I ran across this while reading my Texas Paralegal Journal. I thought you might get a chuckle or two out of it. The longer you've worked in the legal field, the funnier this is, I think. And it is amusing regardless of how wonderful your attorney might be (as opposed to the paralegal's boss in the poem).
Enjoy!
http://txpd.org/tpj/54/etal02.asp
Friday, December 26, 2008
Saturday, December 20, 2008
Question
One of your classmates asked: "What is the difference between 'Larceny-by-trick' and 'False Pretences'"?
Larceny by Trick – you must prove all the parts of larceny first. Then show that the taking was obtained by deceit (sort of being sneaking, they not know you are going to take w/o paying). The taker has it now, but the true owner was not planning for the taker to have it permanently, or at least not under the circumstances.
False Pretences – not have to prove larceny first, just that fraud was involved in obtaining possession. Saying, implying or acting in a way that gives untrue info to the owner so that he is willing to part with the item, giving the taker permanent possession based on belief in the untrue info.
The original owner’s intentions are a good clue.
Additional information from the Crim Law Mentor B. Hutchins:
The only thing I would add to your false pretences analysis is that the classic end result is that the thief was actually obtaining permanent possession / title to the property. If trickery/fraud is used to induce the owner to temporarily give up possession then it is larceny by trick. If the trickery/fraud is used to obtain actual title then it is false pretences. Looking at what the owner thought they were giving to the thief (temporary possession vs. permanent possession/title) is a good indicator.
I would note that I've never seen either one of these crimes in practice having prosecuted hundreds of theft crime cases. These are very rare crimes. Simple larceny and embezzlement are the big ones.
Larceny by Trick – you must prove all the parts of larceny first. Then show that the taking was obtained by deceit (sort of being sneaking, they not know you are going to take w/o paying). The taker has it now, but the true owner was not planning for the taker to have it permanently, or at least not under the circumstances.
False Pretences – not have to prove larceny first, just that fraud was involved in obtaining possession. Saying, implying or acting in a way that gives untrue info to the owner so that he is willing to part with the item, giving the taker permanent possession based on belief in the untrue info.
The original owner’s intentions are a good clue.
Additional information from the Crim Law Mentor B. Hutchins:
The only thing I would add to your false pretences analysis is that the classic end result is that the thief was actually obtaining permanent possession / title to the property. If trickery/fraud is used to induce the owner to temporarily give up possession then it is larceny by trick. If the trickery/fraud is used to obtain actual title then it is false pretences. Looking at what the owner thought they were giving to the thief (temporary possession vs. permanent possession/title) is a good indicator.
I would note that I've never seen either one of these crimes in practice having prosecuted hundreds of theft crime cases. These are very rare crimes. Simple larceny and embezzlement are the big ones.
Monday, December 08, 2008
WARNING LABEL (posted by Jessica)
COINCIDENCE!?!
Biblical Counseling was one of my favorite classes and at the same time one of the hardest. It was not hard academically, or intellectually, but it was very challenging personally. The class is very good because you will learn how to minister in non-legal ways to people you encounter, and identify root issues. However as the Professor stated in the opening sentence of the syllabus, it is “designed to challenge you to evaluate your personal life…”
There should be a Warning Label on the material. “Be prepared each week to encounter situations that will test what you have learned.” IT WILL HAPPEN (almost every week in varying degrees)! You may just being saying to yourself, “That was a good reminder …wonder who I might have an opportunity to share this teaching with?” SUDDENLY! God will allow something to happen that relates to the theme and you will feel like you are back at square one.
YOU ARE NOW FORWARNED! If you recognize the situation for what it is – a test – you can see it as an opportunity to grow to a higher level in your relationship with God and others. Later on you may even be able to laugh about the “coincidence.”
These types of circumstances happened to me frequently last year. They were what made the course hard. But don’t allow this news discourage you. The reward is that you will be strengthened and God will open new doors to connect with and help people, because now you have experienced the situations yourself.
Example Week: We learned, “Responsibility is working to have a clear conscience before God and others. Acts 24:16 says, ‘…maintain always a blameless conscience both before God and before men.’” I thought, “oh good, glad I’ve learned about this before. I’ve worked really hard on this, I can breathe and move on to the next thing.” God smiled and said, “Maybe you finished the elementary level, but now the time has come to move on to the high school level.”
Some days afterwards a lady and I had a big disagreement. She was upset with me about something that had happed over which I had no control. I thought she was entirely in the wrong for getting angry with me, and blaming me for the problem. So I stopped talking to her and avoided being around her.
That night God would not let me sleep. I finally said, “Ok, this is a forgiveness issue. I’ll forgive her and stop being upset about what she said.” But that was not all God was asking for, He wanted me to go deeper. God showed me this was a matter of clearing my conscience. He pointed out that in the situation I had had a prideful attitude, which contributed to the disagreement. Yes she was wrong, but my attitude had been wrong too.
