2005-2006 Legal Admin: B.B.A-BL and B.A. Paralegal Studies

Executive Summary

For the 2005-2006 academic year, the Legal Administration programs for undergraduates include the B.B.A. with the specialty in Business Law and the B.A. in Paralegal Studies. Both programs are approved by the program’s accrediting agency, the American Bar Association (ABA). Currently, the re-approval process is underway for the program. This year also reflects a transition in leadership within the program. The director of the Legal Administration programs of seven years retired in August 2005, and the academic year began with a new director.

One goal of a paralegal program, as detailed by ABA, is for the students to develop professional competence. For the 2005 -2006 academic year, the outcomes assessed helped to determine if the program met this goal. The outcomes include:

1. Explain sources of law, federal & state courts and their powers 2. Prepare legal forms used in areas of general practice 3. Demonstrate ability to effectively communicate in an oral & written format

Overall, the expected results were achieved and the program appears to have sound foundation. Although the details for each result are included in this packet, a quick review follows. The first outcome fell short of the expected results, but the students agreed that they have a comprehensive understanding of sources of law, and federal & state courts and their powers. The direct measures were lacking, and therefore, for the next assessment, we plan to use direct measures from an additional course to verify the results in this measure.

The expected result was met and exceeded for the second outcome. Although the results do not indicate a weakness, the program may be improved with additional practice to improve written communication skills. We plan to use direct measures from an additional course to verify the results in this measure.

For the third outcome, the expected result for the oral communication skills of the students was exceeded. The students demonstrated a mastery of oral communications skills. However, direct measures were missing in order to fully assess the students’ ability to communicate in written format. Next year, direct measures will be included to measure the student’s written communication skills.

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Learning Outcomes Assessment Plan Outcome #1 If yes, Give a brief summary of previous results and indicate Explain sources of law, federal & state courts and their powers the year/years in which this outcome was examined.

Is this outcome being reexamined?  Yes X No

Measures for Outcome Direct Measures Performance Standards for Direct Measures LA 301 Civil Litigation Examination (See Attachment A) Students earn a comprehensive score above 80% to illustrate meeting the outcome. Indirect Measures Performance Standards for Indirect Measures LA 301 Student Survey Students will agree or strongly agree that they have a comprehensive understanding of sources of law, federal & state courts and their powers

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Learning Outcomes Report Discuss results of Direct Measures Discuss the extent this Learning Outcome has been achieved There were eleven (11) students who completed the LA 301 Civil Litigation This outcome contains two parts: 1. the courts and their power and 2. the exam. The exam covered five chapters (approx. 50 questions totaling 100 sources of law. Comparing the direct and direct measures, it was determined points); however, only one chapter (chapter 2) was utilized to measure the for the first part of the outcome that only forty-five (45) percent of the students federal and state courts and their powers. Therefore, for this outcome, only 21 demonstrated a mastery of the federal & state courts. Yet, by comparison, questions were assessed. (See highlighted questions on Attachment A.) one hundred (100) percent of the students surveyed agreed that the class provided a comprehensive understanding of the courts and their power. Five (5) students or 45% of the students met or exceeded the standard for this exam (a grade of 80% or higher). The remaining fifty five (55) percent were For the second, although there are no direct measures for the sources of law, below the expected result, and the average grade was 71%. the 75% of the students surveyed agreed that the class provided an understanding of the various sources of law.

Although the expected results fell short for both measures, the students agreed that they have a comprehensive understanding of sources of law, and federal & state courts and their powers.

Discuss results of Indirect Measures There were nine (9) students who completed the LA 301 survey.

Of responses received, one hundred (100) percent of the students “strongly agreed” or “agreed” that they had acquired a comprehensive understanding of the federal & state courts and their powers.

Seventy-five (75) percent of the students “strongly agreed” or “agreed” that the class provided an understanding of the various sources of law. Two students or twenty two (22) percent neither agreed nor disagreed with this point.

Based upon the answers received, eighty two (82) percent of the students “strongly agreed” or “agreed” that the class explains sources of law, federal and state courts and their powers.

Discuss program strengths and opportunities for improvement Eighty two (82) percent of the students agreed that they mastered this outcome. However, the expected direct measures results fell short of this goal. The B.B.A.-B.L. and B.A. both have at least one additional course which discusses this outcome. We plan to use direct measures from this course in the future to verify the results in this measure. Discuss recommendations for change based on Learning Outcomes Data Based upon the test result, the syllabus for LA 301 will be evaluated before Spring 07 to determine if changes may be needed (i.e. extend review period from two weeks to three, add additional assignments) in this course to give the students a better understanding of the sources of law, the federal & state courts and their powers. In addition, this outcome will be evaluated to determine is it should be divided into two separate outcomes. An evaluation of the types of direct measures to be utilized will be completed by fall semester.

