LAS 100 1

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LAS 100 1
2010-10-18 00:38:57
Paralegal Today Key Terms

Paralegal Today
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  1. 1 Paralegal association formed in 1974
    National Federation of Paralegal Associations
  2. 1 Used interchangeably with CLA
    Certified Paralegal
  3. 1 Defines rights and duties of individuals
    Substantive law
  4. 1 Formal recognition by private group or agency
  5. 1 National organization of paralegal educators
    American Association for Paralegal Education (AAofPE)
  6. 1 Performs delegated legal work
  7. 1 Voluntary national association of attorneys
    American Bar Association
  8. 1 Term used interchangeably with paralegal
    Legal Assistant
  9. 1 Recognition of competency in legal specialty
    Advanced Paralegal Certification (APC)
  10. 1 Certified by NFPA
    Registered Paralegal (RP)
  11. 1 Certified by NALA
    Certified Legal Assistant (CLAS)
  12. 1 Paralegal program that meets ABA standards
    ABA - Approved program
  13. 2 Wages paid to hourly employees for extra work
    overtime wages
  14. 2 Title to property held by one for another's benefit
  15. 2 Civil wrong
  16. 2 Lawsuit brought against this party
  17. 2 Making personal connections
  18. 2 Proving validity of a will
  19. 2 Newsletter providing information to certain professions
    Trade journal
  20. 2 Agreement enforceable in court
  21. 2 Law relating to child support and divorce
    Family Law
  22. 2 Party initiating lawsuit
  23. 2 Law governing and defining crimes
    Criminal Law
  24. 2 End-of-the-year payment to a salaried employee
  25. 3 Reference file of firm's commonly used legal documents
    Forms File
  26. 3 Oversees paralegal professional development
    Paralegal manager
  27. 3 Association of two or more persons as business co-owners
  28. 3 One who purchases corporate stock
  29. 3 Fee paid for a specified legal service
    Fixed fee
  30. 3 Billing more than one client for the same billable time period
    Double billing
  31. 3 Provide clerical, secretarial support
    Support personnel
  32. 3 Fee of specified percentage of the amount recovered by the plaintiff
    Contingency fee
  33. 3 Avoids personal liability for malpractice of other partners
    Limited liability partnership
  34. 3 Person who operates a business jointly
  35. 3 Partner in a law firm who makes firm policy decisions
    Managing partner
  36. 3 Also called an escrow account
    Trust account
  37. 3 Attorney who works for a law firm but is not a partner and does not have an ownership interest in the firm.
    Associate Attorney
  38. 3 Law student working as an apprentice with a law firm.
    Law Clerk
  39. 3 Attorney hired by a law firm as an employee.
    Staff Attorney
  40. 3 A Corporation formed by licensed professionals such as Attorneys or Physicians.
    Professional Corporation. P.C.
  41. 3 An individual's personal responsibility for debts and obligations.
    Personal liability
  42. 3 Simplest form of business organization.
    Sole proprietorship
  43. 3 Administrative employee who manages the day-to-day operations of a firm.
    Office manager
  44. 3 Administrative employee of a law firm who manages day-to-day operations of a firm. Same as Office Manager but in larger firms.
    Legal Administrator
  45. 3 Firm's handbook or written statement that specifies the policies and procedures that govern the employees and employer-employee relationships.
    Employment Handbook
  46. 3 A statute setting the maximum time period within which certain actions can be brought to court or rights enforced.
    Statute of Limitations.
  47. 3 Signed document stating that the attorney or the law firm as been hired by the client and the client agrees to pay for said services.
    Retainer agreement
  48. 3 Advance payment made by a client to a law firm to cover part of the legal fees and/or costs.
  49. 3 Hours or fractions of hours that attorneys and paralegals spend in work that requires legal expertise and is directly billed to clients.
    Billable hours
  50. 3 a record documenting, for billing purposes, the hours that an attorney or paralegal worked for each client.
    Time slip
  51. 3 A slip of paper on which any expense, or cost, that is incurred on behalf of a client is recorded.
    Expense slip.
  52. 4 The regulation of the conduct of a professional group by members of the group.
  53. 4 A government's official act of granting permission to an individual, such as an attorney, to do something that would be illegal in the absence of such permission.