Oh Joy…another test :-P
Coincidence? Hardly. Working through the situation was very challenging, probably harder than any law class test. Yet I saw God do so much through it.
When the tests come your way, remember God provides the tools through His power and grace to overcome. And the rewards last forever.
Biblical Counseling was one of my favorite classes and at the same time one of the hardest. It was not hard academically, or intellectually, but it was very challenging personally. The class is very good because you will learn how to minister in non-legal ways to people you encounter, and identify root issues. However as the Professor stated in the opening sentence of the syllabus, it is “designed to challenge you to evaluate your personal life…”
There should be a Warning Label on the material. “Be prepared each week to encounter situations that will test what you have learned.” IT WILL HAPPEN (almost every week in varying degrees)! You may just being saying to yourself, “That was a good reminder …wonder who I might have an opportunity to share this teaching with?” SUDDENLY! God will allow something to happen that relates to the theme and you will feel like you are back at square one.
YOU ARE NOW FORWARNED! If you recognize the situation for what it is – a test – you can see it as an opportunity to grow to a higher level in your relationship with God and others. Later on you may even be able to laugh about the “coincidence.”
These types of circumstances happened to me frequently last year. They were what made the course hard. But don’t allow this news discourage you. The reward is that you will be strengthened and God will open new doors to connect with and help people, because now you have experienced the situations yourself.
Example Week: We learned, “Responsibility is working to have a clear conscience before God and others. Acts 24:16 says, ‘…maintain always a blameless conscience both before God and before men.’” I thought, “oh good, glad I’ve learned about this before. I’ve worked really hard on this, I can breathe and move on to the next thing.” God smiled and said, “Maybe you finished the elementary level, but now the time has come to move on to the high school level.”
Some days afterwards a lady and I had a big disagreement. She was upset with me about something that had happed over which I had no control. I thought she was entirely in the wrong for getting angry with me, and blaming me for the problem. So I stopped talking to her and avoided being around her.
That night God would not let me sleep. I finally said, “Ok, this is a forgiveness issue. I’ll forgive her and stop being upset about what she said.” But that was not all God was asking for, He wanted me to go deeper. God showed me this was a matter of clearing my conscience. He pointed out that in the situation I had had a prideful attitude, which contributed to the disagreement. Yes she was wrong, but my attitude had been wrong too.
Oh Joy…another test :-P
Coincidence? Hardly. Working through the situation was very challenging, probably harder than any law class test. Yet I saw God do so much through it.
When the tests come your way, remember God provides the tools through His power and grace to overcome. And the rewards last forever.
Monday, November 10, 2008
TORT ANALYSIS
The plaintiff in a tort case must meet two tests. The Burden of Production requires the plaintiff to show enough evidence of a tort action to avoid a directed verdict. He must also meet the Burden of Persuasion by a preponderance of the evidence showing the liability of the defendant. This week as you take the Tort Law test, here are a few pitfalls to avoid.
A danger in tort law analysis is leaping ahead. It is very important to carefully read the scenario. Avoid letting your mind jump to deciding what type of proximate cause to pursue, before you have actually found all the elements of a tort. Refrain from adding anything to what you have read; all you have to work with is what is written down. Ask the following questions:
Is it a tort? The situation may be for the criminal courts, not civil. Remember also that torts can be actions or OMISSIONS.
What type or theory of torts? A grammatically perfect answer based on the negligence theory will not suffice if the scenario was an intentional tort.
What subcategory applies? A battery…a trespass…a nuisance…product liability…abuse of process…misrepresentation.
If a negligence tort, are all the elements there (duty, breach, causation, damages)? The defendant may have done wrong, but if no harm was sustained, then you cannot proceed. Or damages may have been sustained, but the defendant may not have had a duty in the first place.
Which type of damages can be requested? The plaintiff may be able to request more than one. (i.e. special and punitive)
What defenses might the defendant raise? If the plaintiff consented or assumed the risk, he is barred from recovering damages.
Another challenge is remembering the meaning of Latin phrases, and under what theory and element the phrase is pertinent. The theory of negligence has three Latin phrases.
“Negligence Per Se” may be used to show a breach of duty. If a harm was caused due to the violation of a state/federal statute, and the statute was designed to protect the person who was harmed, then negligence per se arises.
“Res Ipsa Loquitur” also applies to the element of breach. Use this phrase to prove the defendant is liable for the breach: the event normally only happens if someone is negligent; the plaintiff did not negligently contribute to his own injuries; the objects or situation were under the defendant’s exclusive control; or the defendant is better able to explain the events.
