CASPER COLLEGE COUSE SYLLABUS

Transcription

1 CASPER COLLEGE COUSE SYLLABUS Course Number and Title: LEGL Family Law Semester/Year: Spring 2007 Lecture Hours: 3 Lab Hours: 0 Credit Hours: 3 Class Time: 11:00-12:15 PM Days: MW Room: AD 172 Instructor s Name: Mary Kubichek Instructor s Office: AD 175H Phone: (office) (home) Julie Laib (academic assistant) kubichek@caspercollege.edu Office Hours: MTWF 9-11 AM and other hours by appointment Course Description: This class covers the substantive law of domestic relations with specific emphasis on the role of the paralegal in these cases. Statement of Prerequisites: None Goals: Family Law provides the Paralegal student with the knowledge of substantive and procedural laws specific to domestic matters. It also teaches paralegals skills in briefing, interviewing, drafting interrogatories, and drafting a divorce decree. Outcomes: At the end of the Family Law, students will be able to brief cases, explain Title 14 and 20 of the Wyoming Statutes, interview a client regarding a custody issue, draft interrogatories, name change forms and a divorce decree. Methodology: The substance of the Family Law Classes will be presented through lectures, student case presentations, class participation, and examinations. Students will draft interrogatories, name change forms, and a divorce decree. Students will conduct an intake interview regarding a custody issue. Service Component: Paralegal students must complete 40 hours of community service by graduation. Evaluation Criteria: Points will be assigned to each item and letter grades will be based on the following percentages of the total possible points: A=90%-100% B=80%-89% C=70%-79% D=60%-69% F=59% and below. NOTE: Point activities may be added or deleted at the discretion of the instructor. The student s grade in this class will be based on his/her performance in, but not limited to, the following areas: Page 1 of 12

2 ASSIGNMENTS MAXIMUM YOUR POINTS POINTS Chapter Worksheets Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 Chapter 13 Chapter 14 Chapter 15 Parillo Brief Kamp Brief Oral Briefs on State Issues Oral Briefs on Federal & Constitutional Issues Interview Interrogatories Assignment Page 2 of 12

3 Outline of Law Review Internet Article Summary Name Change Petition Divorce Decree Assignment Federal and Constitutional Issue Quiz Title 14 Assignment Test 1 Test 2 Test 3 Participation Vocab. 1 Vocab. 2 Vocab. 3 Vocab. 4 Page 3 of 12

4 Required Text, Readings, and Materials: Family Law, the Essentials, by William P. Statsky, West Publishing Co., Second Edition Paperback Legal Dictionary of your choice Wyoming Statutes on Family Law- These will be provided in class You will need at least 1 3-ring notebook for each paralegal class. You will also need highlighters and small post its for tabs. Last Date to Change to Audit Status of Change to Withdraw with a W Grade: Friday, March 23, Academic Dishonesty-Cheating and Plagiarism: Casper College demands intellectual honesty. Proven plagiarism or any form of dishonesty associated with the academic process can result in the offender failing the course in which the offense was committed or expulsion from school. See the Casper College Code of Conduct. Student Rights and Responsibilities: Please refer to the Casper College Student Conduct and Judicial Code for information concerning your rights and responsibilities as a Casper College Student. Chain of Command: If you have any problems with this class, you must first contact the instructor in order to solve the problem. If you are not satisfied with the solution offered by the instructor, you should then take your problem through the appropriate chain of command starting with the department head, then the division chair, and lastly the vice president for academic affairs. ADA Accommodations Policy: It is the policy of Casper College to provide appropriate accommodations to any student with a documented disability. If you have a need for accommodation in this course, please make an appointment to see me at your earliest convenience. Policies: NO work, tests, oral report, etc. may be made up unless the instructor gives prior permission. In other words, you must call before you miss. This policy does not negate late penalties. If permission is given tests may be made up only during finals week. Format for ALL Assignments: All assignments must be handed in on 8 ½ x 11 papers in 12 or 14 point font in a computer generated format. Each assignment must comply with specific directions or it will not be graded and will receive a zero. You must keep copies of all your assignments on a disk, CD or jump drive. Cell Phone: Turn off cell phones, pagers, etc. during class unless you have asked prior permission. You may not text message during class. Extra Credit: You will be given an opportunity for appropriate extra credit points but extra credit points will not substitute for a project, test, etc. and cannot account for more than one grade advance. Attendance: It is vital that you are on time for all classes and that you attend all classes. All assignments are due at the beginning of each class in hard copy form. You must treat this program as a job. You must have good work ethic. Page 4 of 12

