Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

legal terms > chapter 5 > Flashcards

chapter 5 Flashcards

1
Q

rules that embody standards of behavior to which members of an organization are expected to conform.

A

Ethics

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

(1) penalty or punishment imposed for unacceptable conduct (2) permission or approval

A

sanction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

A state bar association to which an attorney must belong in order to practice law in the state.

A

integrated bar association

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

the process by which individuals or institutions list their names on a roster kept by an agency of government or by a nongovernmental organization.

A

registration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

a partnership consisting of attorneys and nonlegal professionals that offers legal and nonlegal services

A

multidisciplinary practice (MDP)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

rules and guidelines covering ethical issues involving paralegals

A

paralegal code

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

using the knowledge and skill that are reasonably necessary to represent a particular client

A

competent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

a clinical program in which students work on real cases under attorney supervision.

A

clinical education

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

a law stating that civil or criminal actions are barred if not brought within a specified period of time.

A

statute of limitations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

causing delay, usually without merit or justification

A

dilatory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

a bar association list of the lowest fees an attorney can charge for specific kinds of legal service

A

minimum fee schedule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

a fee that is paid only if the case is successfully resolved by litigation or settlement. Also referred to a contingency fees.

A

contingent fee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

a single client bill covering the fees of two or more attorneys who are not in the same firm. also called fee sharing.

A

fee splitting

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

a fee received by one attorney from another to whom the first attorney referred a client. also called a referral fee

A

forwarding fee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

a maximum amount or maximum percentage that can be charged as a fee in particular kinds of cases

A

fee cap

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

a fee that an attorney can collect for the nonclerical work of his or her paralegal on a client case.

A

paralegal fee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

a case applying a special statute that gives a judge authority to order the losing party to pay the winning partys attorney and paralegal fees.

A

statutory fee case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

grouping multiple tasks under a single time charge rather than describing each task separately and assigning the actual time associated with each task.

A

block billing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

existing or occuring in the same period of time: pertaining to records that are prepared on events as they are occurring or shortly thereafter.

A

contemporaneous

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

fraudulently charging a client twice for the same service

A

double billing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

adding something without justification; adding unnecessary material in order to make something larger.

A

padding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

inflating a clients bill by charging for time that was not spent

A

time padding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

inflating a clients bill by charging for tasks that were not needed.

A

task padding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

a minimum number of hours expected from a timekeeper on client matters that can be charged to clients per week, month, year or other time period

A

billable hours quota

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

an employee who can quit or be terminated at any time for any reason; an employee who has no union or other contract protection.

A

at will employee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

a fund (often run by a bar association or foundation) used to compensate victims of designated kinds of attorney misconduct

A

client security fund

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

a clause stating that you saw (witnessed)someone sign a document or perform other tasks related to the validity of the document.

A

attestation clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

improperly using material, nonpublic information to trade in the shares of a company.

A

insider conflict

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

software that has been placed (loaded)in a computer that is not authorized by the terms of the purchase or lease of the software.

A

pirated software

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

a tort with the following elements (1) to initiate or procure the initiation of civil or criminal legal proceedings (2)without probable cause (3) with malice or an improper purpose (4)the proceedings terminate in favor of the person against whom the proceedings were brought

A

malicious prosecution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

a tort consisting of (1) the use of a criminal or civil process (2)for a purpose for which the process is not designed (3)resulting in actual damage

A

abuse of process

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

intentionally destroying, altering or concealing evidence

A

spoliation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

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

A

adversary system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

a position taken of behalf of a client that the attorney cannot support by a good faith argument based on existing law or on the need for a change in existing law.

A

frivolous position

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

one whose duty is to act in the interests of another with a high standard of care. Someone in whom another has a right to place great trust and to expect great loyalty.

A

fiduciary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

a bank account controlled by an attorney that contains client funds that may not be used for office operating expenses or for any personal purposes of the attorney

A

client trust account

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

mixing what should be kept separate, e.g.,depositing client funds in a single account with general law firm funds or with an attorneys personal funds.

