Classifications Law

How to Become a Paralegal

How to Become a Paralegal

Requirements for becoming a Paralegal:

Currently, paralegal certification is a voluntary procedure; there exists no mandatory examination for legal assistants to assume such roles in the United States. That being said, an individual will increase their chances of landing a paralegal job and subsequently landing a job with higher pay if they possess a background in the skill-set required to effectively handle the job. 
For instance, an individual with experience writing legal briefs, conducting legal research or interviewing perspective clients has a better opportunity of landing a job then someone who is inexperienced regarding these particular skills. Additionally, individuals who have enrolled in paralegal courses, have obtained paralegal certification or who have completed classes revolving around the skills required for the job, are more likely to land a role within a law firm or government agency as a paralegal.
Paralegal certification is a subject of considerable interest among the various paralegal organizations, state legislatures and state bar associations. With that in mind, Paralegal certification demonstrates to employers, such as government agencies or law firms, a commitment to the profession and a mastery of a distinct skill set and knowledge to complete the various tasks required in the field. These skills and knowledge are tested in various paralegal certification examinations; such testing will inspect an individual’s knowledge over legal procedure, writing skills, communication abilities, ethics, as well as research abilities. 
Paralegal certification may incorporate a variety of examinations, issued by legal organizations throughout the United States. For instance, the National Association of Legal Assistants is a sponsoring agency which issues certification examinations. To become eligible for paralegal certification within the National Association of Legal Assistants an individual must graduate from a legal assistant program that is approved by the American bar Association, obtain a bachelor’s degree in any field plus obtain one year’s experience as a legal assistant. 
The examination itself is a two-day comprehensive test based on federal law and procedure; the primary subject areas of this particular paralegal certification test are Ethics, Legal Research, Communications, Interviewing Techniques, Human Relations, Legal Terminology and Judgment & Analytical Ability. 
Enrolling in Paralegal Courses:

Although there are no mandatory educational or certification-based requirements to become a paralegal, individuals interested in the occupation are recommended to enroll in various paralegal courses to bolster their opportunities of landing job, to increase their ability to fulfill their responsibilities, and to increase their pay throughout their career. These paralegal courses will teach a candidate how to succeed as a paralegal. An individual can enroll in paralegal courses online, through an associate degree program or by focusing on the field as a major in an accredited university. 
That being said, there are numerous types of paralegal courses an individual can enroll in; all paralegal courses focus on specific or general functions of the paralegal. Taking the time to find paralegal courses that provide particular benefits to the candidate’s specific desires will increase the individual’s specific skill set and in turn, increase their ability to land a high-paying paralegal job. 

Can You Get an Online Paralegal Degree?

Can You Get an Online Paralegal Degree?

What is an Online Paralegal Degree?

A paralegal degree is one option future paralegals have to obtain the education required to work in the profession. An online paralegal degree offers a prospective paralegal the ability to learn how to write legal briefs, research lengthy court documents and how to properly conduct interviews with potential clients or witnesses. 
These functions, which are required to assume the role as a paralegal and fulfill the required responsibilities the job demands, can be obtained through various online paralegal degree programs.
The American Bar Association has approved paralegal education programs and online paralegal degree programs to assist students and prospective paralegals in finding quality paralegal education. The America Bar Association; however, has prohibited obtaining a paralegal degree solely through use of online paralegal degree programs. 
That being said, numerous programs offer one or more required paralegal certificate classes online and a few schools throughout the nation will offer completion through distance learning through the use of webcam or television technology. 
Rules Regarding an Online Paralegal Degree:

