Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
80 Cards in this Set
- Front
- Back
amicus curiae briefs
|
latin "friends of court" a party or organization interest in an issue which files a brief or participates in argument in a case in which that party is not one of the litigants
|
|
pleadings
|
formal statements by parties to an action which outlines their claims of defenses
|
|
brief
|
a written document that outlines a party's legal argument in a case
|
|
burden of proof
|
the duty of a party in a lawsuit to persuade the judge or the jury that enough facts exist to prove the allegations of the case. Different levels of proof are required depending on the type of case
|
|
interrogatiories
|
written questions put by one party in lawsuit to another party before trial - one form of discovery
|
|
deposition
|
part of the pre-trial discovery (fact finding) process in which a witness testifies under oath. A deposition is held out of court with no judge present, but the answers often can be used as evidence in a trial
|
|
discovery
|
part of the pre-trial litigation process during which each party requests relevant information and documents from the other side in an attempt to discover pertinent facts
|
|
NFPA
|
National Federation of Paralegal Associations founded in 1974
|
|
Paralegal or legal Assistant
|
1997 ABA definition - most commonly used. A person qualified by training, education or work experience who is employed or retained by a lawyer, law office, corporation, government agency or other entity, who performs specifically delegated substansive legal work for which a lawyer is responsible.
|
|
NALA
|
National Association of Legal Assistants
|
|
ABA
|
American Bar Association founded Aug 21 1878 - defending liberty, pursuing justice
|
|
jurisprudence
|
a system or body of law
|
|
court decisions
|
judgement decree or determination of findings of fact and or of law by judge, arbitrator, court, government agency or other official tribunal (court)
|
|
statutes
|
a federal written law enacted by congress or state legislature respectively. local statutes or laws are usually called ordinaces, regulations rulings opinions esceutive orders, proclamations are not statutes
|
|
free lance paralegal
|
independent business that provides legal services such as preparation of legal documents, drafting contracts, independent of lawyer and law firm - years of experience
|
|
party
|
one of opposing sides of lawsuit
|
|
litigation
|
legal action or lawsuits also area of law having to do with trial work
|
|
cause of action
|
circumstances that give a person right to bring a lawsuit
|
|
action
|
lawsuit -- civil or criminal
|
|
law clerk
|
law students who haven't yet graduated or graduates who haven't yet been admitted to state bar
|
|
fair market value
|
the amount for which property would sell in open market if put up for sale -- ie comparable sales
for paralegals --average charge per hour for similar work |
|
allegation
|
accusation
|
|
allegation
|
accusation
|
|
motion
|
an application made to a court for the purpose of obtaining an order that something be done in the favor of the applicant
|
|
plaintiff
|
person that files a lawsuit asking for damages (money awards)
|
|
defendant
|
person the lawsuit is filed against
|
|
securities
|
stock, bonds and other forms of investments
|
|
attorney client priveledge
|
by law information a client tells attorney
|
|
adversarial system
|
system of justice practiced in this country where opposing parties battle against each other in court trying to get results in favor of them
|
|
beyond a reasonable doubt
|
highest level of proof required to win a case. Necessary to get a guilty verdict in criminal cases.
|
|
conflict of interest
|
refers to situations when someone such as a lawyer or public official has competing professional or personal obligations or personal or financial interest that would make it difficult to fulfill his duties fairly
|
|
court decision reversed
|
when decision is set aside by court of appeal
|
|
citation
|
reference to volume and pages of legal authority such as published decisions of certain court that will allow reader to look up decision
|
|
cite
|
to refer to legal authorities in support of an argument or proposition of law
|
|
depublished
|
state supreme court decides after it has approved a lower courts decision for publication that it conflicts with previous decisions of state supreme court or constitution. Decision may no longer be cited or relied upon by lawyaers of courts
|
|
diligence
|
steady energetic attention and care in representation
|
|
discretion
|
power of judge to act according to his judgement after reviewing the facts of case or law that it applies
|
|
dissolution
|
breaking up of marriage, biz, or partnership
|
|
due diligence
|
laws related to lawyers duties which include correct level of care and attention
|
|
disclosed
|
information made public
|
|
due process
|
the idea that laws and legal proceedings must be fair. The constitution guarantees that the government can not take away a person's basic rights to life, liberty, or property without due process of law. Courts have issued numerous rulings about what ithis means in particular cases
|
|
decision
|
the judgment rendered by a court after a consideration of the facts and legal issues before it
|
|
ex post facto law
|
a law making a person criminally liable for an act that wasn't criminal at time it was committed
|
|
examined
|
ask questions of a witness trial
|
|
executor
|
person named in will to oversee and manage an estate
|
|
estate
|
all the property a persn owns
|
|
evidence
|
the various things presented in court to prove an alledged fact which includes testimony, documents, photographs, maps and video tapes.