A

commingling

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q
  1. An amount of money or other property paid by a client as a deposit or advance against future fees, costs and expenses of providing services.
  2. the act of hiring or engaging the services of someone, usually professional.
A

Retainer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

a formal notification to a court by an attorney that he or she is representing a party in litigation.

A

notice of appearance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

to correct or overcome; to remove a legal defect or error.

A

cure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

a letter sent to a client formally notifying him or her that the law office will no longer be representing the client.

A

letter of disengagement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

a letter sent to a prospective client that explicitly says that the law office will not be representing him or her.

A

letter of nonengagement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

that which should not be revealed; pertaining to information that others do not have a right to receive

A

confidential

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

protected by a privilege, e.g.,does not have to be disclosed.

A

privileged

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

(1)to waive a right; to agree. (2)voluntary agreement or permission, express or implied.

A

consent

46
Q

a client and an attorney can refuse to disclose any communication made between them if the purpose of the communication was to facilitate the provision of legal services for the client.

A

attorney-client privilege

47
Q

pertaining to information or other materials an opponent can obtain through deposition, interrogatories, or other discovery devises.

A

discoverable

48
Q

notes, working papers, memoranda, or similar documents and tangible things prepared by or for an attorney in anticipation of litigation are not disposable by an opponent, absent a showing of substantial need.

A

work-product rule

49
Q

the express or implied relinquishment of a right or privilege. Examples of an implied relinquishment include failing to claim it at the proper time or acting in a manner that is inconsistent with its existence.

A

waiver

50
Q

data about data. Data about a computer document that are hidden within the document itself, e.g, earlier versions of the document

A

metadata

51
Q

converted into a code that renders it incomprehensible until it is reconverted to a readable format by an authorized recipient.

A

encrypted

52
Q

to edit or prepare a document for publication or release, often by deleting, altering, or blocking out text that you do not want enclosed.

A

redact

53
Q

divided loyalty that actually or potentially harms someone who is owed undivided loyality

A

conflict of interest

54
Q

prejudice for or against something or someone. An inclination or tendency to think and to act in a certain way. A danger of prejudgement.

A

bias

55
Q

not working for one side or the other in a controversy; not deriving benefit if one side of a dispute wins or loses; objective.

A

disinterested

56
Q

representing more than one side in a legal matter or controversy.

A

multiple representation

57
Q

opposing purposes or claims

A

adverse interests

58
Q

agreement to let something happen after obtaining a reasonable explanation of the benefits and risks involved.

A

informed consent

59
Q

the obligation to protect the interests of a client without having a similar obligation to anyone else that would present an actual or potential conflict.

A

duty of loyality

60
Q

all attorneys in the same firm are ineligible to represent a client because one of the attorneys or other employees in the firm has a conflict of interest with that client.

A

Imputed disqualification

61
Q

having or causing a conflict of interest

A

tainted

62
Q

a paralegal who brings a conflict of interest to a law office because of the paralegals prior work at another law office.

A

tainted paralegal

63
Q

steps taken to prevent a tainted employee from having any contact with the case of a particular client in the office because the employee created a conflict of interest between that client and the office; a tainted employee shielded by a Chinese Wall becomes a quarantined employee.

A

Chinese wall

64
Q

Isolated; kept away from information that would disqualify the firm.

A

quarantined

65
Q

An inference of fact that can be overcome by sufficient contrary evidence

A

rebuttable presumption

66
Q

a confidential list of every client and matter you worked on in any law office from the beginning of your legal career to the present time that can be used to help determine whether any of your future work might create a conflict of interest.

A

career client list

67
Q

a determination of whether a conflict of interest exists that might disqualify a law firm from representing a client or from continuing the representation.

A

conflicts check

68
Q

a law firm employee, often a paralegal, who helps the firm determine whether a conflict of interest exists between prospective clients and current or former clients.

A

conflicts specialist

69
Q

an attorney, paralegal, or other employee who has been hired from another law firm

A

lateral hire

70
Q

an advocate should not contact an opposing party without permission of the latters attorney; if the party is unrepresented, the advocate must not convey the impression that the advocate is disinterested.

