Paralegal Language

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Paralegal Language
2012-01-25 21:08:31

key terms for introduction to paralegal studies
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  1. affirm
    the appellate court agrees with teh outcome of trail and can find no reversible error and the decision of the trial court stands.
  2. agent
    a party who agrees to act on behalf of another
  3. ALS (accredited legal secretary)
    basic certification for legal professionals from NALS
  4. American Association for Paralegal Education (AAfPE)
    national organization of paraglegal educators and institutions offering paralegal education programs
  5. American Bar Association (ABA)
    largest professional legal organization in the US
  6. attestation
    the action of a will being witnessed by the required number of competent people
  7. dictionary of law
    Black's Law Dictionary
  8. attorney-client privilege
    a client's right to have anything told to a lawyer while seeking legal advice, kept confidential in most instances; extends to paralegal
  9. candor
    a duty of honesty to the court
  10. Certified Legal Assistant (CLA)
    designation by national Assoc. of Legal Assistants for those who take and pass NALA certification program two -day comprehensive examination
  11. citation
    a reference to the source of the information
  12. civil litigation
    resolution of legal disputes between parties seeking a remedy for a civil wrong or to enforce a contract
  13. common interest privilege
    to permit a cliet to share confidential information with teh attorney for another who shares a common legal interest
  14. % of cases settled outside of courtroom
  15. competence/competent
    the minimum level of knowledge of knowledge and skill required of a professional
  16. confidentiality
    a duty imposed on teh attorney to enable clients to obtain legal advice by allowing the client to freely and openly give the attorney all the relevant facts
  17. conflict of interest
    the representation of one client being directly adverse to the interest of another client
  18. discovery
    a legal process during which both parties engage in various activities to elicit facts of the case from the other party and witnesses prior to trial
  19. E-filing
    electronic filing of pleadings, briefs, and other docuemnts related to a lawsuit with the court
  20. ethical wall
    enviornment in which an attorney or a paralegal is isolated from a particular case or client to avoid a conflict of interest or to protect a client's confidences and secrets
  21. exculpatory evidence
    evidence which tends to prove the innocence of the accused or prove the facts of the defendent's case
  22. facts
    information or detail
  23. felony
    the most serious type of crime; inherently evil crime. most crimes against teh person and some business-related crimes are felonies
  24. fiduciary relationship
    a relationship under which one party has a duty to act for the interest and benefit of another while acting within the scope of the relationship
  25. IPMA
    International Paralegal management Association: a north american association for legal assitant managers
  26. jurisprudence
    the philosophy or science of law
  27. legal assitant
    paralegal (paralegal is the preferred term)
  28. litigation
    the process of bringing, maintaining, and defending a lawsuit
  29. misdemeanor
    a less serious crime; not inherently evil but prohibited by society. Many crimes against property are misdemeanors
  30. NALA
    national association of legal assistants - prof. organization for legal assitanct taht provides continuing education and professional certification for paralegals, in. 1975
  31. NALS
    National Association of Legal Secretaries - since 1999, assoc. for legal prof. orgianlly formed in 1949 as an assoc. for legal secretaries
  32. NFPA
    National Federation of Paralegal Associations - prof. organization of state and local paralegal assoc. founded in 1974
  33. paralegal
    a person qualified by educ, training, or work experience who is employed or retained by a lawyer, law office, corp., governmental agency, or other entity who performs specifically delegated substantive legal work for which a lawyer is responsible
  34. PACE
    paralegal advanced competency exam - Nat. Assoc. of Paralegal Assoc. certification program that requires the paralegal to have two year of experiene and bachelor's degree and have completed a paralegal course at an accredited school
  35. petitioner
    the party appealing the decision of an administrative agency
  36. plantiff
    the party who files the complaint
  37. pleadings
    the paperwork that is filed with the court to initiate and respond to a lawsuit
  38. principal
    the party who employs another person to act on his or her behalf
  39. privilege
    a special legal right
  40. pro se
    parties represent themselves
  41. PLS
    Professional Legal Secretary certification
  42. PP
    Professional Paralegal certification from NALS
  43. respondent
    the party who ust respond to teh appeal, usually the verdict winner at trial
  44. rules of court
    a court's rules for the processing and presentation of cases
  45. statute
    written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct that the covered parties must adhere to
  46. supervising attorney
    the member of teh legal team two whom all others on the team report and who has the ultimate responsbility for the actions of the legal team
  47. third-party documents
    documents prepared by a third party in the ordinary course of business that would have been prepared in simlar form if there was no litigation
  48. trier of facts
    the trier of facts decides what facts are to be accepted and used in making the decision. It is usually a jury, but may be a judge who hears a acase without a jury and decides the facts and applies the law
  49. UPL
    Unauthorized Practice of Law - giving legal advice, if legal right may be affected, by anyone not licensed to practice law
  50. work-product doctrine
    a qualified immunity from discovery for "work product of the lawyer" except on a substantial showing of "necessity or jutification" of certain written statments and memoranda prepared by counsel in representation of a client, generally in preparation for trial
  51. arbitration
    a form of ADR in which the parties choose an impartial third party to hear and decide the dispute
  52. bench opinion
    initial version of a decision issued from the bench of a court
  53. Bill of Rights
    first 10 amendments of the Constitution which has 27 amendments
  54. briefs
    documents submitted by the parties' attorneys to the judge that contain legal support for their side of the case
  55. citator
    an index of cases
  56. common law
    developed by judges who issue their opinions when deciding cases. the principles announced in these cases became precedent for later judges deciding similar cases.
  57. complaint
    the document the plaintiff files with eh court and serves on the defendant to initiate a lawsuit
  58. contract
    an agreement entered by two parties for valid consideration
  59. enumerated powers
    certain powers delegated to the federal govt by the states
  60. federalism
    sharing of powers between state and federal govt.
  61. judgment
    official decision of the court
  62. jurisdiction
    authority of the court to hear disputes and impose resolution of the dispute upon the litigants
  63. law
    which must be obeyed and followed by citizens subject to sanctions; body of rules of action or conduct prescribed by controlling authority, and having binding legal force
  64. ordinances
    laws enacted by local govt bodies such as cities and municipalities, countries, school districts and water districts
  65. precedent
    prior case law that is controlling
  66. tort
    a wrong; three categories
  67. 3 categories of torts
    • 1. intentional
    • 2. unintentional (negligence
    • 3. strict liability
  68. treaty
    compact made between two or more nations
  69. trial notebook
    summary of the case tabbed for each major activity, witness, or element of proof
  70. trial brief
    document presented to the court setting forth a legal argument ot persuade the court to rule in a particular way on a procedural or substantive legal issue
  71. voir dire
    process wherby prospective jurors are asked uestions by the judge and attorneys to determine if they would be biased in their decision
  72. parts of a citation
    style, volume, reporter, series, pg. #, court, year
  73. reporter for Missouri
    South Western Reporter
  74. stare decisis
    "to stand by the decision" - adherence to precedent; promotes uniformity of law within a jurisdiciton, makes the court system more efficient, law more predictable for individuals and businesses