“Sine Qua Non” refers to the “but for” test. This concept is handy for trying to prove causation, in particular actual cause. Show Tony was the actual cause of Antonia’s head injury by explaining, “but for Tony negligently swinging his bat, Antonia would not have been hurt.”
Two other interesting phrases are:
“Respondeat Superior” means let persons higher up answer. This can be applied under nearly all of the theories. Once you have shown that the defendant has committed a tort action, and all the elements have been proved, then you can proceed to investigate if the defendant’s bosses/company can be held liable to pay the damages. If the tort was committed under the scope of the defendant’s work, the employer may be liable. This is called going after the deep pocket.
“Slander Per Se” falls under the category of defamation torts. This concept will simplify your answer greatly if it applies. If spoken defamation occurs towards a private person about a private matter involving an item on the list, then damages are presumed! The list includes: criminal behavior, loathsome disease, sexual misconduct, or unfitness to conduct business.
Best wishes on your tests. God bless.
Jessica
A danger in tort law analysis is leaping ahead. It is very important to carefully read the scenario. Avoid letting your mind jump to deciding what type of proximate cause to pursue, before you have actually found all the elements of a tort. Refrain from adding anything to what you have read; all you have to work with is what is written down. Ask the following questions:
Is it a tort? The situation may be for the criminal courts, not civil. Remember also that torts can be actions or OMISSIONS.
What type or theory of torts? A grammatically perfect answer based on the negligence theory will not suffice if the scenario was an intentional tort.
What subcategory applies? A battery…a trespass…a nuisance…product liability…abuse of process…misrepresentation.
If a negligence tort, are all the elements there (duty, breach, causation, damages)? The defendant may have done wrong, but if no harm was sustained, then you cannot proceed. Or damages may have been sustained, but the defendant may not have had a duty in the first place.
Which type of damages can be requested? The plaintiff may be able to request more than one. (i.e. special and punitive)
What defenses might the defendant raise? If the plaintiff consented or assumed the risk, he is barred from recovering damages.
Another challenge is remembering the meaning of Latin phrases, and under what theory and element the phrase is pertinent. The theory of negligence has three Latin phrases.
“Negligence Per Se” may be used to show a breach of duty. If a harm was caused due to the violation of a state/federal statute, and the statute was designed to protect the person who was harmed, then negligence per se arises.
“Res Ipsa Loquitur” also applies to the element of breach. Use this phrase to prove the defendant is liable for the breach: the event normally only happens if someone is negligent; the plaintiff did not negligently contribute to his own injuries; the objects or situation were under the defendant’s exclusive control; or the defendant is better able to explain the events.
“Sine Qua Non” refers to the “but for” test. This concept is handy for trying to prove causation, in particular actual cause. Show Tony was the actual cause of Antonia’s head injury by explaining, “but for Tony negligently swinging his bat, Antonia would not have been hurt.”
Two other interesting phrases are:
“Respondeat Superior” means let persons higher up answer. This can be applied under nearly all of the theories. Once you have shown that the defendant has committed a tort action, and all the elements have been proved, then you can proceed to investigate if the defendant’s bosses/company can be held liable to pay the damages. If the tort was committed under the scope of the defendant’s work, the employer may be liable. This is called going after the deep pocket.
“Slander Per Se” falls under the category of defamation torts. This concept will simplify your answer greatly if it applies. If spoken defamation occurs towards a private person about a private matter involving an item on the list, then damages are presumed! The list includes: criminal behavior, loathsome disease, sexual misconduct, or unfitness to conduct business.
Best wishes on your tests. God bless.
Jessica
Friday, November 07, 2008
Elections and Law (Posted by Gabe)
While it's a question that has nothing to do with your studies, per se, it could have a lot to do with your future if you're planning to work in the legal profession. How will this election affect the law? I'd love to hear your thoughts.
There are the obvious connections - the President, with the advice and consent of the Senate appoints federal judges, including the Supreme Court.
But what about the more subtle ways? First, of course, there is all the electioneering - as I write this, it appears that we could be heading toward a legal battle to determine the results of the Senate election in Minnesota, for instance.
And then there is the fact that our President-Elect is a lawyer himself. What will his legal perspective do to change the law?
And then there is the economy, and how it affects lawyers. The legal job market has been very tight for the past year or so, due in large part to the economic changes. Will that change?
How do you think that elections will affect the law?
There are the obvious connections - the President, with the advice and consent of the Senate appoints federal judges, including the Supreme Court.
But what about the more subtle ways? First, of course, there is all the electioneering - as I write this, it appears that we could be heading toward a legal battle to determine the results of the Senate election in Minnesota, for instance.
And then there is the fact that our President-Elect is a lawyer himself. What will his legal perspective do to change the law?
And then there is the economy, and how it affects lawyers. The legal job market has been very tight for the past year or so, due in large part to the economic changes. Will that change?
How do you think that elections will affect the law?