A

anticontact rule

71
Q

taking unfair advantage of anothers naiveté or other vulnerability, especially by deceptive means

A

overreaching

72
Q

communication with the court in the absence of the attorney for the other side

A

ex parte communication

73
Q

relating to money. a pecuniary interest is a financial interest

A

pecuniary

74
Q
  1. an appeal or request for clients or business. 2

2. An attempt to obtain something by persuasion or application.

A

solicitation

75
Q

approaching accident victims to encourage them to hire a particular attorney.

A

ambulance chasing

76
Q

occuring now; happening as you are watching; able to respond immediately.

A

real time

77
Q

the crime of stirring up quarrels or litigation; persistenly instigating lawsuits, often groundless ones. the illegal solicitation of clients.

A

barratry

78
Q
  1. one who solicits business, especially accident cases. 2. an employee who delivers and files papers.
A

Runner

79
Q

calling the attention of the public to a service or product for sale

A

advertising

80
Q

personal injury

A

PI

81
Q

the rule in the ABA model rules of professional conduct governing the responsibility of different categories of attorneys for the misconduct of paralegals and other non attorney assistants in a law firm.

A

Model Rule 5.3

82
Q
  1. to adopt or confirm a prior act or transaction, making one bound by it. 2. to give formal approval
A

ratify

83
Q

a system designed to provide reminders of important dates

A

Tickler

84
Q

to reduce or minimize the severity of impact. To render less painful

A

mitigate

85
Q

using legal skills to assist a specific person in resolving his or her specific legal problem.

A

practice of law

86
Q

the application of laws and legal principles to the facts of a particular persons legal problem

A

legal advice

87
Q

the meeting in which a transaction is finalized. also called settlement.

A

closing

88
Q

a method of discovery by which parties and their prospective witnesses are questioned outside the courtroom before a trial. A pre-trial question or answer session to help parties prepare for trial. The person being questioned is the deponent

A

deposition

89
Q

ask questions of a witness in a deposition

A

depose

90
Q

a seat at the counsels table in the courtroom used by an assistance to the trial attorney during the trial.

A

second chair

91
Q

a word for word account. a written copy of oral testimony

A

transcript

92
Q

a command to appear at a certain time and place

A

subpoena

93
Q

to use Shepards citations to obtain validation and other data on whatever you are shepardizing

A

shepardize

94
Q

Guarantees the freedom of religion, speech and the press and the right to assemble peacefully and to petition the government

A

First Amendment

95
Q

Prohibits in peacetime the lodging of soldiers in any house without the owners consent

A

The Third Amendment

96
Q

Guarantees the right to keep and bear arms.

A

The Second Amendment

97
Q

Prohibits unreasonable searches and seizures of persons or property

A

The Fourth Amendment

98
Q

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 (ex. real property)

A

Specific Performance

99
Q

With respects to lawsuits, the plaintiff or the defendant. Some cases involve multiple parties (more than one plaintiff or defendant).

A

Party

100
Q

A court decree ordering a person to do or refrain from doing a certain act.

A

Injunction

101
Q

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.

A

Administrative law judge

102
Q

Guarantees the rights to indictment by grand jury and to due process of law and prohibits compulsory self incrimination and double jeopardy.
Also prohibits the taking of private property for public use without just compensation.

A

The fifth Amendment

103
Q

Guarantees the accused in a civil case the right to a speedy and public trial by an impartial jury and the right to counsel. The accused has the right to cross examine witnesses against him or her and to solicit testimony from witnesses in his or her favor.

A

The sixth Amendment

104
Q

Prohibits excessive bail and fines as well as cruel and unusual punishment

A

The eighth amendment

105
Q

An order, rule or law enacted by a municipal or county government to govern a local matter not addressed by state of federal legislature.

A

ordinance

106
Q

An identification number assigned to a statute

A

Public Law Number

107
Q

A doctrine under which a federal law preempts, or takes precedence over, conflicting state and local laws.

A

Preemption

108
Q

A reference numner that indicated where a particular constitutional provision, statute, reported case or article can be found.

A

Citation

109
Q

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 winds based on an application of the law to the evidence presented.

A

Adversarial system of justice

110
Q

A statement by the court setting forth the applicable law and the reasons for its decision in a case.

A

opinion

legal terms (14 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions