SYLLABUS FOR: PAL 250 FAMILY LAW Instructor: John A. Plesa 419E – Wheeling Campus (304)-214-8895 [Office] jplesa@wvncc.edu Course description: This course will provide students with an understanding of the law as it relates to domestic relations. Topics will cover such areas as premarital agreements, annulment, divorce proceedings, spousal support, child custody, paternity proceedings, adoption, and the new status of motherhood. Office Hours: Monday = 2:00-5:30; Tuesday = 3:00-5:30; Wednesday = 4:00-5:30; Thursday = 2:00-5:30; Friday = [BY APPOINTMENT ONLY 10:00-Noon] If office hours are postponed or canceled, notification will be posted on office door. Prerequisites: Prerequisites/Corequisites: At least a “C” in PAL 160 or permission of the program director Credit hours: 3 Lecture hours per week: 3 Expanded description/Course Focus: The course will provide students with hypothetical cases along with sample forms to illustrate the concepts covered in the chapters. Texts: FAMILY LAW FOR PARALEGALS, Kent Grades: Will consists of quizzes, homework, tests, mid-term, & final; Class participation will be used to assess borderline grades. Grading System: 100%-90% = A 69%-60% = D 89%-80% = B 59%-00% = F 79%-70% = C Students who have an “A” average at the end of the semester will be excused from the final examination. Attendance Policy: Due to the nature of the course it is important that you attend class. You will be allowed two (2) absences for the semester. I will make exceptions for extreme circumstances (e.g. death in the family). You will drop ½ letter grade for each absence exceeding two (2). Chronic absence from class will result in administrative withdrawal. YOU ARE RESPONSIBLE FOR ANY AND ALL MATERIALS, TESTS, ASSIGNMENTS, ETC. THAT YOU MISS! Assignment Deadlines: The nature of the legal profession requires strict adherence to deadlines and timetables, therefore, so does this course. Failure to follow and/or meet assignment deadlines will result in a 50% reduction of the allocated points for that assignment. If an assignment is more than 48 hours late, you will not receive credit for that assignment. All assignments are to be transmitted electronically to the e-mail account listed on this syllabus. With the exception of extreme circumstances (e.g. death in the family) excuses WILL NOT be tolerated. Routine doctor appointments or other appointments and in most cases computer “problems” do NOT classify as extreme circumstances and instructor may request/require documentation. Classroom Conduct Policy: Students are expected to conduct themselves in a courteous, responsible, mature manner in the classroom. This includes being prepared for class; informing the instructor if you are going to miss class; not coming late, leaving during class, or leaving early without prior notification and for legitimate reasons; not engaging in sidebar conversations or being otherwise disruptive in class, harassing or distracting other students or the instructor, making offensive comments, and turning off cellular phones during class. Academic Honesty Policy: Students are expected to conduct themselves in an adult, ethical, honest and professional way on assignments, research papers, and exams. Academic dishonesty includes things like: cheating (this includes helping or being helped on exams or other assignments that are to be done individually), putting your name on someone else’s work and turning it in as your own, doing work someone else is supposed to be doing, and plagiarism. You are responsible for your own work. If an assignment is given and you use an outside source to complete that assignment, you must cite to that outside source. Plagiarism and cheating in any form will automatically result in an F (0%) for that assignment and may result in dismissal from the class, program, and/or the College. Please note: If you are suspended or expelled from the College for academic dishonesty your eligibility to receive financial aid from ANY institute of higher education will be PERMANENTLY affected. Social Justice Policy: WVNCC does not discriminate on the basis of race, gender, age, disability, veteran status, color, national origin, religion, or sexual orientation. Any suggestions as to how to further a positive and open learning environment in this class will be appreciated and given serious consideration. If you are a person with a physical or psychological disability and anticipate needing any type of accommodation in order to participate or succeed in this class, please advise me AND contact the Office of Disability Services in Wheeling. Emergency Announcement Procedures: WV Northern wants to take a moment to remind you of safety and emergency procedures that must be followed while at the college. Please look around this room and identify exit doors in the event of an emergency. Should a fire alarm sound please exit the building using the nearest door and follow the direction of WVNCC floor monitors or security/emergency personnel. Should you receive an announcement on this room’s intercom to lockdown or shelter in place, please turn off all lights and move away from windows and doors. You must remain at your location until instructed otherwise by security and or WVNCC personnel. In the event of a medical or other emergency, call (9)-911, if using a college phone and notify college personnel of the emergency. The College also wants to remind you we have a Text Alert system which you can sign up for free of charge, the link is on your portal account on the left side. We will use this only in emergency situations (including weather emergencies). Continuity of Instruction: In the event that class is postponed or canceled, instructor will inform students via e-mail and signs will be posted. Lecture notes and assignments for cancelled classes will be sent via e-mail as well as the day/date of the instructors anticipated return. Outcomes The students will 1. Define, explain, & distinguish premarital agreements, cohabitation agreements, post nuptial agreements, & separation agreements. 2. Identify the requirements for a ceremonial marriage. 3. Define, explain, & distinguish ceremonial marriage, covenant marriage, common law marriage, putative marriage, & same-sex marriage. 4. Explain the differences between annulment, divorce, & legal separation. 5. Define & explain no-fault divorce & fault divorce. 6. Define, explain, & distinguish equitable distribution and community property. Student Learning Outcomes: Students who successfully complete Family Law will: 1. 2. 3. 4. 5. Explain the paralegal’s role in family law Define premarital agreement Define cohabitation agreement Define postnuptial agreement Define separation agreement 6. Explain express contract 7. Explain implied contract 8. Explain quasi contract 9. Explain partnership 10. Explain joint venture 11. Explain putative spouse doctrine 12. Identify the requirements for a ceremonial marriage 13. Explain covenant marriage 14. Explain common law marriage 15. Define putative marriage 16. Explain the circumstances in same-sex marriages 17. Explain the difference between annulment, divorce, and legal separation 18. List the grounds for annulment 19. Explain consanguinity and affinity limitations 20. Define sham marriages 21. Describe the consequences of an annulment decree 22. Explain no-fault grounds for divorce 23. Explain fault grounds for divorce 24. List the defenses to the fault grounds for divorce 25. Define judicial separation 26. Define separate maintenance 27. Identify terms related to the divorce procedure 28. Identify terms related to the nature of jurisdiction 29. Explain venue 30. Describe the pretrial matters 31. Explain alternative dispute resolution 32. Explain the enforcement of divorce judgment 33. Explain a separation agreement 34. Identify the types of documents needed in uncovering financial assets 35. Identify the parts to a separation agreement 36. Explain property division 37. Explain the modification to a separation agreement 38. Identify the kinds of child custody 39. Explain the factors in a parent vs. parent child custody 40. Explain court decisions on visitation rights 41. Explain the Uniform Interstate Family Support Act 42. Explain how courts can enforce the child support orders 43. Explain the legal rights of women 44. Explain legitimation 45. Explain paternity proceedings 46. Explain the adoption process