Monday, November 03, 2008
Thoughts on Family Law (Posted by Jenny)
Hi guys,
I know this post finds you buried under a mountain (or maybe more than one) of books, piles of papers, and a long list of things to do before finals start next week. However, I hope you'll take a minute in the midst of all the craziness to take a break, sip your favorite beverage, and read this post.
I have pondered the last couple of days what helpful tips I could give you about the area of family law. Complex, challenging, and very often utterly wrenching, (emotionally & spiritually) family law definitely pushes you to your limits and beyond. What could I tell you that will serve you well if you choose to work in this part of the legal field? Something simple, and I hope, something memorable.
Listen. Listen, listen, listen, and listen some more.
Listen as you sit in interviews with clients, listen as you talk to opposing counsel or (most often) opposing counsel's paralegal, listen to EVERYTHING your attorney says, listen as you sit in court for hearings (you can be an invaluable set of eyes and ears for you attorney), listen as you sit in on depositions, listen during the many phone conversations with your client, etc. and the list goes on...
For you will need every single bit of information you glean by listening. You will need it as you speak with your attorney, draft the 1,001 documents that will be needed, and prepare for the temporary orders and final orders hearings.
The more you have listened, the better prepared you will be to assist your attorney in carrying out your client's wishes. You will be able to remind your attorney of important details, piece together what is really going on after listening to your client and opposing counsel's versions of a particular event, and draft pleadings that are effective and complete.
Don't ever underestimate your importance as you sit in a corner taking notes, or in the back of a courtroom watching a hearing, or standing in the office listening to your attorney talk about the ins and outs of a case. You are an invaluable asset.
A family law attorney can't survive without an excellent right hand paralegal. Other attorneys in other areas of the legal field can make it with a lesser degree of assistance, but not family law attorneys.
One last thought: When you finish finals and are wrestling over whether you chose answer a or b and how many points you could have gotten or lost, remember this:
You should always strive for excellence during your paralegal studies. Study and learn as much as you can. But remember, when you begin to work as a paralegal GPAs will become less and less important in the practical world of the law office. So don't beat yourself up too much, all right?
Blessings on your finals!!
I know this post finds you buried under a mountain (or maybe more than one) of books, piles of papers, and a long list of things to do before finals start next week. However, I hope you'll take a minute in the midst of all the craziness to take a break, sip your favorite beverage, and read this post.
I have pondered the last couple of days what helpful tips I could give you about the area of family law. Complex, challenging, and very often utterly wrenching, (emotionally & spiritually) family law definitely pushes you to your limits and beyond. What could I tell you that will serve you well if you choose to work in this part of the legal field? Something simple, and I hope, something memorable.
Listen. Listen, listen, listen, and listen some more.
Listen as you sit in interviews with clients, listen as you talk to opposing counsel or (most often) opposing counsel's paralegal, listen to EVERYTHING your attorney says, listen as you sit in court for hearings (you can be an invaluable set of eyes and ears for you attorney), listen as you sit in on depositions, listen during the many phone conversations with your client, etc. and the list goes on...
For you will need every single bit of information you glean by listening. You will need it as you speak with your attorney, draft the 1,001 documents that will be needed, and prepare for the temporary orders and final orders hearings.
The more you have listened, the better prepared you will be to assist your attorney in carrying out your client's wishes. You will be able to remind your attorney of important details, piece together what is really going on after listening to your client and opposing counsel's versions of a particular event, and draft pleadings that are effective and complete.
Don't ever underestimate your importance as you sit in a corner taking notes, or in the back of a courtroom watching a hearing, or standing in the office listening to your attorney talk about the ins and outs of a case. You are an invaluable asset.
A family law attorney can't survive without an excellent right hand paralegal. Other attorneys in other areas of the legal field can make it with a lesser degree of assistance, but not family law attorneys.
One last thought: When you finish finals and are wrestling over whether you chose answer a or b and how many points you could have gotten or lost, remember this:
You should always strive for excellence during your paralegal studies. Study and learn as much as you can. But remember, when you begin to work as a paralegal GPAs will become less and less important in the practical world of the law office. So don't beat yourself up too much, all right?
Blessings on your finals!!
Friday, October 24, 2008
Congratulations, Gabe!! (Posted by Jenny)
Congratulations are in order for Gabe. At the annual alumni meeting on October 11, 2008, Gabe Waddell, (paralegal & JD graduate) was elected as president of the Oak Brook College of Law Alumni Association for the 2008-2009 year.
I am very excited to have Gabe serving as president and look forward to working with him and the other board members on paralegal alumni / student affairs. As both a paralegal and JD grad, Gabe will bring a unique perspective to his role as president and this promises to be a great year for the paralegal and JD crowds.
Congratulations, Gabe!!
