chapters 1-4 Flashcards
that which is forseable done by an employee for an employer under the latters specific or general control
scope of employment
insurance that covers only claims actually filed during the period in which the policy is in effect.
claims made policy
insurance that covers all occurences (Ex. a negligent error or omission) during the period the policy is in effect, even if the claim is not filed until after the policy expires
occurence policy
A tort consisting of
1) the use of a civil or criminal process
2) for a purpose for which the process is not designed
3) resulting in actual damage
abuse of process
- A summons, writ or court order eg. to appear in court
2. procedures or proceedings in an action or prosecution
process
a tort with the following elements
1. to encite or procure the initiation of civil or criminal proceedings
2. without probably cause
3. with malice or an improper purpose
4, the proceedings terminate in favor of the person against whom the proceedings were brought.
malicious prosecution
let the master (boss) answer. An employer is responsible (liable) for the wrongs committed by an employee within the scope of employment.
respondent superior
liability imposed on one party for the conduct of another, based solely of the relationship between the two (ex. employer/employee)
vicarious liability
displace or take precedence over. under the supremacy clause of the U.S. constitution federal law takes precedence over the state laws when congress 1. expressly mandates the pre-emption 2. regulates an area so pervasively that an attempt to preempt the entire field may be inferred. 3. enacts a law that directly conflicts with state law
preempt
the federal statute that regulated conditions of employment such as when overtime compensation must be paid
fair labor standards act (FLSA)
certification acquired by meeting eligibility requirements that do not include work experience
entry level certification
a non attorney in Washington state who has the authority to select and prepare approved legal documents for designated property transactions
limited practice officer (LPO)
a non attorney in California who is authorized to charge fees for providing assistance or advice without attorney supervision) to land lords or tenants to bring or defend actions for the possession of land.
unlawful detainer assistant (UDA)
a hearing officer who presides over a hearing at an administrative agency
Administrative Law Judge
a non attorney authorized to practice before the united states patent and trademark office
registered agent
the statute that governs procedures before federal administrative agencies
Administrative Procedure Act (APA)
with only one side present, involving one party only.
ex. a court order requested by one party and issued without notice to the other party.
ex parte
a method of resolving a legal dispute whereby the parties (alone or through advocated)argue their conflicting claims before a neutral decision maker
adversary system
guidelines that try to identify the activities of specified law related occupations that do not constitute the practice of law.
statement of principles
- A document that authorizes another to act as ones agent or attorney in fact
- the authority itself
power of attorney
one authorized to act in place of or for another, often in a business transaction
attorney in fact
to edit or prepare a document for publication or release, often by deleting, altering or blocking out text that you don’t want disclosed
redact
reasonable steps that are needed to conduct background and factual research or investigation
due diligence
an attorney (usually in private practice) appointed by the court to represent an indigent person in a civil or criminal case
assigned counsel
an attorney (usually a government employee) appointed by a court by the government to represent an indigent person in a criminal case.
public defender
the major civil service job classification for paralegals who work for the federal government and for some state governments.
paralegal specialist
the chief attorney in a corporate law department
general counsel
a law firm that generates its income from the fees of individual clients
private law firm
existing or occurring in the same period of time: pertaining to records that are prepared on events as the events are occurring or shortly thereafter.
contemporaneous
an independent contractor who
- sells their paralegal services to, and works under the supervision of one or more attorneys
- who sells their paralegal services directly to the public without attorney supervision
* In some states, the paralegal and legal assistant are limited to those who work under the supervision of an attorney.
Independent paralegal
governs procedures before federal administrative agencies
Administrative Procedure Act (APA)
a non profit educational organization established for the purpose of providing Advanced sprciality courses as well as directed study courses for distance learning delivery to legal professionals. Goal is to service the legal education marketplace through strategic alliances among educators, pubishers, content providers, associations, organizations and legal professionals.
Consortium for Advanced Legal Education (CALE)
a record documenting for billing purposes, the hours (or fractions of hours) that an attorney or paralegal worked for each client, the date on which the work was done, and the type of work done
time slip
a person who operates a business jointly with one or more persons, making each other a co-owner
partner
a corporation formed by licensed professionals such as lawyers or doctors. Liability of shareholders is often limited to the amount of their investments
professional corporation (P.C.)
Employees who provide clerical, secretarial, or other support to legal, paralegal and administrative staff of a law firm.
support personnel
hours or fractions of hours that attorneys and paralegals spend in work that requires legal expertise and that can be billed directly to clients
billable hours
a bank account in which one party holds funds belonging to another person: A bank account into which funds advanced to a law firm by a client are deposited. Also called an escrow account.