According to the American bar Association for Paralegal Education training, paralegal degree programs are typically designed for students who already earned a Bachelor’s or Associate’s degree. The American Bar Association implemented various guidelines in 2008, which formally addressed online components to paralegal degree programs. To meet these ABA requirements, institutions now offer and require students to complete the equivalent of ten semester credits in a traditional classroom environments; classes offered online must in turn, meet certain requirements, instituted by the particular university in accordance with the ABA’s requirements.  
How do I obtain an Online Paralegal Degree?
The American Bar Association maintains a list of all approved paralegal programs in the United States; the list, which also includes an additional 148 paralegal certification programs, may be found on the ABA’s website.
Various institutions throughout the United States offer online paralegal degree programs as components of the traditional, classroom paralegal certification offerings. For example, the University of California at Irvine states that at least half of its course requirements, 15 units, must be completed in a traditional setting to earn a paralegal degree. 
That being said, other institutions, such as the Center for Advanced Legal Studies, will allow students to complete their paralegal degree in ten months through use of its Online Interactive Instruction System.  Classes in this setting will use live teaching via a webcam; students in these online programs will interact with instructors and other students in satellite locations. 
As a result of the rules and requirements delivered by the ABA, an online paralegal degree may only be earned if the student satisfies both his or her online degree requirements and his or her traditional classroom requirements. The online paralegal degree, is thus a hybrid of sorts; students must partake in both the traditional classroom aspect and the webcam portion to earn an online paralegal degree.

The Ultimate Guide to Classification of the Law

The Ultimate Guide to Classification of the Law

Federal v. State Law:

The United States legislative system operates under the doctrine of Federalism. Federalism dictates that the law making duties of the nation will be shared and divided amongst the federal and state legislatures. This creates a central uniformity but an interstate diversity of laws and statutes. While the state governments have the power to make law to govern the citizens, visitors and residents of their state, they may not impose regulations that conflict with the United States Constitution or the Federal laws thereby created to maintain it’s power.
Federal

Paralegals work in fields of Federal law when their client’s bring them work involving constitutional issues, federal statutes or federal regulations. When a client’s request involves these issues, it is said to involve or raise a federal question. These actions normally concern the reach or scope of the federal governments involvement in a client’s affairs, as paralegals will normally not be involved in larger proactive revisions to federal law or the constitution.


State

While the Federal Government is bound to only make laws that execute the enumerated powers in Article I, Section 8 of the United States Constitution, the statutes made by the State governments have a much broader realm of application. So long as state laws and statutes do not violate the guidelines of the Federal Constitutions, they generally are free to govern the well-being of the citizens at the state’s discretion. Policies regulated at the state level include divorce, adoption, gambling, marriage, age of consent and many other crucial issues.


Criminal v. Civil

Any paralegal going to work for an active litigator in the United States will likely perform their job under one of two branches of the law: criminal or civil. Both branches of the law represent two entirely different forms of legal practice, and though they have many similarities, they serve entirely different purposes in the American legal system. Criminal law particularly refers to the field of law that covers crimes that have violated the laws of the state, and therefore must be prosecuted by the state. 
Criminal prosecutions generally seek legal sanctions against accused offenders that are then carried out by the state. Civil law particularly refers to disputes between two parties, where one party is accused of injury the other in a tangible or intangible way (such as through physical harm or financial exploitation), and the injured party seeks some form of financial restitution as a result.

Comparisons
There are many similarities and differences between civil and criminal law that anyone involved with the law, such as a paralegal, should be very well aware of. Both civil and criminal law are based around the decisions rendered by a decisive legal entity, such as a judge or jury of the defendant’s peers. Both categories also require optimal ethical behavior towards the court and in the execution of a client’s interests. 
This includes due respect of the obligations of full disclosure and of the attorney client privilege. The differences perhaps outweigh the similarities though, as civil and criminal law each seek substantially different form of punishment, and require substantially different “standards of proof”. Civil law generally seeks financial restitution on the behalf of an injured party, while criminal law seeks criminal sanctions on behalf of the state.


Type of Harm

Criminal law and civil law are both invoked by injured parties when a particular harm has been done to another by another party in question. In general, these branches of law deal with the type of harm done and the recourse’s available to the injured. For harm done to individuals, the individuals themselves raise civil actions under civil law. These civil actions generally aim to seek financial restitution in the form of legal remedy, for injuries inflicted upon them (financial, physical, or otherwise). 
For harm done to society, charges are pressed by the authorities under criminal law. Punishments for violations of criminal law are implemented by society in the form of incarceration or other penalties of the state.  What determines whether or not a particular injurious action is a harm to society is governed by both federal and state criminal law. It is commonplace for injurious action to result in both criminal and civil charges.


