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43 Cards in this Set

  • Front
  • Back
Unauthorized practice of law (UPL)
conduct by a person who does not have a license to practice law or other special authorization needed for that conduct
Practice of Law
Using legal skills to assist a specific person in resolving his or her spacific legal problems
Attorney in Fact
One authorized to act in place of or for another, often in a business transaction
Power of Attorney
1. A document that authorizes another to act as one's agent or attorney in fact. 2. The authority itself
Statement of principles
Guidlines that try to identify the activities of specified law-related occupations that do not constitute the practice of law.
involving conflict or adversaries
Adversarial System
A mentod of resolving a legal dispute whereby the parties (alone or through their advocates) argue their conflicting claims before a neutral decision maker.
A claim by one side in a case (usually the defendant) that is filed in response to a claim asserted by an opponent (usually the plaintiff)
Pro Se
(on one's own behalf) Appearing for or representing oneself. Also called In Porpria Persona, Pro Per
Administrative Procedure Act (APA)
The statute that governs procedures before federal administrative agencies. (many states have thier APA for procedures before state administrate agencies.)
Registered Agent
A nonattorney authorized to practice before the United States Patent and Trademark Office
Enrolled Agent
An attorney or nonattorney who is authorized to represent taxpayers before the Internal Revenue Service
Administrative Law Judge (ALJ)
A hearing officer who presides over a hearing at an administrative agency
Supremacy Clause
The clause in the US Constitution (ar.VI,cl.2) that has been interpreted to mean that when valid federal law conflicts with state law, federal law controls.
Traditional paralegal
A paralegal who is employee of an attorney.
Continuing Legal Education (CLE)
Training in the law (usually short term) that a person reeived after completing his or her formal legal training.
Independant Contractor
One who operates his or her own business and contracts to do work for others who do not control many of the administrative details of how that work is performed.
Page 52 Debate
A debate on whether there should be limited licensing for paralegals (based on recommendations in favor of such licensing on page 52 of a report of an ABA commision)
A professional copyist; a document prepare
Limited Practice Officer (LPO)
A nonattorney in Washington State who has the authority to select and prepare approved legal documents for desiganted property transactions.
Legal Document Assistant (LDA)
A nonattorney in CA who is authorized to charge fees for providing "self help" services (without attorney supervision) to anyone representing himself or herself in a legal matter
Unlawful Detainer Assistant (UDA)
A non attorney in CA who is authorized to charge fees foer providing assistance or advice (without attorney supervision) to landlord or tenants to bring or defend actions for the possesion of land
Bankruptcy Petition Preparer (BPP)
A nonattorney who is authorized to charge fees for preparing (without attorney supservision) a bankruptxy petition or any other bankruptcy document that a debtor will file in a federal court
Attorney Attestation
A signed statement by an attorney that a paralegal applying for membership in an association meets one or more of the criteria of the asssociattion
The certification credential bestowed by NALA, CLA = Certified Legal Assistant, CP for Certified Paralegal
RP or PACE Registered Paralegal
The certification credential bestowed by the NFPA (national Federation of Paralegal Associations) RP = registered paralegal. PACE = Paralegal Advanced Certification Examination
The certification credential bestowed by NALS (national association for legal professionals) PP = Professional Paralegal
Entry-level Certification
Certification acquired by meeting elegibility requirements that do not include work experience.
Fair Labor Standards Act (FLSA)
The federal statute that regulates conditions of emplyment such as when overtime compensation must be paid
Displace or take precedence over. The noun is pre-emption. Under the supermacy clause of the US Constitution, federal laws take precedence over (preempt) state laws when Congress (1) expresssly mandates the reemption, (2) regulates an area so prevasively that an intent to preempt the entire field may be inferred, or (3) enacts a law that directly conflicts with a state law.
A civil wrong (other than a breach of contract) that causes injury or other damage for which our legal system deems in just to provide a remedy such as compensation.
Vicarious Liability
Liability imposed on one party for the conduct of another, based solely upon the status of the relationship between the two (e.g. employer-employee)
Respondeat Superior
Let the Master (boss) answer. An employer is responsible (liable) for the wrongs committed by an employee within the scope of employment
Scope of Employment
That which is foreseeably done by an employee for an employer under the latter's specific or general control.
Deep Pocket
(1) An individual, or business, oranother oranization with resources to pay a potential judgment (2) Sufficient assets for this pupose. The opposite of shallow pocket
harm caused by the failure to use reasonable care.
(1) summons, writ or court order, eg to appear in court. (2) Procedure or proceedings in a an action or prosecution.
Malicious Prosecution
A tort with the following elements (1) to initiate or procure the initiation of civil or criminal legal proceeding; (2) without probable cause; (3) with malicie or an imporper purpose; and (4) the proceedings termi
Abuse of Process
A tort consisting of (1) the use of a civil or criminal process, (2) for a purpose for which the process is not designed, and (3) resulting in actual damage.
Professional misconduct or wrongdoing such as an ethical violation, crime, negligence, battery, or other tort.
Go Bare
To engage in an occupation or profession without malpractice (liabilty) insurance
Occurrency Policy
Insurance that covers all occurences (eg a negligent error or omission) during the period the policy is in efefct, even if the cliam is not filed until after the policy expires.
Claims-made policy
Insurnace that covers only cliams actually filed (made) during the period in which the policy is in effect