Flashcards
Introduction to Paralegal Studies
Flashcards do conjunto (63)
- 1JURISPRUDENCE (ju·ris·pru·dence)A system of law, or the accumulated body of court decisions in that system.
- 2NALANational Association of Legal Assistants
(Incorporated in 1975) - 3ABAAmerican Bar Association
(Founded August 21, 1878, Saratoga Springs, NY)
Purpose of organization was defined as "the advancement of the science of jurisprudence, the promotion of the administration of justice, and a uniformity of legislation throughout the country. - 4PARALEGAL (LEGAL ASSISTANT)A legal assistant or paralegal is a person qualified by
education, training, or work experience who is
employed or retained by a lawyer, law office, corporation,
governmental agency, or other entity, who performs
specifically delegated substantive legal work
for which a lawyer is responsible. - 5NFPAThe National Federation of Paralegal Associations
(Founded in 1974)
A Professional Organization of state & local paralegal associations. Goal is to provide a unified nation voice & networking for paralegals - 6PERSONAL PROFILEIncludes the information about you (your qualifications, education, experience and your expectations) that allows you to reasonably assess your employment opportunities and earnings potential.
- 7CASE CITATIONThe reference to the volume and pages of a legal authority, such as the published decisions of a certain court, that will allow the reader to look up the decision.
- 8AMICUS CURIAELiterally, “friend of the court.” A person with
strong views on the subject matter of a lawsuit, but not involved in it directly, may ask the court for permission to file a brief giving their views on the subject. - 9ACTIONa lawsuit (there are civil actions and criminal actions)
- 10BRIEFA written statement submitted to a court for the purpose of persuading the judge of the correctness of one’s position. A brief argues the facts of the case and the applicable law, supported by citations of authority.
- 11BURDEN OF PROOFthe duty of establishing the truth of a matter, or proving a fact that’s in dispute (the burden of proof in a criminal case is always on the prosecutor, not the defendant)
- 12CAUSE OF ACTIONcircumstances that give a person the right to bring a lawsuit
- 13DEPOSITIONthe transcript of a witness’s testimony given under oath outside of the
courtroom, usually before the trial - 14DISCOVERYa way of providing a party, before trial, access to facts that are known by
the other side, so that neither side is at a disadvantage - 15INTERROGATORIES in·ter·rog·a·to·rywritten questions put by one party in a lawsuit to another before trial (interrogatories are a form of discovery)
- 16LITIGATIONa legal action, or lawsuit; also the area of law having to do with trial work
- 17PARTYone of the opposing sides in a lawsuit
- 18PLEADINGSFormal statements by the parties to an action which outline their claims
or defenses - 19TRIAL NOTEBOOKA book for keeping track of important dates, documents, witnesses, and outlines of trial strategy for a particular case.
- 20MOTIONAn application made to a court for the purpose of obtaining an order that something be done in favor of the
applicant. - 21PLAINTIFFThe person that files a lawsuit asking for damages.
- 22DEFENDANTThe person that the lawsuit is filed against.
- 23DAMAGESA money award.
- 24SECURITIESStocks, bonds, and other means of investment.
- 25REVERSEDA court decision set aside by a court of appeals.
- 26DEPUBLISHEDA state supreme court decides, after it has approved a lower court’s decision for publication, that a decision conflicts with previous decisions of the state supreme court or the Constitution. The decision may no longer be cited or relied upon by lawyers or courts.
- 27RULES OF COURTAre administrative regulations allowing courts to control their workload and the attorneys and persons who appear before them. (There are federal, state, and local Rules of Court, and each may be very different from the others.)
- 28STATUTE OF LIMITATIONSA law prescribing the maximum
period of time after the occurrence of an injury or a crime, during which a civil or criminal action may be taken. - 29ATTORNEY - CLIENT PRIVILEGEThe doctrine that by law, most
information a client tells his or her attorney in connection with his or her representation can’t be disclosed by the
attorney or any of the staff. - 30WORK PRODUCTAny material produced by an attorney while
preparing for trial, such as notes and memos. - 31EX POST FACTO LAWA law making a person criminally liable
for an act that wasn’t criminal at the time it was committed. - 32PRACTICE OF LAWGenerally defined as services that an attorney is authorized by law to provide to a client.