I am very excited to have Gabe serving as president and look forward to working with him and the other board members on paralegal alumni / student affairs. As both a paralegal and JD grad, Gabe will bring a unique perspective to his role as president and this promises to be a great year for the paralegal and JD crowds.
Congratulations, Gabe!!
Saturday, October 18, 2008
Communicating with Clients (Posted by Jenny)
Although you are buried under lots of coursework and the “practical” legal world may seem far away, it is never too early to begin preparing yourself for what will await you if you choose to work in the legal arena after you graduate.
One of the biggest parts of your job (especially if you are the only paralegal in your firm) will be communicating with clients. Never underestimate the importance of this sometimes challenging & difficult duty.
Your attorney (even if he is like mine and very prompt at returning calls) will just not be able to speak with a client every time they call. Although we now have e-mail that comes to our phones, people often choose to call with questions / concerns as they need to hear a reassuring voice telling them matters are moving forward.
Your attorney will rely on you to pass information, calm fears, answer any concerns that you can (staying within your role of course) and pass on to him anything and everything else that he needs to know / handle.
You will have to remind yourself sometimes when calls come when your desk is full of work that HAS to get done or the client is being irritable, that you are seeing these people at some of the worst times in their lives. They are often angry / defensive because they are scared of what the future holds for them. Just as an attorney is also called a counselor, it will be your job to “counsel” clients and calm their fears.
Also, you will find that there are many questions you can answer that will save your attorney tons of time. Although you can’t give legal advice, you can explain procedures and relay information back and forth from your attorney. This may sound confusing, but it will become very clear when you work as a paralegal.
Again, I am not saying you are to give legal advice (that is your attorney’s job) but by providing a listening ear and the knowledge that you will make sure the attorney gets their messages and gets back to them when he can (as well as answering the questions you are able), you will be both an asset to your firm and a comfort to the clients who hire it.
If you had told me I would spend a great deal of time on the phone with clients, I probably wouldn’t have believed you. However, that is a big part of my current job.
I won’t lie and say it is easy. My firm specializes in criminal & family law, and things can be pretty hectic sometimes. I have had to listen to people crying uncontrollably or yelling at me. Sometimes I come home utterly exhausted and don’t even want to talk to my family. But you know what makes it worth it? To know that I have done my best for my attorney, and most importantly, the Lord.
It may be rare for a client to thank you, but you will find over time as their case progresses, they give you something more precious than a simple thank you: their trust.
Most people don’t think of the law as a customer service business. But it is and don’t ever forget it. From the first time they call and set up an appointment to the time you close their file, it is your job to do everything you can to make things as easy as possible for them.
There is so much I could say here and so many examples I could give, but I’ll leave you with this one:
When I came to the firm where I work a year ago, there were many unhappy clients because of a prior assistant. One lady in particular was difficult. I couldn’t seem to do anything to make her happy. As the months passed, however, her attitude changed. I didn’t notice at first with everything else going on, but one day she had to come in for an appointment. As soon as she walked in the door, she asked if I was Jenny. When I said yes, she told me how happy she was to finally meet me. I was totally floored. I suddenly realized we had turned the corner and that she now trusted me in a way she definitely had not before. And that made my day.
So remember when you hang up the phone someday and want to throw it across the room, your job is to support your attorney and serve your client the best you can. Even if they never say thank you, you will have the comfort of knowing you served them well. And that is why we are there, to serve our clients. And most importantly, the Lord.
Colossians 3:23-24 (New International Version)
“23Whatever you do, work at it with all your heart, as working for the Lord, not for men, 24since you know that you will receive an inheritance from the Lord as a reward. It is the Lord Christ you are serving.”
One of the biggest parts of your job (especially if you are the only paralegal in your firm) will be communicating with clients. Never underestimate the importance of this sometimes challenging & difficult duty.
Your attorney (even if he is like mine and very prompt at returning calls) will just not be able to speak with a client every time they call. Although we now have e-mail that comes to our phones, people often choose to call with questions / concerns as they need to hear a reassuring voice telling them matters are moving forward.
Your attorney will rely on you to pass information, calm fears, answer any concerns that you can (staying within your role of course) and pass on to him anything and everything else that he needs to know / handle.
You will have to remind yourself sometimes when calls come when your desk is full of work that HAS to get done or the client is being irritable, that you are seeing these people at some of the worst times in their lives. They are often angry / defensive because they are scared of what the future holds for them. Just as an attorney is also called a counselor, it will be your job to “counsel” clients and calm their fears.
Also, you will find that there are many questions you can answer that will save your attorney tons of time. Although you can’t give legal advice, you can explain procedures and relay information back and forth from your attorney. This may sound confusing, but it will become very clear when you work as a paralegal.
