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Introduction to Paralegalism > 4 - Regulation of Paralegals > Flashcards

4 - Regulation of Paralegals Flashcards

1
Q

regulation

A

a rule or restriction designed to control the conduct of an organization or individual; regulation can be issued by a government body (e.g. an administrative agency) or by a nongovernmental body (e.g. an association or club)

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2
Q

practice of law

A

using or attempting to use legal skills to help resolve a specific person’s legal problem

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3
Q

professional judgment

A

applying the law or legal principles to the facts of a specific person’s legal problem; when communicated to this person, the result is called legal advice

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4
Q

legal advice

A

a statement or conclusion that applies the law or legal principles to the facts of a specific person’s legal problem

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5
Q

legal information

A

any statement about the law that is not directed at the facts of a specific person’s legal problem

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6
Q

self-help

A

1 - self representation; representing oneself with or without some assistance from an attorney, document service provider, online legal site, manual or other materials
2 - acting on one’s own to prevent or correct the effects of a tort or other wrong without using the courts or other public authority

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7
Q

pro se

A

on one’s own behalf; appearing for or representing oneself; also called in propria persona (in pro per)

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8
Q

litigants

A

a party in a lawsuit

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9
Q

pleading

A

a formal litigation document filed by a party that states or responds to the claims or responds to the claims and defenses the parties have against each other; major pleadings are the complaint and answer

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10
Q

independent contractors

A

a self-employed person who operates his or her own business and contracts to perform tasks for others; in general, the latter do not control many of the administrative details of how work is performed

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11
Q

Bankruptcy Petition Preparer (BPP)

A

a non-attorney who is authorized to charge fees or preparing (without attorney supervision) a bankruptcy petition or any other bankruptcy document that a self-represented debtor will file in a federal court

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12
Q

exemptions

A

1 - the right of a debtor to keep designated property rather than make it available to creditors to satisfy debts, particularly in bankruptcy
2 - not subject to a requirement

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13
Q

discharged

A

extinguish; forgive a debt so that it is no longer owed

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14
Q

Legal Document Assistant (LDA)

A

a non-attorney in CA who is authorized to charged fees for providing self-help assistance (without attorney supervision) to anyone representing himself or herself in a legal matter

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15
Q

Unlawful Detainer Assistant (UDA)

A

a non-attorney in CA who is authorized to charge fees for providing self-help assistance (without attorney supervision) to landlords or tenants in actions for the possession of land

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16
Q

ministerial

A

involving a duty that is to be performed in a prescribed manner without the exercise of judgment or discretion

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17
Q

bond

A

an obligation to perform an act (e.g. pay a sum of money) upon the occurrence of a designated condition

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18
Q

Legal Document Preparer (LDP)

A

a non-attorney in AZ who is authorized to charge fees for providing self-help assistance (without attorney supervision) to anyone representing himself or herself in a legal matter; also called Arizona Certified Legal Document Preparer (AZCLDP)

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19
Q

antitrust law

A

the law governing unlawful interferences with competition such as through price-fixing, monopolies, and other restraints of trade

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20
Q

statements of principles

A

guidelines negotiated by bar associates and specified law-related occupations that distinguish between those activities of the occupations that do not constitute the unauthorized practice of law and those that do

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21
Q

minimum-fee schedule

A

a bar-association list of the lowest fee an attorney can ethically charge for specific kinds of legal services; such lists (schedules) have been held to violate antitrust laws

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22
Q

counterclaim

A

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)

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23
Q

court of record

A

a court that is required to maintain a record of the proceedings before it, including a word-for-word account of what occurred

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24
Q

calendar call

A

time in court when a case on the calendar (docket) is called for a determination by the judge of the next step in the proceeding (docket call)

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25
Q

continuance

A

the adjournment or postponement of a proceeding until a later date

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26
Q

ex parte

A

with only one side present (usually the plaintiff or petitioner) when court action is requested (ex parte order - ex. a court order requested by one party ad issued before notice is given to the other party)

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27
Q

uncontested

A

unchallenged; without opposition or dispute

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28
Q

pleadings

A

a formal litigation document filed by a party that states or responds to the claims and defenses the parties have against each other; major pleadings are the complaint and answer

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29
Q

memoranda of law

A

a written explanation of how one or more rules might apply to the factors of a client’s case (memo, memorandum, legal memorandum)

30
Q

appellate briefs

A

a document that a party files with an appellate court (and serves on an opponent) in which the party presents arguments on why the appellate court should affirm (approve), reverse, vacate (cancel), or otherwise modify what a lower court has done

31
Q

jailhouse lawyer

A

an inmate, usually a self-taught non-attorney, who has a limited right to provide other inmates with legal services if the institution does not provide adequate alternatives to such services (writ writer)

32
Q

litigious

A

1 - inclined to resolve disputes through litigation

2 - quarrelsome

33
Q

adversarial

A

involving conflict and an adversary (opponent)

34
Q

adversary system

A

a method of resolving a legal dispute whereby the parties (alone or through their advocates) argue their conflicting claims before a neutral (impartial) decision-maker

35
Q

Supremacy Clause

A

the clause in the US Constitution (article VI, clause 2) that has been interpreted to mean that when valid federal law conflicts with state law, federal law controls

36
Q

separation of powers

A

the constitutional requirement that each of the legislative, executive, and judicial branches of government limit itself to the powers granted to it and not encroach upon the powers granted to the other two branches

