What are we learning in paralegal school?

Why it is important to have a will?

Paralegal school covers many topics. One of the most important topics affects all of us: Wills and Estates. It is so important to have a will and yet many of us do not. Do you have a will?

When someone dies without a will, they die intestate. The decedent’s property then passes according to the state laws of intestate succession. In general, intestate succession laws determine the identity of heirs, set for the rights of family members, and establish guardianship of minors. Thus, the state law determines the distribution of property to the heirs and it may not necessarily coincide with the decedent’s wishes.

There are many advantages of having a will.  Some advantages to having a will are: (a) one can select the people who or institutions that will inherit from one’s estate, (b) one can name a guardian for one’s minor children, (c) one can choose who will be the personal representative of his or her estate, and (d) one can leave property to others in trust. Having a will ensures that the testator’s (decedent who died with a will) wishes are carried out as to who inherits what property and who will become guardian of any surviving children.

Although, writing one’s own will can be risky for a layperson because the law of wills is highly technical and differs widely from state to state. Laypeople who write their own wills are often not aware of the many rules that apply to the writing of a will. In addition, they are unfamiliar with the true meaning of some of the terms that are commonly used in wills. They tend to throw in all of the legal mumbo jumbo without really understanding the legal consequences. The money you spend on an attorney is certainly worth it when you are talking about your estate and heirs.

Paralegals working in an Estates practice often help prepare drafts of wills, review drafts of wills with the supervising attorney and client, gather documents upon the testator’s death and track expenses. You can learn more about wills in the Wills and Estates course at the American Institute for Paralegal Studies paralegal school.

To find out more information on the American Institute for Paralegal Studies paralegal school program, please visit:

http://www.youtube.com/AIPSParalegal or the curriculum page of the AIPS website (www.aips.com) at http://www.aips.com/advanced-courses/course-descriptions/

Paralegal School includes Evidence course in the Advanced Litigation Specialty

One of the things that I teach new students at the AIPS paralegal school is that prime time law shows do not depict real life. These shows are fictional where cases go to trial within days and the underdog always wins. The parties (actors) say what they want to say during trial and admit every type of evidence. Not true in real life. In real life there are rules of evidence that prohibit some of those controversial pieces of evidence at trial and prevent your client from dramatically confessing on the stand.  The topic of evidence is taught in the Advanced Litigation course as part of the Litigation specialty at the AIPS paralegal school.

The rules of evidence govern what evidence is admissible and what is excluded. The evidence must be relevant and admissible. Relevant evidence is evidence that tends to make a fact or consequence more or less probable than it would be without the evidence. However, even though evidence is relevant it may be excluded by the U.S. Constitution, a statute, case law or other contrary evidence rule. For example, some rules of evidence that exclude relevant evidence are:  the evidence is unduly prejudicial which means that the probative value is substantially outweighed by the danger of unfair prejudice, evidence of a character trait if that evidence is used for the purposes of proving that the person   acted in conformity with the character trait, evidence that a party took measures to correct something after the damage leading to the lawsuit was done, evidence of settlement offers, and hearsay. There are many other rules that may prohibit relevant evidence from being admitted at trial.

There are many rules of evidence to learn in paralegal school. Litigation is a very interesting and demanding area of law. Students at the AIPS paralegal school have the option of obtaining a Litigation specialty, in addition to the paralegal certificate. The Litigation specialty certificate is a valuable piece of the paralegal school education that contributes towards the success of a paralegal. 

To find out more information on evidence in the Advanced Litigation course at the AIPS paralegal school visit http://www.youtube.com/AIPSParalegal or the curriculum page of the AIPS website, or the course description page.

Tort class as part of the paralegal certificate program

AIPS paralegal certificate

Invasion of privacy is an area of law taught in the Torts class as part of the American Institute Paralegal School (AIPS) paralegal certificate. With today’s technology it is easy for “big brother to watch. Do we really have a right to privacy after we share so much information on the internet? Most would say absolutely! We don’t expect the government to monitor our use of the internet and certainly don’t want private individuals intruding into our personal affairs. A lot of damage can through the power of obtaining information.