Again, I am not saying you are to give legal advice (that is your attorney’s job) but by providing a listening ear and the knowledge that you will make sure the attorney gets their messages and gets back to them when he can (as well as answering the questions you are able), you will be both an asset to your firm and a comfort to the clients who hire it.
If you had told me I would spend a great deal of time on the phone with clients, I probably wouldn’t have believed you. However, that is a big part of my current job.
I won’t lie and say it is easy. My firm specializes in criminal & family law, and things can be pretty hectic sometimes. I have had to listen to people crying uncontrollably or yelling at me. Sometimes I come home utterly exhausted and don’t even want to talk to my family. But you know what makes it worth it? To know that I have done my best for my attorney, and most importantly, the Lord.
It may be rare for a client to thank you, but you will find over time as their case progresses, they give you something more precious than a simple thank you: their trust.
Most people don’t think of the law as a customer service business. But it is and don’t ever forget it. From the first time they call and set up an appointment to the time you close their file, it is your job to do everything you can to make things as easy as possible for them.
There is so much I could say here and so many examples I could give, but I’ll leave you with this one:
When I came to the firm where I work a year ago, there were many unhappy clients because of a prior assistant. One lady in particular was difficult. I couldn’t seem to do anything to make her happy. As the months passed, however, her attitude changed. I didn’t notice at first with everything else going on, but one day she had to come in for an appointment. As soon as she walked in the door, she asked if I was Jenny. When I said yes, she told me how happy she was to finally meet me. I was totally floored. I suddenly realized we had turned the corner and that she now trusted me in a way she definitely had not before. And that made my day.
So remember when you hang up the phone someday and want to throw it across the room, your job is to support your attorney and serve your client the best you can. Even if they never say thank you, you will have the comfort of knowing you served them well. And that is why we are there, to serve our clients. And most importantly, the Lord.
Colossians 3:23-24 (New International Version)
“23Whatever you do, work at it with all your heart, as working for the Lord, not for men, 24since you know that you will receive an inheritance from the Lord as a reward. It is the Lord Christ you are serving.”
Monday, October 13, 2008
Trial & Error (Posted by Jessica)
Last year I was so blessed by the mentor program and all the mentors that provided encouragement and answers as I went through the Paralegal course. It is very special to be involved now as a mentor myself. I look forward to connecting with you throughout the year.
In this posting are some study tips that I acquired through trial and error last year.
1. At the end of each week take 10 minutes to familiarize yourself with the coming week’s assignments. Any extra time should be utilized to get ahead.
2. Each week start with the most challenging or time-consuming class first.
3. Read the syllabus, listen to the lecture, read the text, then do the assignment, in that order whenever possible.
4. Read for one hour then stand and stretch before reading some more. Never do one subject for more then 2 hours at a time…change subjects
5. Take THOROUGH notes, and type them up afterwards; an outline form was great for reviewing before tests.
6. MEMORIZE DEFINITIONS
7. Read the scenarios and additional cases, and seek to recognize the elements of definitions and application.
8. Use an MS Word doc or an Excel spreadsheet to record your hours. Input the times as you go through the day, but definitely before going to bed. :)
9. Memorize and meditate on a Bible verse per week.
10. Write down all the OBCL deadlines (proctor forms, etc) on every calendar you use!
11. Email your fellow classmates: encourage each other, find out if your question has already been answered, find info, and prepare together for tests.
12. Buy the CLA exam manual NOW. Read a little bit at a time through the year.
13. When preparing for tests, re-read your notes, and go through them marking important things with a highlighter. Then have someone quiz you on definitions and the highlighted sections. Also think through possible scenarios to which concepts may be applied.
14. PROOF-READ, PROOF-READ, AND PROOF-READ AGAIN. Always try to have another pair of eyes look over a paper before you send it in. Your own brain will put in what you meant to say versus what is actually there. :)
15. During Break Weeks:
Do NOT study AT ALL the first day.
Read the CLA exam manual sections that pertain to the classes you just finished.
Read the OBCL syllabus for the coming week and start working on the assignments to get ahead. This will create a valuable buffer zone of extra time to work on challenging writing assignments or if you need to take time off later in the quarter.
God bless you as you press on in your studies. Contact me if there is any way I can be of assistance, or if you ever need a prayer partner.
Monday, September 22, 2008
Organizing Study Time. (Posted by Gabe)
As you kick things off, you're going to find that there's a natural progression for each subject. You'll start out panicking because nothing makes sense, and then as you keep working you'll see all the pieces fall together into a unified whole. I would bet at this stage of the game you've felt the panic - but never fear; keep at it and you will experience the "falling together" part.
But what you will also discover is that not all subjects are created equal - and even within subjects, not all lessons are created equal. Some subjects, and some lessons, will be easy and understandable for you, while others might require some digging, extra memorization, and research. I'm sure that you've already seen that, too.
