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Paralegal > CHAP4 Legal Terminology > Flashcards

CHAP4 Legal Terminology Flashcards

1
Q

Legal Terminology: The Civil Process

estate

A

All the property left by someone who has died.

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2
Q

Legal Terminology: The Civil Process

civil law

A

A violation of civil law does not directly harm the community; the person harmed sues the violator.

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3
Q

Legal Terminology: The Civil Process

court

A

The tribunal or forum where the trial occurs,, as wel! as the judge himself. The judge is the trier of law at the trial.

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4
Q

Legal Terminology: The Civil Process

liable

A

Legally responsible.

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5
Q

Legal Terminology: The Civil Process

damages

A

An amount of money paid to atone for injury or economic loss.

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6
Q

Legal Terminology: The Civil Process

doctrine

A

A legal concept generally accepted by most courts which, although often not law, offers guidance to the court. Legislatures will sometimes codify, or make into law, a popular doctrine.

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7
Q

Legal Terminology: The Civil Process

joint and several liability

A

When multiple defendants may be found liable as a group (jointly) or separately (several).

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8
Q

Legal Terminology: The Civil Process

retainer

A

Money paid to an attorney to secure her services; also refers to contract’between the attorney and the client. When an attorney has been “retained,” she works in a representative capacity on behalf of the client.

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9
Q

Legal Terminology: The Civil Process

appearance

A

When an attorney acts on behalf of a client in court. This action may be either a personal appearance in front of the judge or the filing of a document (such as a complaint or motion) with the court on behalf of the client.

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10
Q

Legal Terminology: The Civil Process

attorney-of-record

A

Once an attorney has entered an appearance, he or she is the attorney-of record in the case.

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11
Q

Legal Terminology: The Civil Process

venue

A

The place of trial; the physical location.

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12
Q

Legal Terminology: The Civil Process

diversity of citizenship

A

When federal court hears a case based upon the fact that the parties are from different states, and that the amount of money claimed, exceeds a minimum set by federal statute, which is currently $75,0’00’.

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13
Q

Legal Terminology: The Civil Process

plaintiff

A

The party who initiates the action by filing a complaint, claiming injury or harm.

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14
Q

Legal Terminology: The Civil Process

statute of limitations

A

The time limit for filing suit. Suits filed after the time limit has run out will be dismissed. The clock generally starts to tick at the time the damages occurred.

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15
Q

Legal Terminology: The Civil Process

summons

A

Document that informs the defendant that he is being sued and that he has a specific amount of time to respond.

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16
Q

Legal Terminology: The Civil Process

complaint

A

The pleading that initiates litigation. Filed by the plaintiff, the complaint contains the general allegations against the defendant. It is served with the summons. (See definition of “service” below.)

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17
Q

Legal Terminology: The Civil Process

parties

A

Individuals or groups involved in a legal action.

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18
Q

Legal Terminology: The Civil Process

cause of action

A

A legally valid reason to sue; one of the required elements of a complaint.

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19
Q

Legal Terminology: The Civil Process

information and belief

A

A common legal phrase that qualifies a statement as being a fact only to the best knowledge of the person making the statement. Equivalent to saying, “This is what I believe happened.”

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20
Q

Legal Terminology: The Civil Process

defendant

A

The party against whom a complaint is filed.

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21
Q

Legal Terminology: The Civil Process

ad damnum clause

A

Element of a complaint that asks for damages; also called “wherefore clause” or “prayer for relief.”

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22
Q

Legal Terminology: The Civil Process

co-defendants

A

Multiple defendants in a legal action.

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23
Q

Legal Terminology: The Civil Process

pleading

A

A document filed with the court asking the court to take some specific legal action. A”motion asks the court to rule on a procedural matter. A pleading states a party’s position in a legal action.

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24
Q

Legal Terminology: The Civil Process

allegation

A

A fact claimed by a party.

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25
Q

Legal Terminology: The Civil Process

jury trial

A

A jury is a group of citizens selected from the community to determine the outcome of a case. In most cases, either party has the right to demand a jury trial, but if both parties agree, the judge may act in place of the jury. This is most common in very technical cases, such as a complex contract situation

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26
Q

Legal Terminology: The Civil Process

filed

A

A document is filed when it is presented to the clerk of the court. All documents and any copies are date stamped by the clerk of the court at the time of filing.

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27
Q

Legal Terminology: The Civil Process

service or served

A

The presentation of legal papers.

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28
Q

Legal Terminology: The Civil Process

service of process

A

Process is the summons and complaint. Service of process is the delivery of the summons and complaint upon the defendant in a court action.

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29
Q

Legal Terminology: The Civil Process

personal service

A

Service of legal papers upon an individual. as opposed to a business or registered agent.

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30
Q

Legal Terminology: The Civil Process

affidavit

A

A written statement of fact sworn to under oath.

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31
Q

Legal Terminology: The Civil Process

affiant

A

One who signs an affidavit.

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32
Q

Legal Terminology: The Civil Process

attest

A

To swear.

