PA 106: Legal Transcription and Terminology

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PA 106: Legal Transcription
and Terminology
Unit 1: Welcome, Civil Procedure,
and the Client Letter
About the Course
The syllabus will guide you throughout the
course. It will remind you when graded
items are due and what we are studying
during each unit.
You can see from the syllabus a
breakdown of your gradebook – that
shows what papers are worth more than
the others.
Office Hours
I will hold my office hours via the chatroom
located in the classroom every Monday
from 9 to 11 am EST. If you cannot make
it during this time but would like to meet
with me, please either email me or post a
note under Ask the Prof. and we will
arrange for a different time to talk.
Seminars
Seminars will be held every Wednesday at
9:00 pm EST. I arrive in seminar right at 9
because I have a class immediately
preceding this one. But I will stay after
class in case anyone needs or wants to
talk.
Seminars are graded –if you cannot make
it, you can write a 2 page summary and
send it by email to earn your points.
Seminars (cont.)
 Seminars are graded –if you cannot make it, you
can write a 2 page summary and send it by
email to earn your points.
 If you try to enter the seminar but it won’t load,
and you’ve been trying for 5-10 minutes, you
should head over to the chatroom in the
classroom. We call this Plan B.
 In the rare event that neither the seminar
platform nor the chatroom is working, we will
have to reschedule the seminar.
What’s This Course About?
The law is its own language
Here you will learn basic terminology that
we use in the law, and how to apply it
Understanding what the terminology
means and how to use it in oral and
written communication is key
To learn this basic terminology, we will
study different areas of the law
What else will you learn?
You will learn the basic procedures for
transcribing, formatting, and processing
legal correspondence and documents
You will learn the appropriate use of legal
terms, phrases, abbreviations, symbols
and reference sources used by attorneys,
paralegals and courts.
What else will you learn?
You will learn the pronunciation, spelling,
and definition of legal terms, phrases,
abbreviations, symbols and reference
sources used by attorneys, paralegals and
the courts.
How will you do this?
 Draft client correspondence and legal
forms and documents
 Transcribe legal documents
 Interact effectively in professional
contexts
 Use legal terminology to conduct
effective interviews with clients,
witnesses and experts.
How Will You Be Graded?
SEMINARS
5 POINTS EACH
DISCUSSION BOARD
UNIT 1 ASSIGNMENT
UNIT 2 ASSIGNMENT
MIDTERM EXAM
20 POINTS EACH
60 POINTS
60 POINTS
90 POINTS
UNIT 5 ASSIGNMENT
UNIT 7 ASSIGNMENT
UNIT9 ASSIGNMENT
130 POINTS
60 POINTS
180 POINTS
QUIZZES
FINAL EXAM
20 POINTS EACH
180 POINTS
PROJECTS
LETTER TO CLIENT
UNIT 1
TIME DEADLINES
UNIT 2
TRANSCRIPTION:
COMPLAINT
UNIT 5
LAST WILL AND
TESTAMENT
UNIT 7
TRANSCRIPTION:
DISSOLUTION OF
MARRIAGE
UNIT 9
Grading Rubrics
We use rubrics to assist us with grading
your discussion board contributions and
your written work.
These are located in the syllabus. Please
review them and let me know if you have
any questions about them.
Online Library and Lexis
Should you need additional material, you
are welcome to use the online library and
Lexis Nexis. Both are available to you as
a student in Legal Studies.
You can access the library from your desk
page. After clicking on the library tab, click
on “electronic articles” and then on Lexis
Nexis.
Academic Success Center
Take advantage of the free academic support
services available through the Kaplan
University Academic Success Center, including:
 Writing Center
 Math Center
 Paper Critiques
 Online subject-matter references and tutorials
 Live online tutoring
Any Questions?
This Week: Civil Procedure
 We will learn the basics of what civil procedure
is, and the process of filing a lawsuit.
 You will conduct Internet searches and post your
findings to the Webliography area in the
classroom.
 You will take a graded quiz at the end of the
week to measure your understanding.
 You will turn in your first assignment by Tuesday
night.
Flashcards
There are flashcards in every unit where
you can practice your understanding of the
vocabulary and terminology that we are
studying.
The flashcards are located in the last file
of the eBook, AppendixIndex.pdf in Doc
Sharing. You can print them out if you
wish to do so.