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Learning Outcomes Assessment Plan

Outcome #2 If yes, Give a brief summary of previous results and indicate Prepare legal forms used in areas of general practice the year/years in which this outcome was examined.

Is this outcome being reexamined?  Yes XX No

Measures for Outcome Direct Measures Performance Standards for Direct Measures Class projects from LA 301 Civil Litigation Students will meet or exceed the standard (80%)

Indirect Measures Performance Standards for Indirect Measures Responses from LA 301 student survey Students will agree or strongly that they had a comprehensive understanding of how to prepare legal forms

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Learning Outcomes Report Discuss results of Direct Measures Discuss the extent this Learning Outcome has been achieved There were (11) students. Each student drafted the following legal forms: complaint, answer and interrogatories. By comparison of the direct and indirect measures, the expected result was met and exceeded. Eighty two (82) percent of the students met or exceeded  Eight (8) students or 73% received a grade of 80% or higher on the the standard by receiving a grade of 80% or higher, and in addition, all of the complaint. students surveyed agreed that they had a comprehensive understanding of how to prepare legal forms.  Nine students or 82% received an 80% or higher on the answer.  Ten students or 91% received a grade of 80% or higher on the interrogatories.

The students were allowed to rework the first two assignments. However, only 3 students took advantage of this option, and only one of these students’ rework impacted the outcome.

For the 3 projects combined, 82% of the students met or exceeded the standard by receiving a grade of 80% or higher. Discuss results of Indirect Measures There were nine (9) students who completed the LA 301 survey.

Of responses received, 100 % of the students “strongly agreed” or “agreed” that the class: 1. helped the student understand the various forms 2. provided a comprehensive understanding of how to draft the forms 3. helped clarify the use of the various forms. Discuss program strengths and opportunities for improvement One of the strengths of the program is the practice of drafting legal documents. However, although the results do not indicate a weakness, the program may be improved with additional practice to improve written communication skills. In addition, the B.B.A.-B.L. and B.A. have additional courses which discusses and prepare legal forms. We plan to evaluate the use of direct measures from these courses in the future to verify the results in this measure. Discuss recommendations for change based on Learning Outcomes Data Based upon the result, the syllabus for LA 301 (and the cases used as a basis for the forms) will be evaluated prior to the Spring 07 semester to determine if changes may be needed in this course to give the students a better understanding of the legal forms and their use. This evaluation will be completed to address the following issues: rewrites, case difficulty, and communication skills. Possible changes to the syllabus include additional writing practices and longer review periods.

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Learning Outcomes Assessment Plan

Outcome #3 If yes, Give a brief summary of previous results and indicate Demonstrate ability to effectively communicate in an oral & written format the year/years in which this outcome was examined. Is this outcome being reexamined?  Yes x No

Measures for Outcome Direct Measures Performance Standards for Direct Measures Class project from LA 280 (Lawyer Discipline (Ethics) presentation Students will meet or exceed the standard (80%)

Indirect Measures Performance Standards for Indirect Measures Responses from supervisor survey (LA 490 internship) Supervisors will “agree” or “strongly agree” that the student was able to communicate effectively

Learning Outcomes Report Discuss results of Direct Measures Discuss the extent this Learning Outcome has been achieved A rubric had been developed for the presentation. (See Attachment B). During The students have demonstrated a mastery of oral communication skills as the presentation, the student could receive up to ten points in each of the five evidenced by the direct and indirect measures. Ninety three (93) percent of categories: content, communication, conciseness, continuity, and style for the students met or exceeded the standard for the direct measures and based possible score of fifty (50) points. However, for this report, only the upon the available data, supervisors agree that the students are able to communication category was assessed for each student. communicate effectively.

There were fifteen (15) undergraduate students who completed the LA 280 Although the data from the supervisors demonstrate that the students presentation. Ninety-three (93%) percent of the students met or exceeded the communicate effectively both orally and written, a direct measure for standard and received a score of 80% or higher. One student or 7% received evaluating the written communication skills of the students was lacking. below the standard or 70%.

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Discuss results of Indirect Measures There were five (5) student interns.

The survey was not an effective measurement since it did not specifically ask about communication skills. Therefore, based upon the survey alone, the outcome could not be measured. However, qualitative results were ascertained from discussions and site visits with the supervisors as well as minimum data gathered from the survey.

Based upon this information, eighty (80) percent of the students met or exceeded the standard and received “good” to “excellent” ratings on their communications skills. (Although there were 5 students in the program, only four students had evaluations/discussion about communication skills.)

Discuss program strengths and opportunities for improvement The B.B.A.-B.L. and B.A. appear to have a strong oral communication skills program. We will evaluate the use of additional courses within the program in the future to verify the results in this measure. Also, the written skills of the students must be measured.

Discuss recommendations for change based on Learning Outcomes Data The supervisors’ survey will be evaluated and revised to obtain additional information regarding the communication skills both oral and written. In addition, a direct measure to evaluate the students written skills will also be included.

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Attachment A Learning Outcomes Assessment 2005-2006

Name ______Date: ______

Civil Litigation LA 301 Exam I Instructions - This exam is due on Monday, March 13, 2006 at 11:00 a.m. - No exam will be accepted after specified date and time without an impact to grade. - This exam covers chapter 1, 2, 3, 4 and 5. True or False Questions Circle Answer 1. Punitive damages are also referred to as exemplary damages. True False

2. The highest court in the District of Columbia is the D.C. Supreme True False Court. 3. A litigation paralegal often appears in court. True False

4. Statutes allowing states to exercise jurisdiction over nonresident True False defendants are known as long-arm statutes.

5. Venue is a type of jurisdiction. True False 6. Excluding magistrates, Virginia’s court system consists of the True False Supreme Court of Virginia, Court of Appeals, Circuit Courts and District Courts (which include General Districts Courts and Juvenile & Domestic Relations District Courts).

7. Each element of a course of action must be proven at trial in order for True False the plaintiff to prevail.

8. The court of appellate jurisdiction is a court where the case begins True False and is tried.

9. Within the federal court system, trial courts are called superior True False courts. 10. The most common method of resolving civil disputes is settlement. True False 11. A summons is a court order directing a defendant to appear personally True False in court.

12. A complaint usually contains allegations showing that the court in True False which the action is filed has both jurisdiction and venue.

13. The rules of civil procedure differ substantially from the rules of True False criminal procedure. 07/05/05

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- Do your own work!

Multiple Choice---Please write letter on Answer line

1. In a federal case, trials generally occur in ______. a. the district court b. the court of appeals c. the Supreme Court d. all of the above Answer______

2. Service of a complaint and summons on a corporation is accomplished by______. a. serving any director of the corporation b. serving any employee of the corporation c. serving the agent for service of process d. both a and c Answer______

3. Factual disputes are generally resolved in ______. a. a trial court b. an appellate court c. a supreme court d. all the above Answer______

4. In a federal court action based upon diversity jurisdiction, venue is proper in the district where ______. a. all plaintiffs reside b. the course of action arose c. all defendants reside d. all of the above Answer______

5. Which of the following is not an alternative to litigation? a. settlement b. mediation c. arbitration d. discovery Answer______

6. The existence of a cause of action ______a. is necessary to a lawsuit b. is related to the law governing a particular case c. is related to the facts of a particular case

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d. is all of the above Answer______

7. Which of the following could not be resolved through civil litigation? a. a real estate problem b. a contract dispute c. the commission of a murder d. dispute over injuries resulting from an automobile accident Answer______

8. A state always has jurisdiction over a defendant in a lawsuit if______. a. the defendant is a U.S. citizen b. the defendant is a citizen of that state c. the plaintiff sustained injuries or damages within the state d. both b and c

9. Which of the following never starts the running of a statute of limitation? a. the date a wrongful act occurs b. the date the plaintiff discovers a wrongful act c. the date the plaintiff retains an attorney d. all of the above Answer______

10. Funds belonging to a client should be kept ______. a. in the law firms’ general account b. in the attorney’s personal account c. in the law firm’s trust account d. either a or c Answer______

11. Relevant evidence may be excluded when a. it is hearsay that does not fit an exception to the hearsay rule b. the witness does not have personal knowledge of the fact c. the risk of unfair prejudice outweighs the probative value d. all of the above e. a and c only Answer______

12. Andrews and Bates have a written contract in which Bates promised to sell Andrews a piece of real estate. Bates refuses to complete the transaction. Andrews sued Bates for specific performance, asking the court to order Bates to complete the sale. This action is for ______? a. compensatory damages b. punitive damages c. equitable relief

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d. declarative relief Answer______

13. Which of the Federal Rules of Civil Procedure govern the method used for service of process? a. FRCivP 4 b. FRCivP 7 c. FRCivP 8 d. FRCivP 10 Answer______

14. When both state and federal courts are authorized to hear a certain type of action, ______jurisdiction exists. a. personal b. concurrent c. exclusive d. none of the above Answer______

Fill in the Blanks

1. When an appellate court changes a lower court’s decision and sends the case back for retrial, the court ______the case.

2. Each element of a ______must be proven at trial in order for a plaintiff to prevail.

3. An appellate court’s role is to determine if any ______errors occurred in the trial court

4. In rem jurisdiction is based on the fact that ______located within a state is the subject of the lawsuit.

5. Both NALA and NFPA have developed ethical guidelines to govern ______

6. The power that a court has to hear a particular case is known as ______jurisdiction.

7. An out of court statement introduced in court and offered to prove the truth if the statement made is known as ______.

