Pro-Paralegal

S Corp or LLC, Which One for Me?

2014-04-21T07:26:00.001-06:00

How Both Are the Same:

The major benefits of both the LLC(Limited Liability Comapny and S Corp entity lies in the limited liability they offer owners. Owners of these businesses are only liable for the capital they themselves have put into the company. Your personal assets including your house and your car etc., are virtually untouchable if your company ever gets sued. (This isn't always the case. Depending on the situation "piercing the corporate veil" can actually occur.)

LLC's and S Corp's also benefit from having "pass-through" taxation by the IRS. This just means that you don't have to pay corporation taxes and then pay taxes on the salary you received from the corporation, which is how a c corp works. This is referred to as "double-taxation" and is one of the disadvantages of forming a c corp.

You can also deduct pre-tax expenses with both of these business formations. These would include travel expenses, uniforms, phone calls, computers for the business, car expenses and health care premiums.

The Differences:

LLC:
There are many benefits alone for using an LLC as your business structure. The major advantages include:

Very easy to create and maintain especially when compared to how an S Corp is formed.
Cost of set up is very low.
Flexibility in how the company is ran and how you want to be taxed.

One of the major disadvantage of LLC's is that you have to pay self-employment tax on any income generated from the business. This means that you must pay quarterly tax payments to the IRS.

S Corp:

The biggest advantage that the S Corp has over the LLC is in how owners are paid. The S Corp pays employees a "reasonable" salary, which just means congruent with industry standards, but you can deduct federal taxes and FICA. After this, any remaining profits are distributed to the owners as dividends, which happen to be taxed at a much lower rate.

The disadvantages of forming an S Corp lie in just how strict the guidelines are in establishing this corporation.

You must be a US citizen or resident.
Corporation cannot have more than 100 shareholders.
Can only have one class of stock.

It is also more expensive to form an S Corp.

Depending on what exactly your business does and what it will be doing in the future can greatly change how you want to form your business. Make sure to look at all the factors when deciding which entity is best for your business.

If you are ready to form your business please visit Apex Legal Filings, LLC and they can help you.

Tort Law Basics

2010-05-17T16:49:00.001-06:00

What is a Tort?-
A tort is a civil wrong (other than a breach of contract) that causes injury or other damage for which our legal system deems it just to provide a remedy. The primary focus of Tort Law is to repair a private wrong.

Purposes for Tort Law-

Peace: In order to provide a peaceful means for adjusting the rights of parties who might otherwise “take the law into their own hands.”

Deterrence: To deter wrongful conduct.

Restoration: To restore injured parties to their original state by compensating them for their injury.

Justice: To identify those who should be held accountable for the harm that resulted.

Categories of Torts-
There are three main categories of torts:
1. Negligence
2. Intentional Torts
3. Strict Liability Torts

1. Negligence is harm caused by the failure to use reasonable care.
2. An intentional tort is a tort in which a person either desired to bring about the result or knew with substantial certainty that the result would follow from what the person did or failed to do.
Types of intentional torts include: battery, assault, trespass, and false imprisonment.
3. Strict liability is having responsibility regardless of blameworthiness or fault.

Civil vs Criminal Law

2010-05-17T16:47:00.001-06:00

Civil law is the area of law that encompasses lawsuits brought by individuals who have suffered private wrongs for which they are seeking some form of compensations. Civil law includes tort law, property law, domestic relations law, contract law and probate law. Criminal law is the area of law that deals with the wrongs done to an individual that result in harm to society as a whole. The purpose of criminal law is to punish those who commit crimes such as murder, robbery, theft, arson and sexual assault.
Although the same act can be both a civil wrong and a criminal wrong (theft), several differences exist between civil and criminal law. The purpose of civil law is to compensate victims by providing them with some form of monetary damages. The purpose of criminal law is to punish those who have committed a wrong. Punishment is accomplished by confining and/or fining the wrongdoer. The civil law acts on behalf of the individual wronged and that individual brings suit to recover damages. The criminal law acts on behalf of the state, which is considered the offended party, and the prosecutor of the state represents the state in the courtroom.
The plaintiff (person who sues) has a burden of proof known as the preponderance of the evidence that must be shown in court. In the preponderance of the evidence burden of proof, the plaintiff must prove that it is more likely than not the defendant committed the wrong. In the beyond a reasonable doubt standard, the state must remove all reasonable doubts from the jurors’ minds.

Wills: Basic Information

2010-05-14T13:56:00.000-06:00

A will provides one of the easiest ways of giving an individual a voice in how they want their property to be distributed and avoid legal problems that may arise when someone dies intestate. To die intestate means to die without a will. To avoid probate, a will must be carefully designed and well-drafted to meet the needs of the testator and their intended recipients.

Validity

To be valid a will must be:
Made by an adult
Made by someone with testamentary capacity
Created Voluntarily

Formality

A will can be formal meaning word processed, signed and properly witnessed. It can also be holographic, meaning hand written with no witnesses (check your states statutes to see if they recognize holographic wills), or nuncupative, meaning an oral will.

Changing a Will (codicil)

Changing the terms of a will is done through a codicil, which is a separate instrument with new provisions that change the original will in some way.

Revoking a Will

The act of revoking a will must be accompanied by the testator’s intent to revoke the will. There are three methods for revoking a will.
The execution of a new will revokes a prior will. To revoke a prior will in some states, the new will must either expressly state that it revokes an earlier will or be inconsistent with the old will.
The marriage of a person who has made a will revokes the will in some states unless the will declares that it is made in contemplation of marriage to a particular person.
A divorce or dissolution of marriage revokes bequests and devises to a former spouse but not the will itself.

Types of Marriages

2010-05-14T13:54:00.000-06:00

The different types of marriages include a ceremonial marriage, common law marriage, putative marriage, successive marriage and proxy marriage.

Ceremonial Marriage-
The traditional marriage in the United States is a ceremonial marriage.

Common Law Marriage-
A common law marriage is an agreement between a man and a woman to enter into a marital relationship, to cohabitate, and who hold themselves out as husband and wife without complying with the formalities of a ceremonial marriage. Only thirteen states currently allow common law marriages. These include Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and in the District of Columbia.
If a common law marriage is created, it is recognized as valid by most other states. If the couple separates they must obtain a divorce to terminate their legal relationship because of this.

Putative Marriage-
A putative marriage is one in which at least one of the parties contracted to marry in good faith and without knowledge that some legal impediment existed to prevent a valid marriage. In a putative marriage, the innocent spouse makes a good faith commitment and goes through the ceremonial requirements for marriage.

Successive Marriages-
When a party is still married in the eyes of the state and marries another person, successive marriage exists. When there is evidence of more than one marriage, the law presumes the most recent one to be valid. This presumption may be rebutted by proof from the first spouse that the marriage never was terminated legally.

Proxy Marriage-
A proxy marriage is contracted or solemnized by one or more agents of the parties rather than by the parties themselves. These types of marriages are more likely during a war.

Qualities of Successful Paralegals

2010-05-14T13:52:00.001-06:00

Ø P repared
Ø A nalytical
Ø R esilient
Ø A ble to work with details
Ø L ogical
Ø E ffective Communicator
Ø G ood professional judgment
Ø A ble to organize
Ø L iterate with computers

PREPARTION: Being prepared at all times is a must for successful paralegals. Their work must be completed within agreed-upon time frames no matter what their workload. Beyond that, they must anticipate what attorneys will need and be prepared to respond to these needs with little or no advance notice.

ANALYSIS: Analysis is required when preparing and reviewing documents as well as reading and applying the law. The ability to think critically and to find creative answers is essential.

RESILIENCY: Resiliency allows paralegals to adapt to changing circumstances and to persevere no matter what transpires. The litigation process can be very grueling and unpredictable, and attorneys’ moods can shift with the status of a case, so flexibility is a wonderful attribute.

ABILITY TO WORK WITH DETAILS: Being able to work with details is a key ingredient of paralegal success. Many paralegal tasks require astute attention to detail, and attorneys, who can sometimes be oblivious to the details of case management, rely on paralegals to attend to the minutiae they might overlook while attending to the planning of legal strategy.