5 Other Items: Civility toward classmates, speakers, the instructor, and her staff is required to remain in this class and the program. Speakers and your instructor require your complete attention. Never work on other projects or confer with classmates during a speaker s presentation. Plagiarism and other dishonesty will be penalized with appropriate penalties. If you must leave before the end of class or enter after the class has begun, inform the instructor and sit by the door. You are allowed to access to AD hours a day, 7 days a week when class is not in session. Letters of recommendation will be provided once the student provides a rough draft and signs a FERPA release. Classroom computers may only be used by paralegal students for school work and community service. Do not save work on the hard drive. Casper College does not allow children to use their computers. This syllabus may be changed at the discretion of the instructor with notice to the class. The purpose of this program is to learn paralegal skills, ethics, and substantive law. Do not share your personal, civil or criminal experiences during class time. Do not monopolize class discussions and stay focused. Students with felony convictions may not be able to obtain traditional paralegal positions. Whining is not acceptable. Be an adult. Portfolio: Redo all major assignments and place in your portfolio. Forms: Keep a separate notebook for all sample forms. Page 5 of 12

6 DATE January 17 January 22 January 24 CLASS CONTENT & ACTIVITIES Orientation Syllabus Vocabulary List Overview of Family Law Sources of Family Law Title 20 Survival Tips Assign State & Federal cases Find Law Directions Briefing Practice for Family Law Practice Kinnison v. Kinnison Group Community Service Individual Briefing Practice- Kamp v. Kamp, 640 P.2d 48 (Wyo. 1982). Ethics Law Review and Internet Article Assignment ASSIGNMENT Read Statsky: Chapter 1 Read Kinnison v. Kinnison Read Kamp v. Kamp Read Nebraska Ethics Opinion No Read Statsky: Chapters 2, 3, & 4 and worksheets Study vocab #1 abandonment common law Read Statute Sections: WHAT IS DUE Kamp v. Kamp Ethics Cases & No Smith v. Lewis, 530 P.2d 589 (Cal. 1975). In re Pump, 355 N.W.2d 248 (Wis. 1984). January 29 & January 31 Unmarried Cohabitation Marriage Regulations Same Sex Unions Antenuptial/Prenuptial Contracts Annulment Contracts Restraining Marriage Name change assignment Vocab Test 1 (January 29 - CD: Home is Where the Heart Is) Page 6 of 12 Review Questions Worksheets chapters 2, 3, 4 due January 29 Statute Sections Suggs v. Norris, 364 S.E.2d. 159 (Ct. App. N.C. 1988). (Cohabitation) In re Estate of Gardiner, 42 P. 3d 12 0 (Kan. 2002). (sex

7 February 5 February 7 February 12 & February 14 & February 21 Turner v. Freed, 792 N.E.2d 947 (Ct. App. Ind. 2003). Complete Prenuptial Contracts and Annulment Review for Test Test #1 Read Statsky: Chapter 7 & 8 & worksheets Child Custody Child Support Speakers Federal & State (Darrel & Eric) Page 7 of Read Statsky: Chapter 5, 6, Begin drafting Divorce Decree using assigned facts in Wyoming Court Grade Sheet for Divorce Decree change) Kantaras v. Kantaras, 884 So. 2d 155 (fl. Ct. App. 2004). Allison D. v. Virginia M., 572 N.E. 2d 27 (N.Y. 1991). (gay couple) Review questions Statute Sections Statsky: Worksheets 7 & 8 due Feb. 21 Madson v. Wyoming Humane Society, 169 P. 366 (Wyo. 1917). Fanning v. Fanning, 717 P.2d 346 (Wyo. 1986). Tanner v. Tanner, P.2d 443 (Wyo. 1917). Worden v. Worden, 434 N.W.2d 341 (N.D. 1989). Moye v. Moye, 627 P.2d 799 (Idaho 1981). Karin T. v.

8 February 19 February 26 & February 28 Michael T., 484 N.Y.S.2d 780 (N.Y. Fam. Ct. 1985). Dunlap v. Fiorenza, 738 A.2d 312 (Md. Ct. App. 1999). Rowan v. Rowan, 786 P.2d 886 (Wyo. 1990). Stewart v. Burton 108 S. W. 3d 647 (Ct. Ap. Ky. 2003). State ex rel. Griffin v. District Court, 831 P.2d 233 (Wyo. 1992) Connors v. Connors, 769 P.2d 336 (Wyo. 1989). Goff v. Goff, 844 P.2d 1089 (Wyo 1993). Wolfe v. Wolfe, 899 P.2d 46 (Wyo. 1995). Hertzler v. Hertzler, 908 P. 2d 946 (Wyo. 1995). Gurney v. Gurney, 899 P. 2d 52 (Wyo. 1995). KO v. HOH, 2006 (Wyo. 1987). Traxel 527 U.S (1999). NO CLASS - PRESIDENTS DAY NO SCHOOL NO SCHOOL Visitation Separation and Divorce Divorce Decrees Drafting Divorce Decrees Page 8 of 12 Divorce Decree Assignment Study Vocab. common law marriage - get Grosskopf v. Grosskopf, 677 P.2d 814 (Wyo. 1984). Clauss v. Clauss,