- 33PERJURYGiving false testimony in court, or lying under oath. It’s a crime, and it’s also a crime for a lawyer to knowingly allow a client or witness to do it.
- 34FIDUCIARYA person entrusted with handling money or
property for someone else. The fiduciary has a duty to act with honesty and loyalty when dealing in the other person’s interests. - 35ALLEGATIONAccusation that the accusing party intends to prove in court.
- 36FIDUCIARY DUTYThe fiduciary has a duty to act with honesty and loyalty when dealing in the other person's interests.
- 37DUE DILIGENCEA term used in many of the laws relating to lawyers’ duties, meaning the correct level of care and attention. It isn’t well-defined, but rather depends on the circumstances of each case.
- 38ZEALPassionate Interest
- 39ADVERSARIAL SYSTMEThe system of justice practiced in this
country, where opposing parties battle against each other in court trying to get a result that favors them. The judge
acts as an independent magistrate, making sure each side is treated fairly. There’s always a winning and a losing side in such a system. - 40FEDERAL RULES OF CIVIL PROCEDURE 11Authorizes the imposition of sanctions, including the award of attorney fees, for the filing of any paper which is "not well-grounded in fact."
- 41ABA MODEL RULE 3.1Requires a lawyer to analyze the intent of the client with an objective standard that prohibits the presentation of a frivolous claim or defense.
- 42PROBABLE CAUSEA reasonable basis for belief in something, or that something is reasonably more likely to have occurred than not.. It's a standard used often in law, and doesn't demand the complete and unquestionable truth of an allegation, but rather the reasonable belief in the truth of the allegation. Thus, id a person has probable cause to believe in something and they're later proved wrong, they aren't open to prosecution for their belief..
- 43GAMESMANSHIPWhen lawyers, zealously representing their
clients, step across the lines of truth, and start making misleading and false representations of authority to the
court. - 44SPOLIATION OF EVIDENCEThe intentional destruction or alteration of evidence.
- 45CITETo refer to legal authorities in support of an argument or proposition of law.
- 46CONFLICT OF INTERESTWhen a legal professional representing
a client has information about the other party involved in the client’s case, or has some kind of relationship with the
other party. - 47DILIGENCESteady, energetic, active attention and care to something. This is required of a lawyer representing a
client. - 48DISCLOSEDMade public.
- 49DISCRETIONThe power of a judge to act according to his or her judgment after reviewing the facts of a case and the law that applies.
- 50EXAMINETo ask question of a witness at trial.
- 51EXECUTORA person who has the duty to dispose of the property of an estate, according to the provisions of the will.
- 52LAW CLERKSLaw students who haven’t graduated, and recent law school graduates who haven’t yet been admitted to the state bar.
- 53MOTION TO DISMISSA motion that asks the court to dismiss
the plaintiff’s claim without further consideration. - 54PARALLEL CITEA citation to a court decision that’s printed in more than one reporter.
- 55PROBATEThe process of having a will declared valid by a judge. The probate court will also often supervise the actions of the executor.
- 56RECOVERABLECapable of being recovered. For example, the
winning party can be awarded money or items by the court. - 57RESTRAINING ORDERCourt order to stay away from someone.
- 58SANCTIONA penalty or other means of enforcement used as an incentive to obey the law or rules and regulations, including imposing fines, seizing property, or suspending
a license. - 59SUPERSEDEDOverruled by a law of a higher level of government. Federal or state laws will almost always supersede, or be given greater weight, than a city ordinance.
- 60TO WAIVETo voluntarily give up a right you know you have and could have enforced in court.
- 61United States CodeAll the laws of the federal government,
organized by subject matter into sections, and published in many volumes. - 62WORK PRODUCT DOCTINEThe doctrine that any material
produced by an attorney while preparing for trial, such as notes and memos, isn’t subject to discovery by the opposing side. - 63ZEALOUSOver-eagerness and ardent interest in pursuing something.
Informações
- Descrição
- FlashCards sobre Introduction to Paralegal Studies, criado por rayccr91 em 10-02-2016.
- Criado por
- rayccr91
- Visualizações
- 26
- Avaliação