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33
Q

Legal Terminology: The Civil Process

notary public

A

A person authorized to administer the oath and to verify that an individual signs a legal document.

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34
Q

Legal Terminology: The Civil Process

jurisdiction

A

Authority of a court to hear and decide a case.

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35
Q

Legal Terminology: The Civil Process

in personam jurisdiction

A

Jurisdiction over a person.

36
Q

Legal Terminology: The Civil Process

in rem jurisdiction

A

Jurisdiction over the controversy, often property.

37
Q

Legal Terminology: The Civil Process

quasi in rem jurisdiction

A

jurisdiction over property, even though the property is not the controversy.

38
Q

Legal Terminology: The Civil Process

lis pendens

A

Attachment to the title of a piece of property notifying any potential purchasers that the title is subject to the outcome of litigation.

39
Q

Legal Terminology: The Civil Process

lien

A

Attachment to the title of a piece of property preventing its sale until a previous financial obligation has been satisfied.

40
Q

Legal Terminology: The Civil Process

rules of court

A

Laws that govern the procedures of trials.

41
Q

Legal Terminology: The Civil Process

answer

A

The pleading filed by the defendant contained in the complaint

42
Q

Legal Terminology: The Civil Process

                 affirmative defense
A

An admission that a specific act did occur, arguing that the fault lies not with the defenant. Intended to eliminate or reduce a plaintiffs damages.

43
Q

Legal Terminology: The Civil Process

cross claim

A

A claim by one defendant against a co-defendant. One form of cross claim occurs when one original defendant sues another original defendant, but third-party complaints (see below) are also cross claims.

44
Q

Legal Terminology: The Civil Process

third-party complaint

A

Pleading where a defendant sues someone not yet a party to the action.

45
Q

Legal Terminology: The Civil Process

reply

A

This pleading is the plaintiff’s response to a defendant’s counterclaim.

46
Q

Legal Terminology: The Civil Process

default judgment

A

A judgment by the court in favor of the plaintiff, based on the fact that the defendant failed to respond in a timely fashion.

47
Q

Legal Terminology: The Civil Process

motion

A

A request that the court take a specific procedural step. Pleadings usually state specific legal positions about the matter before the court, while motions (such as a motion to extend time to respond) are procedural in nature, and act as a request for an order.

48
Q

Legal Terminology: The Civil Process

litigation

A

The process of asking a court of law to decide the outcome of a dispute; a lawsuit.

49
Q

Legal Terminology: The Civil Process

contest

A

To challenge.

50
Q

Legal Terminology: The Civil Process

discovery

A

The methods whereby one party obtains relevant information on a case from the other party. The method that attempts to even the playing field between parties by exposing all relevant facts upon which the court will ultimately base its decision. Discovery is between the parties and does not directly involve the court, although the Certificate of Mailing for each document is often filed.

51
Q

Legal Terminology: The Civil Process

discovery

The five common methods of discovery are:

A 
Interrogatories
request for admissions
request for production
request for mental or physical examination
depositions
52
Q

Legal Terminology: The Civil Process

discovery: Interrogatories

A

Written questions to the opposing party that must be answered under penalty of perjury.

Example: Describe the events leading to the accident.

53
Q

Legal Terminology: The Civil Process

discovery: Request for Production

A

A request that documents or other physical items be provided for inspection. Also referred to as a Request for Production or inspection of Documents or Property.

54
Q

Legal Terminology: The Civil Process

discovery: Request for Admissions

A

Written statements the opposing party must admit or deny under penalty of perjury. Failure to respond within a specified period of time (in most cases, 30 days) means that the statements are assumed to be admitted.

Example: Admit or deny you had been drinking alcohol shortly before the accident.

55
Q

Legal Terminology: The Civil Process

discovery:

A

Legal Terminology: The Civil Process

56
Q

Legal Terminology: The Civil Process

discovery:

A

Legal Terminology: The Civil Process

57
Q

Legal Terminology: The Civil Process

certificate of mailing or certificate of service

A

When a document is filed with the court or when discovery is sent to a party, a certificate of mailing is usually attached. This certificate attests that a true and correct copy of the document was sent to all parties involved in the litigation. The certificate should be signed by the person who places it in the mail, unless the state requires an attorney’s signature. This is often replaced with a Receipt of Copy (ROC).

58
Q

Legal Terminology: The Civil Process

order

A

An official command by the court, usually demanding that one or both of the parties perform an act.

59
Q

Legal Terminology: The Civil Process

hearing

A

A proceeding in court, where the Judge and both parties are present.

60
Q

Legal Terminology: The Civil Process

privilege

A

The right to refuse to testify or to prevent someone else from testifying.

61
Q

Legal Terminology: The Civil Process

ex parte hearing

A

A hearing at which only one party is present, such as a hearing on a motion for a restraining order. Ex parte hearings are not common.

62
Q

Legal Terminology: The Civil Process

third-party defendant

A

The party against whom the third-party complaint was filed The defendant in the original complaint becomes the “third-party plaintiff.”

