Paralegal Certification Exam 2

Front 1

affirmative defense

Back 1

A response to a plaintiff’s claim that does not deny theplaintiff’s facts but attacks the plaintiff’s legal right to bring anaction.

Front 2

agency

Back 2

A relationship between two persons in which one person (theagent) represents or acts in the place of another (the principal)

Front 3

agent

Back 3

A person who is authorized to act for or in the place of anotherperson (the principal).

Front 4

agreement

Back 4

A meeting of the minds and a requirement for a valid contract.Agreement involves two distinct events: an offer to form acontract and the acceptance of that offer by the offeree.

Front 5

alimony

Back 5

Money paid to support a former spouse after a marriage hasbeen terminated. The alimony may be permanent ortemporary (rehabilitative).

Front 6

allegation

Back 6

A party’s statement, claim, or assertion made in a pleading tothe court. The allegation sets forth the issue that the partyexpects to prove.

Front 7

ALTA (AmericanLand TitleAssociation)

Back 7

A national trade association representing the interests of theabstract of title and title insurance industries.

Front 8

alternative disputeresolution (ADR)

Back 8

The resolution of disputes in ways other than those involved inthe traditional judicial process. Negotiation, mediation, andarbitration are forms of ADR.

Front 9

amicus curiae brief

Back 9

A brief filed with the court by a third party (i.e., a party notdirectly involved in the lawsuit) who is concerned about theoutcome of the litigation. The purpose of such a brief is toconvince the court to rule in favor of one of the parties becausenot to do so would affect a broad interest of society. (Amicuscuriad is Latin for “friend of the court.”)

Front 10

annulment

Back 10

A court decree that invalidates (nullifies) a marriage. Althoughthe marriage itself is deemed nonexistent, children of amarriage that is annulled are deemed legitimate.

Front 11

answer

Back 11

A defendant’s response to a plaintiff’s complaint.

Front 12

antenuptialagreement

Back 12

A written contract created by two people planning to bemarried. The agreement typically lists all of the property eachperson owns, as well as their debts, and it specifies what eachperson’s property rights will be after they tie the knot.Antenuptial agreements often specify how property will bedivided – and whether spousal support (alimony) will be paid –in the event of a divorce.

Front 13

appeal

Back 13

The process of seeking a higher court’s review of a lowercourt’s decision for the purpose of correcting or changing thelower court’s judgment or decision.

Front 14

appellant

Back 14

The party who takes an appeal from one court to another;sometimes referred to as the petitioner

Front 15

Appellant’s brief

Back 15

An appellate brief that argues in favor of the appellant’sposition. This brief will try to convince the court that the lowercourt’s decision was erroneous.