Book 1 Glossary Flashcards
learn these definitions thoroughly
abstract
a summary or abridgement
abuse of process
a tort consisting of the following elements (1) the use of civil or criminal proceedings, (2) for a purpose for which the process is not designed, (3) resulting in actual damage
a/c
accounts recievable; A list of who owes money to the office, how much, how long the debt has been due, etc.
accreditation
a form of acknowledgement (other than certification, registration, or licensing) that a school or training program meets specified standards
acquit
to declare that the accused is innocent of the crime
act
see statute
active voice
the grammatical verb form in which the subject or thing performing or causing the action is the main focus
ad damnum clause
a clause stating the damages claimed
add-on question
a question that is added to the end of another related question, both stated in one sentence. Also called the double-barreled question
adjourn
to halt the proceedings temporarily
adjudicate
to resolve or decide by judicial process; to judge
ad litem
for the purposes of this litigation
administrative agency
a governmental body, other than a court or legislature, that carries out (i.e. administers or executes) the statutes of the legistlature, the executive orders of the chief executive, and its own regulations
administrative code
a collection of administrative regulations organized by subject matter rather than chronologically or by date
administrative decision
an administrative agency’s resolution of a controversy (following a hearing) involving the application of the regulations, statutes, or executive orders that fovern the agency. Sometimes called ruling, administrative ruling
administrative hearing
a proceeding at an administrative agency presided over by a hearing officer (e.g., an administrative-law judge) to resolve a controversy involving the application of the regulations, statutes, or executive orders that govern the agency
administrative-law judge (ALJ)
a government officer who presides over a hearing at an administrative agency
Administrative Procedure Act (APA)
The statute that governs procedures before federal administrative agencies. Many states have their own version of the APA for procedures before the state administrative agencies
administrative regulation
a law written by an administrative agency designed to explain or carry out the statues, executive orders, or other regulations that govern the agency. Also called administrative rule
admiralty law
an area of the law that covers accidents and injuries on navigable waters. Also called maritime law
admissable
allowed into court to determine the truth or believability
admission
(1) an assertion of the truth of a fact (2) an official acknowledgement of someone’s right to practice law
admonition
a milder form of private reprimand. Also called private warning, private reproval.
advance sheet
a pamphlet that comes out before (in advance of) a later volume
adversarial
involving conflict and an adversary
adversary system
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
adverse
(1) opposed (2) hostile (3) having an opposing position (4) harmful, unfavorable
adverse interest
a goal or claim of one person that is different from or opposed to the goal or claim of another person
adverse judgement
a judgement or decision against you
advisement
careful consideration. If a decision is taken under advisement, it is delayed until the judge has time to consider it later
advocacy
the process by which you attempt to influence the goals or behavior of others
affidavit
a written or printed statement of facts made under oath by a person (called the affiant) before someone with authority to administer the oath
affirm
to agree with or uphold the lower court’s judgement
affirmative defense
a defense raising facts or arguments that will defeat the opponent’s claim even if the opponent’s allegations in the claim are proven
aged accounts receivable (A/R) report
a report showing all cases that have outstanding balances due and how long these balances are past due
agent
(1) a person authorized to act for another; a representative (2) a power or force that produces an effect
aggrieved
injured or wronged and thereby entitled to a remedy
allegation
a claimed fact. A fact that a party will try to prove at trial
alphabetical filing system
a method of storing client files in alphabetical order by the surname or organization name of the client
alternate
an extra juror who will take the place of a regular juror if one is removed or becomes incapaciatated during the trial
alternate fee arrangement (AFA)
billing for serivces other than by standard hourly fees
alternative dispute resolution (ADR)
a method or procedure for resolving a legal dispute without litigating the dispute in a court or administrative agency
ambulance chasing
approaching accident victims (or anyone else who might have a legal problem or claim) to encourage them to hire a particular attorney. If the attorney uses someone else to do the soliciting, the latter is called a runner. If this other person uses deception or fruad in the solicitation, he or she is sometimes called a capper or a steerer
