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66 Cards in this Set
- Front
- Back
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Jurisprudence |
Commonly defined as the science or philosophy of law; it is generally concerned with the nature of law and legal systems |
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Plea Bargaining |
One accused of a crime can "bargain" through their attorney with the prosecutor; the bargain usually involves an agreement by the accused to plead guilty in return for favorable treatment such a lenient sentence, reduction to a lesser charge, or probation in lieu of incarceration |
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Docket |
The court calendar of proceedings |
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Prosecutor |
The attorney charged with prosecuting criminal cases on behalf of a state or the U.S.; a public employee commonly titled state attorney, district attorney, or U.S. attorney |
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Adversarial System |
The U.S. legal system in which litigants, typically represented by attorneys, argue their respective sides in a dispute before an impartial judge and jury |
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Will |
A document through which a person directs how their property will be distributed after the person's death |
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Contract |
An agreement that creates a legal relationship and obligations between two or more parties |
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Litigation |
A dispute brought to court; derived from the Latin lis, which means lawsuit |
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Breach of contract |
When a party fails to render the performance required by a contract |
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Bar |
The term used to refer collectively to licensed members of the legal profession |
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Bench |
Drawn from the term referring to the seat occupied by judges in court; refers to all judges collectively |
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Disbarment |
The most severe professional disciplinary sanction, canceling an attorney's license to practice law |
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Bar Examination |
A written test required of an applicant for a license to practice law |
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J.D. |
The basic law degree; stands for "Juris Doctor" and is equivalent to the more traditional LL.B |
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LL.B |
The basic law degree, a "bachelor of laws" replaced in most law schools today by J.D. (Juris Doctor) |
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Law School Admissions Test (LSAT) |
A written, largely multiple choice, test required for admission at most law schools |
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Associate |
The title usually given to a full-time member of a law firm who has not yet been elevated to partner |
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Law Review |
Publication issued by most accredited law schools, on a quarterly basis, with scholarly articles and comments on legal issues |
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Law clerk |
A law school student who works summers or part time for private attorneys; also top law students who obtain clerkships with judges after graduating from law school |
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Justice |
The title given to the judges of the Supreme Court of the U.S. and to the judges of the appellate courts of many of the states |
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Case method |
A means of studying law that consists of reading judicial opinions (cases) and analyzing them under the law professor's questioning; since its introduction by Dean Langdell at Harvard Law School, this method has been the standard approach to law school instruction in the U.S. |
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Bailiff |
An officer of the court charged with keeping order in the courtroom, having custody over prisoners and the jury |
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Court reporter |
A person who makes verbatim recordings of court proceedings and other sworn statements, such as depositions, which can be reduced to printed transcripts |
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Clinical programs |
Programs found in most law schools, and sanctioned by the courts and the bar, in which students provide legal services to the public under the supervision of law professors; some schools require enrollment but in most law schools "clinic " is a voluntary course for credit |
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Perjury |
Knowingly making a false statement under oath in a judicial proceeding; the false statement must concern a material issue or fact in the proceeding |
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Multistate Bar Exam |
A standardized national test of general legal subjects, such as property, contracts, and constitutional law |
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Black-letter law |
Lawyer's slang for the basic, well-established rules of law |
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Integrated bar |
A state bar association in which membership is required in order to practice law |
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House counsel |
Full-time attorneys employed by many corporations and other businesses as part of the administrative staff; distinguished from "outside counsel " |
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Bankruptcy |
Generally, the situation in which a person, business, or government cannot or will not pay its debts, so its property is entrusted to a "trustee in bankruptcy" who distributes the property to creditors |
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Zoning variance |
Exception to or specific modification of a zoning code or ordinance. It is customary in the U.S. for local governments to create zones within the city and county boundaries with restrictions primarily on the form of use, for example, agricultural, residential, commercial, etc |
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Real estate closing |
Culmination or completion of a real estate transaction(s), at which numerous documents are signed and exchanged, payment is made, and property deeds are transferred |
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Pro se |
"For oneself," "in one's own behalf." American law recognizes not only the right to be represented by an attorney but also the right to represent oneself in court |
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Certify a question |
A procedure by which a lower court asks a higher court to answer a specific question posed by the lower court |
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Interlocutory appeal |
An appeal of a matter crucial to the lower court decision prior to the lower court reaching a final decision of the case |
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Statute |
A law enacted by the legislative branch of the government declaring, commanding, or prohibiting something |
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Declaratory judgment |
A binding judgment that specifies the rights of the parties but orders no relief. It is the appropriate remedy for the determination of an actionable dispute when the plaintiff's legal rights are in doubt |
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In the matter of |
Indicates that this case does not involve two parties; that is, this is not plaintiff versus defendant. "In the matter of" is converted to "In re" in references.
