Law 20 - Probate Procedures - slo

Upon successful completion of this course, a student will be able to:

1. Brief law cases in probate law will disputes, administration of estates, fiduciary duties of administrators, executors, and beneficiaries, tax related matters, disputes over distribution of assets, and liabilities, jurisdictional issues, and final distribution and closing of the estate and continuing liability. 

2. Critically analyze and argue issues in probate law including the issues listed above in #1. 

3. Prepare legal documents, forms or papers related the the probating of an estate including Notice to Creditors, Petition for Probate, Inventory and Appraisals, Orders of Distribution, and Final Closing of the Estate. 

Students will read probate law cases and write a case brief demonstrating their understanding and application of the essential facts and rules of law and legal principles of the case. see case brief rubric at http://missionparalegal.pbworks.com/briefing

Criteria: The “case brief” will achieve an “acceptable” or higher rating, and will be indicative of a paralegal who is competent to work in a law office, state agency or with the courts.

Students will read a court case and write a “case brief” using the FIRACT method of case briefing (“Facts, Issue, Rule, Application and Conclusion”).

The assessment will be evaluated using the following rating scale:

(4) – Superior - comprehensive, very accurate, analytical, sophisticated logic, incisive, persuasive discussion of the facts, issues, rules, rationale, holdings, applications, and conclusions (Facts, Issue, Rule, Application, Conclusion, Take Home Mesage - "FIRACT" method)

(3) – Strong - generally convincing, sufficiently analytical and logical, covers well all of the parts of the FIRACT method for a case brief.

(2) – Acceptable – basic understanding, reasonable, unsophisticated but shows comprehension of the case and legal points, lacking mastery but still in control, limited scope, occasionally original, misses parts of the FIRACT method for a case brief.

(1) – Unacceptable - superficial, lacking understanding, non-academic, undigested, unfinished, missing the target, perfunctory, inappropriate to the assignment, poorly developed, does not follow FIRACT method for a case brief.

updated: 4/6/11