Paralegal Certification Exam 3

Front 1

appellate brief

Back 1

A document submitted to an appellate court setting forth legalarguments and supporting law in favor of the appellant or theappellee.

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appellate court

Back 2

A court that reviews decisions made by lower courts, such astrial courts; a court of appeals.

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appellate jurisdiction

Back 3

The power of a court to hear and decide an appeal; i.e., thepower and authority of a court to review cases that alreadyhave been tried in a lower court and the power to makedecisions about them without actually holding a trial. Thisprocess is call appellate review.

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appellee

Back 4

The party against whom an appeal is taken; i.e., the party whoopposes setting aside or reversing the judgment; sometimesreferred to as the respondent.

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appellee’s brief

Back 5

An appellate brief that argues in favor of the appellee’sposition. This brief will try to rebut (counter) any arguments inthe appellant’s brief and will emphasize the accuracy of theearlier judgment rendered in its favor.

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appropriation

Back 6

In tort law, the use by one person of another person’s name,likeness, or other identifying characteristic without permissionand for the benefit of the user.

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arbitration

Back 7

A method of settling disputes in which a dispute is submitted toa disinterested third party (other than a court), who renders adecision that may or may not be legally binding.

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arbitration clause

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A clause in a contract that provides that, in case of a dispute,the parties will determine their rights by arbitration rather thanthrough the judicial system.

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arraignment

Back 9

A court proceeding in which the suspect is formally chargedwith the criminal offense stated in the indictment. The suspectthen enters a plea (guilty, not guilty, or nolo contendere) inresponse.

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arrest

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To take into custody a person suspected of criminal activity.

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arrest warrant

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A written order, based on probable cause and issued by ajudge or public official (magistrate), commanding that theperson named on the warrant be arrested by the police.

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arson

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The willful and malicious burning of a building (and, in somestates such as North Carolina, personal property); arsonstatutes have been extended to cover the destruction of anybuilding, regardless of ownership, by fire or explosion.

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articles ofincorporation

Back 13

The document filed with the appropriate state official, usuallythe secretary of state, when a business is incorporated. Statestatutes usually prescribe what kind of information must becontained in the articles of incorporation.

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articles oforganization

Back 14

A document necessary for setting up a limited liability companyin many U.S. states. It is similar to articles of incorporationused for setting up corporations.

Front 15

assault

Back 15

Any word or action intended to make another person fearful ofimmediate physical harm; a reasonably believable threat.