LOGIC: Logic is the cornerstone of the law. Legal reasoning involves the application of legal principles to specific, factual situations and, therefore, requires the utilization of logic.

EFECTIVE COMMUNITION SKILLS: Having effective communication skills in both writing and speaking are vital to competent paralegals. They must be able to express themselves clearly, concisely, logically, and persuasively. Such skills allow them to work well with clients and other members of the legal team as well.

GOOD PROFESSIONAL JUDGMENT: Good professional judgment includes using suitable language, dressing appropriately, taking direction, responding appropriately to requests and questions, working within time constraints, and knowing when to ask for help.

ABILITY TO ORGANIZE: The ability to organize includes the ability to establish priorities, develop a work plan, delegate responsibility, and manage time. Efficiency allows successful paralegals to work for more than one attorney on more than one case simultaneously.

LITERACY IN COMPUTER TECHNOLOGY: Being computer literate is a must in today’s computer based legal environment. The more proficient paralegals are in using a variety of software programs, the more invaluable they are to the attorneys for whom they work.

Example Answer to Complaint

2010-02-03T20:51:00.000-07:00

0 Small Claims 0 County Court 1 District Court
0 Probate Court 0 Juvenile Court 0 Water Court
Larimer County, Colorado
Court Address: 201 LaPorte Ave, Larimer County, Fort Collins, Colorado

Patty Plaintiff,

Plaintiff,

v.

Dennis Dimwit,

Defendant.
Tonya Morse
1235 Boardwalk Dr
Fort Collins, CO 80525
Phone Number: (307) 223-4567
FAX Number: (970) 223-9876
E-mail: tanyam@yahoo.com
Atty. Reg. #: 33455

Case Number: 08CV1234

Div.: Ctrm:

Answer

The Defendant, Dennis Dimwit, appears by and through his attorney, Tonya Morse, for his Answer to the Complaint herein, states as follows:

1. The Defendant agrees to the statements made in Paragraphs 1, 2 and 3 of the Complaint.

2. The Defendant admits the statements made in Paragraphs 4, 5, 6, 7 and 8 of the Complaint.

3. The Defendant denies the allegations set forth in Paragraphs 9, 10 and 11 of the complaint. The Plaintiff lacks information and knowledge sufficient to form a belief as to the allegations in Paragraphs 10 and 11 of the Complaint therefore denies the same.

4. The Defendant admits to the statements made in Paragraphs 12, 13 and 14 of the Complaint.

5. The Defendant admits to the statements made in Paragraph 15 and 16 of the Complaint.

6. The Defendant denies the allegations made in Paragraphs 17, 18, 19 and 20 because the Plaintiff lacks information and knowledge sufficient to form a belief to the allegations made in the Complaint and therefore denies the same.

7. The Defendant admits to the statement made in Paragraph 21 of the Complaint.

8. The Defendant denies the allegation made in Paragraph 22 of the Complaint. The Plaintiff lacks sufficient knowledge to form a belief as to the allegation in the Complaint and therefore denies the same.

9. The Defendant denies the statements made in Paragraphs 23, 24, 25 and 26 of the Complaint.

First Affirmative Defense

As and for an affirmative defense, defendant alleges that plaintiff’s right to maintain this action is barred by the statute of limitations in that more than two years have elapsed between plaintiff’s alleged cause of action and the filing of their complaint.

Second Affirmative Defense

As and for an affirmative defense, defendant alleges that Plaintiff was comparatively negligent in that she failed to use ordinary care when walking across the street.

Third Affirmative Defense

As and for an affirmative defense, the plaintiff failed to mitigate damages.

WHEREFORE, the Defendant requests that the Plaintiff take nothing by her complaint herein. The Defendant prays the court enter judgment dismissing the complaint.

Dated:_____________

Respectfully Submitted,

_______________________________
Tonya Morse
1235 Boardwalk Dr
Fort Collins, CO 80525
Phone Number: (307) 223-4567
FAX Number: (970) 223-9876
E-mail: tanyam@yahoo.com
Atty. Reg. #: 33455

Verification

State of Colorado )
) ss.
County of Larimer)

The undersigned, having been first duly sworn upon his oath, deposes and states that he is the Defendant in the above-referenced action, that he has reviewed the foregoing Answer, and that the statements made therein are true and correct to the best of his knowledge, information, and belief.

_____________________________
Dennis Dimwit
567 Harmony Ave
Fort Collins, CO 80525

Subscribed and sworn to before me by Dennis dimwit this 9th day of July, 2008.
Witness my hand and official seal. My commission expires:

____________________________
Notary Public
Address

CERTIFICATE OF SERVICE

I hereby certify that on the__day of___________2008, I served a true and correct copy of the foregoing answer upon Rick Jennings by placing the same in the U.S. mail to the address 1609 Oakridge Dr., Fort Collins, CO 80525.

Tonya Morse
Attorney at Law #33455
1235 Boardwalk Dr.
Fort Collins, CO 80525

Example Motion for Summary Judgment

2010-02-02T13:21:00.001-07:00

0 Small Claims 0 County Court 1 District Court
0 Probate Court 0 Juvenile Court 0 Water Court
Larimer County, Colorado
Court Address: 201 LaPorte Ave.
Fort Collins, CO 80521

Scott Walker,

Plaintiff.

v.

Tanya Brewster,

Defendant.

Jessica Thompson, Attorney at Law
2345 Litigator Way
Fort Collins, CO 80525
Phone Number: (970)493-5555
FAX Number: (970)555-5555
E-mail: LLawyer@legal.com
Atty. Reg. #: 11111

Case Number:

Div.: Ctrm:

MOTION FOR SUMMARY JUDGMENT

The plaintiff appears by and through his attorney, Jessica Thompson, and respectfully submits this motion for summary judgment against the defendant, Tanya Brewster.

I. Jurisdictional Allegations

1. Venue for this complaint is correct pursuant to C.R.C.P. 98(c)(1).

2. This motion for summary judgment is within time constraints pursuant to C.R.C.P. 56.

II. Claims by Plaintiff

3. The plaintiff claims that the defendant acted negligently with the storage of the firearm in her home.

4. The plaintiff also claims that the defendant was negligent in her supervision of their minor child, T.J.

III. Undisputed Facts

5. In the defendant’s answers to question number 7 of the plaintiff’s interrogatory, she stated no affirmative defenses to the allegations stated in the complaint.

6. The defendant admits in her witness testimony that she didn’t know where the gun was stored or that it actually had a lock on it. The defendant stated that she did not know where the gun was located after admitting reading the handout, “Colorado Criminal Code §105: Criminal Storage of a Firearm,” that her boyfriend, Carl Newhouse, had given her, where it states that a person who would be found guilty under this statute would not know where a firearm was stored, or that it was secure with a trigger-lock or a lock on the container the firearm was stored in.

7. The negligence of the defendant in not knowing where the gun was stored or if it was properly locked, was the proximate cause of Jesse being shot. The defendant owed a duty to her child to make sure that the gun was locked and stored properly as well as know where it was stored. The defendant breached that duty, which was the proximate cause of T.J. to take the firearm, and shoot Jesse. The defendant is responsible for the monetary damages to the plaintiff’s son, Jesse, in the medical bills he incurred from the incident as well as the future bills he will incur due to his permanent disablement.

Verification

State of Colorado )
) ss.
County of Larimer )

The undersigned Plaintiff, having been first duly sworn upon his oath, deposes and states that he is the Plaintiff in the above-referenced action, that he has reviewed the foregoing Motion for Summary Judgment, and that the statements made therein are true and correct to the best of his knowledge, information, and belief.

