse and understand the purpose for restraining orders. The presentation will include an explanation of assessments for temporary or permanent conservatorships. Definitions of financial or mental incompetence will be included, along with a review of advance directives vs. living wills. Elder law resources will be provided as a handout. |
Estate Planning 1 - Generation Skipping Transfers
Recorded 10-7-2009
Edward Armstrong, Attorney
Saint Louis, MO
Member Rate $60
Non-Member Rate $80
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This course will examine Generation Skipping Transfers, both direct and indirect: Direct skips, taxable distributions; taxable terminations. Also included, explanations of “skip persons,” when a trust is a “skip” person; exceptions to generation skipping transfer taxes; use of reverse QTIP elections and use of the Applicable Exclusion Amount against potential Generation Skipping Transfer Tax. The material contained in this presentation is presumed the participant has an extensive knowledge of the Federal Transfer Tax System. |
Estate Planning 2 - Applicable Exclusion Amount To Offset Federal Gift Taxes and Federal Estate Taxes; Annual Exclusions and Marital Deduction
Recorded 10-21-2009
Edward Armstrong, Attorney
Saint Louis, MO
Member Rate $60
Non-Member Rate $80
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This course will examine the Applicable Exclusion Amount (sometimes referred to as the “Unified Credit”) as an offset to federal gift taxes, federal estate taxes and generation skipping transfer taxes; the per donee gift tax exemption and the exemptions for payment of educational and medical expenses. The material contained in this presentation is presumed the participant has an extensive knowledge of the Federal Transfer Tax System. |
Evidence-Advanced
Recorded 9-29-2009
Karen Sanders-West, ACP, JD
Wichita, KS
Member Rate $60
Non-Member Rate $80
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This advanced program is created for the Legal Assistant who has extensive experience in trial preparation and assisting in the courtroom. Hearsay will be discussed, as well as opinion and expert testimony, burden of proof and presumptions, admissibility of evidence generated by technology, evidence authentication and best evidence doctrine. Practical examples of how the rules come into plan in the courtroom will be provided, along with references to case law interpreting the rules. The primary emphasis will be on the role of evidence in civil actions with limited discussion of evidence in criminal matters.
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Evidence-Basic
Recorded 9-15-2009
Karen Sanders-West, ACP, JD
Wichita, KS
Member Rate $60
Non-Member Rate $80
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This is an entry level introduction to evidence. Developed especially for the legal assistant who has had limited or no experience with trial preparation and assisting in the courtroom. Included will be a discussion of why and what legal assistants need to know about the rules of evidence and their purpose, the nature/definition of evidence, the admission or exclusion of evidence, relevance (what it is, what it means), materiality (what it is, what it means). |
Evidence-Intermediate
Recorded 9-22-2009
Karen Sanders-West, ACP, JD
Wichita, KS
Member Rate $60
Non-Member Rate $80
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Intermediate Evidence is designed for the Legal Assistant who has some experience with trial preparation and courtroom assistance. A review of the categories of evidence rules will be included. We will look in more detail at relevance and materiality as it relates to evidence. In addition, this session will discuss witnesses generally & witness impeachment. The various types of evidence and their use in the courtroom will be addressed. Rules addressing judicial notice and privilege will be covered. |
Legal Descriptions for Real Estate
Recorded 9-9-2009
Glenn Leier, Attorney
Portland, OR
Member Rate $60
Non-Member Rate $80
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How do we describe real estate so that a parcel can not be confused with any other parcel on Earth? Is a survey the same as a legal description? May we use street addresses or tax lot numbers in lieu of legal descriptions? A legal description is a definition of a parcel, written in English narrative style, that precisely identifies that particular parcel of real estate. This course will review ways to define real estate lots, types of legal descriptions, examples of each type, and the steps for each type of legal description. The course will cover proofreading legal descriptions, other tasks paralegals may perform, and locations of initial reference points for the Public Land Survey System.
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