PA 106: Legal Transcription and Terminology

Unit 1: Welcome, Civil Procedure, and the Client Letter

About the Course

The syllabus will guide you throughout the course. It will remind you when graded items are due and what we are studying during each unit.

You can see from the syllabus a breakdown of your gradebook – that shows what papers are worth more than the others.

Office Hours

I will hold my office hours via the chatroom located in the classroom every Monday from 9 to 11 am EST. If you cannot make it during this time but would like to meet with me, please either email me or post a note under Ask the Prof. and we will arrange for a different time to talk.

Seminars

Seminars will be held every Wednesday at 9:00 pm EST. I arrive in seminar right at 9 because I have a class immediately preceding this one. But I will stay after class in case anyone needs or wants to talk.

Seminars are graded –if you cannot make it, you can write a 2 page summary and send it by email to earn your points.

Seminars (cont.)

Seminars are graded –if you cannot make it, you can write a 2 page summary and send it by email to earn your points.

If you try to enter the seminar but it won’t load, and you’ve been trying for 5-10 minutes, you should head over to the chatroom in the classroom. We call this Plan B.

In the rare event that neither the seminar platform nor the chatroom is working, we will have to reschedule the seminar.

What’s This Course About?

The law is its own languageHere you will learn basic terminology that

we use in the law, and how to apply itUnderstanding what the terminology

means and how to use it in oral and written communication is key

To learn this basic terminology, we will study different areas of the law

What else will you learn?

You will learn the basic procedures for transcribing, formatting, and processing legal correspondence and documents

You will learn the appropriate use of legal terms, phrases, abbreviations, symbols and reference sources used by attorneys, paralegals and courts.

What else will you learn?

You will learn the pronunciation, spelling, and definition of legal terms, phrases, abbreviations, symbols and reference sources used by attorneys, paralegals and the courts.

How will you do this?

Draft client correspondence and legal forms and documents

Transcribe legal documents Interact effectively in professional

contexts Use legal terminology to conduct

effective interviews with clients, witnesses and experts.

How Will You Be Graded?

SEMINARS 5 POINTS EACH

DISCUSSION BOARD 20 POINTS EACH

UNIT 1 ASSIGNMENT 60 POINTS

UNIT 2 ASSIGNMENT 60 POINTS

MIDTERM EXAM 90 POINTS

UNIT 5 ASSIGNMENT 130 POINTS

UNIT 7 ASSIGNMENT 60 POINTS

UNIT9 ASSIGNMENT 180 POINTS

QUIZZES 20 POINTS EACH

FINAL EXAM 180 POINTS

PROJECTS

LETTER TO CLIENT UNIT 1

TIME DEADLINES UNIT 2

TRANSCRIPTION: COMPLAINT

UNIT 5

LAST WILL AND TESTAMENT

UNIT 7

TRANSCRIPTION: DISSOLUTION OF MARRIAGE

UNIT 9

Grading Rubrics

We use rubrics to assist us with grading your discussion board contributions and your written work.

These are located in the syllabus. Please review them and let me know if you have any questions about them.

Online Library and Lexis

Should you need additional material, you are welcome to use the online library and Lexis Nexis. Both are available to you as a student in Legal Studies.

You can access the library from your desk page. After clicking on the library tab, click on “electronic articles” and then on Lexis Nexis.

Academic Success Center

Take advantage of the free academic support services available through the Kaplan University Academic Success Center, including:

Writing Center Math Center Paper Critiques Online subject-matter references and tutorials Live online tutoring

Any Questions?

This Week: Civil Procedure

We will learn the basics of what civil procedure is, and the process of filing a lawsuit.

You will conduct Internet searches and post your findings to the Webliography area in the classroom.

You will take a graded quiz at the end of the week to measure your understanding.

You will turn in your first assignment by Tuesday night.

Flashcards

There are flashcards in every unit where you can practice your understanding of the vocabulary and terminology that we are studying.

The flashcards are located in the last file of the eBook, AppendixIndex.pdf in Doc Sharing. You can print them out if you wish to do so.