_______________________
Scott Walker, Plaintiff

Subscribed and sworn to me before this _____day of _____20___, by.
Witness my hand and official seal. My commission expires:

______________________
Notary Public
Address: 1609 Oakridge Drive
Fort Collins, Co 80525

Dated: _August 25, 2008

CERTIFICATE OF SERVICE

I certify that on August 25, 2008 the original of this Motion was filed with the Court; and a true and accurate copy of this MOTION FOR SUMMARY JUDGMENT was served on the other party by placing it in the United States mail, postage pre-paid and addressed to the following:________________________________________.
______________________________________
 Petitioner/Plaintiff OR  Respondent/Defendant

ORDER GRANTING RESPONDENT’S MOTION FOR SUMMARY JUDGMENT

This matter came before the court for review of the Respondent’s motion for summary judgment on August 25, 2008. The court reviewed the file and the motion and having been duly advised in the premises, hereby grants the same. Counsel for the Respondent will notice the matter in for setting of due-date of the answer within two weeks after the thirty days after being served are over. It will set forth that the defendant pay in the amount of $500,000, in lieu of the full amount requested by the plaintiff, to end this action.
BY THE COURT:
________________
Judge

Example Motion to Compel

2010-02-01T16:34:00.000-07:00

 County Court District Court
_____Larimer_________ County, Colorado
Court Address:201 LaPorte Ave.
Fort Collins, CO 80521

Scott Walker,

Plaintiff.

v.

Tanya Brewster,

Defendant.

COURT USE ONLY
Jessica Thompson, Attorney at Law
2345 Litigator Way
Fort Collins, CO 80525
Phone Number: (970)493-5555
FAX Number: (970)555-5555
E-mail: LLawyer@legal.com
Atty. Reg. #: 11111 Case Number:

Division Courtroom
MOTION TO COMPEL

The plaintiff appears by and through his attorney, Jessica Thompson, and respectively submits this Motion to Compel against the defendant, Tanya Brewster.
For the following reasons:
1. Upon being served on July 17, 2008 thirty days has passed which is required by Colorado Rules of Civil Procedure Rule 33(b)(3), the defendant has still not answered our interrogatory nor has the defendant and their attorneys communicated with their intention to do so.
2. The attorney, Jessica Thompson, for the plaintiff, Scott Walker, has with due diligence and good faith attempted to contact the attorney for the Defendant in every way in order to seek the answer to the interrogatory.

Wherefore Plaintiff hereby requests the court to compel discovery of the interrogatory asked of the defendant, Tanya Brewster, by means of a judge’s order.

Verification

State of Colorado )
) ss.
County of Larimer )

The undersigned Plaintiff, having been first duly sworn upon his oath, deposes and states that he is the Plaintiff in the above-referenced action, that he has reviewed the foregoing Motion to Compel, and that the statements made therein are true and correct to the best of his knowledge, information, and belief.

_______________________
Scott Walker, Plaintiff

Subscribed and sworn to me before this _____day of _____20___, by .
Witness my hand and official seal. My commission expires:

______________________
Notary Public
Address: 1609 Oakridge Drive
Fort Collins, Co 80525

Dated: _August 17, 2008

CERTIFICATE OF SERVICE

I certify that on ________________________(date) the original of this Motion was filed with the Court; and a true and accurate copy of this MOTION TO COMPEL was served on the other party by placing it in the United States mail, postage pre-paid and addressed to the following: ______________________________________
______________________________________
______________________________________

______________________________________
 Plaintiff OR  Defendant

 County Court District Court
_____Larimer_________ County, Colorado
Court Address:201 LaPorte Ave.
Fort Collins, CO 80521

Scott Walker,

Plaintiff.

v.

Tanya Brewster,

Defendant.

COURT USE ONLY
Jessica Thompson, Attorney at Law
2345 Litigator Way
Fort Collins, CO 80525
Phone Number: (970)493-5555
FAX Number: (970)555-5555
E-mail: LLawyer@legal.com
Atty. Reg. #: 11111 Case Number:

Division Courtroom
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL

This matter came before the court for review of the Plaintiff’s motion to compel discovery on August 17, 2008. The court reviewed the file and the motion and having been duly advised in the premises, hereby grants the same. Counsel for the Plaintiff will notice the matter in for setting of due-date when the defendant must comply with the plaintiff’s motion within one week of the courts entering of judgment.

BY THE COURT:

________________
Judge

Importance of Briefing

2009-12-18T21:35:00.001-07:00

While doing legal research, you will find briefing cases to be absolutely essential to gaining an understanding of case law. Simply reading cases fosters passive participation and retention. In other words, you can read a case over and over without gaining any real understanding of thee court’s reasoning. But if you put pen to paper and translate what you have read into your own words, you become actively engaged. The active engagement dramatically enhances your ability to critically reflect on the case. Writing forces the brain to engage in a creative process. In this process, you begin to see connections and interrelationships, to ask critical questions, and to postulate possible extensions of legal principles. Without engaging in such a critical thinking process, you might never get past a superficial understanding of a case. You might also find that you are confused or do not really understand what the court is saying. To better understand the difference between active and passive learning, reflect for a moment on the difference between your preparation for a multiple-choice exam and your preparation for an essay exam. Is it not true that your understanding of a subject need be only fairly superficial for you to pass a typical multiple-choice test? Do you not have to be much better prepared and possess a much higher level of understanding to pass an essay exam on the same material? By the same token, reading a case several times may allow you to pass a superficial multiple-choice test on it, but writing a case brief better prepares you for an in-depth essay exam.

Motion for Complaint Sample

2009-12-10T20:43:00.000-07:00

0 Small Claims 0 County Court 1 District Court
0 Probate Court 0 Juvenile Court 0 Water Court
Larimer County, Colorado
Court Address: 201 LaPorte Ave, Larimer County, Fort Collins, Colorado

Patty Plaintiff,

Plaintiff,

v.

Dennis Dimwit,

Defendant
Rick Jennings
1609 Oakridge Drive
Fort Collins, CO 80525
Phone Number: (307) 223-2669
FAX Number: (970) 223-2796
E-mail: rickj@yahoo.com
Atty. Reg. #: 22344

Case Number:

Div.: Ctrm:

Complaint for Damages

The Plaintiff appears, by and through her attorney, Rick Jennings, and respectfully submits this complaint against the defendant, Dennis Dimwit.

I. JURISDICTIONAL ALLEGATIONS

This Court has jurisdiction over the parties and the subject matter of this action.

1. The Plaintiff, Patti Plaintiff, resides at 234 Cowcrapsmell Street, Greeley, Weld County, Colorado.

2. The Defendant, Dennis Dimwit, resides at 567 Harmony Ave, Fort Collins, Larimer County, Colorado.

3. Venue for this complaint is correct pursuant to C.R.C.P. 98(c)(1)

II. GENERAL ALLEGATIONS

1. On June 30, 2007, at approximately 9:00 p.m., Patty Plaintiff was crossing Broadway Street at its intersection with Iowa Street in Denver, CO.

2. She had just stopped at the 7-11 Store at the northwest intersection of those two streets to buy some bottled water and some breath mints.

3. Her destination was Herman’s Hideaway, which is located across the street from the 7-11 at 1540 S. Broadway, Denver, CO.

4. Dick and Chicks, a popular rock-n-roll band from the 80’s was having a reunion concert and Patty was scheduled to meet a girlfriend there.

5. As Patty crossed the street, within the crosswalk and with the light, Dennis Dimwit was driving his 2006 Lexus sedan southbound on Broadway.

6. The light facing Dennis was green and when he was approximately 150 ft. north of the intersection the light turned yellow.

7. Dennis then sped up to pass the intersection before the light turned red.
8. Patty stepped into the crosswalk once the light indicated she could go and was crossing the street, carrying her water bottle, chewing her breath mints, when Dennis hit her going approximately 35 m.p.h.

9. Patty was tossed approximately 20 feet into the intersection and when she landed, she had broken her right leg at the femur.

10. She was taken to University Hospital in Denver by ambulance where she was treated in the emergency room.

11. The medical expenses, including follow-up medical care were $6,000. Patty missed three days of work which caused $500 in wage loss.

III. FIRST CLAIM FOR RELIEF – NEGLIGENCE

12. Plaintiff incorporates paragraphs 1 through 11 as if fully set forth herein.

13. Mr. Dimwit owed a duty to Ms. Plaintiff and the general public to drive safely and obey all traffic laws.

14. Mr. Dimwit breached that duty when he sped up in order to get through the light before it turned red.
15. This action caused Mr. Dimwit to run the light while Ms. Plaintiff was in the crosswalk and strike her with his vehicle.

16. Patty Plaintiff received a broken leg and a trip to the hospital resulting in the amount of $6,000. Patty also missed three days of work having $500 in lost wages. General damages in the amount of $18,000 are requested.

17. Mr. Dimwit is liable to Ms. Plaintiff for the injuries and damages described.

III. SECOND CLAIM FOR RELIEF – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS.

18. Plaintiff incorporates paragraphs 1 through 17 as if fully set forth herein.

19. Mr. Dimwits’ acted with negligent conduct when he sped up and struck Ms. Plaintiff.

20. Ms. Plaintiff experienced pain and suffering as a result of the accident.

21. Mr. Dimwits’ actions were the cause of Ms. Plaintiff’s emotional distress.

22. Patty Plaintiff incurred hospital bills worth $6,000. She also missed three days of work having $500 in lost wages. General damages in the amount of $18,000 are requested.

23. Mr. Dimwit is liable to Ms. Plaintiff for the injuries and damages described above.

WHEREFORE Plaintiff requests that this court enter its judgment against Dennis dimwit in an amount to be determined at trial. Plaintiff further requests that this court grant to her such other and further relief, including but not limited to interest from the date of the cause of action accrued pursuant to statute and costs, including expert witness and attorney’s fees, as the court finds to be just and proper under the circumstances.

PLAINTIFF DEMANDS A TRIAL TO A JURY OF SIX.

Dated:__________ PATTY PLAINTIFF, PLAINTIFF

_________________________
Rick Jennings, #22344
Attorney at Law
1609 Oakridge Drive
Fort Collins, CO 80525

Plaintiff’s address:
234 Cowcrapsmell Street
Greeley, CO

Verification

State of Colorado )
) ss.
County of Larimer )

The undersigned Plaintiff, having been first duly sworn upon her oath, deposes and states that hse is the Plaintiff in the above-referenced action, that she has reviewed the foregoing Complaint, and that the statements made therein are true and correct to the best of her knowledge, information, and belief.

_______________________
Patty Plaintiff, Plaintiff

Subscribed and sworn to me before this _____day of _____20___, by Patty Plaintiff.
Witness my hand and official seal. My commission expires:

______________________
Notary Public
Address: 1609 Oakridge Drive
Fort Collins, Co 80525

Rights of Finders of Personal Property

2009-12-08T11:38:00.000-07:00

Lost Property:

1. Owner unintentionally parted with possession.
2. Rights superior to any one except the original owner. Does not have a duty to seek to locate true owner.
3. The original owner has retained ownership, and has the right to the return of the property.

Misplaced Property:

1. Owner intentionally put the property in a place but unintentionally left it there.
2. None: person in possession of found personal property holds it for the owner, and has rights superior to everyone except the owner.
3. The original owner has retained ownership and has the right to the return of the property.

Abandoned Property:

1. Owner intentionally placed property out of their possession with the intent to relinquish ownership of it.
2. Finder who takes possession with intent to claim ownership acquires ownership of the property.
3. The owner who abandoned the property has no further rights in it.

Types of Ownership of Personal Property

1. Joint Tenancy
2. Tenancy in common
3. Tenancy by the entirety
4. Community property
5. Dower and Courtsey

Types of Deeds

2009-12-07T11:24:00.001-07:00

A deed is a written document that transfers ownership of real property from one person to the next. There are three main types of deeds that are used in the United States. These include; general warranty deed, limited warranty deed, and quitclaim deed.
A general warranty deed is a deed containing full warranty of title. There are six covenants or warranties in a general warranty deed. These include; covenant of seisin, covenant of right to convey, covenant against encumbrances, covenant for further assurance, covenant for quiet enjoyment, and covenant for warranty. These covenants or warranties are made by the grantor, or the person who is transferring ownership of the land.
Covenant of Seisin- Seisin means the right to possession of property. The seller will warrant that the grantor has possession of the land being transferred. The covenant of seisin also warrants that the grantor has ownership or title to the land.

Covenant of Right to Convey- This is a promise made on behalf of the grantor of the deed that the grantor owns the land and has the right to transfer ownership of the land. An interest in the land held by another person would cause a breach of this covenant.

Covenant against Encumbrances- This is a promise that the land is unencumbered or that the land is free and clear from mortgages, liens, taxes, leases, easements, or any other restrictions that might restrict the use of the land or be a debt on the land.

Covenant of Further Assurance- This is a promise that in the future, the seller will make any conveyance necessary to vest in the buyer of the deed the title intended to be conveyed.

Covenant of Quite Enjoyment and Warranty- These two covenants are usually the same. They involve a warranty that the buyer of the deed will be able to quietly enjoy the land without fear of eviction and without fear of any third party assertion of adverse claims.

A limited warranty deed is a deed in which the grantor covenants only against the lawful claims of people claiming by, through, or under the grantor.

A quitclaim deed contains no warranties of title and only transfers the interest the grantor has in the land and not the land itself. These types of deeds are usually found in foreclosure deeds, executor’s deeds, administrator’s deeds, and trustee’s deeds.

Example Warranty Deed

2009-12-07T10:33:00.000-07:00

Warranty Deed

STATE OF Colorado COUNTY OF Larimer

KNOW ALL MEN BY THESE PRESENTS, That Charles D. Hoover and Martha L. Hoover, of the State of Colorado, for the consideration of $78,325 U.S. Dollars and other good and valuable considerations, in hand paid hereby transfer ownership to James C. Brooks and Doris L. Brooks, the following real property situated in the County of Larimer and State of Colorado, to wit:

ALL THAT TRACT or parcel of land lying and being in the Southeast Quarter of Township 14 North, Section 3, Range 15 West, Todd County, Wisconsin, and being more particularly described as Lot 14, Block A, of The Blue Springs Subdivision as per Plat recorded at Plat Book 3, Page 47, Todd County, Wisconsin Plat Records, which Plat is incorporated herein and made a part of this description by reference.

THIS CONVEYANCE IS SUBJECT TO THE FOLLOWING TITLE EXCEPTIONS:

(a) unpaid real estate taxes for the current year

(b) Mortgage from First Federal Savings and Loan Association for Charles D. Hoover and Martha L. Hoover in the amount of $78, 325 dated August 15, 2000, recorded August 16, 2000, at Mortgage Book 212, Page 82, Todd County, Wisconsin.

TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoove of the said buyer forever in FEE SIMPLE.

IN WITNESS WHEREOF, the seller has signed and sealed this deed, the day and year above written.

The foregoing instrument was acknowledged before me this 9^th day of October, 2008.

Witness my hand and official seal. My commission expires____________

_______________________________

Notary Public

Family Law Overview

2009-12-04T22:17:00.005-07:00

Family Lawor domestic relations law involves many topics related to the status of family and its members. These include marriage, divorce or dissolution of marriage, adoption, guardianships, conservatorships etc.
Although Family Lawcomprises many facets, they are all directly or indirectly related to the marital relationship. Marriage is the legal union of one man and one woman, for the purpose of creating a family. The right to marry is a basic freedom that is protected by the U.S. Constitution, provided that parties meet the legal qualifications for marriage under their state law.
Legal Requirements to Marry-
Every state has established legal requirements to enter into a valid marriage. These include competence to marry, gender, and a good faith agreement to create a genuine marital relationship.
Legal Restrictions to Marry-
The legal restrictions or reasons to debunk a marriage include consanguinity , being under the minimum age of consent, mental incapacity, health or a preexisting marriage.
Consanguinity- This is the blood relationship between persons who intend to marry. Every state has laws that forbid marriage between parent and child, brother and sister, as well as uncle and niece. Marriage between first cousins also is forbidden in thirty states. A purported marriage between relatives in this group is void.
Minimum Age- All states have established a minimum age that must be reached before a person legally may consent to marry.
Mental Capacity- To be competent to marry, parties must have the mental capacity to understand the nature, effect, and consequences of marriage at the time of the marriage. The level of capacity is different for marriage than it is for entering into other types of contracts. To annul a marriage on this ground, the petitioning spouse must prove lack of capacity by clear and convincing evidence. (If you ever get married in Vegas to someone you just met and you were severely inebriated, then this would be an example of a marriage that will be annulled, never existed.)
Health Standards- States require parties to a marriage to meet certain health standards before they can marry. An example would be they must be free from venereal disease.
Preexisting Marriage- This is self explanatory in that no party to the marriage can be married to someone else at the time of the marriage. If one does marry another while still being married could face possible criminal prosecution for bigamy.
Mutual Consent- Both parties must consent to the marriage voluntarily and in good faith. Consent given under duress can lead to an annulment.
Gender- Every state has statutes in place that require individuals to be of opposite gender.

