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44 Cards in this Set
- Front
- Back
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What is Commingling?
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~ Mixing client's funds with attorney's funs
~it is not allowed |
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What is a trust account?
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SPecial Bank account maintained by an attorney into which funds belonging to clients are kept.
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What is Disbarment?
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The action of denying an attorney the right to practice law in a state.
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What is a Fiduciary Relationship?
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a relationship of trust and confidence, an attorney to client relationship.
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WHat is an Administrative Hearing?
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A hearing by an administrative agency reguarding a dispute between an indivisual and the agency.
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What is a Court Reporter?
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Specially trained people who record verbatim, things saidd in court.
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What is a Court Clerk?
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Court employees who assist in the smooth operation of the court.
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What are Quazi-Judicial Officers?
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People who are not judges but can do limited judicial functions. They include magisterates, commissioners and referees
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What is a Legal Memorandum?
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Written explination of legal and factual problems.
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What is a Law Clerk?
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a law student interning or working in a law firm whle attending school
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What is Precedent?
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example set by the decision of an earlier court for similar cases or similar legal questions.
Same as Stare Decisis: "It stands decided" |
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WHat happened in the case Missouri VS. Jenkins?
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A debate on how much paralegal should be paid an hour
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What is a Legal Technician?
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A nonattorney who is allowed to do a limited amount of law. People want it to be legal because it is affordable
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What is a Paralegal?
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A person whose training and education lets them assist lawyers by doing certain tasks. They cannot give legal advice nor appear in court
it is the same as a legal assistant |
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What happened in the case Phoenix Founders, INC V. McCleand?
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A legal assistant left a job at one law firm to work at another, but then she ended up going back to the first firm. The second firm wanted the other firm disqualified for conflict of intrest.
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What is Federalism?
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A system of government where the people are goverened by both the federal and state government.
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What are some powers of the Federal Government?
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Collect taxes
borrow money regulate commerce Coining money |
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What happened in Katzenbach, Acting attorney general v. McClung?
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it was about a small bbq resturant in alabama who didnt wanna let blacks sit down and eat in the resturant. The fed government said they make the rules because most of the food comes interstate.
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What is Preemption?
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the federal government has the exclusive right to regulate a subject area.
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What is Ex Post Facto?
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it makes a person criminally responsibile for an act that was committed before the act was made a crime.
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What is Jurisdiction?
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The power or authority to act in a certain situation
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What is exclusive Jurisdiction?
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The sole power or authority to act in a certain situation
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WHat is concurrent jurisdiction?
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Term that describes situations where more than one etnity has the power to regulate
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What happened in Texas vs Johnson
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american flag case
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What happened in Blanton vs North Las Vegas?
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DUI who wants a jury
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What happened in Heath V Alabama?
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whether double jeopardy applied to two different states
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What is Original Jurisdiction?
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The power to hear and determine the case first
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What is corroborate?
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to support the statement of another
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What is trier of fact?
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one who determines true facts, can be jury or judge
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wHAT IS en Banc?
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a case heard by an entire panel of judges.
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What is Appellate Jurisdiction?
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power of a court to review what happened in a lower court
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What is a clerk's Transcript?
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copies of documents filed in a case
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What is an appellate brief?
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documents that explain the factual and legal basis for and against the appeal
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What is a petition for a writ of certiorari?
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it is what paries file to request their case to be heard by the supreme court
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What is a magistrate?
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Judicial officer appointed by judges of federal district courts
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What is binding case law?
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case law that must be followed by lower courts
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WHat is a statutory law?
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laws inacted by legislagure
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What is a code?
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Organization of laws passed by a legislagure
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What is iniatative?
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action by citizens to enact legislation through the voter process.
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What is referendum?
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approval of legislative action by the voters
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What is the second ammendment?
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the right to bear arms
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What is the third ammendment?
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no soilders to be quartered
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What is the fourth Ammendment?
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protection against unreasonable searches and seisures
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What is the 6th ammendment?
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right to a speedy trial
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