Paralegal

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arbitration

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Alternative to litigation. Submission of a controversy to the judgement of another whose decision may then be binding on both parties.

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Appellee

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The party AGAINST whom the appeal is brought.

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Appellate court

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A higher court than the trial court, that hears the appeal from the trial court. Usually the Court of Appeals or Supreme Court

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Appellant

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The party INITIATING the appeal.

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Affidavit of Service

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A written satement sworn to by the affiant, saying that a party has been served with papers. Includes details and is notarized and returned to the court.

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affidavit

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A written statement of fact in which the affiant swears under penalty of perjury that the written statement is true.

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adversarial hearing

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A hearing where both parties are present to argue their positions. Both sides get the chance to be heard. Places burden of prooving or disprooving arguments on the parties to the litigation rather than on the judge.

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admissible evidence

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Evidence that has been declared admissible by the judge for use in an action. Evidence that is allowed.

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administrative regulation

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A regulation that binds agencies and the public in certain areas. Consists of administrative agency rules designed to explain and carry out the statutes and executive orders that govern the agency.

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ad hoc

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For a specific purpose. An ad hoc committee organizes to achieve a specific goal.

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additur

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An amount of $ conferred by the judge in addition to the damage award provided by the jury.

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action

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A lawsuit.

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Federal Rules of Civil Procedure

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The rules governing the manner in which civil cases are brought in and progress through the courts.

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tort

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A civil wrong committed against another that results in damages and doesn't eminate from a breach of contract.

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specific performance

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Requesting the court to compel a certain action.

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injunction

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A request to the court to order that certain wrongful conduct be prevented or discontinued right away. Similar to a restraining order.

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transcript

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A word-for-word record of what was said.

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writ

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A written court order to do or refrain from doing an act.

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writ of certiorari

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An order by an appellate court concerning the review or reexamination of what a lower court did. If the higher court refuses to hear the appeal, then the judgement of the lower court stands. A request to SCOTUS to hear the merits of a case.

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sunject-matter jurisdiction

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A court's power to hear the type of case being presented. A bankruptcy case would not have subject-matter jurisdiction over a child-custody case, for example.

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trial de novo

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A totally new fact finding hearing.

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cause of action

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A leagally acceptable reason for suing.

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stare decisis

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"Stand by things decided". Courts should decide similar cases in the same way unless there is good reason to do otherwise.

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common law

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1.Law derived from court opinions. 2. Legal system in USA and England.

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supremecy clause

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The clause in the Constitution that has been interpreted to mean that when a valid federal law conflicts with state law, federal law controls.

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primary authority

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A law written by one of the 3 branches of government.

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secondary authority

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A nonlaw that summerizes, descibes, or explains the laws, but is not the law itself. Periodicals, articles, etc.)

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judicial review

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The power of a court to determine the constitutionality of a statute or other law. The power of a court to determine the correctness of what a lower tribunal has done.

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federalism

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The division of powers between the Federal and State governments.

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prima facie

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"first face". A case sufficient on its face that's supported by the requisite minimum evidence and free of palpable defects. This must exist to prevail under any cause of action.

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tortfeasor

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In a civil case, the wrongdoer, the person who committed the tort.

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plaintiff

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The person bringing the lawsuit. Also known as the petitioner in some areas.

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misdemeanor

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Any crime or offense not amounting to a felony or petty theft. Punishable by less than one year, fines of ess than $1000. Serves sentence in couty jail. Examples: shop lifting, drunk driving, assault (usually crimes against property).

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Crimes against property

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felony

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A crime that is punishable by a sentence of one year or more, fines exceeding $1000. Serves time in state prison. Examples: murder rape, robbery (usually crimes against a person).

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Crimes against person

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affirmative defense

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A new factual allegation by the defendant not contained in the plaintiff's allegations. Usually contained in the defendant's answer to the plaintiff's complaint.

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defendant

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A person or entity against whom the plaintiff brings an action.

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due process

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The evaluation of a cause based upon the judgement of a disinterested objective party. A fundemental constitutional right. Judicial system has to give parties notice and opportunity to be heard, confront witnesses, examine evidence, be represented by council, defend themselves, and receive determination.

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collaborative law

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A method of practicing law in which the attorneys refuse to continue representing the parties if they cannot settle their dispute through mediation or other methods of alternative dispute resolution.

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bundled legal services

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All the different tasks needed to represent a client.

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Integrated bar association

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A state bar association to which an attorney must belong in order to practice law in a state.

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vicarious conflict

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A conflict attributed to every attorney in a law office solely because of an actual conflict caused by one of the attorneys in the office. Must have consent or attorney is disqualified due to conflict of interest.

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dilatory

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Unethical conduct of causing delay without merit or justification.

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concurrent representaion

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Usually a conflict of interest; simultaneous representaion of more than one current client who have adverse interests in the same litigated matter, in different litigated matters, in a negotiation, or transaction.

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pretexting

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Using online deception as a pretext to obtain information from another person.

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antitrust law

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The law governing unlawful interfereces with competition such as through price fixing, monopolies, and other restraints of trade.

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minimum-fee schedules

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Bar association list of lowest fees that an attorney can ethically charge for specific kinds of legal services. These lists violate antitrust laws.

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screening

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Steps taken by a law office to isolate a tainted worker from involvement in a case in order to prevent vicarious or imputed disqualification of the office.

- Notify opposing party

- Does not dicuss case with coworkers

- Does no work on case

- Physically safeguarded from all work on the case.

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successive representaion

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Unethical, not allowed in most cases. An attorney's representaion of a current client who is opposing a former client of the same attorney.

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positional conflicts

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Conflict of interest that exists if:

- An attorney asserts inconsistant legal positions while representing two current clients in seperate, unrelated cases.

- If success on behalf of a client in one case will harm or disadvantage the current client in the other case.

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letter on nonengagement

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Letter sent to a prospective cient that explicitly states that the law office will not be representing them.

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model rules of professional conduct (MRPC)

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The current set of ethical rules governing attorneys recommended by the American Bar Association.

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unauthorized practice of law (UPL)

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Using legal skills to help resolve a persons legal problems when the assistance is provided by someone who does not have a license to practice law and when the assistance requires such a license.

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informed consent

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Agreement to let something happen after receiving a reasonable explanation of the benefits and risks involved.

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meta data

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data abut data, hidden within a document,

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unbundled legal services

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When an attorney performs a specific task.