  54. 4 The performance of actions defined by a legal authority, such as a state legislature, as constituting the 'practice of law' without authorization.
    unauthorized practice of law (UPL)
  55. 4 A disciplinary sanction in which an attorney is rebuked for misbehavior. It is the mildest sanction.
  56. 4 A serious disciplinary sanction in which an attorney who has violated an ethical rule or a law is prohibited from practicing law in the state for specified or indefinite period of time.
  57. 4 A severe disciplinary sanction in which an attorney's license to practice law in the state is revoked because of unethical or illegal conduct.
  58. 4 professional misconduct or negligence-- the failure to exercise due care - on the part of a professional, such as an attorney or a physician.
  59. 4 money awarded as a remedy for a civil wrong, such as a breach of contract or tort (wrongful act).
  60. 4 To violate a legal duty by an act or a failure to act.
  61. 4 A person or entity not directly involved in an agreement, legal proceedings, or relationship.
    Third party
  62. 4 A rule of evidence requiring that confidential communications between a client and his or her attorney be kept confidential, unless the client consents to disclosure.
    attorney-client privilege
  63. 4 An attorney's mental impressions, conclusions, and legal theories regarding a case being prepared on behalf of a client.
    work product
  64. 4 A situation in which two or more duties or interests come into conflict, as when an attorney attempts to represent opposing parties in a legal dispute.
    conflict of interest
  65. 4 A term that refers to the procedures used to create a screen around a legal employee to shield him or her from information about a case in which there is a conflict of interest.
    ethical wall
  66. 4 A procedure for determining whether an agreement to represent a potential client will result in a conflict of interest.
    conflicts check
  67. 4 The intentional obstruction or frustration of a court's attempt to administer justice.
    contempt of court
  68. 4 Licensing in which all individuals within a specific profession or group must meet licensing requirements imposed by the state in order to legally practice their profession.
    general licensing
  69. 4 Licensing in which a limited number of individuals within a specific profession or group must meet licensing requirements imposed by the state in order to legally practice their profession.
    limited licensing
  70. 5 A body of rules of conduct established and enforced by the controlling authority (government) of a society.
  71. 5 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
  72. 5 In legal research, any publication that indexes, summarizes, or interprets the law, such as a legal encyclopedia, a treatise, or an article in a law review.
    secondary source of law
  73. 5 Rules of law announced in court decisions
    case law
  74. 5 A body of law developed from custom or judicial decisions in English and U.S. courts and not by a legislature
    common law
  75. 5 a court decision that furnishes authority for deciding later cases in which similar facts are presented
  76. 5 The doctrine of precedent, under which a court is obligated to follow earlier decisions of that court or higher courts within the same jurisdiction.
    stare decisis
  77. 5 Any source of law that a court must follow when deciding a case.
    binding authority
  78. 5 A precedent decided in another jurisdiction that a court may either follow or reject but that is entitled to careful consideration
    persuasive precedent
  79. 5 A case presenting a legal issue that has not yet been addressed by a court in a particular jurisdiction
    case of first impression
  80. 5 A government policy based on widely held societal values
    public policy
  81. 5 The means by which a right is enforced or the violation of a right is prevented or compensated for.
  82. 5 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 equity.
    court of law
  83. 5 A remedy available in a court of law. Money damages and items of value are awarded as a remedy at law.
    remedy at law
  84. 5 A remedy allowed courts in situations where remedies at law are not appropriate.
    Remedies in equity
  85. 5 A court that decides controversies and administers justice according to the rules, principles, and precedents of equity
    court of equity
  86. 5 Propositions or general statements of rules of law that are frequently involved in equity jurisdiction
    Equitable principles and maxims
  87. 5 An equitable doctrine 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
  88. 5 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.
    specific performance
  89. 5 A court decree ordering a person to do or refrain from doing a certain act.
  90. 5 A reference that indicates where a particular constitutional provision, statute, reported case, or article can be found.
  91. 5 With respect to lawsuits, the plaintiff or the defendant.
  92. 5 A statement by the court setting forth the applicable law and the reasons for its decision in a case
  93. 5 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 determines who wins based on an application of the law to the evidence presented.
    adversarial system of justice.