American Rule
each party pays his or her own attorney fees (and paralegal fees) regardless of who wins the case)
amicus curiae brief
(“friend of the court” brief) an appellate brief submitted by a nonparty who obtains court permission to file a brief presenting its views on how the case should be resolved
analogize
to determine whether something is sufficiently similar to justify a similar outcome or result
analogous
(1) sufficiently similar to justify a similar outcome or result. (2) sufficiently similar to lend support. (3) on point; germaine. Involving the same or similar issues; involving facts and rules that are similar to those now under consideration
analogy
a comparison of similarities and differences
annotate
to provide notes or commentary. A text is annotated if such notes and commentary are provided along with the text
annotated reporter
a set of books that contains the full text of court opinions plus notes or commentary on them called annotation
annotated statutory code
a collection of statutes organized by subject matter rather than by date, along with research regerences such as historical notes and summaries of court opinions (notes of decision) that have interpreted the statutes
annotation
(1) a note or commentary that summarizes or explains somehting. (2) a research paper in sets of volumes called American Law Reports (A.L.R)
answer
(1) the first pleading of the defendant in response to the plaintiff’s claims (2) to assume someone else’s liability
anticontact rule
an advocate must not contact an opposing party without perimssion of the latter’s attorney.
antitrust law
the law governing unlawful interferences with competition such as through price fixing, monopolies, and other restraints of trade
appeal by right
the appeal of a case than an appellate court must hear; it has no discretion on whether to take the appeal
appeal
a proceeding in which a higher tribunal reviews or reconsiders the decision of an inferior tribunal
appearance
formally coming before a tribunal as a party or as a representative of a party
appearance of impropriety
conduct that is unethical because it appears to violate ethical rules eeeven though in fact no violation has occurred
appellant
the party bringing an appeal because of disagreement with a decision of a lower tribunal
appellate brief
a document that a party files with an appellate court (and serves on an apponent) in which the party present arguments on why the appellate court shoulf affirm (approve), revers, vacate (cancel), or otherwise modify what a lower court has done
appellate jurisdiction
the power of a court to review and correct the decisions of a lower tribunal
appellee
the party against whom an appeal is brought. also called respondant
approval
a form of acknowledgement that a school of training program meets specified standards. The acknowledgement may be based on different standards than those used for accreditation
arbitration
a method of alternatice dispute resolution in which the parties aboid litigation by submitting their dispute to a neutral third person (the arbitrator) who renders a decision resolving the dispute
arraignment
a pretrial criminal proceeding in which the defendant is formally charged with a crime and enters a plea. Arrangements are then made for the next proceeding
arrest
taking someone into custody to bring him or her before the proper authorities, e.g. to answer a criminal charge
assigned counsel
an attorney (often in private practice) appointed by the court and paid by the government to represent and indigent person in a criminal or civil case. Attorneys who are government employees handling criminal cases might be called public defenders
associate
an attorney employee of a partnership who hopes to eventually be promoted to partnership
at common law
(1) referring to all the case law and statutory law in England and in the American colonies before the Revolution (2) Pertaining to judge-made law
attentive listening
affirmative, ongoing steps taken by an interviewer to let an interviewee know that you have heard what he or she just said and that you consider the meeting with him or her to be important
attestation clause
a clause stating that you saw (witnessed) someone sign a document or perform other tasks related to the validity of the document
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 association, the most common of which is that the paralegal performs paralegal duties
attorney-client privelege (ACP)
a client of a client’s attorney can refuse to discloose any confidential (private) communication between them if the purpose of the communication was to facilitate the provision of legal services to the client
attorney general
the chief attorney for the government
attorney in fact
one authorized to act in place of another, often in a business transaction
attorney lien
the right of an attorney to hold a client’s funds or property (retaining lien) or to keep a part of the funds coming to the client (a chargin lien) until the attorney’s fees and costs have been paid