Trust Account
an advance payment made by a client to a law firm to cover part of the legal fees and/or costs that will be incurred on that clients behalf.
Retainer
A legal fee that consists of a specified percentage of the amount the plaintiff recovers in a civil lawsuit. The fee is only paid if the plaintiff wins the lawsuit.
contingency fee
a fee paid to the attorney by his or her client for having provided a specified legal service, such as the creating on a simple will.
fixed fee
a signed document stating that the attorney or the law firm has been hired by the client to provide certain legal services and that the client agrees to pay for those services
retainer agreement
a statute setting the maximum time period within which certain actions can be brought to court or rights enforced. No legal action can be brought after the time has passed.
statute of limitations
a firms handbook or written statement that specifies the policies and procedures that govern the firms employees and employer-employee relationships
employment manual
an attorney working for a law firm who is not a partner and does not have an ownership interest in the firm. May become a partner after several years.
associate attorney
a law student working as an apprentice with a law firm to gain practical experience
Law clerk
an association of two or more persons, to carry on as co-owners of a business for profit
partnership
the simplest form of business organization, in which the owner is the business. Done without creating a formal business entity.
sole proprietorship
billing more than one client for the same billable time period
double billing
a slip of paper on which any expense or cost that is incurred on behalf of a client is recorded.
expense slip
a paralegal acts as a “tweener” performing both clerical and attorney tasks
swoose syndrome
submission to or rejection of unwelcome sexual conduct is made an explicit or implicit basis for employment decisions such as promotion or other job related benefits
quid pro quo sexual harassment
does not want to “rock the boat”
non assertive person
establishing contacts with people who might become personnel or professional resources.
networking
can result from distractions and personality conflicts
miscommunication
a program that manages computer mailing lists automatically, including the receipt and distribution of messages to and from members of the list
listserv
pervasive unwelcome sexual conduct or sex based ridicule unreasonable interfering with an individuals job performance or creating an intimidating, hostile or offensive working environment, even if no tangible or economic consequences reselt
Hostile environment harassment
should be concrete and measurable
goals
the federal agency that investigates employment discrimination that violates federal law
Equal Employment Opportunity Commission (EEOC)
shows initiative
assertive person
cannot express dissatisfaction without depressing someone else
aggressive person
the process by which a non governmental organization grants recognition to a person who has bet qualifications set by that organization and it is a voluntary process: not having certification generally does not effect the right of a person to engage in a particular career
certification
a non attorney who is authorized (without attorney supervision) to charge fees for preparing bankruptcy documents that a debtor will file in federal court.
Bankruptcy Petition Preparer
signed statement by an attorney that a paralegal applying for membership in an association meets one or more of the criteria of the association
attorney attestation
involving the presence of an opponent
adversarial
a hearing officer who presides over a hearing at an administrative agency
administrative law judge
process by which an organization evaluates and recognizes an institution or a program of study as meeting specified qualifications or standards.
accreditation
training in the law (usually short term) that a person receives after completing his or her legal education
continuing legal education
Personal injury
PI
one who provides paralegal services for an attorney who represents clients in transactions such as entering contracts, incorporating a business, closing a real estate deal, or planning an estate.
transactional paralegal
conduct by a person who does not have a license to practice law or other authorization needed for that conduct
unauthorized practice of law
non clerical tasks that require legal experience or training. tasks that justify an award of paralegal fees.
substantive legal work
a fee that is paid only if the case is successfully resolved by litigation or settlement
contingent fee
a fee that an attorney can collect for the nonclerical work of their paralegal on a clients case
paralegal fee
the operating expenses of a business for which clients are not charged a separate fee
overhead
the winning party cannot recover legal expenses and costs of litigation from the losing party unless
- a statute authorizes such payment
- a contract between parties provides an arrangement
- the court finds that the losing party acted in bad faith in the litigation.
American Rule
the losing side in litigation must pay the winners attorneys fees and costs.
