Introduction To Paralegalism

Front 1

What are the three levels of government?

Back 1

1) Federal
2) State
3) Local

Front 2

What are the three branches of government?

Back 2

1) Legislative
2) Executive
3) Judicial

Front 3

What are the functions of the three branches of government?

Back 3

1) Legislative - Makes Laws
2) Executive - Carries Out Laws
3) Judicial - Interprets Law & Resolves Disputes

Front 4

What are the two methods by which statues can be created in many states?

Back 4

1) Referendum - direct vote of the people

2) The Legislature writes the statute.

Front 5

Law

Back 5

Any system of regulations to govern the conduct of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience.

Front 6

Common Law

Back 6

The traditional unwritten law of England, based on custom and usage, which began to develop over a thousand years before the founding of the United States.

Front 7

Jurisdiction

Back 7

The authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases.

Front 8

Jurisprudence

Back 8

The entire subject of law, the study of law and legal questions.

Front 9

Federalism

Back 9

A system of government in which power is divided between a central authority and constituent political units.

Front 10

Separation of Powers

Back 10

The constitutional allocation of the legislative, executive, and judicial powers among the three branches of government, cannot infringe upon each other's constitutionally vested powers.

Front 11

Checks and Balances

Back 11

System whereby each branch of an organization can limit the powers of the other branches.

Front 12

Constitution

Back 12

The fundamental, underlying document which establishes the government of a nation or state.

Front 13

Statute

Back 13

A law enacted by the legislative branch of a government

Front 14

Case

Back 14

Short for a cause of action, lawsuit, or the right to sue

Front 15

Stare Decisis

Back 15

Latin for "to stand by a decision," the doctrine that a trial court is bound by appellate court decisions (precedents) on a legal question which is raised in the lower court.

Front 16

Precedent

Back 16

A prior reported opinion of an appeals court which establishes the legal rule (authority) in the future on the same legal question decided in the prior judgment.

Front 17

Legislature

Back 17

An officially elected or otherwise selected body of people vested with the responsibility and power to make laws for a political unit, such as a state or nation.

Front 18

Judiciary

Back 18

The system of law courts that administer justice and constitute the judicial branch of government

Front 19

Executive Branch of Government

Back 19

The branch of the United States government that is responsible for carrying out the laws

Front 20

Appeal

Back 20

To ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling

Front 21

Personal Jurisdiction

Back 21

The jurisdiction granted a court over the parties before it that allows it to issue a binding judgment

Front 22

In Personam

Back 22

from Latin for "directed toward a particular person." In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgment applies to that person and is called an "in personam judgment."

Front 23

In Rem

Back 23

From Latin "against or about a thing," referring to a lawsuit or other legal action directed toward property, rather than toward a particular person. Thus

Front 24

Civil

Back 24

That part of the law that encompasses business, contracts, estates, domestic (family) relations, accidents, negligence and everything related to legal issues, statutes and lawsuits, that is not criminal law

Front 25

Criminal

Back 25

A popular term for anyone who has committed a crime, whether convicted of the offense or not. More properly it should apply only to those actually convicted of a crime. Repeat offenders are sometimes called habitual criminals.

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Legislative

Back 26

Of or relating to the enactment of laws.

Front 27

Administrative Law

Back 27

The procedures created by administrative agencies (governmental bodies of the city, county, state or federal government) involving rules, regulations, applications, licenses, permits, available information, hearings, appeals and decision-making.

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Charter

Back 28

The name for articles of incorporation in some states, as in a corporate charter.

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Ordinance

Back 29

A statute enacted by a city or town.

Front 30

Rules of Court

Back 30

A set of procedural regulations adopted by courts which are mandatory upon parties and their lawyers on matters within the jurisdiction of those courts. Most states have statewide rules of court.

Front 31

Executive Order

Back 31

A President's or Governor's declaration which has the force of law, usually based on existing statutory powers, and requiring no action by the Congress or state legislature.

Front 32

Treaty

Back 32

A pact between nations which, if entered into by the United States through its Executive Branch, must be approved by "two-thirds of the Senators present," under Article II, section 2 of the Constitution, to become effective. Presidents sometimes get around the Senate by entering into "Executive Agreements" with leaders of other countries which are a mode of cooperation and not enforceable treaties.

Front 33

Opinion

Back 33

The explanation of a court's judgment.

Front 34

Advisory Opinon

Back 34

An opinion stated by a judge or a court upon the request of a legislative body or government agency. An advisory opinion has no force of law but is given as a matter of courtesy

Front 35

Judicial Economy

Back 35

Refers to the overall efficiency in the operation of the judicial system or the efficiency of a given court.

Front 36

Constitutional Rights

Back 36

The rights given or reserved to the people by the U.S. Constitution, and in particular, the Bill of Rights (first ten amendments).

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Bill of Rights

Back 37

The first ten amendments to the federal Constitution demanded by several states in return for ratifying the Constitution

Front 38

Judicial

Back 38

Referring to a judge, court or the court system.

Front 39

Executive

Back 39

The branch of government charged with putting into effect a country's laws and the administering of its functions.