Invasion of privacy is a sub-category of intentional torts and covers four torts: disclosure, intrusion, appropriation, and false light.  These four torts protect a person’s right to be left alone and involve the intentional intrusion into someone’s private activities in a manner that embarrasses, humiliates, or is outrageous to the reasonable person.

Disclosure is the intentional publication of embarrassing private affairs that would be highly offensive to the reasonable person.  However, the facts can’t already be of a public nature or a legitimate matter of public concern. Intrusion is the intentional and unauthorized intrusion into someone’s private activities. Once again, the intrusion has to be highly offensive to the reasonable person.   A common form of intrusion is wiretapping. However, there are exceptions that allow this action such as government and criminal investigations.  The third invasion of privacy tort is appropriation. Appropriation involves the unauthorized use of someone’s name, personally or likeness and it must be done for the user’s benefit. For example, Kim Kardashian recently sued a weight loss company that used her image on a billboard to promote their product, but had failed to get her permission to use her picture. The final tort is false light. False light involves the publication of something about the plaintiff that places him/her in a false position in the public eye.  The important factor here is that the information must be false. All four torts are important in protecting our right to privacy. You can learn more about the right to privacy and the resources available to you under the law as part of the Torts paralegal certificate class.

For more reading on Invasion of Privacy, visit these links:

http://definitions.uslegal.com/i/invasion-of-privacy/

http://theamericanscholar.org/the-invasion-of-privacy/

http://www.cvc.sunysb.edu/334/ethics/Privacy.html

To find out more information on the paralegal certificate Tort Law class visit http://www.youtube.com/AIPSParalegal or the curriculum page of the AIPS website  at http://www.aips.com/advanced-courses/course-descriptions/

Paralegal school can help when buying property

Various property ownerships in the Real estate course at the AIPS Paralegal School

With a fallen real estate market and lower interest rate, it makes sense to purchase real estate, but how does that fit in with paralegal school? Paralegal school can help by educating you in the area of Real Estate law so that you can make a smart and educated decision when purchasing a piece of property. Educate yourself, like taking a real estate course in paralegal school, and the results may affect you down the road and may even affect your children and heirs. The Real Estate law class at the AIPS paralegal school teaches you the different types of property ownership. 

Real property may be owned by just one person: ownership in severalty. Property owned by more than one owner is called concurrent ownership. There are four types of concurrent ownership. First, is joint tenancy with the right of survivorship. Joint tenancy means that the owners own equal shares in the property and in the event of death, a deceased’s owner’s share automatically passes to the surviving owner. Joint tenancy can be created either by a will or deed and normally occurs when property is transferred to two or more persons and the paperwork says as “joint tenants with the right of survivorship”.

The next concurrent ownership is a tenancy in common.  In a tenancy in common all of the owners are allowed to possess the property, but there is no right of survivorship so each owner’s interest passes on by will or inheritance and owner’s can own unequal shares. Another concurrent ownership is the tenancy by entirety. This ownership must be by husband and wife, is recognized in many states, and contains a right of survivorship.

The final concurrent ownership is community property. Those states that recognize community property hold that all property acquired during the marriage, either jointly or individually, is community property. It is owned equally by the husband and wife and can not be conveyed without consent.  Choosing which business property ownership can be an important decision and paralegal school can help you to make an informed decision.

Check out this short video on Paralegal Real Estate Jobs, found on lawcrossing.com.