Example Easement

2009-12-04T15:30:00.001-07:00

Bob Hoskins, with land ownership in the City of Fort Collins, County of Larimer, State of Colorado hereinafter referred to as Grantor, In consideration of the sum of $10,000, in hand paid by Excel Energy, Inc., hereinafter referred to as Company, whose headquarters are located at 1508 17th Street, Denver, Colorado, the receipt and sufficiency whereof is hereby acknowledged, the grantor, Bob Hoskins, located by 53454 County Rd. 45, Fort Collins, Colorado 80525, does hereby grant and convey to said Company, its successors and assigns the right, privilege and easement to go in, upon and along the tract of land owned by the grantor to 53454 County rd. 45, Fort Collins, Colorado 80525 of Larimer County, together with the right to construct, operate and maintain upon said land its lines for transmitting electric current, erected on one line of poles, with wire and other necessary apparatus, fixtures and appliances; with the right to permit the attachment of the wires and appliances of any other company, to said poles; together with the right at all times to enter upon said premises for the purpose of inspecting the lines, making repairs, removals, alterations, and extensions thereon; also the right to cut away or trim and keep clear of said lines all trees, limbs of trees and other obstructions that may interfere or be likely to interfere wit ht the proper operation of said lines; also the right of ingress and egress over said lines to and from said lines.
Grantor, does hereby grant and convey to said Company, its successors and assigns the right, privilege and easement to go in, upon and along the tract of land owned by the Grantor to 53454 County Rd. 45, Fort Collins, Colorado 80525 of Larimer County, together with the right to construct, operate and maintain upon said land its lines for the flow of gas, to be placed in the ground according to state building codes, with pipe and other apparatus, fixtures and appliances; with the right to permit the attachment of the pipes and appliances of any other company, to said pipes; together with the right at all times to enter upon said premises for the inspecting of the lines, making repairs, removals, alterations, and extensions thereon; also the right to cut away or trim and keep clear of said lines all tree roots, and other obstructions that may interfere or be likely to interfere with the proper operation of said lines; also the right of ingress and egress over said lines to and from said lines.
The Grantor does not convey any land, but merely grants the hereinabove described rights, privileges and easements. Said Company shall not be liable for, or bound by, any statement or agreement or understanding not herein expressed.

IN WITNESS WHEREOF, the said easement has hereinto set ____________ hand_______________ and seal___________, this 2nd day of October, 2008.
_______________________
By:____________________
Title:___________________

Notary Public__________________
My Commission Expires:

Example Settlement Letter

2009-12-03T22:14:00.000-07:00

LAW OFFICE OF
THOMPSON & THOMPSON

2345 Litigator Way
Fort Collins, CO 80525
________________________________________________________________________
August 27, 2008
Ms. Sandie Everitt
Attorney at Law
1234 Riverside Rd.
Fort Collins, CO 80526

RE: Scott Walker v. Tanya Brewster
District Court
Larimer County, Ohio

Dear Ms. Everitt:

In the interests of bringing the case of Scott Walker v. Tanya Brewster to a speedy and just conclusion, I have been authorized by our client, Scott Walker, to make the following settlement offer to your client. Please consult with your client, give this settlement offer all due consideration, and contact our office with your response within two weeks from the receipt of this letter.

Facts Surrounding the Accident- On December 4, 2003, at approximately 4:30 p.m., five year old Jesse Walker was severely wounded by a bullet accidentally fired from a 9-millimeter Beretta semiautomatic pistol. The shooting occurred in the home of Jesse’s parents, Scott and Claudia Walker.
Scott and Claudia also have a two-year-old daughter, Kym, and Scott has a 13-year-old child, T.J. Walker, from a previous marriage. Only Jesse, Kym and T.J. were in the house at the time of the shooting. T.J. was visiting Scott for the weekend and brought the pistol with her. Tanya Brewster was married to Scott Walker for four years and divorced on May 17, 1994. In August of 2003, Carl Newhouse began living with Tanya and T.J. in the home owned by Tanya. The pistol involved in the shooting is registered to Carl and was stored in the garage of Tanya’s home.

Theories of Recovery-
The defendant knew there was a gun being stored in the house and negligently failed to make sure she knew where the gun was being stored as pursuant to Colorado Criminal Code §105: Criminal Storage of a Firearm.
The defendant should have made sure that there was a lock either on the gun itself or on the case that held the gun pursuant to Colorado Criminal Code §105: Criminal Storage of a Firearm.
Pursuant to Colorado Criminal Code §105: Criminal Storage of a Firearm (a), a person commits the offense of criminal storage of a firearm if he or she keeps, or allows to be kept for any length of time, any firearm within his or her dwelling, and a child of 16 years of age or younger obtains access to the firearm and thereby causes death or great bodily injury to himself, herself, or any other person.
Pursuant to Colorado Criminal Code §105: Criminal Storage of a Firearm (b), A person will not be found guilty under this section if he or she stores the firearm using a trigger-lock or other locking device on the firearm that prevents the firearm from functioning, stores the firearm in a secure, locked container or takes other means reasonably designed to insure that a child of 16 years of age or younger will not come into possession of the firearm.
The defendant, Tanya Brewster, violated these statutes and was negligent in her actions with the storage of the hang gun as well as not locking it properly. In her witness statement Tanya Brewster stated that she was reluctant at first, but then submitted to the gun being in her house. Her boyfriend, Carl Newhouse, convinced her that it would be safe and that he took a firearm safety course and that he would show Tanya the materials from the class. She stated that she read the handout on “Safe Storage of Handguns.” This handout which is Exhibit B in this case, states that “all adults in the house must know exactly where a handgun is stored.” It also states that “a handgun must have some lock either on the gun or on the storage case holding the gun.” It further states that “criminal liability is imposed when a child 16 years or younger obtains a firearm that has not been safely stored and a serious injury results.”
TJ Walker was able to obtain the handgun, take it to school, as well as take it to her father’s house where the shooting occurred. According to TJ’s witness statement, there was no lock on the case nor the gun itself and was loaded as well. Tanya Brewster was negligent in not knowing where the gun was located, and not having made sure it was properly locked.
Tanya Brewster owed a duty to her child to make sure that she knew where the gun was being stored as well as know that the gun was kept safe by use of a trigger lock and/or lock on the storage container. She also needed to make sure that the ammunition for the gun was stored in a separate place than where the gun was stored. Tanya breached that duty by not knowing where the gun was stored in the house or that it was kept safely from the ammunition or had a lock on it. This breach of duty was the proximate cause of TJ finding the gun, taking the gun to Scott Walker’s home, ultimately resulting in the shooting of Jesse Walker. The shooting of Jesse Walker permanently paralyzed him and he will incur medical costs the rest of his life which is dictated below.

Medical Expenses- The medical expenses incurred by Scott Walker through his son, Jesse’s injuries, have been itemized on the list below.
a. Emergency and Intensive Care Services------------------------------------ $ 9,400
b. Surgical Procedures----------------------------------------------------------- $14,400
c. Inpatient Hospital Services--------------------------------------------------- $11,000
d. Prescription Medication------------------------------------------------------ $ 350
e. Specialized Equipment------------------------------------------------------- $3,500
f. Physician Office Visit--------------------------------------------------------- $1,750
g. Physical Therapy-------------------------------------------------------------- $2,000
h. Estimated Annual Medical Expenses--------------------------------------- $15,000
i. Multiplied by estimated remaining life expectancy of 65 years--------- $975,000
TOTAL---------------------------------------------------------------------------$1,017,000

Jesse became permanently paralyzed as a result of the shooting. He will require specialized medical care for the rest of his life.

