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A paralegal or legal assistant must become familiar with the Rule of Law, the Constitution and Bill of Rights in order to build a foundation of legal knowledge. The paralegal should also know how the rules of law are created, the formula for creating a rule of law, the four types of rules and where the rules come from. With this foundation, a paralegal will be ready to assist their attorney counterparts while preparing cases and during trials.

The United States Constitution is the supreme "Rule of Law." No federal or state law may violate the Constitution. The "Rule of Law" is defined under the principle that all people are created equal and are accountable under the law, a law that is fair to all. This is the principle of government by law. The “Rule of Law” has four universal principles according to the World Justice Project.

Accountability - "the government as well as private actors are accountable under the law."

Just Laws - "the laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights."

Open Government - "the process by which the laws are enacted, administered, and enforced are accessible, fair and efficient."

Accessible & Impartial Dispute Resolution - "justice is delivered timely by competent, ethical, and independent representatives and neutrals who are accessible, have adequate resources, and reflect the makeup of the communities they serve."

The Constitution of the United States

The Constitution was signed on September 17, 1787 by the delegates of the Constitutional Convention. The Bill of Rights offered 10 initial amendments to the Constitution that guaranteed basic individual rights and became part of the Constitution in 1791.

Bill of Rights

The Bill of Rights amends the Constitution to address specific guarantees of personal freedoms and rights and clear limitations of government power. According to Whitehouse.gov, the 10 amendments to the Constitution, the Bill of Rights include:

The First Amendment - freedom of religion and protection of the freedom of speech, press, assembly and the right to petition the Government for a redress of grievances.

The Second Amendment - the right to bear arms.

The Third Amendment - prohibits the government from quartering troops in private homes.

The Fourth Amendment - protects US citizens from unreasonable search and seizure.

The Fifth Amendment - the right to due process before criminal prosecution and punishment. Protection from double jeopardy and the right to remain silent.

The Sixth Amendment - the right to a speedy trial by a jury of one's peers, knowing the crime accused of and the ability to confront witnesses during a trial.

The Seventh Amendment - civil cases must also be tried by a jury.

The Eighth Amendment - prohibits excessive bail, excessive fines and cruel and unusual punishment.

The Ninth Amendment - states that the list of rights in the Constitution are not fixed and may be added to.

The Tenth Amendment - assigns all power not delegated to the United States, or prohibited to the states, to either the states or to the people of the United States.

Inside a Rule of Law

A basic rule of law is a formula for making a decision. For example: A person who is driving a motor vehicle with a blood alcohol over the legal limit is guilty of DUI. Most rules have three components, including a set of elements, a result and causal term.

A Set of Elements - driving a motor vehicle + blood alcohol over the legal limit

A result - what happens when all of the elements are present; guilty of DUI.

A causal term - determining whether the result is mandatory, prohibitory, discretionary or declaratory.

One or more exceptions - some rules have exceptions that if satisfied would prevent the result.

The Four Types of Rules

Almost all rules fit into the categories that include mandatory rules, prohibitory rules, discretionary rules and declaratory rules.

Mandatory Rules - a legal rule that is not subject to contrary agreement. A legal rule that requires someone to act.

Prohibitory Rules - a legal rule that forbids someone to act.

Discretionary Rules - a legal rule that gives someone the power or authority to do something.

Declaratory Rules - a legal rule that states that something is true.

Where do Rules Come From?

The US legal system has two primary sources of law, they include statutes and case law.

Statutes - legislatures create rules of law by enacting statutes. Congress enacts federal statutes and each state has a legislature to enact state statutes. After the President signs a bill into law it is prepared for publication as a slip law. Federal statues are published initially as individual slip laws, then in compilations of slip laws known as session laws and finally as codified law incorporated into a code. The Code of Laws of the United States is the official compilation and codification of the federal statutes of the United States.

Case Law - a past decision is considered a precedent, which later courts, are required to take into account. In common law systems, most courts are bound by their own previous decisions and lower courts should be consistent with previous decisions of higher courts. The Supreme Court being the highest court in the United States. The most cited case law by the US Supreme Court includes:

• Brown v Board of Education - case law that set a precedent declaring state laws that establish separate public schools for black and white students to be unconstitutional. The ruling set the standard for integration as a major victory for the Civil Rights Movement.
• Roe v Wade - case law that set a precedent that recognized that the constitutional right to privacy extends to a woman's right to make her own personal medical decisions, with the ability to have an abortion without the interference from politicians.
• Miranda v Arizona - established Miranda rights for any person that is arrested and interrogated while in police custody. The person has a right to a silence warning given by police in the United States, while in police custody. "You have the right to remain silent. Anything you say can be used against you. You have the right to an attorney. If you cannot afford one, one will be appointed to you by the court. With these rights in mind, are you still willing to talk with me about the charges against you?" MirandaWarrning..

