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65 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.
interrogatories
written questions 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 of 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 substantive legal work for which a lawyer is responsible.
NALA
National Association of Legal Assistants
ABA
American Bar Association founded Aug 21 1978 - 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 statues or laws are usually called ordinances, regulations rulings opinions executive orders, proclamations are not statues.
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 a 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
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 if filed against.
securities
stock, bonds and other forms of investments
attorney client privilege
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.
de-published
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 lawyers of the courts.
deligence
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 this means in particular cases.
Decision
The judgement 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 the time it was committed.
examines
ask questions of a witness trial
executor
person named in will to oversee and manage an estate
estate
all the property a person owns
evidence
the various things presented in court to prove an alleged fact which includes testimony, documents, photographs, maps and video tapes.
fiduciary
person entrusted with handling money or property for someone else.
fiduciary duty
an obligation to act in best interest of another party. for instance, a corporations board member who has a fiduciary duty to its share holders a trustee to the trusts beneficiaries and attorney to its clients.
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 a legal matter
motion to dismiss
in a civil case a request to a judge by the defendant 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 acknowledgements.
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 its 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 business.
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' afford to pay
recoverable
capable of being recovered
restraining order
court order to stay away from someone
reasonable doubt
the level of certainty a juror 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 seizing properties and suspending license.