Paralegal terms

Card Set Information

Paralegal terms
2012-03-21 13:37:39

Paralegal definitions
Show Answers:

  1. A body of rules of conduct established and enforced by the controlling authority (the government) of a society
  2. In legal research, a document that establishes the law on a particular issue, such as a case decision, legislative act, administrative rule, or presidential order.
    primary source of law
  3. In legal research, any publication that index, summarizes, or interprets the law, such as a legal encyclopedia, a treatise, or an article in a law review.
    secondary source of law
  4. rules of law announced in court decisions
    case laws
  5. a body of law developed from custom or judicial decisions in English and U.S. courts and not by a legislature
    common law
  6. a court decision that furnishes authority for deciding later cases in which similar facts are presented
  7. the doctorine of precendent, under which a court is obligated to follow earlier decisions of that court or higher courts within the same jurisdiction. This is a major characteristic of the common law system
    stare decisis
  8. any source of law that a court must follow when deciding a case. binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction
    binding authority
  9. a precedent decided in another jurisdiction that a court may either follow or reject but that is entitled to careful consideration
    persuasive precedent
  10. a case presenting a legal issue that has not yet been addressed by a court in a particular jurisdiction
    case of first impression
  11. a govermental prlicy based on widely held societal values
    public policy
  12. the means by which a right is enforced or the violation of a right is prevented or compensated for
  13. a court in which the only remedies were things of value, such as money. Historically, in England, courts of law were different from courts of equality
    court of law
  14. a remedy available in a court of law. money damages and items of value are awarded as a remedy at law
    remedy at law
  15. a remedy allowed by courts in situations where remedies at law are not appropriate. remedies in equity are based on rules of fairness, justice, and honesty
    remedy in equity
  16. a court that decides controversies and administers justice according to the rules, principles, and precedents of equity
    court of equity
  17. propositions or general statements of rules of law that are frequently involved in equity jurisdiction
    equitable principles and maxims
  18. an equitable doctorine that bars a party's right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights
  19. an equitable remedy requiring the performance that was specified in a contract; usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique (for example, real property).
    specific performance
  20. a court decree ordering a person to do or to refrain from doing a certain act
  21. a reference that indicates where a particular constitutional provision, statute, reported case, or article can be found
  22. with respect to lawsuits, the plaintiff or the defendant. Some cases involve multiple parties (more than one plaintiff or defendant)
  23. statement by the court setting forth the applicable law and the reasons for its decision in a case
  24. a legal system in which the parties to a lawsuit are opponents, or adversaries, and present their cases in the light most favorable to themselves. The impartial decision maker (the judge or jury) determines who wins based on an application of the law to the evidence presented.
    adversarial system of justice
  25. law based on the U.S. Constitution and the constitutions of the states
    constitutional law
  26. the provision in Artical VI of the U.S. Constitution that declares the Constitution, laws, and treaties of the United States "the supreme Law of the Land"
    supremacy clause
  27. the first ten amendments to the U.S. Constitution
    Bill of Rights
  28. a written law enacted by a legislature under its constitutional lawmaking authority
  29. the body of written laws enacted by the legislature
    statutory law
  30. the system of government established by the Constitution, in which the national goverment and the state goverments share soverign powers
    federal systems
  31. a system in which each of the three branches of the national goverment-executive, legislative, and judicial- exercises a check on the actions of the other two branches
    checks and balances
  32. the provision in Article I, Section 8, of the U.S. Constitution that gives the national government the power to regulate interstate commerce
    commerce clause
  33. identification number assigned to a statute
    public law number
  34. a doctorine under which a federal law preempts, or takes precedence over, conflicting states and local laws
  35. an order, rule, or law enacted by a municipal or county goverment to govern a local matter not addressed by a state or federal legislation
  36. a body of law created by administrative agencies in the form of rules, regulations, orders, and decisions in order to carry out their duties and responsibilities
    administrative law
  37. a federal or state government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules relating to the purpose for which they were estabolished
    administrative agency
  38. the statute enacted by a legislature that authorizes the creation of an administrative agency and specifies the name, purpose, composition, and powers of the agency being created
    enabling legislation
  39. to resolve a disputed judicially
  40. the actions undertaken by administrative agencies when formally adopting new regulations or amending old ones
  41. one who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of facts
    administrative law judge (ALJ)
  42. law that relates to a particular nation (as opposed to international law).
    national law
  43. a system of law derived from that of the Roman Empire and based on a code rather than case law, the predominant system of law in the nations of continental Europe and the nations that were once their colonies.
    civil law system