Proposed Settlement- The plaintiff is asking for a total of $1,017,000 in damages. According to the defendant’s violation of the Criminal Code Statutes, a jury is likely to award the full amount in damages. However, in the interests of a speedy trial and just end to the suit, the plaintiff is willing to settle for an immediate cash award of $500,000. This represents slightly under half of the anticipated recovery should this matter go to trial.
As counsel for the plaintiff, I urge you to take this settlement offer to your client in the spirit in which it is offered. I will look forward to your affirmative response.

_______________________
Jessica Thompson
Attorney at Law

Example Express Irrevocable Living Trust

2009-12-03T13:19:00.002-07:00

DECLARATION OF TRUST

This declaration of trust made on August 12, 2008, by John Q. Public, city of Fort Collins, county of Larimer, State of Colorado hereinafter referred to as settlor.

Section One
Declaration of Trust

I, John Q. Public, as settlor, have assigned Acme Bank and Trust as trustee and I hereby declare that they hold in trust the securities in the amount of $1,000,000 given to the trustee by the me from the my stock in General Motors, and that Acme Bank and Trust will hold such securities, and all substitutions and additions, as the trust estate, for the use and benefit of my twins Bob and Sue Public hereinafter referred to as beneficiaries.

Section Two
Purpose of Trust

The trustee shall receive and collect the income, profits, interest, and dividends from the trust estate and, after first deducting all taxes, and other charges, shall pay the income to the beneficiaries for the amount of college tuition at an institution of their choice, or when the beneficiaries turn twenty-five years of age. At the age of twenty-five the beneficiaries will receive income from the trust annually for the rest of their natural lives.

Section Three
Termination of Trust

The trust will be an irrevocable trust and upon the creation of said trust shall be irrevocable and shall not be subject to amendment or modification. The trust will terminate either when funds run out or at the death of both beneficiaries with the remainder of the trust going to the AIDS Awareness Program charity.

Section Four
Disposition of Income and Principal

After paying the necessary expenses incurred in the management and investment of the trust estate, including compensation of trustee for its own services, the trustee will pay the net income of the trust and distribute the principal of the trust to the beneficiaries equally, in the amount of $9,000 a year annually based on their estimated years left of life.

Section Five
Perpetuities Savings Provision

The remainder of the trust at the death of both beneficiaries will go to AIDS Awareness charity. It will not go to the children of the beneficiaries or the beneficiaries children’s children. If it did so the trust would be void if any income of the trust went to anyone born after twenty-one years after the death of all currently living beneficiaries.

Section Six
Powers of Trustee

Trustee shall have the power to do all acts, institute all proceedings, and exercise all rights, powers, and privileges that an absolute owner of the trust property would have, subject always to the discharge of trustee’s fiduciary obligations.

In witness, I have executed this declaration of trust on the 12th day of August, 2008, above written.

_______________________
Signature of Settlor

_______________________
Signature of Witness

Legal Ethics

2009-12-02T23:02:00.002-07:00

Ethics are defined as those standards by which conduct is measured. Because Paralegals are professionals they are held to a higher ethical standard than an average person. Professional ethics are governed by a set of written rules that establish the limits of permissible conduct in the professional’s contacts with others as well as the manner in which the professional advances their practice. The general ethics that every paralegal needs to know and work by include:
1. If it doesn’t feel right do not proceed until it does.
2. Read and understand the ethical rules.
3. Make sure everyone you come in contract with understands you are a paralegal and not an attorney.
4. Never tell anyone who is not working on a case anything about the case. Keep your confidences.
5. Know what legal advice is and do not be coaxed into giving it.
6. Never make contact with an opposing party in a legal dispute, without permission of your supervising attorney.
7. Disclose your inexperience when you do not know how to complete an assignment.
8. Do not sign anything unless you know it is accurate and that it is permissible for you to sign it.
9. Never pad your time sheets.
10. Know the rationalizations for unethical conduct.
a. It is always done.
b. The other side does it.
c. The cause of our client is just.
d. If I don’t do it I will jeopardize my job.
Also, as a general rule, the paralegal needs to make known their status with every person they have contact with, either on the phone or in person, that they are a paralegal or legal assistant and not an attorney. One of the strictest parts of the ethics field is the regulation of the unauthorized practice of law. Each state defines the unauthorized practice of law differently so it’s hard to write a clear definition. A common aspect that all definitions include is that when an individual violates a UPL statute it is a criminal offense.
The five things that paralegals absolutely can never do while working as a paralegal include:
1. A paralegal cannot accept cases from potential clients.
2. A paralegal cannot set fees.
3. A paralegal cannot give direct legal advice to clients.
4. A paralegal cannot negotiate legal matters on behalf of clients.
5. A paralegal cannot represent clients in court settings. (There are exceptions to this however)
I highly suggest reading the model rules of professional conduct that the American Bar Association has set forth regarding the ethics of paralegals within their scope of employment.

Contract Law Overview

2009-12-02T11:45:00.001-07:00

What is a contract?

A contract is a legally enforceable agreement that meets certain specified legal requirements between two ore more parties in which each party agrees to give and receive something of legal value. It is distinguished from a gift in that each party gives and receives something of legal value.

Requirements for a Contract to Exist-

In determining whether a contractual relationship exists there must be all six of the requisite elements present in order to make a valid contract.

These include Offer, Acceptance, Consideration, Legality of the subject matter, Contractual capacity, and Contractual intent.

Offer:

An offer is a proposal by one party to another manifesting an intention to enter into a valid contract. Every valid contractual relationship starts with an offer.

Acceptance:

The party to whom the offer is made must accept the proposal to create a contract.

Consideration:

Consideration is the subject matter of the contract. It is the thing for which the parties have bargained. Consideration does not always mean the “price.” Although money may be part of the bargain, it is not always the complete bargain. The crucial aspect of consideration is that each party both gives and receives consideration (something of value).

Legality of the Subject Matter:

A contract can only be formed for a legal purpose and must fulfill any statutory regulations with respect to form.

Contractual Capacity :

The contractual capacity of a contract refers to the ability of a person to enter into a valid contract. This mostly deals with the age of the party and the person’s mental condition.

Contractual Intent:

If it can be shown that the parties did not subjectively intend to form a contractual relationship, there will be no contract. To determine intent not only the words of the contract itself but also the surrounding circumstances must be analyzed to determine whether a contract exists.

Method of Creation: Express, Implied, or Quasi-contracts

A contract is formed either by the words or conduct of the parties and is classified accordingly.

Express-

An express contract is one in which the mutual assent of the parties is manifested in words, either orally or in writing.

Implied-

An implied contract is one in which the promises of the parties are inferred from their actions or conduct as opposed to specific words being used.

Quasi-contract-

A Quasi-contract is a contract that looks like a valid contract but is not a contract because one of the requisite elements is missing. In the interests of fairness, the law has determined that a party should be entitled to some remedy if injured by such a situation.

Type of Obligation: Bilateral or Unilateral

All contracts are either bilateral or unilateral. The type of obligation of a contract refers to the kind of duty imposed on the parties to the contract.

Bilateral-

A bilateral contract is a promise for a promise. With a bilateral contract, the parties are expecting a mutual exchange of promises, with the performance to be carried out only after the promises have been given.

Unilateral-

A unilateral contract is a promise for an act. With a unilateral contract, the contract is only created when one side has performed a requested act. Instead of an exchange of mutual promises a unilateral contract is an exchange of a promise for an act.

To determine if a contract is bilateral or unilateral one must determine the intent and the specified wishes of the parties involved. Courts generally go along with what the parties could most reasonably expect under the circumstances because that would indicate the true meeting of the parties’ minds with respect to the manner of acceptance sought.

Type of Form: Formal and Informal

Formal-

A formal contract is a contract that was written and signed under seal, historically. The seal was used as the consideration for the agreement.

Informal-

An informal contract is any contract that is non-formal. Informal contracts are agreements that meet all the requirements of valid contracts.

Timing: Executory and Executed Contracts

Timing is one of the most critical questions for the parties to a contract. The timing element indicates when the parties have enforceable rights and obligations.