9 459 P.2d 369 (Wyo. 1969). Name Change Assignment due Feb. 28 March 5 & March 7 Economic Consequences of Divorce Vocab. #2 (March 5) Midterm Week Speaker Divorce Decree Form Assignment Title 14 Assignment Worksheets: Chapter 5, 6, 9 Underkofler v. Underkofler, 834 P.2d 1140 (Wyo. 1992). Brietenstine v. Brietenstine, 62 P. 3d 587 (Wyo. 2003). Wallop v. Wallop, 88 P.3d 1022 (Wyo. 2004). Rinehardt v. Rinehardt, 75 P.2d 390 (Wyo. 1938). Root v. Root, 65 P. 3d 41 (Wyo. 2003). Lynch v. Lynch, 791 P.2d 653 (Ct. App. Az. 1990). Booth v. Booth, 371 S.E.2d 569 (Ct. App. Va. 1988). Low v. Low, 777 S.W.2d 936 (Ky. 1989). Sellers v. Sellers, 775 P.2d 1029 (Wyo. 1989). March 12 & March 14 March 19 Test #2 SPRING BREAK SPRING BREAK SPRING BREAK Preparation for Interviewing & Interrogatory Answer Page 9 of 12

10 March 21 March 26, March 28 & April 2 April 4 April 11 & April 12 April 16 Interviewing and Interrogatory Answers Constitutional Family Law Issues Audio Tape- Loving v. Virginia Complete Constitutional Issues Vocabulary Quiz #3 Adoption Lecture Open Adoption Speaker Children s Rights Page 10 of 12 Study vocab gift - palimony Statsky: Chapter 12, 13 & 14 Worksheets Statsky Ch. 11 & 14 Kirkpatrick v. Marafioti, 77 p.3d 404, (Wyo. 2003). Video Interviews Oral Briefs Law Review and Internet Article Assignment Constitutional Quiz Divorce Decrees Due April 9 In re Exemption from Immunization by Susan LePage (Wyo. 2001). RW and LW, Natural Parents of KW v. State ex. Rel. Laramie County DPASS, 766 P.2d 555 (Wyo. 1989). (Termination of Rights) In re Adoption of CJH and TCH, 778 P.2d 124 (Wyo. 1989). In re the Adoption of AMD, 766 P.2d 550 (Wyo. 1988). Title 14 Assignment Interrogatory Questions and Answers Statsky: Chapter 12 & 13 Worksheets due April 11 Legitimacy and Paternity Statsky Ch. 11 & 14 Worksheets A. v. X.Y.Z., 641

11 April 18 April 23 & April 25 April 30 Reproductive Rights Surrogacy Page 11 of 12 Statsky Ch. 15 Worksheets Family Torts Stasky Ch. 10 Worksheet Battered Spouses Speaker ( ) Study vocab.- paralegal - end P.2d 1222 (Wyo. 1982). Prato-Morrison v. Doe, 103 Cal. App. 4 th 222 (2002). Gillett-Netting v. Barnhart, 371 F.3d 593 (9 th Cir. 2004) Davis v. Davis, 842 S.W.2d 588 (Tenn. 1992). Curran v. Pasek, 886 P.2d 272 (Wyo. 1994). Oddo v. Presser, 561 S.E. 2d 123, (Ct. App. N.C. 2003). Jones v. Swanson, 341 F. 3d 723 (8 th Cir. 2003). Dellapenta v. Dellapenta, 838 P.2d 1153 (Wyo. 1992). Tader v. Tader, 737 P.2d 1065 (Wyo. 1987). Zysk v. Zysk, 404 S.E.2d 721 (Va. 1991). Drake v. Drake, 43 P.3d 578 (Wyo. 2002). Parvin v. Dean, 7 S.W.3d 264 (Tx. Ct. App. 1999). Nicholson v. Scopetta, 820 N.E. 2d 840 (Ct. App. N.Y. 2004). Worksheet Ch. 15 Frenzel v. State, 849 P.2d 741 (Wyo. 1993).

12 May 2 May 7 May 9 He had it coming Women s Rights Gender Issues Sexual Harassment Privilege Vocab. #4 Review Test # Statsky Worksheet Ch. 10 Burhle v. State, 627 P.2d 1374 (Wyo. 1981). Service hours due LAW Conference dates to be announced Finals are May 14-17, 2007., May 16, Baccalaureate for all of the graduates Friday, May 18, Casper College Commencement Page 12 of 12