Paralegal Terms

Front 1

Probable cause

Back 1

For reasonable basis for belief in something, or that something is reasonably more likely to have occurred than not.

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Gamesmanship

Back 2

When lawyers, zealously representing their clients, step across the lines of truth, and start making misleading and false representations of authority to the court.

Front 3

Due diligence

Back 3

The correct level of care and attention.

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Fiduciary

Back 4

A person entrusted with handling money or property for someone else.

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Perjury

Back 5

Giving false testimony in court, or lying under oath.

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Practice of law

Back 6

Services that an attorney is authorized by law to provide to a client.

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Disclosed

Back 7

Made public

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Spoliation of evidence

Back 8

The alteration or destruction of evidence.

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Sanction

Back 9

A penalty or other means of enforcement use as an incentive to obey the law or rules and regulations

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Reversed

Back 10

A court decision set aside by a court of appeals.

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Restraining order

Back 11

Court order to stay away from someone.

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Recoverable

Back 12

Capable of being recovered.

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Probate

Back 13

The process of having a will declare valid by a judge.

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Parallel cite

Back 14

A citation to a court decision that printed in more than one reporter.

Front 15

Plaintiff

Back 15

The person that filed a lawsuit asking for damages money awards.

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Law Clerks

Back 16

Law students who haven't graduated and recent law school graduates who haven't yet been admitted to the State Bar.

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Jurisprudence

Back 17

A system of law or the accumulated body of Court decisions in that system.

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Examine

Back 18

To ask questions of the witness at trial.

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Discretion

Back 19

The power of a judge to act according to his or her judgment after reviewing the facts of the case and the law that applies.

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Defendant

Back 20

The person a lawsuit is filed against.

Front 21

Conflict of interest

Back 21

When a legal professional representing a client has information about the other party involved in the client's case, or has some kind of relationship with the other party.

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Cite

Back 22

Who referred to Legal authorities in support of an argument or proposition of law.

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Citation

Back 23

The reference to the volume and pages of a legal authority, such as they publish decisions of a certain court, that will allow reader to look up the decision.

Front 24

Attorney client privilege

Back 24

The doctrine that by law, most information a client tells his or her attorney in connection with his or her representation can't be disclosed by the attorney or any of the staff.

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Amicus curiae

Back 25

Friend of the Court.

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Allegation

Back 26

Accusation that the accusing party intends to prove in court.

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Adversarial system

Back 27

The system of justice practice in this country, where opposing parties battle against each other in court trying to get a result that favors them.

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Securities

Back 28

Stocks, bonds, and other means of investment.

Front 29

Ex post facto law

Back 29

A law making a person criminally liable for an act that wasn't criminal at the time it was committed.

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Statute of limitations

Back 30

A law prescribing the maximum period of time after the occurrence of an injury or a crime, during which a civil or criminal action may be taken.

Front 31

Zeal

Back 31

Passionate interest

Front 32

Aquitted

Back 32

A person found not guilty.

Front 33

No Contest

Back 33

The same as a guilty plea in a criminal case.

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Double jeopardy or former jeopardy

Back 34

A statue that forbides charging someone with a crime for which he or she has already been found not guilty.

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Not Guilty by reason of insanity

Back 35

A denial based on an inability to appreciate the criminality of an act or to form criminal intent.

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Not guilty

Back 36

A denial of having committed the crime alleged.

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Guilty

Back 37

An admission of having committed the alleged

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Zealous

Back 38

Overeagerness and ardent interest in pursuing something.

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Acquittal

Back 39

Formal legal release from charges and from any legal or financial consequences arising from the charges.

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Injunction

Back 40

A remedy that involves equitable relief.

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Wrongful act

Back 41

An act or failure to act.

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Damage

Back 42

Loss, harm, or hurt that results from an injury.

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Remedy

Back 43

A person's right is enforced and relief is gained.

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Equitable relief

Back 44

Relief in the form of compulsory or prohibited conduct.

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Compensatory damages

Back 45

Represent a sum awarded to the injured party as financial compensation for loss or damage.

Front 46

Motion to dismiss

Back 46

Asks the court to dismiss the plaintiff's claim without further consideration.

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Order

Back 47

a command issued by a court

Front 48

Work product

Back 48

Any material produced by an attorney while preparing for trial, such as notes and memos.

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Work product doctrine

Back 49

Any material produced by an attorney while preparing for trial.

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United States Code

Back 50

All the laws of the federal government, organized by subject matter into sections, and publish in many volumes.

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Waive

Back 51

To voluntarily give up right you know you have and could have enforced in court.

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Superseded

Back 52

Overruled by a law of a higher level of government.

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Action

Back 53

A lawsuit.

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Punitive damages

Back 54

Awarded above and beyond compensation damages.

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Brief

Back 55

A written statement submitted to the court for the purpose of persuading the judge of the correctness of one's position.

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Burden of proof

Back 56

The duty of establishing the truth of a matter of proving a fact that's in dispute.

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Cause of action

Back 57

Circumstances that give a person the right to bring a lawsuit.

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Deposition

Back 58

The transcript of a witness's testimony given under oath outside of the courtroom, usually before trial.

Front 59

Discovery

Back 59

A way of providing a party, before trial, access to facts that are by the other side, so that neither side is at a disadvantage.

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Interrogatories

Back 60

Written questions put by one party in a lawsuit to another before trial.

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Litigation

Back 61

A legal action or lawsuit.

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Party

Back 62

One of the opposing side in a lawsuit.

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Pleading

Back 63

Formal statements by the parties to an action which outlined their claims or defenses.