37
Q

usurp

A

to unlawfully exercise a position or power that belongs to another

38
Q

Administrative Procedure Act (APA)

A

the statute that governs procedures before federal administrative agencies; many states have their own version of the APA for procedures before state administrative agencies

39
Q

patent agency

A

a non-attorney licensed to prepare and submit patent applications before the US Patent and Trademark Office (if attorney - patent attorney)

40
Q

enrolled agent

A

a non-attorney who is licensed to represent taxpayers before the Internal Revenue Service (attorneys and certified public accountants can provide such representation with becoming enrolled agents)

41
Q

Administrative Law Judge (ALJ)

A

a government officer who presides over a hearing at an administrative agency, also called a Hearing Examiner (most, but not all, ALJs are attorneys)

42
Q

page 52 debate

A

a debate on whether there should be limited licensing for paralegals (based on a recommendation in favor of such licensing on page 52 of a report of an American Bar Association commission)

43
Q

Juris Doctor (J.D.)

A

the law degree most American law school grants its graduates (Doctor of Jurisprudence)

44
Q

justice gap

A

the large numbers of people who do not have access to legal assistance, primarily because of the cost of such assistance

45
Q

Limited Practice Officer (LPO)

A

a non-attorney in WA who is authorized to select and prepared approved legal documents for designated property transactions

46
Q

Limited License Legal Technician (LLLT)

A

a non-attorney in WA who is authorized to engage in the limited practice of law (without attorney supervision) in approved areas of practice

47
Q

surety

A

one who is liable for paying another’s debt or performing another’s duty

48
Q

attorney-client privilege (ACP)

A

a client or a client’s attorney can refuse to disclose a confidential (private) communication between them if the purpose of the communication was to facilitate the provision of legal services to the client

49
Q

fiduciary

A

1 - (adj.) pertaining to the high standard of good faith and fair treatment that must be exercised on behalf of another
2 - (noun) a person who owes another good faith and fair treatment in protecting the other’s interest

50
Q

unbundled legal services

A

discrete task representation for which the client is charged per task as opposed to a single fee for all tasks to be performed

51
Q

e-filing

A

electronic filing in court of pleadings and other documents

52
Q

entry-level certifications

A

certification acquired by meeting eligibility requirements that do not include work experience

53
Q

Fair Labor Standards Act (FLSA)

A

the federal statute that regulates conditions of employment such as when overtime compensation must be paid

54
Q

exempt

A

not subject to a requirement (exemption)

55
Q

preempt

A

displace or take precedence over (preemption); under the Supremacy Clause of the US Constitution, federal laws take precedence over any inconsistent state laws when Congress a) expressly mandates the preemption, b) regulates an area so pervasively that an intent to preempt the entire field may be inferred, c) enacts a law that directly conflicts with state law

56
Q

personal liability

A

liability that can be satisfied out of wrongdoer’s personal as well as business assets

57
Q

tort

A

a civil war (other than a breach of contract) that causes injury or other loss for which our legal system deems it just to provide a remedy such as damages; injury or loss can be to the person (a personal tort), to movable property (personal-property tort), or to land and anything attached to the land (real-property tort)

58
Q

vicarious liability

A

liability imposed on a person for the conduct of another, based solely upon that status of the relationship between the two (e.g. employer and employee); the person liable is not the person whose conduct led to the liabilty

59
Q

negligent hiring

A

carelessly hiring an incompetent person who poses an unreasonable risk of harm to others

60
Q

negligent supervision

A

carelessly monitoring or supervising an incompetent person who poses an unreasonable risk of harm to others

61
Q

respondeat superior

A

“let the master (boss) answer”; an employer is responsible (liable) for the wrongs committed by an employee within the scope of employment

62
Q

scope of employment

A

that which is foreseeably done by an employee for the employer’s business under the employer’s specific or general control

63
Q

deep pocket

A

1 - an individual, a business, or another organization with resources to pay a potential judgment
2 - sufficient assets for this purpose (opposite is shallow pocket)

64
Q

negligence

A

the failure to use reasonable care that an ordinarily prudent person would have used in a similar situation, resulting in injury or other loss

65
Q

statute of limitations

A

a law stating that civil or criminal actions are barred if not brought within a specified period of time; the action is time-barred if not brought within that time

66
Q

process

A

the means (e.g. a summons, writ, or other court order) used by the court to acquire its power or jurisdiction over a person

67
Q

malicious prosecution

A

a tort with the following elements:
1 - the initiation (or procuring the initiation) of a civil or criminal legal proceeding;
2 - without probable cause;
3 - with malice or an improper purpose; and
4 - the proceedings terminate in favor of the person against whom the proceedings were brought

68
Q

abuse of process

A

a tort consisting of the following elements;
1 - the use of a civil or criminal proceeding;
2 - for a purpose for which the process is not designed;
3 - resulting in actual damage

69
Q

malpractice

A

1 - any professional misconduct such as an ethics violation, breach of fiduciary duty, crime, tort, or other wrongdoing
2 - negligence committed by a professional

70
Q

go bare

A

to engage in an occupation or professional without malpractice (liability) insurance

71
Q

occurrence policy

A

insurance that covers all occurrences (e.g. a negligent error or omission) during the period the policy is in effect, even if the claim is not actually filed until after the policy expires

72
Q

claims-made policy

A

insurance that covers only claims actually filed (i.e. made) during the period in which the policy is in effect

Introduction to Paralegalism (19 decks)

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