Paralegal Certification (CP / CLA) Foundations of the U.S. Legal System and the Paralegal Profession Syllabus

Foundations of the U.S. Legal System and the Paralegal Profession syllabus: all 3 chapters

Expand any chapter to see its topics and sub-topics.

1. 1

   Sources and Structure of American Law

   4 topics

   • Categories of law
     • Constitutional, statutory, administrative, and case law
     • Common law vs. civil law traditions
     • Substantive vs. procedural law
     • Public law vs. private law
   • Hierarchy and supremacy of authority
     • Supremacy Clause and preemption
     • Mandatory vs. persuasive authority
     • Stare decisis and precedent
   • Separation of powers
     • Legislative, executive, and judicial functions
     • Checks and balances
   • Federalism and the division of state and federal power
2. 2

   Court Systems and Jurisdiction

   4 topics

   • Federal court structure
     • District courts, courts of appeals, and the Supreme Court
     • Specialized federal courts
   • State court structure
     • Trial courts of general and limited jurisdiction
     • Intermediate appellate and courts of last resort
   • Jurisdiction concepts
     • Subject-matter jurisdiction
     • Personal jurisdiction and long-arm statutes
     • Diversity and federal-question jurisdiction
     • Venue
   • The U.S. Constitution and the Bill of Rights
3. 3

   The Paralegal Role and Regulation

   5 topics

   • Definition and scope of paralegal work
     • ABA and NALA definitions of a paralegal
     • Permissible vs. prohibited tasks
   • Unauthorized practice of law (UPL)
     • Elements that constitute the practice of law
     • Avoiding UPL in client interactions
   • Attorney supervision and delegation
   • Professional associations and certification programs
   • Billable hours and fee arrangements

Paralegal Certification (CP / CLA) Foundations of the U.S. Legal System and the Paralegal Profession flashcards — 50 questions with answers

1. What are the two broad categories of law based on the type of harm and parties involved?

   Criminal law (offenses against society/the state, prosecuted by the government) and civil law (disputes between private parties seeking remedies such as damages or injunctions).

2. What is the difference between substantive law and procedural law?

   Substantive law defines rights, duties, and obligations (the 'what'); procedural law sets the rules and methods for enforcing those rights through the courts (the 'how').

3. What is the difference between public law and private law?

   Public law governs relationships between individuals and the government (e.g., constitutional, criminal, administrative law); private law governs relationships between private individuals (e.g., contracts, torts, property).

4. What is common law (case law)?

   Law developed by judges through decisions in individual cases, based on precedent (stare decisis), rather than enacted by a legislature.

5. What is statutory law?

   Written law enacted by a legislative body, such as Congress or a state legislature.

6. What is the rank order of legal authority from highest to lowest in the U.S. system?

   U.S. Constitution; federal statutes and treaties; federal regulations; state constitutions; state statutes; state regulations; local ordinances; with case law interpreting each.

7. What does the Supremacy Clause (Article VI) establish?

   The U.S. Constitution, federal laws, and treaties are the 'supreme Law of the Land,' and state laws that conflict with valid federal law are invalid (preemption).

8. What is the difference between primary and secondary sources of law?

   Primary sources are the law itself (constitutions, statutes, regulations, case law); secondary sources explain or analyze the law (treatises, law reviews, legal encyclopedias) but are not binding.

9. What is the difference between mandatory (binding) and persuasive authority?

   Mandatory authority must be followed by a court (e.g., higher courts in the same jurisdiction); persuasive authority may be considered but is not binding (e.g., decisions from other jurisdictions or secondary sources).

10. What is the doctrine of stare decisis?

    The principle that courts should follow precedent—decisions of prior cases on similar facts—to ensure consistency and predictability in the law.

11. What are the three branches of the federal government and their primary functions?

    Legislative (Congress) makes laws; Executive (President) enforces laws; Judicial (courts) interprets laws.

12. What is the purpose of the separation of powers doctrine?

    To divide governmental power among three branches so that no single branch becomes too powerful, preserving liberty.

13. What is the system of checks and balances?

    Each branch of government has powers to limit the other branches (e.g., presidential veto, congressional override, judicial review, Senate confirmation of appointments).

14. What is judicial review and which case established it?

    The power of courts to declare laws or government actions unconstitutional; established in Marbury v. Madison (1803).

15. What is federalism?

    A system of government in which power is divided between a national (federal) government and state governments, each with its own sphere of authority.

16. How does the Tenth Amendment relate to federalism?

    It reserves to the states (or the people) all powers not delegated to the federal government nor prohibited to the states by the Constitution.

17. What are concurrent powers in the federal system?

    Powers shared by both the federal and state governments, such as the power to tax, build roads, and establish courts.

18. What are enumerated (delegated) powers?

    Powers specifically granted to the federal government by the Constitution, such as coining money, regulating interstate commerce, and declaring war.

19. What is the Commerce Clause and why is it significant?

    Article I, Section 8 grants Congress power to regulate commerce among the states; it is a major basis for expansive federal regulatory authority.

20. What are the three levels of the federal court system?

    U.S. District Courts (trial courts), U.S. Courts of Appeals (intermediate appellate, organized into circuits), and the U.S. Supreme Court (highest court).

Paralegal Certification (CP / CLA) Foundations of the U.S. Legal System and the Paralegal Profession FAQ