Names of Parties/Prosecutor of the Claim
The parties in a legal action take a variety of designation within the legal system that stipulate their role in the proceedings. In civil proceedings, the party initiates the original action seeking a legal remedy is called the plaintiff, sometimes referred to interchangeably as the as the claimant or complainant. The party required under law to to respond to the plaintiff’s claim before the court is called the defendant.  
The defendant, or someone acting on the defendant’s behalf, is required to present a defense to the plaintiff’s charges before the court. An individual brought before court charged with a crime in a criminal proceedings, sometimes called an arrestee, would also be referred to as a defendant. Individuals who levy criminal charges on the behalf of the state in penal proceedings is called the prosecutor, who is typically appointed by the court or, in the case of District Attorneys, elected by popular vote.


Standard of Proof

The Standard of Proof in the court system is generally the level of proof necessary to satisfy the burden of proof for the case. The Standard of Proof varies from case to case, and is the condition of duty to satisfy the court that the plaintiff or prosecutor’s allegation is true. 
If the standard of proof has not been met, it is generally the duty of the deciding party of the court, whether it is a judge or jury to decide against the plaintiff or prosecutor’s charge. Though the Standard of Proof varies from charge to charge, there are main differences between all Civil and Criminal Standards of Proof. In criminal court, the standard of proof is guilt “beyond a reasonable doubt” while in civil and tort, the standard of proof is “preponderance of evidence”.


Judgment

The judgment is the end result of a legal action in either civil or criminal law. The nature of a judgment is entirely reliant on the nature of the case as well as the proceeding. In criminal proceeding, it is the the job of the deciding body, whether it is a judge or jury, to make a determination of guilt about an accused party, which must be made based upon a reasonable doubt. In civil litigation, the deciding body makes a determination based on preponderance of evidence, and based on that preponderance must determine which side of the case they favor.  If they find in favor the plaintiff, than they will require the defendant to make remedy and restitution to the plaintiff. If they find in favor of the defendant, then the defendant is exempted from legal liability in the situation.

Sanctions/Remedies

Sanctions and remedies represent the two major forms of penalties outlined by the judicial system. Sanctions predominantly are the domain of criminal law, representing the punishments that can levied by the state on a guilty party. Sanctions typically take the form of fines remitted to the state, restrictions of individual rights, probation, incarceration, and in cases of the most severe crimes, some jurisdictions can implement a sentence of death. Remedies are penalties that can usually be extracted from an injuring party in civil cases. Remedies usually take three forms: damages, equitable remedy, and declaratory relief. 
Damages represent remittances made to an injured party in restitution for an injuries. They can be compensatory, meaning that they repay for expenditures caused by the injury, or they can be punitive, meaning that they are implemented to punish the offending party. Equitable remedies happen in the case of contract disputes, where services that are designated by contract of legal agreement are required to be completed per that agreement. Declaratory relief effects the legal status of an individual, and usually pertains to civil proceedings that involve divorce, child custody, adoption, or estate management. 
Sources of Law:
Both criminal and civil law have their basis in the original genesis of law, and even of society, but they way in which they evolved into their present forms were entirely different. Each branch of the law developed from their different cultures and through different elements of society. Civil law has its basis back in Roman law, where legal action was codified as enacted between arguing parties.  As the influence of Roman Law spread, the means of legislating laws that handled disputes between parties spread, and through codification through the ages became what we currently know as civil law. 
Criminal law has a basis in the very earliest civilizations, even within the earliest civil codes. However, criminal code really did not become autonomous doctrine until in the aftermath of middle ages and before the formation of nation-states, when the Church still had influence on local law and government. The government would prosecute individuals on behalf of the Church for violations against God and society. As nations developed an the Church lost influence, the central concept of the system prosecuting criminals on behalf of society had taken hold, giving us our modern criminal justice system. 
Criminal Law:
Criminal law represents one of the most important aspects not only of our legal system, but of all civilized society. Criminal law oversees the implementation of the laws that govern conduct in public society, and it is their ability to be enforced accurately and effectively that help lead to a peaceful society. In the legal system, especially for paralegals, it is naturally an area of law that requires strict attention to facts, evidence, and procedure, as lives are sometimes literally at stake during a criminal case, especially the future of the defendant, as well as the importance of justice that any fair society claims as its own.  Of foremost importance is understanding the Types of Crimes
In general, crimes are acts that incur punishment according to criminal statutes that are set forth by a governing body. They may be divided into varying categories depending upon the penalty attached to each crime. Such subdivisions include that of felonies, misdemeanors, and infractions. Rating each category is such an order reveals a hierarchy from most severe to least severe. Within the venue of felonies, serious crimes such as murder, rape, and armed robbery reside, which are most often accompanied by sentences of incarceration, generally of more than a year. 
In terms of misdemeanors, however, we find the gray area in which such offenses are not as serious as felonies, yet also not as minor as infractions. Typically they involve sentences of less than a year. Infractions are minor offenses that usually only lead to fines or public service as penalties for their commission. An additional kind of crime that actually falls within the category of felonies is that of white collar crime. 
Such a crime, though seemingly less grisly when compared to murder, does support quite a basis for its inclusion within such the highest category. White collar crime operates in such a way that it strips individuals of well earned livelihoods, which is akin to that of high scale robbery. Acknowledgment of such differences in criminal acts as well as legal processes attached to them is an important step in the adequate practice of law as a paralegal.
Establishing a Prima Facie Case
When establishing a prima facie case, which translates literally as “at first view,” evidence must be provided in order to prove the adequate existence of facts related to a criminal case. It serves the purpose of providing an adequate basis for which a case may be established, along with setting the groundwork for all subsequent legal proceedings. The strength of such a case composed of witness accounts as well as other significant information will add to a judge and/or grand jury’s shared belief in the need for such a case to come to trial, which would then demand the time and attention of the judicial system. In criminal law, the prosecution possesses the “burden” of setting forth “prima facie evidence.”