|
|
fiduciary
|
person entrusted with handly money or property for someone else
|
|
fiduciary duty
|
an obligation to act in best interest of another party. For instance a corporations board member has a fiduciary duty to it's share holders a trustee to the trusts beneficiaries and attorney to it's clients
|
|
gamemanship
|
lawyers zealously represent client and step across game of truth
|
|
indigent
|
lacking funds - poor
|
|
judge
|
independent magistrate making sure each side treated fairly
|
|
legal document assistant
|
any person who provides or assists in providing for compensation any self help service to member of public who is representing himself in legal matter
|
|
motion to dismiss
|
in a civil case a request to a judge by the defendent asserting that even if all the allegations are true the plaintiff is not entitled to any legal relief and thus the case should be dismissed
|
|
notary publics
|
persons authorized by sale law to witness the signing of documents identifying signers administrate oaths and take acknowledgments
|
|
parallel cite
|
a citation to a court decision that's printed in more than one report
|
|
perjury
|
giving false testimony in court - lying under oath it's a crime and a crime for lawyer who allows client or witness to do it
|
|
probable cause
|
reasonable basis for belief in something doesn't demand - unquestionable truth rather a reasonable belief of truth
|
|
practice of law
|
service that an attorney is authorized by law to a client
- any task not prohibited by state laws where they do biz |
|
party
|
one of opposing sides of lawsuit
|
|
probate
|
process of having a will declared valid by a judge or court supervises action by executor
|
|
public defender
|
a lawyer who works for the state or local agency representing clients accused of a crime who can't afford to pay
|
|
recoverable
|
capable of being recovered
|
|
restraining order
|
court order to stay away from someone
|
|
reasonable doubt
|
the level of certainty a jurur must have to find a defendant guilty of a crime
|
|
rules of the court
|
administrative regulations allowing courts to control their workload and the attorneys and persons who appear before the court - federal state and local rules
|
|
reversed
|
a court decision to set aside by court of appeals
|
|
sanction
|
a penalty or other means of enforcement used as an incentive to obey the law or rules and regulations including imposing fines siezing properties and suspending license
|
|
spoliation of evidence
|
destruction of evidence intentionally - prohibited by law
|
|
statute of limitations
|
is a law prescribint the maximum period of time after the occurence of an injury or a crime during which a civil or criminal action may be taken
|
|
superseded
|
federal or state laws will almost always be given greater weight than a city ordinance when the two conflict ie city law will be over ruled
|
|
sereted
|
hidden evidence
|
|
United States code
|
all laws of federal government organized by subject matter into sections and published in many volumes
|
|
waive conflict of interest
|
it means they know about conflict of interest, doesn't bother them and give up right to sue
|
|
work product
|
any information/material produced by attorney while preparing for trial ie. notes documents and memos
|
|
work product doctrine
|
the doctrine that any material produced by an attorney while preparing for trial such as notes and memos isn't subject to discovery by opposing side
|
|
zeal
|
passionate interest
|
|
zealous
|
overeagerness and ardent interest in pursuing something
|
|
trial notebook
|
book for keeping track of important documents witnesses and outlines trail strategy for a particular case
|
|
statute
|
a federal written law enacted by congress or state legislature respectively local statutes or laws are usually called ordinaces regulations, rulings opinions exceutive orders proclamations are not statutes
|