To find out more information on the paralegal certificate Real Estate law class visit http://www.youtube.com/AIPSParalegal or the curriculum page of the AIPS website (www.aips.com) at http://www.aips.com/advanced-courses/course-descriptions/

Various business organizations in the paralegal certificate business law class

 The advantages and disadvantages of the sole proprietorship as part of the paralegal certificate

By Janet Russeth, J.D.
AIPS Paralegal School Instructore

Starting a business or helping someone else start a business can be overwhelming, but that is where a paralegal certificate can help. The Business law class in the paralegal certificate program will teach you the different types of business organizations such as the corporation, general or limited partnership, limited liability company, and sole proprietorship. There are many disadvantages and advantages to each business form so it is important to choose the right one based on the client’s needs and goals.

A sole proprietorship is the most common small business structure. It is a business owned and operated by a single individual. There are many advantages of a sole proprietorship: it is easy to form since there are no state forms to complete, it gives the owner complete control over the business since there are no partners to answer to, it allows the owner to avoid any joint and several liability for the actions of partners since there are no partners and the owner acts alone, and there is also a tax savings since the business’s profits and losses  are treated as the personal profits and losses of the owner which means that the profits of the business are only taxed once and any losses and expenses are deductible.

However, there are disadvantages of a sole proprietorship. Since the owner is alone, he/she is completely responsible for the business and it is hard work and requires long hours to run a business, it also doesn’t have perpetual existence so it terminates upon the death or incapacity of the owner which makes it difficult to pass down to younger generations, finally and most importantly the sole proprietorship creates unlimited personal liability. This means that all of the owner’s personal assets related to the business or not, may be attached to settle the owner’s business debt or any type of personal liability.

There are advantages and disadvantages in forming a sole proprietorship.  Choosing which business entity to form can be one of the most important decisions that your client ever makes and a paralegal certificate can play a key role in deciding which form is best.

To find out more information on the paralegal certificate Business Law class visit:

http://www.youtube.com/AIPSParalegal or the curriculum page of the AIPS website at http://www.aips.com/advanced-courses/course-descriptions/

What are we learning this month at the American Institute for Paralegal Studies paralegal school?

Paralegal school: Why it is important to have a wil

by:  Janet Russeth, J.D.
AIPS Paralegal School Instructor

Paralegal school covers many topics. One of the most important topics affects all of us:  Wills and Estates.  It is so important to have a will and yet many of us do not.  Do you have a will?

When someone dies without a will, they die intestate. The decedent’s property then passes according to the state laws of intestate succession. In general, intestate succession laws determine the identity of heirs, set for the rights of family members, and establish guardianship of minors. Thus, the state law determines the distribution of property to the heirs and it may not necessarily coincide with the decedent’s wishes.

 There are many advantages of having a will.  Some advantages to having a will are: (a) one can select the people who or institutions that will inherit from one’s estate, (b) one can name a guardian for one’s minor children, (c) one can choose who will be the personal representative of his or her estate, and (d) one can leave property to others in trust. Having a will ensures that the testator’s (decedent who died with a will) wishes are carried out as to who inherits what property and who will become guardian of any surviving children.

Although, writing one’s own will can be risky for a layperson because the law of wills is highly technical and differs widely from state to state. Laypeople who write their own wills are often not aware of the many rules that apply to the writing of a will. In addition, they are unfamiliar with the true meaning of some of the terms that are commonly used in wills. They tend to throw in all of the legal mumbo jumbo without really understanding the legal consequences. The money you spend on an attorney is certainly worth it when you are talking about your estate and heirs.

Paralegals working in an Estates practice often help prepare drafts of wills, review drafts of wills with the supervising attorney and client, gather documents upon the testator’s death and track expenses. You can learn more about wills in the Wills and Estates course at the American Institute for Paralegal Studies paralegal school.

To find out more information on the AIPS paralegal school Wills and Estates class, please visit:

http://www.youtube.com/AIPSParalegal or the curriculum page of the AIPS website or our advanced course page. 

You need to think outside the paralegal career box!