    
Civil Law
Civil law represents legal actions that occur between two parties, and they can be contested for many reasons, with a multitude of desired results. Before any civil action can be undertaken, the plaintiff involved must be able to Establishing a Prima Face Case
Within civil litigation, the “burden of proof” is entirely the responsibility of the plaintiff. In the pursuit, then, of establishing a prima facie case, the plaintiff must establish to the court a basis for which to legitimatize desired civil proceedings. In doing so, they will hopefully eliminate any possibility of the case being dismissed. 
All forms of legal evidence, such as factual evidence, witness testimony, as well as proof of injury, must be presented to the court to ensure that adequate civil process will be put into action. Following the establishment of a prima facie case, then the legal proceedings may proceed onward to an appropriate conclusion, where damages are hopefully acquired in the form of fiduciary compensation.
Defenses

Providing and acquiring an adequate or better defense is significant to the discontinuance of appropriate legal proceedings. This is especially true of a defendant who believes that he or she should not be held liable for claims set forth by the plaintiff. Examples of such particular defenses include that of affirmative defenses. These can be defined as defenses that are based on the presentation of new facts that had nothing to do with the case at the onset.
These facts will not invalidate the actual claims against the defendant, however. They operate with the express purpose of providing the possibility of lessening the severity of such claims by the addition of information that may shed a renewed light upon the circumstances that the case has now created.
                           
Damages
Damages represents the form of remedy that most plaintiffs usually seek as a consequence of civil proceedings. In most cases, the plaintiff may have been injured or caused some type of harm (which may be physical, financial, etc.), for which they then believe they must be compensated for as a means of remedy.  The plaintiff then initiates civil proceedings against the defendant in hopes of seeking such remedies for their injured state, which are referred to as damages. 
Such damages can be divided into distinct categories that include: compensatory damages, future damages, incidental damages, and that of the punitive kind. Though each is representative of their individual circumstances, compensatory damages may be broken down further to categories of general and special. 
Damages may not be the conclusion of the exchange or distribution of monetary considerations, however. One other specific cost is that of the plaintiff’s attorney’s fees, which the defendant may also be obligated to compensate for in certain instances (more commonly outside of the United States).