Civil Procedure and Filing a Lawsuit
In our court systems, we have civil law and
criminal law.
If you have a civil action, it must be filed in
the appropriate civil courthouse. Civil
actions are between private parties.
A criminal action gets filed in a criminal
court. A criminal action is filed by the state.
Filing a Lawsuit
When a person files a petition or a
complaint, that person is initiating a
lawsuit against someone else. To file that,
the person has to claim or allege in the
complaint a cause of action against
someone else.
The plaintiff is the person filing the
complaint, and the person against whom it
is filed is the respondent or defendant.
Rules of Civil Procedure
 Every state has rules that spell out how the
parties are supposed to proceed once a lawsuit
is filed. These are the Rules of Civil Procedure.
 One rule relates to how long a defendant has to
file an answer to the plaintiff’s complaint. Some
defendants can file a responsive motion
instead of an answer.
 The complaint and answer together are known
as the pleadings. A plaintiff must demand a jury
trial in the complaint or waives that right.
Service of Process
When the plaintiff starts the lawsuit, he or
she serves a copy of the complaint on the
defendant with a summons.
This is what we refer to as “service of
process.” Service is made by a constable
or other like person.
 Service on the opposing party is
documented and proven by an affidavit of
service.
Motions and Defendant’s Claims
The defendant can file motions at the
pleadings stage of a lawsuit.
A typical motions at this time are a motion
to dismiss.
If the defendant answers the complaint, he
can file a cross or counter claim, or can
file an affirmative defense.
Pretrial Discovery Process
The next phase of litigation involves
learning in detail about the parties’
respective claims by examining
documents and witnesses. This is known
as the pretrial discovery process.
This stage can last 10 months to a year or
sometimes longer.
Methods of Discovery
Depositions (oral testimony of any
witness)
Interrogatories (written questions – only
to parties)
Request for Production of Documents
Request for Admissions
Request for Inspection
Request for Medical Examination
Pretrial Motions
 Parties may file pretrial motions to resolve
issues before the trial begins. Pretrial motions
can be made at any time – not just at the
pleadings stage.
 A respondent may file a motion to dismiss or a
motion for summary judgment.
 Any party may file a motion to exclude certain
types of evidence that the other side intends to
present. The judge alone decides the motion.
Trial
If the parties cannot resolve their dispute,
the action proceeds to trial.
A jury is empanelled and voir dire may
occur.
Evidence is presented by both sides.
The plaintiff has the burden of proof on
the claims in the complaint, and the
defendant has the burden of proof on any
affirmative defenses in the answer.
Examining Witnesses
When a party is presenting a witness, he
or she will conduct a direct examination
of that witness.
If the opposing side then wants to question
the witness, the opposing side will conduct
a cross examination of that witness.
Jury Deliberations and Verdict
After all of the evidence has been
presented, the parties make closing
arguments.
The judge then reads jury instructions
and sends the jury to deliberate. The jury
is sequestered during this time.
The jury returns a verdict, and judgment
is entered. An appeal is the only way to
change the verdict.
Any Questions?
This Week’s Project
For this week’s assignment, you shall
compose a letter addressed to your
attorneys’ client and explain to him the
initial process of a lawsuit up to the filing of
the pleadings. Be sure to use the
terminology that you have learned in this
unit. The letter should be properly
formatted and demonstrate strong written
communication skills.
This Week’s Project
 When composing legal correspondence,
assume that you are employed by Smart & Lee
PPC, 1212 Third Ave, Suite 300, Bellevue,
Florida 25515. The attorney you draft
documents for is Ms. Ima Smart. Her client is
Jim Knott at Easy Construction, 305 Hanford
Ave, Richland, Florida 25518. The opposing
counsel is Bill Bold who is employed at Early,
Bold & Help, 3432 Apple St, Bellevue, Florida
25519. His client is Cindy Tank, Sunshine Tank
Supplies, Incorporated, 5678 38th NE,
Kennewick, Florida 25539.
Quiz Prep
 What is a motion for summary judgment?
 What is service of process?
 What is pretrial discovery?
 What is venue and when can a change of venue
be requested?
 What are the pleadings?
 What is a deposition?
 What is a memorandum of law?
 What is a complaint and which party files that?
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