attorney of record
the attorney noted in court files as the attorney representing a particular party
at-will employee
an employee who can be terminated for any reason that does not violate public policy. An employee with no union or other contractual protection
authentication
(1) the use of evidence that a writing or other physical item is genuine and that it is what it purports to be (2) an official process by which the text of a law is certified as being complete and unaltered since the original version was approved
award
(1) the decision of an arbitrator (2) a decision that grants damages
bad faith
dishonesty or abuse in one’s purpose or conduct
bail
(1) money or other property deposited with the court as security to ensure that the defendant will reappear at designated times. Failure to appear forfeits the security (2) release of the defendant upon posting this security
bailiff
a court employee who keeps order in the courtroom and renders general administrative assistance to the judge
bankruptcy petition preparer
a nonattorney who is authorized to charge fees for preparing (without an attorney’s supervision) a bankruptcy petition or any other bankruptcy document that a self-represented debtor will file in a federal court
bar
prevent or stop
barratry
the crime of stirring up quarrels or litigation. persistently instigating lawsuits, often groundless ones. The illegal solicitation of clients
Bates stamp
a tool with which to manually or digitall insert a number (usually sequential) on a page. After using the tool on a page, it automatically advances to the next number, ready to stamp the next page
battered woman syndrom
a woman’s psychological helplessness or paralysis because of conditions such as financial dependence, loneliness, guilt, shame, and fear of reprisal from her husband or significant other whoh has repeatedly subjected her to physical, sexual, and/or emotional abuse in the past
bench trial
a trial before a judge without a jury
beyond a reasonable doubt
the standard of proof that is met when there are no doubts about the evidence that would cause prudent persons to hesitate before acting in matters of importance to themselves
bias
(1) an inclination, tendency, or predisposition to think or act in a certain way (2) prejudice for or against something or someone (3) a danger of prejudgement
bicameral
having two chambers in the legislature
bill
a proposed statute
billable
pertaining to those tasks requiring time that can be charged to (and paid by) a client
billable hours quota
a minimum number of hours expected from a timekeeper on client matters that can be charged (billed) to clients per week, month, year, or other time period
black letter law
a statement of a fundamental or basic principle of law
blawg
an Internet journal or diary on a mainly legal topic
blended hourly rate
a single hourly rate based on a blend or miz of the rates normally charged by different individuals, e.g., a partner, a senior associate, a junior associate, and sometimes a paralega
blind ad
a want ad that does not give the name and address of the prospective employer. The contact is made through a third aprty, e.g., a newspaper or agency
block billing
grouping multiple tasks under a single time charge rather than describing each task separately and assigning the actual time associated with each task. The timekeeper enters the total time spent working on blocks of tasks without itemizing the time spent on specific tasks for the case.
board of appeals
the unit within an administrative agency to which a aprty can appeal a decision with the agency
boilerplate
standard language that is commonly used in a certain kind of document. standard verbiage
bona fides
good faith
bond
an obligation to perform an act (e.g., pay a sum of money) upon the occurrence of a designated condition
book
(1) to enter charges against someone in a police register. the process is called booking (2) to engage the services of someone
bound over
held or transferred for further court proceedings
boutique law firm
a law firm that specializes in one main area of the law
breach of contract
a casue of action seeking a court remedy (usually damages) for the alleged failure of a part to perform the term(s) of an enforceable contract
brief
(1) a summary of a court opinion that consists of ten parts: citation, parties, objectives of the parties, theories of the litigation, history of the litigation, facst, issues, holdings, reasoning, and disposition. also called case brief, brief of a case. (2) trial brief (3) appellate brief
brief bank
a collection of appellate briefs and related documents drafted in prior cases that might be adapted for current cases and used as models
budget performance report
a report that compares a firm’s actual income and expenditures with budgeted or projected income and expenditures
bundled legal services
all tasks needed to represent a client; all-inclusive legal services
burden of proof
the responsibility of proving a fact at trial
calendar call
the 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