Interested in learning more about the rule of law, laws of the land and how they are created? The paralegal is a crucial piece of any legal support team. Paralegals conduct expert legal research, draft documents, maintaining files, interact with clients as well as provide administrative support. The Paralegal Studies program introduces students to the essential computer applications necessary to the legal field.

Contact us today to learn more about becoming a paralegal or legal assistant.

Considering a career in law? Wonder what a paralegal does on a day-to-day basis? Interested in legal research, document drafting, interacting with clients, witnesses and opposing counsel, and performing administrative duties to support the legal team? This article will share the vital role of a paralegal and why a career in law can be rewarding and fulfilling.

What a Paralegal Does on a Day-to-Day Basis

According to the U.S. Bureau of Labor Statistics, paralegals do a variety of tasks to support lawyers, including maintaining and organizing files, conducting legal research, interacting with clients, witnesses and opposing counsel and drafting documents. Paralegals typically do the following on a day-to-day basis:

• Investigate and gather the facts of a case
• Conduct research on relevant laws, regulations, and legal articles
• Organize and maintain documents for lawyers and legal procedures
• Gather and arrange evidence for attorney review and case preparation
• Write or summarize reports to help lawyers prepare for court
• Draft correspondence and legal documents
• Get affidavits and other formal statements that may be used as evidence in court
• Help lawyers during trials by handling exhibits, taking notes, or reviewing trial transcripts
• File exhibits, briefs, appeals and other legal documents with the court or opposing counsel
• Call clients, witnesses, lawyers, and outside vendors to schedule interviews, meetings, and depositions

Legal Research

The paralegal will need to perform legal research to support the legal team. They will perform legal research to analyze and frame a legal position and present their work in writing or in oral argument. The legal research will focus on laws, regulations, legal articles and case investigation.

Laws - the system of rules that are recognized as regulating the actions of a community's members and may be enforced by the imposition of penalties. There are four types of laws:

• Criminal Law - a system of law concerned with the punishment of those who commit crimes. It proscribes conduct perceived as threatening, harmful or endangers the property, health, safety or moral welfare of a person. Criminal law varies according to jurisdiction. The objectives of criminal law include retribution, deterrence, incapacitation, rehabilitation and restoration.
• Civil Law - the system of law concerned with private relations between members of a community. A comprehensive system of rules and principles arranged in codes and accessible by the community's citizens.
• Common Law - the body of law derived from judicial decisions to settle two or more parties' disagreement.
• Statutory Law - used to define written laws enacted by a legislative body. An act of a legislature that declares, proscribes or commands something.

Regulations - a rule or directive made and maintained by an authority. Regulations are codified and published so that parties are on notice regarding what is and isn't legal.

Legal Articles - articles focused on legal arguments, past cases and interpretation of law found in databases, magazines and journals. Some of the more common places to find legal articles including Lexus Nexis and legal journals. Some of the more popular legal journals include Harvard Law Review, Yale Law Journal, The Journal of Legal Studies, and the California Law Review.

Case Investigation - an in-depth study of a single person and the facts and events surrounding that person. The paralegal will gather facts to form a cohesive and logical picture of a given situation for later use in court.

Draft Documents 

The paralegal will draft documents while performing their duties. The documents may include legal correspondence, exhibits, briefs, appeals and affidavits.

Legal Correspondence - a paralegal will need to write many different types of legal correspondence in the commission of their duties. Some of the different types of legal correspondence include:

• Notice of hearing - invokes all parties to hear a motion and may be emitted by any party. The notice of hearing contains a time and date for the court clerk to amend schedule for and what motion will be attempted.
• Reminder of hearing - a legal confirmation of the responsibility of all parties to hear a motion that may be emitted by any party on a specific date and time.
• Cover Letter to Clerk Filing Pleadings by Mail - the serving and filing of pleadings is an order stating that service is required.
• Request for Documents - a request for production of a legal document by electronic or paper transfer, or other tangible items. During a civil case, a party to a lawsuit may request that another party provide any documents that pertain to the lawsuit, also called discovery.
• Request for Recipient to Sign and Return Document - a legal request for a recipient to attest to a legal document with the confirmation of a notary public.
• Payment Past Due - legal correspondence to collect a fee that has been past due or not paid by the client after court proceedings.
• Cover Letter for Final Order - the cover letter to the final order disposes of the rights of the party during interlocutory, interim order or appeal. The final order ends litigation.