  94. 5 law based on the U.S. Constitution and the constitutions of the states.
    Constitutional law
  95. 5 The provision in Article 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
  96. 5 The first ten amendments to the U.S. Constitutions
    Bill of Rights
  97. 5 A written law enacted by a legislature under its constitutional lawmaking authority
  98. 5 The body of written laws enacted by the legislature
    statutory law
  99. 5 The system of government established by the Constitution, in which the national government and the state governments share sovereign powers.
    Federal system.
  100. 5 A system in which each of the three branches of the national government - executive, legislative, and judicial - exercises a check on the actions of the other two branches.
    checks and balances
  101. 5 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
  102. 5 An identification number assigned to a statute
    public law number
  103. 5 A doctrine under which a federal law preempts, or takes precedence over, conflicting state and local laws
  104. 5 An order, rule, or law enacted by a municipal or county government to govern a local matter not addressed by state or federal legislation.
  105. 5 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
  106. 5 A federal or state government agency established to perform a specific function.
    administrative agency
  107. 5 A statute enacted by a legislature that authorizes the creating of an administrative agency and specifies the name, purpose, composition, and powers of the agency being created.
    enabling legislation
  108. 5 To resolve a dispute judicially
  109. 5 The actions undertaken by administrative agencies when formally adopting new regulations or amending old ones
  110. 5 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 fact.
    administrative law judge
  111. 5 Law that relates to a particular nation
    national law
  112. 5 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
  113. 5 The law that governs relations among nations. International customs and treaties are generally considered to be two of the most important sources.
    International law
  114. 5 An agreement, or compact, formed between two independent nations.
  115. 6 A sufficient stake in a controversy to justify bringing a lawsuit.
    standing to sue
  116. 6 A controversy that is real and substantial, as opposed to hypothetical or academic.
    justiciable controversy
  117. 6 The authority of a court to hear and decide a specific case.
  118. 6 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
  119. 6 a court having jurisdiction over proceedings concerning the settlement of a person's estate
    probate court
  120. 6 The power of a court to take a case, try it, and decide it.
    original jurisdiction
  121. 6 A court in which cases begin and in which questions of fact are examined.
    trial court
  122. 6 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.
    appellate jurisdiction
  123. 6 A court that reviews decisions made by lower courts, such as trial courts; a court of appeals.
    appellate court
  124. 6 a question that pertains to the U.S. Constitution, acts of Congress, or treaties.
    federal question
  125. 6 Under the Constitution, a basis for federal district court jurisdiction over a lawsuit between (1) citizens of different states, (2) a foreign country and citizens of a state or states, or (3) citizens of a state and citizens of a foreign country.
    diversity of citizenship
  126. 6 Jurisdiction that exists when two different courts have the power to hear a case.
    concurrent jurisdiction
  127. 6 jurisdiction that exists when a case can be heard only in a particular court, such as a federal court.
    exclusive jurisdiction
  128. 6 The list of cases entered on the court's calendar and scheduled to be heard by the court
  129. 6 The geographic district in which an action is tried and from which the jury is selected
  130. 6 A legal error at the trial court level that is significant enough to have affected the outcome of the case.
    reversible error
  131. 6 a writ from a higher court asking a lower court to send it the record of a case for review.
    writ of certiorari
  132. 6 a rule of the United States 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
  133. 6 The resolution of disputes in ways other than those involved in the traditional judicial process.
    Alternative dispute resolution (ADR)
  134. 6 a process in which parties attempt to settle their dispute voluntarily, with or without attorneys to represent them.
  135. 6 An out-of-court resolution to a legal dispute, which s agreed to by the parties in writing.
    settlement agreement
  136. 6 a method of settling disputes outside of court by using the services of a neutral third party.
  137. 6 a method of settling disputes in which a dispute is submitted to a disinterested third party, who issues a decision that may or may not be legally binding.
  138. 6 a clause in a contract that provides that, in case of a dispute, the parties will determine their rights through arbitration rather than the judicial system.
    arbitration clause
  139. 6 a written agreement to submit a legal dispute to an arbitrator or arbitrating panel for resolution
    submission agreement
  140. 6 In the context of ADR, the decision rendered by an arbitrator.