Civil Procedure and Filing a Lawsuit

In our court systems, we have civil law and criminal law.

If you have a civil action, it must be filed in the appropriate civil courthouse. Civil actions are between private parties.

A criminal action gets filed in a criminal court. A criminal action is filed by the state.

Filing a Lawsuit

When a person files a petition or a complaint, that person is initiating a lawsuit against someone else. To file that, the person has to claim or allege in the complaint a cause of action against someone else.

The plaintiff is the person filing the complaint, and the person against whom it is filed is the respondent or defendant.

Rules of Civil Procedure

Every state has rules that spell out how the parties are supposed to proceed once a lawsuit is filed. These are the Rules of Civil Procedure.

One rule relates to how long a defendant has to file an answer to the plaintiff’s complaint. Some defendants can file a responsive motion instead of an answer.

The complaint and answer together are known as the pleadings. A plaintiff must demand a jury trial in the complaint or waives that right.

Service of Process

When the plaintiff starts the lawsuit, he or she serves a copy of the complaint on the defendant with a summons.

This is what we refer to as “service of process.” Service is made by a constable or other like person.

Service on the opposing party is documented and proven by an affidavit of service.

Motions and Defendant’s Claims

The defendant can file motions at the pleadings stage of a lawsuit.

A typical motions at this time are a motion to dismiss.

If the defendant answers the complaint, he can file a cross or counter claim, or can file an affirmative defense.

Pretrial Discovery Process

The next phase of litigation involves learning in detail about the parties’ respective claims by examining documents and witnesses. This is known as the pretrial discovery process.

This stage can last 10 months to a year or sometimes longer.

Methods of Discovery

Depositions (oral testimony of any witness)

Interrogatories (written questions – only to parties)

Request for Production of DocumentsRequest for AdmissionsRequest for Inspection Request for Medical Examination

Pretrial Motions

Parties may file pretrial motions to resolve issues before the trial begins. Pretrial motions can be made at any time – not just at the pleadings stage.

A respondent may file a motion to dismiss or a motion for summary judgment.

Any party may file a motion to exclude certain types of evidence that the other side intends to present. The judge alone decides the motion.

Trial

If the parties cannot resolve their dispute, the action proceeds to trial.

A jury is empanelled and voir dire may occur.

Evidence is presented by both sides.The plaintiff has the burden of proof on

the claims in the complaint, and the defendant has the burden of proof on any affirmative defenses in the answer.

Examining Witnesses

When a party is presenting a witness, he or she will conduct a direct examination of that witness.

If the opposing side then wants to question the witness, the opposing side will conduct a cross examination of that witness.

Jury Deliberations and Verdict

After all of the evidence has been presented, the parties make closing arguments.

The judge then reads jury instructions and sends the jury to deliberate. The jury is sequestered during this time.

The jury returns a verdict, and judgment is entered. An appeal is the only way to change the verdict.

Any Questions?

This Week’s Project

For this week’s assignment, you shall compose a letter addressed to your attorneys’ client and explain to him the initial process of a lawsuit up to the filing of the pleadings. Be sure to use the terminology that you have learned in this unit. The letter should be properly formatted and demonstrate strong written communication skills.

This Week’s Project

When composing legal correspondence, assume that you are employed by Smart & Lee PPC, 1212 Third Ave, Suite 300, Bellevue, Florida 25515. The attorney you draft documents for is Ms. Ima Smart. Her client is Jim Knott at Easy Construction, 305 Hanford Ave, Richland, Florida 25518. The opposing counsel is Bill Bold who is employed at Early, Bold & Help, 3432 Apple St, Bellevue, Florida 25519. His client is Cindy Tank, Sunshine Tank Supplies, Incorporated, 5678 38th NE, Kennewick, Florida 25539.

Quiz Prep

What is a motion for summary judgment?What is service of process?What is pretrial discovery?What is venue and when can a change of venue

be requested?What are the pleadings?What is a deposition?What is a memorandum of law?What is a complaint and which party files that?