Exhibits - physical or documentary evidence brought before the jury of a trial. Examples of exhibits include weapons, invoices, contracts, photographs and video recordings.

Briefs - a written legal argument, in a format prescribed by the courts, stating the legal reasons for the suit based on statutes, regulations, case precedents, legal articles and reasoning applied to facts in the case. A brief is submitted to lay out the argument for petitions and motions before the court, to counter the arguments of opposing counsel and provide reason for the judge to rule in favor of the lawyer's client.

Appeals - an application to a higher court for a decision to be reversed. The appeal is filed by the party that lost the case or didn’t get all of the relief sought forth in the case. To win an appeal, the party must show that there has been an error of law made by the judge in the case.

Affidavits - a written statement confirmed by oath or affirmation, for use as evidence in court. The person is attesting under law that they swear to a statement written in the affidavits.

Interact with Clients, Witnesses & Opposing Counsel 

The paralegal will interact with many different people before and during a trial including their clients, witnesses and opposing counsel. The paralegal must prepare for interviews, meetings and depositions for the case to be successful.

Interviews - the paralegal must create trust with the client or witness to get the full story during an interview. The paralegal should plan the interview, looking into the background of the issue and obtain a brief summary from the client or witness before the interview. The paralegal should remain professional, both in dress and conversation. Looking untidy in appearance can cause a distraction. The paralegal needs to listen carefully and steer the interview in the right direction. They should avoid legal jargon and keep a balanced amount of eye contact. The paralegal should always leave time for questions at the end of an interview.

Meetings - if the paralegal is running a firm meeting, they must consider that time is money. The paralegal should create an agenda that answers the different questions regarding the meeting including the goal of the meeting, the topics that will be discussed, and when attendees can ask questions. The paralegal should limit attendance to invite only those members crucial to the meeting. A time limit should be set so everything that needs to be discussed is discussed. The paralegal should moderate the discussion so it doesn't go on a tangent. Finally, the paralegal should confirm any agreements before adjourning the meeting.

Depositions - the out-of-court oral testimony of a witness that is captured for later use in court or for discovery. The deposition is part of the discovery process in which litigants gather information for trial. The deposition is used to find out what the witness knows and to preserve that witnesses' testimony. The intent of a deposition is to learn all the facts before the trial, so no one is surprised once that witness is on the stand.

Administrative Support

The paralegal is responsible for many tasks that support the lawyers and the law firm. The paralegal is responsible for taking notes, maintaining files, reading trial transcripts, and managing evidence.

Taking Notes - a paralegal takes notes throughout the case including during an interview, meeting, deposition, trial or talking with any person involved in the case. Notes should be clear, concise and complete for later use in trial. The paralegal will also be responsible for transferring some notes to legal documents and to prepare their lawyers for trial.

Maintaining Files - keeping track of legal documents, notes, affidavits, exhibits and any legal correspondence involved in the case is paramount. If an important legal document is lost, the outcome of a case could be in jeopardy. Paralegals in the past used paper filing systems but more recently are taking advantage of electronic filing systems to preserve legal documents and easily access them when needed.

Trial Transcript Reading - the paralegal will be responsible for reading previous trial transcripts to perform legal research and help prepare lawyers for court. The paralegal will take extensive notes on the trial transcripts for later use during trial.

Managing Evidence - Evidence is the backbone of most cases. The paralegal must be responsible for keeping and maintaining a clear chain-of-custody for evidence before it is entered into evidence at trial. Cases can be compromised if evidence is lost or tampered with.

Does the vital role of a paralegal interest you? Do you like being responsible for assisting lawyers, managing clients and investigating cases? Do you enjoy finding out the answers from complex legal research? If so, becoming a paralegal might be the career for you.

Paralegal Studies Degrees and Certificates are offered at the Albany, NY and New York Metro Mildred Elley Campuses! Learn how to become a crucial piece of any legal support team with an education in Paralegal Studies from Mildred Elley. Contact us today to learn more about becoming a paralegal.