Ex: "In re Estep" (Estep being a last name) |
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Cease and desist order |
A court directive prohibiting someone from continuing to take a specific action |
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Rule to show cause |
A court directive that someone appear in court to explain why the court should not take the contemplated action |
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Contempt |
An action taken in violation of a prior court directive |
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Medical malpractice |
A form of professional misconduct restricted to negligence in the medical field; an important field of legal specialization |
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Trust |
A device whereby title to property is transferred to one person, the trustee, for the benefit of another, the beneficiary |
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Estate |
Has several legal meanings, when used in reference to a decedent, it means the property rights to be distributed following a death |
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Attorney-client privilege |
Legal protection whereby confidential statements made by a client to an attorney may not be disclosed to others by the attorney without the client's permission |
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Ineffective assistance of counsel |
Advice and assistance of an attorney that falls below the standard expected by the legal community |
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Deportation |
Removal of someone not a U.S. citizen from the U.S. and transfer to the country of origin |
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In absentia |
Without physical presence; without the client or attorney being present for example |
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Paralegal (Legal Assistant) |
Generally, an employee in a law office who performs legal tasks under attorney supervision but who is not licensed to practice law. Some states allow paralegals to provide limited legal services without supervision. |
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Inns of Court |
Place in London where English lawyers were trained; for centuries, students learned the law there by association with legal scholars, lawyers, and judges |
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Solicitor |
A lawyer in England who handles all legal matters except trial work |
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Barrister |
An English lawyer who specializes in trial work |
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Substantive Law |
The part of law that creates, defines, and regulates rights; compare to procedural law, which deals with the method of enforcing rights |
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Procedural Law |
The part of the law that deals with procedures and the proper or authorized method of doing things |
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Pleadings |
Written formal documents framing the issues of a lawsuit, consisting primarily of what is alleged on the one side (for example, the plaintiff's complaint) or denied on the other (for example, the defendant's answer) |
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Evidence |
The information presented at trial; the rules of evidence are part of procedural law |
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Motions |
Requests that a judge make a ruling or take some other action |
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Jurisdiction |
The authority, capacity, power, or right of a court to render a binding decision in a case |
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Statute of Limitations |
A federal or state law that specifies time limits within which suits must be filed for civil and criminal actions; they vary from state to state and action to action |
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Legal technician |
Person who provides legal services for compensation without attorney supervision |
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Appellate Brief |
A formal statement submitted to the appellate court. When a case is appealed, the appellant submits a written statement to the appellate court raising legal issues to be decided. The appellee then has a period within which to file an appellate brief, challenging the appellant's arguments on the issues |
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Contingency Fee |
Arrangement between an attorney and a client under which the attorney receives compensation in the form of a percentage of the money recovered from a lawsuit; used predominantly in personal injury cases |
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Discovery |
A pretrial procedure in which parties to a lawsuit ask for and receive information such as testimony, records, or other evidence from each other |
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Interrogatories |
Pretrial written questions sent from one party to the other party in a lawsuit; one of several discovery devices |
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Transcript |
A written verbatim of an oral statement. In law, transcripts are used most frequently in reference to depositions and trials |
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Marital Settlement Agreement |
A contract between spouses concerning division and ownership of property acquired during the marriage and entered into contemplation of separation or divorce |