English Rule
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
statutory fee case
making profit from the income generating work of others
levering
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
billable hours quota
a general guideline used by some law firms to identify budget expectations from hiring paralegals:gross revenue generated through paralegal billing should equal three times the paralegals salary
Rule of Three
a geographic over which a particular court system or other government unit has authority
jurisdiction
a firm that specializes in one area of the law
boutique law firm
non military government employment, often obtained through merit and competitive exams
civil service
a person who is without funds to hire a private attorney, impoverished
indigent
pertaining to a private right or matter. non criminal, non military
civil
a program that helps fund legal services for the poor with funds that attorneys are required to turn over from interest earned in client trust accounts containing client funds
IOLTA
concerning or involving legal services that are provided for the public good without fee or compensation. Sometimes applied to services given at a discounted rate.
pro bono
a plan by which a person pays premiums to cover future legal expenses.
prepaid legal services
an independent contractor who sells his or her paralegal services to and works under the supervision of one or more attorneys
freelance paralegal
an administrative employee if a law firm who manages day to day operations of a firm. called office managers in small firms
legal administrator
an employee in a law firm who is responsible for overseeing the paralegal staff and paralegals professional development
legal assistant manager
one who purchases corporate stock, or shares, and who thus becomes an owner of the corporation
shareholder
a business organizational form designed for professionals who normally do business as partners in a partnership. Limits the personal liability of the partners
limited liability partnership
an attorney hired by a law firm as an employee. has no ownership rights, will not be invited to become a partner.
staff attorney
the partner in a law firm who makes decisions relating to the firms policies and procedures and who generally oversees the business operations of the firm.
managing partner
an individuals personal responsibility for debts or obligations
personal liability
offers virtual discussion groups related to numerous topics
yahoo groups
the office you are working in is experienced in working with paralegals
the ideal
two people reading and answering one anothers questions as they are asked online
real time
people trading what others want
effective office politics
the recognition that comes from accreditation, certification,licensure or registration: the ABA uses the word approval as a substitute for accreditation of paralegal education programs
approval
a paralegal who is an employee of an attorney
traditional paralegal
one who operates his or her own business and contracts to do work for others who do not control many of the administrative details of how the work is performed
independent contractor
the process of forcing one party to pay anothers attorney fees and costs in litigation
fee shifting
a method of calculating a reward of attorney fees authorized by statute. The number of reasonable hours spent on the case is multiplied by a reasonable hourly rate. Other factors included in determining the fee
- the quality of representation
- any delay in receiving payment
- the risk at the outset of litigation that the attorney will receive no fee
lodestar
the hourly rate that a law office actually collects from the billable hours submitted by an attorney or paralegal
realization rate
litigation brought to try to create a new legal principle or right.
test case
an organization that serves a particular group or cause
special interest group
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)
counterclaim
a system that allows employees some control over aspects of their work schedule such as the time they arrive at and leave work during the day.
Flextime
work in progress. a list of tasks on which you are currently working
WIP
an employment agency that places temp workers, often directly paying the workers and handling all the financial aspects of the placement.
staffing agency
using legal skills to assist a specific person in resolving his or her specific legal problem.
practice of law
appearing for or representing oneself
pro se
unchallenged, without opposition
uncontested
the clause in the US constitution (Art vi cl 2) that has been interpreted to mean that when valid, federal law conflicts with state law, federal law controls.
supremacy clause
an attorney or nonattorney who is authorized to represent taxpayers before the internal revenue service.
enrolled agent
a professional copyist, a document preparer
scrivener
the certification credential bestowed by NALS
PP
- an individual or business, or another organization with resources to pay a potential judgment
- sufficient assets for this purpose
deep pocket
a civil wrong (other that a breech of contract) that causes injury or other damages for which our legal system deems it just to provide a remedy such as compensation.
tort
to engage in an occupation or profession without malpractice insurance.
go bare
professional misconduct or wrongdoing such as an ethical violation, crime negligence, battery or tort
malpractice
harm caused by the failure to use reasonable care
negligence
the certification bestowed by the NFPA
RP/PACE
the certification credential bestowed by the NALA
CLA/CP
a debate whether there should be limited licensing for paralegals on page 52 of a report of an American Bar Association commission
page 52 debate
a non attorney in California who is authorized to charge fees for providing self help service to anyone representing him or herself in a legal matter
Legal Document Assistant
an incarcerated paralegal, usually self taught, who has a limited right to provide other inmates with legal services if the institution does not provide adequate alternatives to such services
jailhouse lawyer
the adjournment of postponement of a proceeding until a later date
continuance
interview whose primary purpose is to gain a better understanding of an area of law or a kind of employment
informational interview
the interaction among coworkers who do not always have the same goals, expectations,abilities or timetables for performing the work of the office.
office politics
a system designed to provide reminders of important dates
tickler
a classified ad that does not give the name and address of the prospective employer
blind ad
a service that lists available jobs sometimes only available to members of an organization
job bank
paying an outside company or service to perform tasks usually performed by ones own employees
outsourcing