Contracts
Disputes concerning contracts represent an area of civil law that often leads to legal proceedings. This is due to the fact that the drawing up of a contract is a legal process in and of itself, and thus violations of contracts entail a de facto violation of the law. The usual consequence that leads to eventual civil litigation occurs when one party breaks such an aforementioned contract. In cases where judges do rule in favor of the plaintiff, the remedies that may be called for may not necessarily take the form of damages or punitive actions toward the defendant. 
The main agenda of a court in such a case, is to ensure that such a contract is fulfilled in any way possible, which is called an equitable remedy. If, for any reason, the defendant is unable to abide by the terms of the contract, then the court may then seek remedies from the defendant in lieu of being unable to render an adequate completion of the contract. 

Understanding Criminal And Civil Law

Understanding Criminal And Civil Law

 

Any paralegal going to work for an active litigator in the United States will likely perform their job under one of two branches of the law: criminal or civil. Both branches of the law represent two entirely different forms of legal practice, and though they have many similarities, they serve entirely different purposes in the American legal system.

Criminal law is the branch of law that pertains specifically to violations of the laws of the state.  Cases contested under criminal law will almost always involve a representative of the state taking legal actions against an individual or group based upon the latter having violated a criminal statute. Criminal statutes are laws in which the behavior of society is restricted within civilized parameters. To put it more simply, it enforces good behavior, and punishes bad.  Prosecutors in a criminal matter represent the state and its citizens; while by proxy that may include a wronged party, generally speaking the prosecutor is not a legal representative for any victims of a criminal violation. Contact a civil lawyer to review your case.

In criminal cases, the purpose of the prosecution's case is to see that sanctions

What You Don’t Know About Sanctions Remedies

What You Don't Know About Sanctions Remedies

Sanctions and remedies in legal actions are two legal terms that every paralegal should be aware of that correlate to the end results of legal judgments.  Sanctions are usually the result of a criminal proceedings, though they can exist in some civil procedures.  
Remedies are usually the result of decisions that are made in civil actions.  In both cases they are commonly enacted when the action in question meets a positive outcome for the one undertaking it.  This can mean a guilty verdict for a prosecutor, or a finding of favor on the behalf of a civil litigator. 
Sanctions in legal terms refer to a judgment that implements a restriction on a party based on a violation or an injury to another party.  In criminal cases, sanctions are specifically called criminal sanctions, and usually refer to the punishments levied against criminal violators.  
A prison sentence given to a criminal found guilty would be a criminal sanction, as would be a severe fine given to the government.  An implementation of a restraining order would also be considered a form of criminal sanction. 
Sanctions can also happen in civil procedures, but they are usually not associated with positive outcomes of the case.  Usually, they take the role of fines or decisions levied against a participant in the proceedings for misconduct.  A fine or brief prison sentence for contempt of court would be an example of a civil sanction.  
Throwing a case out entirely when it is determined to have been improperly made (through something like falsified evidence), would also be a civil sanction.  It should be noted that many of these scenarios can also occur in criminal cases, as well. 
Legal remedies occur exclusively in civil actions, and they represent the decisions, levied by the court, where one party has to “remedy” their legal violation to the other party.  Remedies generally take three forms.  The first is commonly damages, where one party makes a payment to the other due to the settlement of the court.  Damages take two forms: compensatory and punitive.  
Compensatory damages compensate an injured party for the loss their injuries (which could by physical, financial, social, etc.) have caused them.  Punitive damages are compensations where the injuring party has been determined to have acted with such negligence or malice that they deserve punishment in the form of making additional restitution.  
In both cases, the restitution’s go to the injured party.  Many civil cases often seek both compensatory and punitive damages, they do not require exclusive proceedings for each.
Another form of legal remedy is equitable remedy, which is usually rendered in cases that involve violation of a contract or legal binding agreement.  When an equitable remedy is levied against a party, it essentially means that they legally required to fulfill the terms of their original agreement.  
Equitable remedies may be accompanied by compensatory and/or punitive damages, depending on the nature of the case. The final form of remedy is declaratory relief, where the court makes a determination on a group or an individuals legal status based on a civil suit.  Declaratory remedies, more commonly known as declaratory judgments, are not always decisions based on injury.  
Usually, they serve the purpose of settling a legal dispute between parties, or determining legal status of an individual.  Decisions in adoption proceedings or over child custody can be declaratory judgments, as can divorce decisions.  Like other remedies, declaratory judgments can be coupled with other forms of remedy, depending on the nature of the proceedings.