There is a thought process for everything, including beginning a paralegal career.  If you are new to the paralegal arena, the key is to get your foot in the door.  It doesn’t matter if you have a tiny foot or if you are Bigfoot, you can begin a paralegal career.  How is that done, you ask?  Think outside of the box!  You may not even know how to think “inside the box”. It’s okay.  We’re going to help you.  You, also, have to be willing to begin at the beginning…novel idea, right?  Following are a few thoughts that we hope will help you as you pursue your paralegal career:

Thought #1:  Get your Paralegal Certificate!

Your Paralegal Certificate will add law-related credibility to any law-related skills you have.

AIPS offers paralegal programs that will fit you!  Call us at 800-543-2420.

Light Bulb Thought:  You are a certificated paralegal once you receive your Paralegal Certificate!

Thought #2:  Think outside of the box!  Think “law-related” instead of only “paralegal!

You will find a broader range of available jobs, if you think in “law-related” terms.

A paralegal possesses a specific law-related skill set that can be used in many jobs. 

Thought #3:  Use law-related keywords in your online job searches!

Choose legal as your main keyword, which will bring up law-related jobs.

Choose specific titles, such as paralegal, legal assistant, legal secretary, legal receptionist, file clerk, executive assistant, if you want to bring up jobs with those titles.

Light Bulb Thought:  If you have the search options of legal (main keyword), your state, your county and your city, you will bring up more law-related job possibilities.

Thought #4:  Don’t be afraid to apply for entry-level positions!

Look for any law-related position that is in a company, agency or office where you want to work.

Keep your eyes open for receptionist, legal secretary, administrative assistant, file clerk positions…any jobs that help you enter your paralegal career!

Light Bulb Thought:  Be willing to begin at the beginning!!!    

Thought #5:  Where would you like to work?  Begin your search, there!

Look for jobs wherever your interests lie:  sports, education, government, private sector…

Thought #6:  Who do you know?  Network!

Get your feet walkin’ and mouth talkin’!   Don’t keep your plans to yourself.  

 Remember, doors are for opening!

 The next AIPS online paralegal studies program begins on April 23! Call 800-543-2420 or go to www.aips.com!

Paralegal school explains the steps of a case

The AIPS paralegal school litigation course covers the various methods of discovery

Paralegal school can help you get a rewarding and successful job, but can also help you understand everyday cases. The U.S. Supreme Court will decide in June whether President Obama’s healthcare law is unconstitutional.  But why do we have to wait until June for that decision? Why do cases typically take years to go through the court system? It is mainly because of the discovery process that is part of a case. The discovery process is taught in the Litigation course at the American Institute of Paralegal Studies paralegal school.

Discovery is the process of exchanging information, exhibits and documents between the parties. The goal of discovery is to prevent surprises and encourage pretrial settlement of cases. When a case settles, then it saves the client time and money from having to go to trial. It also helps alleviate the court’s docket. Most court dockets are overloaded and add to the lengthy waiting period for a case to make it through the system.

The first tool of discovery is mandatory disclosure. Parties must disclose certain types of information without waiting for a discovery request. The second tool is an interrogatory request which is a set of written questions submitted to the other party. The third tool is a deposition. The most common deposition involves taking the sworn testimony of either a party or a witness. Next is the request to produce documents. A party can request the other party to produce things like documents, tangible items and even electronically stored information. Another tool is the request for a physical or mental examination. Finally, is the request for admission. A request for admission doesn’t seek new information, but instead asks the other party to confirm the truthfulness or accuracy of previously discovered information.

Discovery can be a very lengthy, time consuming, and costly part of the lawsuit. However, paralegals can help minimize the cost and time because law firms bill clients at lower rates for the work of non attorneys. A paralegal with litigation experience can perform many of the discovery tasks. You can learn more about the discovery process in the Litigation course at the American Institute for Paralegal Studies paralegal school.