63
Q

Legal Terminology: The Civil Process

motion to dismiss

A

Legal Terminology: The Civil Process

Asking the court to end a case without going to trial.

dismissal with prejudice - A case is dismissed and may not be brought again, because the court has made up its mind about the case.

dismissal without prejudice - A case is dismissed but may be filed again, because the court has not made up its mind about the matter (i.e., “dismissed without prejudice to re-file”).

64
Q

Legal Terminology: The Civil Process

trial brief

A

Legal Terminology: The Civil Process

Also called a trial memorandum or points and authorities, this document is filed with the court to argue a iegal issue, relying on law to support the party’s position. Often filed in support of a motion, it attempts to convince the reader and only argues points favorable to the client.

65
Q

Legal Terminology: The Civil Process

motion for summary judgment

A

A pretrial motion asking the court to determine the outcome of the case based on the pleadings and motions rather than going to trial with a jury.

The argument is that there are no material facts in dispute, only law, and since the jury is the trier-of-fact (as we will see later), there is no need for a jury or trial. A motion for summary judgment may also refer to a motion to limit the issues that will be dealt with at trial, referred to as a partial summary judgment. A successful partial summary judgment determines the outcome of some, but not all, of the issues before the court.

66
Q

Legal Terminology: The Civil Process

pretrial conference

A

A meeting between the court and the parties for clarification of procedural matters and to promote settlement.

67
Q

Legal Terminology: The Civil Process

magistrate

A

A judicial officer who may Preside over hearings, a magistrate does not have all the powers of a judge. He or she ordinarily deals with procedural matters.

68
Q

Legal Terminology: The Civil Process

stipulation

A

An agreement between counsel for the parties regarding a fact, issue, or point that will not be disputed at trial.

69
Q

Legal Terminology: The Civil Process

settlement agreement (settlement)

A

An agreement to end the litigation for an agreed-upon consideration, usually money.

70
Q

Legal Terminology: The Civil Process

at issue or in issue

A

A legal question to be answered by the court.

71
Q

Legal Terminology: The Civil Process

evidence

A

That which tends to establish or disprove a fact.

direct evidence: Evidence (from personal observation) that tends to establish a fact without the need for an inference. Example: A witness who sees a gun fired can give direct testimony as to a shooting.

circumstantial evidence: Evidence of one fact that requires an inference to establish another fact. Example: A witness who hears a shot, turns around and sees a man holding a gun can give circumstantial evidence as to a shooting.

oral evidence: Evidence given orally, also called testimonial evidence.

physical evidence: Evidence that can be touched, also called tangible or demonstrative evidence

72
Q

Legal Terminology: The Civil Process

admissible

A

The evidence that will be allowed to be considered by the jury. The jury will decide whether or not to believe the evidence.

73
Q

Legal Terminology: The Civil Process

docket

A

The court’s official calendar for trials and hearings to take place in that courtroom.

74
Q

Legal Terminology: The Civil Process

set for trial

A

To set a date for trial upon which the attorneys, parties, and court agree.

75
Q

Legal Terminology: The Civil Process

jury, jurors

A

A group of citizens who wil! be called upon to hear the evidence and render a verdict. The jury is the trier of fact.

76
Q

Legal Terminology: The Civil Process

A

Legal Terminology: The Civil Process

77
Q

Legal Terminology: The Civil Process

jury panel

A

The group from which a jury will be selected.

78
Q

Legal Terminology: The Civil Process

voirdire (for the jury)

A

To question prospective jurors.

challenge for cause: A method of dismissing a juror for good cause shown. Challenges for cause are unlimited in number.

peremptory challenge: A method of dismissing a juror for which no reason need be given. These challenges are limited in number, commonly three or six.

79
Q

Legal Terminology: The Civil Process

bailiff

A

Court employee who keeps order in the courtroom.

80
Q

Legal Terminology: The Civil Process

alternate juror

A

A person who sits to hear the entire case with the jury, but who will not deliberate or vote on a verdict unless one of the jurors is dismissed. Civil cases in many jurisdictions have no alternates. Instead, the parties and judge agree on the number of original jurors and on how many may be dismissed.

81
Q

Legal Terminology: The Civil Process

opening statement

A

Presentations made by the attorneys at the beginning of a trial, stating the facts they intend to prove during the trial.

82
Q

Legal Terminology: The Civil Process

burden of proof

A

The degree to which something must be proved at trial. The party making an allegation or claim generally bears the burden of proof.

83
Q

Legal Terminology: The Civil Process

preponderance of the evidence

A

The burden of proof in civil cases means that it is more likely than not that a fact is as a party alleges it to be. The burden of proof in criminal matters is beyond a reasonable doubt, a higher standard.

84
Q

Legal Terminology: The Civil Process

rule on witnesses

A

A rule that states that a witness in a case may not be in the courtroom during the testimony of other witnesses. Mostly used in criminal cases, it may be used in civil cases at the judge’s discretion.

85
Q

Legal Terminology: The Civil Process

subpoena

A

The document issued under authority of the court to compel the appearance of a witness.

Paralegal (14 decks)

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