Executory-

An executory contract is a contract in which one or both of the parties still have obligations to perform.

Executed-

An executed contract is complete and final with respect to all of its terms and conditions.

Enforceability: Valid, Void, Voidable and Unenforceable

Valid-

A valid contract is an enforceable contract that meets all of the six requirements. There is a proper offer and acceptance, a legally valid consideration is given and received, the parties have the legal capacity to enter into a contract, the contract is for a legal purpose and the parties genuinely intend to contract. Either party can bring a lawsuit for the enforcement of a valid contract.

Void-

A void contract is a circumstance in which there is no contract and therefore the law does not entitle the parties to any legal remedy.

Voidable-

In a voidable contract a party to the agreement has the option of avoiding their legal obligation without breaching the contract, but if they wished, could affirm their obligation and thereby be contractually bound. A contract entered into by a minor is an example of a voidable contract.

Unenforceable-

An unenforceable contract is a valid contract for which the law offers no remedy if its obligations are not fulfilled.

Substantive vs. Procedural Law

2009-12-01T21:42:00.000-07:00

All law is either substantive or procedural. Substantive law is the law setting forth the rights and duties of individuals. For every right, there is a corresponding duty. Procedural law is the law setting forth the rules that must be followed when working within the legal system. The case law created by the courts can be either substantive or procedural law. Contract law, is a type of substantive law which defines what parties must do to create a contract and what their rights are if the party with whom they contracted fails to honor their obligations under the contract. The primary source of procedural law in the federal courts is court rules. Judges create and adopt their own rules for the conduct of cases in their courts. Each court similarly also has their own sets of rules called rules of civil procedure. Failure to comply with procedural law can result in a case being dismissed or some other consequence. Although paralegals must learn a certain amount of substantive law, they must master procedural law.
All substantive law is either public or private or criminal or civil. Public law consists of rules which involve the relationship of government to society as a whole. Constitutional law, administrative law, and criminal law are examples of public law. Private law consists of rules which involve the relationship of private individuals to each other. Most civil law is private law, including tort law, contract law, and most property law.
Criminal law consists of rules designed to protect society by providing minimum standards of conduct which must be observed by each of its members. Civil law consists of legal rules that focus on the rights and duties of individuals in relation to each other.

Administrative Law Overview

2009-12-01T11:02:00.000-07:00

What is Administrative Law?
Administrative law is the law concerning the organization and operation of administrative agencies and the relations of administrative agencies with the legislature, the executive, the judiciary, and the public.
Administrative law has three functions:
1) Statutes endowing agencies with powers and establishing rules of substantive law relating to those powers.
2) Body of agency-made law, consisting of administrative rules, regulations, reports or opinions containing findings of fact, and orders.
3) Legal principles governing the acts of public agents when those acts conflict with private rights.
Functions of Administrative Agencies
Legislative: Writing rules and regulations
(Agencies write the rules and regulations that make up administrative law)
Executive: Seeing that rules and regulations are carried out
(Agencies ensure that the administrative regulations created by the agency and the statutes created by the legislature are carried out)
Judicial: Interpreting regulations and statutes
(Agencies interpret the regulations and statutes governing the agency)
Administrative Agencies Rule Making Power-
Administrative agencies are created when congress or a state legislature pass legislation that broadly defines the powers of that agency. This is called an Enabling Statute. Based on the enabling statute, that agency then has the authority to create rules and regulations.
Administrative agencies must conform to various requirements mandated by the constitution and by statute when creating these rules. This is because of the Administrative Procedure Act (APA).
The APA requires agencies to:
1) Keep the public currently informed of their organization, procedures, and rules.
2) Provide for public participation in the rule-making process.
3) Prescribe uniform standards for the conduct of formal rule-making.
Administrative Law Judges (ALJ)-
An administrative law judge is a judge who resolves disputes between individuals and agencies regarding the application or interpretation of rules and regulations.
Decisions made by administrative law judges include:
Establishment of rates for gas, electrical, communication and transportation
Radio and television broadcasting licensing
Compliance with federal standards relating to interstate trade, labor relations, advertising, consumer products, and food and drugs
Transportation and industry health and safety regulation
Adjudication of claims relating to Social Security benefits, workers’ compensation, and international trade.
Research of Administrative Law-
Research in Administrative law requires the familiarity with the Code of Federal Regulations (CFR) and the Federal Register. These two should be used simultaneously to determine the relevant agency ruling or regulation, to update the rule or to determine whether the rule remains effective.
The CFR is a compilation of rules published in the Federal Register by the executive departments and agencies of the federal government.
The Federal Register provides a chronological publication of agency rules and regulations.
The Federal Regulatory Directory is a source for basic information concerning administrative agencies. The directory presents the information needed to deal with the multitude of federal regulatory agencies.
Paralegals Role-
A paralegal working in a law firm may be responsible for analyzing administrative regulations and helping determine their applicability to clients’ activities.
A paralegal in a corporate department for a regulated industry, like banking, may be responsible for helping attorneys review applicable administrative regulations and evaluate corporate compliance with those regulations.
A paralegal working for an administrative agency may be responsible for drafting proposed rules, gathering facts to determine whether an individual or entity has complied with agency rules, or analyzing surveys to assess whether a new rule is appropriate.

Legal Research

2009-11-30T12:24:00.001-07:00

Legal researchis one of the aspects of law that a paralegal absolutely needs to be incredibly proficient in. It is also one of those things that takes time and practice to fully master. It also helps to enjoy performing legal research. It is very important to be able to find the law more than it is to know the law. Proficiency in legal research is the foundation for a successful career as a paralegal. If you cannot perform legal research tasks accurately and efficiently, you will not be a successful paralegal.
There are basically two ways to perform legal research. The first one was the initial way to perform legal research and that was to use the law library and look through books of cases written on paper. The other, and the more technologically savvy and modern is to perform legal research online using Westlaw, Loislaw or some other program. This is the choice of almost every law firm and is the quickest way to perform your research.
To be able to perform legal research the paralegal must know the sources of law in the United States. The first is previous cases or common law. Common law is defined as that body of law that develops and derives through judicial decisions as distinguished from statutes or constitution by Blacks Law Dictionary. Judges follow and use case law to determine current disputes. The concept is called stare decisis pronounced star-ee diss-eye-sis. The doctrine of stare decisis means that once courts have announced a principle of law, they will follow it in the future in cases that are substantially similar.
The next source of law is contained in constitutions and statutes. A constitution sets forth the fundamental law for a nation or a state. It is the document that sets forth the principles relating to organization and regulation of a federal or state government. In the United States it is considered the supreme law of the land. A statute, or law, is a law passed by a legislative body.
A third source of law is administrative regulations. Administrative agencies include Department of Justice, Federal Bureau of Investigation, FDA, OSHA and the like. The agencies perform two functions. They act as a legislature by making rules and regulations that bind us and they act as a judiciary by hearing disputes and rendering decisions.
The fourth source of law in the United States is the Executive Branch. The executive branch creates laws in three ways. The branch creates treaties with the advice and consent of the Senate. Secondly, the president can issue executive orders to regulate and direct federal agencies and officials. Thirdly, the executive branch exerts influence on the law through policies on enforcing laws.
These are the sources of law in the United States legal system. From these sources comes every rule or law that must be abided by. Out of all the great multitude of legal authorities, they can be classified as either primary authority or secondary authority.
Primary authorities are official pronouncements of the law by the executive branch, legislative branch, and judicial branch. The key primary authorities are cases, constitutions, statutes and administrative regulations. Primary sources are those created by a governmental entity. If a legal authority does not fall within one of the previously mentioned categories, it is a secondary authority. Secondary authorities consist of legal encyclopedias, law review articles, books or other treatises dealing with legal issues, law dictionaries, annotations about the law, or expert opinions. The secondary authorities are not the law but rather provide comment, discussion, and explanation of the primary authorities and help you locate the primary authorities. Keep in mind that the purpose of secondary authorities is to explain the primary authorities and locate the primary authorities that must be followed by the court.