To find out more information on the AIPS online paralegal school Litigation class visit:  http://www.youtube.com/AIPSParalegal or the curriculum page of the AIPS website (www.aips.com) at www.aips.com/advanced-courses/course-descriptions/

Answers to your questions about Online Paralegal Studies!

If you are researching online paralegal studies programs and sound like a two-year-old child with all of the “why this and thats”, then you need to read this.  Why?  Because in order to move forward with your career goals, you have to have your questions answered!  You need the confidence that your decision to move ahead is the right decision.  It is wise to research, question and ponder before you make an important decision.  Once you have done that, however, you need to move forward.  Continued questioning will get you nowhere.  Let’s chat about some of your questions…and how American Institute for Paralegal Studies (AIPS) is the answer. 

How do I know which online paralegal studies program to choose?

AIPS is an experienced program – AIPS has over 15 years of online paralegal studies experience

I need to feel connected to classmates and instructors.  Will an online paralegal studies program give me that?

AIPS is an interactive program – AIPS students and classmates connect, daily, by participating in discussion questions and assignments created to encourage discussion and interaction

Will the online paralegal studies program fit my busy work and home schedule?

AIPS offers a flexible program – AIPS has several program possibilities that are designed for working adults like you

Do I have to wait until fall, winter, spring or summer quarters to apply?

AIPS classes start, monthly – No need to wait.  You choose the month that works best for you!

I’m not familiar with the online class schedule.  When do I attend class?

AIPS class format is convenient – AIPS students choose the time of day to attend class…early birds and night owls are welcome!

What happens if I have a technical or academic issue?  How long will it take to get help?

AIPS provides stellar technical and academic support – AIPS provides almost immediate assistance for technical and academic issues.  Your academic success is important to us!

What do I receive after graduation?

AIPS graduates receive a Paralegal Certificate upon graduation

Does AIPS offer post-graduation support?

AIPS has an Alumni Association, a Certified Paralegal Test Prep Course for those interested in the NALA CP Exam, plus other CLE opportunities for those who want or need them.

When is the next class, and how do I sign up?

The next AIPS online paralegal studies program begins on April 23!  Call 800-543-2420 or go to www.aips.com!

The AIPS paralegal certificate program covers all of the major core legal areas

I can decide what area to choose after receiving my paralegal certificate

Many students start their paralegal certificate and are uncertain what type of work they want to do when they are finished. The great thing about getting your paralegal certificate is that you don’t have to choose a major. In the American Institute for Paralegal Studies paralegal certificate program you learn all of the core legal areas such as Torts, Criminal law, Litigation, Family law, Business law and etc.  As you complete the paralegal certificate program, you may find that you love one area over another. For example, you may find criminal law fascinating. If so, then you may want to end up working with a private criminal defense attorney or perhaps on the side prosecuting crimes.  Your paralegal certificate is so versatile and will give you the opportunity to pursue that job in a law firm or with the State District Attorney’s office.

You may want to try the following assignment from the criminal law course in the AIPS paralegal certificate program.

Review the following fact scenario; was a robbery or armed robbery committed?

David drove his car slightly behind a woman walking on the side of the road. When she stopped for light, David reached out of the car window and grabbed her purse. The set of knives that David just won while playing bingo were on the front passenger seat of the car.

The conduct in this case could be armed robbery because all the elements are met. The “dangerous weapon” element is satisfied if the knives are found to be a dangerous weapon and if keeping them on the seat of the car is found to be carried on or about his person. In that regard, an argument could be made that having the knives next to him on the passenger seat were within his reach and were, therefore, about his person.

Now you may be thinking, “Gee, I had no idea what the answer was to that question!”  Well, don’t despair, that is where the experts at AIPS come in. Remember that you don’t have to start your paralegal certificate knowing which area you want to pursue, you just have to get started. 

To find out more information on the Criminal law course and paralegal school visit the curriculum page of the AIPS website (www.aips.com) at  http://www.aips.com/advanced-courses/course-descriptions/