It is on that basis, though, that I recommend my plan of attack for each lesson. While there are any number of ways to approach each week - and you need to find the approach that works best for you and your schedule - the truth is that you can't adequately approach each lesson until you have an idea what that lesson entails. Starting with a goal of, say, getting through each subject in a day is an excellent idea, but some subjects and lessons are going to require extra time, and others less time, so flexibility is key.
I'd recommend that you make your first task in each week going over each subject for that week, so that you can have an idea how to allocate your time for the week. Then take the subject that looks the most challenging, and move on from there. And don't forget, after a few lessons you'll want to save some time at the end of each week to review!
If you take that time at the beginning of each lesson, you'll find it easier to avoid falling behind, because you'll have an idea what's coming up next, and be able to budget your time. You'll be more flexible, and be comfortable giving the tough issues more time because you can sail right through the easy stuff.
Those are my ideas, but you are welome to provide your own! What has worked for you so far?
But what you will also discover is that not all subjects are created equal - and even within subjects, not all lessons are created equal. Some subjects, and some lessons, will be easy and understandable for you, while others might require some digging, extra memorization, and research. I'm sure that you've already seen that, too.
It is on that basis, though, that I recommend my plan of attack for each lesson. While there are any number of ways to approach each week - and you need to find the approach that works best for you and your schedule - the truth is that you can't adequately approach each lesson until you have an idea what that lesson entails. Starting with a goal of, say, getting through each subject in a day is an excellent idea, but some subjects and lessons are going to require extra time, and others less time, so flexibility is key.
I'd recommend that you make your first task in each week going over each subject for that week, so that you can have an idea how to allocate your time for the week. Then take the subject that looks the most challenging, and move on from there. And don't forget, after a few lessons you'll want to save some time at the end of each week to review!
If you take that time at the beginning of each lesson, you'll find it easier to avoid falling behind, because you'll have an idea what's coming up next, and be able to budget your time. You'll be more flexible, and be comfortable giving the tough issues more time because you can sail right through the easy stuff.
Those are my ideas, but you are welome to provide your own! What has worked for you so far?
Saturday, September 20, 2008
Welcome, Class P08B! (Posted by Gabe)
Hey guys--
I'm so glad that each one of you has decided to participate in OBCL's paralegal program. You're in for a challenging year, but one that has the potential to give you valuable knowledge and life-long career possibilities.
This blog is designed to give you information to make this next year easier, but more than that, it is the opportunity for you to interact with your fellow classmates. So comment often, and if you would like to write a full blown post, please do so, and e-mail that to me!
And check back often as you progress through the coursework!
God bless.
Gabe
I'm so glad that each one of you has decided to participate in OBCL's paralegal program. You're in for a challenging year, but one that has the potential to give you valuable knowledge and life-long career possibilities.
This blog is designed to give you information to make this next year easier, but more than that, it is the opportunity for you to interact with your fellow classmates. So comment often, and if you would like to write a full blown post, please do so, and e-mail that to me!
And check back often as you progress through the coursework!
God bless.
Gabe
Friday, July 18, 2008
When the Dust Settles (by Gabe)
Now that the dust has settled around the landmark gun case District of Columbia v. Heller, the District is in the process of implementing the court's ruling. If you weren't following this case, you can read the synopsis here.
[NB - Wikipedia is a horrible source to cite for legal information; if you have "mandatory authority" and "persuasive authority," Wikipedia probably falls under "no authority at all." But I did find this particular article to be a good summation.]Yesterday, the emergency legislation passed by DC in order to comply with the Court's ruling was put into place, and the office opened for legal registration of handguns. Only one application was received on the first day - that of Dick Heller, the plaintiff in the case. And his application was rejected!
Read the full WaPo story here.Now, I'm not going to argue that this denial was an error, necessarily - the District officials had their reasons (and Heller's attorney had his reason not to comply!). But what I'm interested in, in all this, is the gap between theory and practice. SCOTUS laid down the theory, and now we're into real life - read that WaPo story for a fascinating real-life legal conundrum where the rubber meets the road.
Wednesday, July 02, 2008
A Gate Once Opened…Swings Wide (by Jessica Mulder)
Ed. Note - This is the first article submitted by student ranks, which excites me greatly; I think this is a great opportunity for you. Keep 'em coming!
-Gabe
********
Back in 2005, many were startled by a Supreme Court case, which originated in my home state of Connecticut. Kelo v. City of New London, 545 U.S. 469 (2005), gave unprecedented new power to the doctrine of Eminent Domain. Prior to that case, Eminent Domain allowed towns and states to take private property only for the purpose of “public use," and the town had to provide a hearing process and compensation for the owners. Kelo went to court because the city had authorized a separate organization (in the city’s name) to buy or take all property in a given area to develop a new office/retail center (definitely not public use – like a highway or park). When the homeowners refused to sell, their property was condemned.