  141. 6 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
  142. 6 a form of ADR in which an arbitrator first attempts to help the parties reach an agreement, just as a mediator would.
    mediation arbitration (med-arb)
  143. 6 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
  144. 6 A private proceeding that assists disputing parties in determining whether to take their case to court.
  145. 6 a settlement method in which a trial is held but the jury's verdict is not binding.
    summary jury trial (SJT)
  146. 6 The major organization offering arbitration services in the U.S.
    American Arbitration Association (AAA)
  147. 6 The resolution of disputes with the assistance of an organization that offers dispute-resolution services via the Internet.
    online dispute resolution (ODR)
  148. 14 A tort committed by use of the Internet
    cyber tort
  149. 14 A wrongful act knowingly committed
    intentional tort
  150. 14 one who commits a tort
  151. 14 Any word or action intended to make another person apprehensive or fearful of immediate physical harm; a reasonably believable threat.
  152. 14 The intentional and offensive touching of another without lawful justification
  153. 14 The intentional confinement or restraint of a person against his or her will.
    false imprisonment
  154. 14 Capable of serving as the basis of a law-suit.
  155. 14 Anything published or publicly spoken that causes injury to another's good name, reputation, or character.
  156. 14 Defamation in oral form
  157. 14 Defamation in writing or other published form
  158. 14 In tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts.
  159. 14 Real and demonstrated evil intent.
    actual malice
  160. 14 In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user
  161. 14 Any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.
    fraudulent misrepresentation
  162. 14 Wrongful interference with another's business rights
    business tort
  163. 14 Business behavior that is undertaken with the intention of unlawfully driving competitors out of the market.
    predatory behavior
  164. 14 The entry onto, above, or below the surface of land owned by another without the owner's permission.
    trespass to land
  165. 14 The unlawful taking or harming of another's right to the exclusive possession of his or her personal property
    trespass to personal property
  166. 14 The act of wrongfully taking or retaining a person's personal property and placing it in the service of another.
  167. 14 The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.
  168. 14 The duty of all persons, as established by tort law, to exercise reasonable care in dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, is the tort of negligence.
    Reasonable person standard
  169. 14 A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes.
    business invitee
  170. 14 A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.
    compensatory damages
  171. 14 Money damages awarded to a plaintiff to punish the defendant and deter future similar conduct.
    punitive damages
  172. 14 Causation brought about by an act or omission without which an event would not have occurred.
    Causation of fact
  173. 14 Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability
    proximate cause
  174. 14 Voluntary taking on a known risk; a defense against negligence that can be used when the plaintiff has knowledge of and appreciates a danger and voluntarily exposes himself or herself to the danger.
    assumption of risk
  175. 14 A theory in tort law under which a complaining party's own negligence contributed to his or her injuries.
    contributory negligence
  176. 14 A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all persons who were guilty of negligence.
    comparative negligence
  177. 14 An action or failure to act in violation of a statutory requirement
    negligence per se
  178. 14 A state statute stipulating that persons who provide emergency services to others in peril - unless they do so recklessly, thus causing further harm - cannot be sued for negligence.
    Good Samaritan statute
  179. 14 A state statute that imposes liability on the owners of bars, as well as those who serve alcoholic drinks to the public, for injuries resulting resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.
    dram shop act
  180. 14 Liability regardless of fault. In tort law, strict liability may be imposed on a merchant who introduces into commerce a good that is so defective as to be unreasonable dangerous.
    strict liability
  181. 14 The legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods.
    product liability
  182. 14 A product that is defective to the point of threatening a consumer's health and safety.
    unreasonably dangerous product
  183. 14 a person who buys products and services for personal or household use.
  184. 14 Statutes, agency rules, and judicial decisions protecting consumers of goods and services
    consumer law
  185. 14 Advertising that misleads consumers, either by unjustified claims concerning a product's performance or by failure to disclose relevant information concerning the product's composition or performance.
    deceptive advertising
  186. 14 An administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal.
    cease-and-desist order
  187. 14 New advertising undertaken under a Federal Trade Commission order for the purpose of correcting earlier false claims that were made about a product.
  188. 14 A proceeding in which a creditor legally seizes a portion of a debtor's property (such as wages) that is in the possession of a third party (such as an employer)