  44. the law that governs relations among nations. International customs and treaties are generally considered to be two of the most important sources of international law.
    international law
  45. an agreement, or compact, formed between two independent nations
  46. a sufficient stake in a controversy to justify bringing a lawsuit. To have standing in sue, the plaintiff must demonstrate an injury or a threat of injury
    standing in sue
  47. a controversy that is real and substantial, as opposed to hypothetical or academic
    justiciable controversy
  48. the authority of a court to hear and decide a specific case
  49. a state statute that permits a state to obtain jurisdiction over nonresidents. The nonresidents must have certain "minimum contacts" with that state for the statute to apply
    long arm statute
  50. a court having jurisdiction over proceedings concerning the settlement of a person's estate
    probate court
  51. federal court of limited jurisdiction that hears only bankruptcy proceedings
    bankruptcy court
  52. power of a court to take a case, try it, and decide it
    original jurisdiction
  53. a cocurt in which cases begin and in which questions of fact are examined
    trial court
  54. the power of a court to hear and decide an appeal; the authority of a court to review cases that have already been tried in a lower court and to make decisions about them without holding a trial. This process is called appallate review
    appellate jurisdiction
  55. court that reviews decisions made by lower courts, such as trial courts; a court of appeals
    appellate court
  56. a question that pertains to the U.S. Constitution, acts of Congress, or treaties. It provides a basis for jurisdiction by the federal courts. This jurisdicction is authorized by Article III, Section 2, of the Constitution
    federal question
  57. under the Constitution, a basis for federal district court jurisdiction over a lawsuit between (1) citizens of different states, (2) a forigen country and citizens of a different state or states, (3) citizens of a state and citizes of a foriegn country. The amount in controversy must be more than $75,000 before a federal court can exercise jurisdiciton in such cases.
    diversity of citizenship
  58. jurisdiction that exists when twho different courts have the power to hear a case. For example, some cases can be heard in either a federal or a state court
    concurrent jurisdiction
  59. jurisdiction that exists when a case can be heard only in a particular court, such as a federal court
    exclusive jurisdiction
  60. entered on the court's calendar and scheduled to be heard by the court
  61. the geographic district in which an action is tried and from which the jury is selected
  62. legal error at the trial court level that is significant enough to have affected the outcome of the case. It is grounds for reversal of the judgment on appeal
    reversible error
  63. a writ from a higher court asking a lower court to send it the record of a case for review. The US Supreme Court uses certiorari to review most of the cases it decides to hear
    writ of certiorari
  64. a rule of the US Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ
    rule of four
  65. the resolution of disputes in ways other than those involved in the traditional judicial process. negotion, mediation, and arbitration are forms of ADR
    alternative dispute resolution (ADR)
  66. a process in which parties attempt to settle their dispute voluntarily, with or without attorneys to represent them
  67. an out-of-court resolution to a legal dispute, which is agreed to by the parties in writing. A settlement agreement may be reached to any time prior to or during the trial
    settlement agreement
  68. method of settling disputes ourtside of court by using the services of a neutral third party, who acts as a communicating agent between the parties; a method of dispute settlement that is less formal than arbitration
  69. method of settling disputes in which a dispute is submitted to a disinterested third party (other than a court), who issues a decision that may or may not be legally binding
  70. a clause in a contract that provides that, in case a dispute, the parties will dertimine their rights through arbitration rather than the judicial system
    arbitration clause
  71. a written agreement to submit a legal dispute to an arbritator or arbitrating panel for resolution
    submission agreement
  72. in the context of ADR, the decision rendered by an arbitrator
  73. a form of ADR in which a mediator attempts to facilitate agreement between the parties but then issues a legally binding decision if no agreement is reached
    binding mediation
  74. a form of ADR in which an arbitrator first attempts to help the parties reach an agreement, just as a mediator would. If no agreement is reached, formal arbitration occurs, and the arbitrator issues a legally binding decision
    mediation arbitration (med-arb)
  75. a form of ADR in which a neutral third party evaluates the strengths and weaknesses of the disputing parties' positions; the evaluator's opinion forms the basis for negotiating a settlement
    early neutral case evaluation
  76. a private proceeding that assists disputing parties in determining whether to take their case to court. Each party's attorney briefly argues the party's case before the other party and (usually) a neutral third party, who acts as an advisor. If the parties fail to reach an agreement, the adviser issues an opinion as to how a court would likely decide the issue.
  77. settlement method in which a trial is held but the jury's verdict is not binding. The verdict acts as a guide to both sides in reaching an agreement during mandatory negotiations that follow the trial. If a settlement is not reached, both sides have the right to a full trial later.
    summary jury trial (SJT)
  78. the major organiztion offering arbitration services in the US
    American Arbitration Association (AAA)
  79. the resolution of disputes with the assistance of an organization that offers dispute-resolution services via the internet
    online dispute resolution (ODR)