Example Model Will

2009-11-28T11:01:00.000-07:00

Last Will and Testament
Of
Sku B. Due

I, Sku B. Due, city of Dalmatian, State of Colorado, being of sound mind and body, hereby make this my Last Will and Testament revoking all former wills and codicils made at an earlier time.

ARTICLE I

I direct that all the funeral and burial arrangements be taken care of by my personal representative.

ARTICLE II

I give and devise my house located at 123 Doggy Lane, Dalmatian, Colorado 80350 to my wife Pat S. Due. I give my 2005 Harley Davidson Road King to my son, Over Due. To be fair, I want each of my daughters, Morning and Sunshine Due, to receive $18,500 each because that is what the Harley Davidson is worth. My coin collection is to be re-appraised at the time of my death and the worth is to be added to my augmented estate. I direct that a trust be created at the moment of my death out of which is to be paid the college tuition of my children.

ARTICLE III

I direct that all the rest, residue and remainder of my estate, real, personal and mixed, or in which I may have any interest to which I may be entitled, shall be given to my wife Pat S. Due. If my wife does not survive me, the remainder of my estate is to be divided up equally and given to my children, Over, Sunshine and Morning and any after born children.

ARTIVLE IV

I hereby nominate and appoint my wife, Pat S. Due to be Personal Representative of this will. If she shall fail to qualify or cease to serve, I nominate and appoint my brother, John Q. Due to serve as Personal Representative in her place.

ARTICLE V

I direct that any Personal Representative be exempt from giving surety on his or her official bond. The word personal representative shall mean any administrator of this will.

____________ ___________ Page 1 of 3
(Initial) (Date)

ARTICLE VI

I appoint my wife, Pat S. Due, as guardian of the persons and property of my minor children, Over Due and Sunshine Due. No guardian appointed in this will or any codicil need furnish any surety on any official bond.

ARTICLE VII

All inheritance, estate, and other taxes in the nature of death taxes, whether state or federal, and any debt that needs to be paid, with respect to any property passing under this will shall be paid by my Personal Representative out of the residue of my estate, and, in addition, my Personal Representative may in his or her discretion pay from my residue all or any part of such taxes attributable to property not passing under this Will.

ARTICLE VIII

Every heir, legatee, devisee, or beneficiary under this will who shall contest in any court any provision of this instrument shall not be entitled to any devises, legacies, or benefits under this will or any codicil to this will or any trust created by this will.

ARTICLE IX

I have, except as otherwise provided in this will, intentionally and with full knowledge, omitted to provide for my heirs who may be living at the time of my death, including any person who may become my heir by reason of marriage or otherwise after the date of the execution of this will.

ARTICLE X

I, the undersigned testator, do hereby declare that I sign and execute this instrument as my last will, that I sign it willingly in the presence of each of said witnesses, and that I execute it as my free and voluntary act for the purposes herein expressed, this _____ day of _________, 2008.

________________________
Sku B. Due

___________ ___________ Page 2 of 3
(Initial) (Date)

ARTICLE XI

I, Sku B. Due, the testator, sign my name to this instrument this _______day of ________, 2008, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.
______________________
Sku B. Due

ARTICLE XII

We, the undersigned witnesses, each do hereby declare in the presence of the aforesaid testator that the testator signed and executed this instrument as his last will in the presence of each of us, that he signed it willingly, that each of us hereby signs this will as witness in the presence of the testator, and that to the best of our knowledge the testator is eighteen years of age or over, of sound mind, and under no constraint or undue influence.

__________________ __________________
(Witness) (Witness)

__________________ __________________
(Witness) (Witness)

Subscribed, sworn to, and acknowledged before me by the said testator and witnesses this _______day of _________, 2008.

______________________
Notary Public
My commission expires:

___________ __________ Page 3 of 3
(Initial) (Date)

Example Durable Power of Attorney

2009-11-25T08:01:00.000-07:00

I, Condoleezza Rice, a resident of Boulder, CO; designate George W. Bush, presently residing at 1600 Pennsylvania Ave. Washington, D.C., as my attorney in fact, herein referred to as “Agent,” on the following terms and conditions:
Authority to Act. The Agent is authorized to act for me under this Power of Attorney and shall exercise all powers in my best interests and for my welfare. This power of attorney will continue to be effective even though I become disabled, incapacitated, or incompetent.
Powers of Agent. The Agent shall have the full power and authority to manage and conduct all of my affairs, and to exercise my legal rights and powers, including those rights and powers that I may acquire in the future, including the following:
Collect and Manage. To collect, hold, maintain, improve, invest, lease, or otherwise manage any or all of my real or personal property or any interest therein;
Buy and Sell. To purchase, sell, mortgage, grant options, or otherwise deal in any way in any real property or personal property, tangible or intangible, or any interest therein, upon such terms as the Agent considers proper, including the power to buy United States Treasury Bonds that may be redeemed at par to pay federal estate tax and to sell or transfer Treasury securities;
Borrow. To borrow money, to execute promissory notes therefore, and to secure any obligation by mortgage or pledge.
Business and Banking. To conduct and participate in any kind of lawful business of any nature or kind, including the right to sign partnership agreements, continue, reorganize, merge, consolidate, recapitalize, close, liquidate, sell, or dissolve any business and to vote stock, including the exercise of any stock options and the carrying out of any buy sell agreement; to receive and endorse checks and other negotiable paper, deposit and withdraw funds (by check or withdrawal slips) that I now have on deposit or to which I may be entitled in the future in or from any bank, savings and loan, or other institution;
Tax Returns and Reports. To prepare, sign, and file separate or joint income, gift, and other tax returns and other governmental reports and documents; to consent to any gift; to file any claim for tax refund; and to represent me in all matters before the Internal Revenue Service;
Safe Deposit Boxes. To have access to any safety deposit box registered in my name alone or jointly with others, and to remove any property or papers located therein;
Proxy Rights. To act as my agent or proxy for any stocks, bonds, shares, or other investments, rights, or interests I may now or hereafter hold;
Legal and Administrative Proceedings. To engage in any administrative or legal proceedings or lawsuits in connection with any matter herein;
Transfers in Trust. To transfer any interest I may have in property, whether real or personal, tangible or intangible, to the trustee of any trust that I have created for my benefit;
Delegation of Authority. To engage and dismiss agents, counsel, and employees, in connection with any matter, upon such terms as my agent determines;
Restrictions on Agent’s Powers. Regardless of the above statements, my agent (1) cannot execute a will, a codicil, or any will substitute on my behalf; (2) cannot change the beneficiary on any life insurance policy that I own; (3) cannot make gifts on my behalf; and (4) may not exercise any powers that would cause assets of mine to be considered taxable to my agent or to my agent’s estate for purposes of any income, estate, or inheritance tax, and (5) cannot contravene any medical power of attorney I have executed whether prior or subsequent to the execution of this Power of Attorney.
Durability. This durable Power of Attorney shall not be affected by subsequent disability or incapacity of the principal.
Reliance by Third Parties. Third parties may rely upon the representations of the Agent as to all matters regarding powers granted to the Agent. No person who acts in reliance on the representations of the Agent or the authority granted under this Power of Attorney shall incur any liability to me or to my estate for permitting the Agent to exercise any power prior to actual knowledge that the Power of Attorney has been revoked or terminated by operation of law or otherwise.
Indemnification of Agent. No agent named or substituted in this power shall incur any liability to me for acting or refraining from acting under this power, except for such agent’s own misconduct or negligence.
Original Counterparts. Photocopies of this signed Power of Attorney shall be treated as original counterparts.
Revocation. I hereby revoke any previous Power of Attorney that I may have given to deal with my property and affairs as set forth herein.
Compensation. The Agent shall be reimbursed for reasonable expenses incurred while acting as Agent and may receive reasonable compensation for acting as Agent.
Substitute Agent. If George W. Bush is, at any time, unable or unwilling to act, I then appoint John McCain, presently residing at 241 Russell Senate Office Building, Washington, D.C., as my Agent.

Dated: August 14, 2008
_______________________________Condoleezza Rice
Signed in the presence of:
_______________________________Witness
_______________________________Witness
Subscribed and sworn to before me on [DATE].
____________________________________Notary Public, [COUNTY, STATE]My commission expires ______________.