The Supreme Court ruled against the homeowners, saying that under the 5th Amendment governments had broad taking powers. Due to Kelo, if a city wants a piece of property for any reason, it can be taken with almost no remedy to the owner beyond what the city decides to give as compensation (often well below market value). When this case was decided, I realized it was opening the way for bad things to happen.
Today I discovered a shocking aftermath of this case. In Texas a Christian ministry protested the city’s plan to allow sodomite parades. Now the ministry has been told to vacate the property it bought debt-free years ago. The town has decided to build a fire house on the spot. There is no recourse for this ministry, and what the town is offering as compensation is very small. A dangerous interpretation by the Supreme Court bears fruit in just 3 years.
Please pray for this ministry.
Monday, June 30, 2008
Some Blog Changes. (Posted by Gabe)
Hopefully each of you students received an e-mail from Jenny explaining a couple of changes about the blog. And I hope you are excited about the possibilities!
Heretofore, the blog has been written by the mentors, and open for content by students. But the goal of the blog is to provide you, the students, with a way of interacting with each other. So we'd like to open up the main page, and let YOU write articles to spark discussions. It'll give you a chance to hone your legal analysis and communication, and a chance to get to know each other better.
So write away! If you want to contribute, send your contributions to me at voxlucens@gmail.com. You can write long articles, or short articles, or even just send me stories you thought were applicable to your studies, with a paragraph of commentary.
Looking forward to hearing from you.
Heretofore, the blog has been written by the mentors, and open for content by students. But the goal of the blog is to provide you, the students, with a way of interacting with each other. So we'd like to open up the main page, and let YOU write articles to spark discussions. It'll give you a chance to hone your legal analysis and communication, and a chance to get to know each other better.
So write away! If you want to contribute, send your contributions to me at voxlucens@gmail.com. You can write long articles, or short articles, or even just send me stories you thought were applicable to your studies, with a paragraph of commentary.
Looking forward to hearing from you.
Tuesday, June 24, 2008
Constitutional Food. (Posted by Gabe)
As you are studying Constitutional Law, I found the following Slate article to be entirely appropos. I'm afraid it reminds me, in the Constitutional Law sense, of the old saying about "laws and sausages."
Can Prison Food be Unconstitutionally Bad?
Can Prison Food be Unconstitutionally Bad?
Wednesday, May 28, 2008
Constitutional Law Teaser. (Posted by Gabe)
I had every intention of writing a full-blown Constitutional Law overview before now, but then life happened. I'm preparing to head out of the country for a week on a last-minute trip to the Pacific, so I thought I'd at least do a ConLaw teaser before I left.
There is one concept as you study ConLaw that is absolutely essential, and perhaps surprisingly, it isn't even found in the constitutional text! Over the years, as the Supreme Court has evaluated the myriad of issues that come up in the constitutional context, the justices have formulated three tests – strict scrutiny, intermediate scrutiny, and rational basis. These tests, and their variations, form the lifeblood of constitutional analysis.
Your job in ConLaw is to know those tests cold, and know what governmental actions trigger each one. If you can do that, you are well on your way to understanding ConLaw.
But that brings up an interesting question. These tests are highly useful tools, but they are nowhere in the constitutional text. Do you think these three tests are a valid tool of constitutional interpretation?
Friday, May 09, 2008
Resurrection (Posted by Gabe)
I have had every intention of posting over here for months, and life has taken over (if you're interested, you can see work here and life here). But as you get ready to start your Fourth Quarter, we would like to resurrect this resource and begin posting much more frequently.
You have some great classes this semester. I'm psyched to be your mentor for Constitutional Law, my all-time favorite subject, and the other courses are going to be highly practical for you as you not only prepare for the CLA exam, but also for being a practicing paralegal.
But in order for this blog to be a success, we need help from you. While I'm certain that each of us mentors can come up with things to write about, the best subject matter that we can right about is that which is in response to your needs! So here's what you can do--
- E-mail questions! Don't be shy about asking away. Our answers can form the basis of blog posts that can be a blessing to the whole class.
- Send me your URL! I would love this blog to be more than just a list of articles; it can be a way to link paralegal students and grads together. If you have a blog or website, let me know and I will put it in the blogroll.
- Leave comments and feedback! In fact, if you found a helpful idea or tip that you'd like to share with your classmates, write it up and e-mail it to me—we can post it here for everyone's edification.
Thanks to the Internet, even a distance learning program offers the chance for you to interact with your classmates. Use this blog as your chance to do just that!
Stay tuned for more to come.
Monday, January 07, 2008
A Diversion... (Posted by Gabe)
Every once in a while, in the midst of what can be tedious legal studies, a story comes out that makes it fun...
Hot Wings and a Waiver to Go
Hot Wings and a Waiver to Go
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