8. Attorneys are subject to codes of conduct referred to Canons of Ethics or Rules of ______.

9.______allows a court to find that certain commonly known facts are true a without the parties presenting evidence of the fact.

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10. A court where the case begins and is tried is a court of ______jurisdiction.

Factual Analysis with True or False Bob Berkshire, a paralegal with the firm of Schneider & Castillo, has been assigned to work on the Morrison case, a case where Morrison is claiming damages for personal injuries resulting from asbestosis allegedly contracted on the job. The claim is against Acme, Inc., the company that produced and sold the asbestos-containing product purchased by Morrison’s employer, United Rubber. Acme, Inc. is represented by counsel.

1. Berkshire should send a letter on behalf of Schneider & Castillo directly to True False Acme, Inc., requesting the names and addresses of all purchasers of the contaminated products.

2. If Morrison gives Berkshire the names of individuals who worked with him at True False United Rubber, Berkshire should contact these individuals by phone to determine if they have any relevant information regarding the Morrison case.

3. If Berkshire talks to any potential witnesses in the case, Berkshire should not True False identify himself as a paralegal working for the law firm that represents Morrison because this could influence the witness.

4. When Berkshire has any need to communicate with Morrison, he should True False identify himself as a “member of the firm of Schneider & Castillo”; he should never refer to himself as a paralegal.

5. If Berkshire is given the names of potential witnesses, but not their addresses True False or telephone numbers, he should not waste time trying to find the information. His time would be better spent researching the law of the case and finding an expert who is knowledgeable about asbestosis.

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Fenton works as a paralegal in a law firm which represents Kramer in a claim for damages resulting from an automobile accident. Kramer was a passenger in a car driven by DiSalvo. The accident occurred when DiSalvo negligently ran a stop sign. DiSalvo is represented by the law firm of Ogawa and Robles.

1. Assume that Fenton once worked for the law firm of Ogawa and Robles, although True False he never worked on any cases involving DiSalvo. This would create a conflict of interest and Fenton should not be allowed to work on the Kramer case.

2. Fenton discusses this case in great detail, mentioning names, with Steele, a close True False friend who is a paralegal working for a different law firm. Steele promises not to repeat anything. Fenton has nevertheless breached a duty of confidentiality.

3. Fenton is asked to do some investigation regarding this case. Fenton telephones True False DiSalvo, without the consent of DiSalvo’s attorneys, and asks DiSalvo questions about the case. As long as Fenton is properly identified as a paralegal working for Kramer, this conduct on the part of Fenton is permissible.

4. Ogawa and Robles are required to handle this case on a contingent fee basis. True False

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Factual Analysis True or False Tom and Fred, citizens of Pennsylvania, were in a car/train accident with Zack, a citizen of Texas. Tom was driving the car. Fred was the passenger. Zack was the engineer driving the train which was owned by TrainsRunFast, Inc., a corporation incorporated in Delaware and principle place of business in California. Tom and Fred were both injured and wish to sue Zack. California, Delaware, Texas and Pennsylvania all have long arm statues.

1. If the accident happened in Pennsylvania, the state courts of Pennsylvania True False could not exercise personal jurisdiction over Zack because he is not a citizen of that state.

Assume that the damages for each plaintiff exceed $75,000. 2. The federal court has jurisdiction under diversity of citizenship. True False

Assume that the damages for each plaintiff exceed $75,000, but now Tom and Fred also want to name as a defendant TrainsRunFast, Inc. 3. The federal court has jurisdiction under diversity of citizenship. True False

Assume that the damages for each plaintiff exceed $75,000, but now Tom and Fred also want to name as a third defendant Brakes, Inc. the manufacturer of the brakes on the train. Brakes is incorporated in Pennsylvania. 4. The federal court has jurisdiction under diversity of citizenship True False

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Short Answers

1. Explain the types of cases the United State Supreme Court has the power to decide.

2. Mary Hartwick and her twelve year old son are injured in a motor vehicle accident with a United States postal truck on March 15, 2004. They wish to sue the U.S. government for their injuries. By what date must a claim be filed and why. See Exhibit 3-4 on page 66 in your textbook for federal statute.

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Attachment B: LA-280 Presentation Evaluation Sheet

Course: Date: Your Name:

On a scale 0 to 10 (low to high), score the presentation you just observed and total the scores

Concisenes Continuit Styl Tota Name of Presenter Content Communication s y e l Comments not organized in logical Ms. manner; Sample 9 10 8 5 9 41 confident good eye contact, interested in topic

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