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Paralegal > Def > Flashcards

Def Flashcards

1
Q

Legal assistant

A

A person who assists a supervising attorney in the delivery of substantive and procedural legal services based on specialized training education and experience synonymous with paralegal

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2
Q

paralegal

A

A person who assists a supervising attorney in the delivery of substantive and procedural legal services based on specialized training, education, and experience; synonymous with legal assistant

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3
Q

Jurisprudence

A

A system or body of law, including statutes, case law, and common law

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4
Q

Statutes

A

Written laws enacted by a legislative body

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5
Q

Case Citation

A

The standardized description of a legal case, which provides information on where to locate the decision, when it was decided, and possibly the court issuing the decision

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6
Q

Reporter

A

The published reports, either official or third-party, of legal decisions rendered by the courts and administrative bodies

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7
Q

Parallel Citation

A

Citation to a case in a reporter that isn’t the official reporter for the court issuing the decision

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8
Q

Attorney’s Fees

A

The fees charged by attorneys in representing clients, including fees for paralegals and law clerks

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9
Q

Law Clerk

A

A law student who has yet to graduate from law school or a recent law school graduate who hasn’t yet passed the bar exam

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10
Q

Action

A

A lawsuit, which may be civil or criminal

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11
Q

Brief

A

A written statement by a party to a lawsuit that’s submitted to the court to persuade the court that the party’s position is correct under the law

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12
Q

Burden of Proof

A

Proving a fact in dispute in a lawsuit, or establishing the truth of the matter

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13
Q

Cause of Action

A

The facts and circumstances that give a person the right to bring a lawsuit

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14
Q

Deposition

A

The recording under oath of a witness’s statement that’s performed outside of court during the discovery process

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15
Q

Discovery

A

The gathering of information from the parties and others prior to trial to investigate the facts of a lawsuit

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16
Q

Interrogatories

A

Written questions, answered under oath, from one party to another during discovery to obtain information about the facts of a lawsuit

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17
Q

Litigation

A

A lawsuit or other legal action, or the area of law regarding trial work

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18
Q

Party

A

One of the sides in a lawsuit

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19
Q

Pleadings

A

Formal statements by the parties in a lawsuit that set forth their claims and defenses

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20
Q

Trial Notebook

A

A book, either on paper or in digital form, that includes important dates, documents, discovery details, witnesses, and a trial strategy to assist the attorney in preparation for a particular case

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21
Q

Freelance Paralegal

A

A paralegal who doesn’t work for a single attorney or law firm and provides paralegal services for multiple attorneys or corporate legal departments

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22
Q

Interview

A

The gathering of information by speaking with parties or witnesses involved in a lawsuit

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23
Q

Allegation

A

An accusation stated as true made in the pleadings of a lawsuit

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24
Q

Motion

A

A written or oral application made to the court for an order that something be done in favor of the applicant

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25
Plaintiff
Person who files the lawsuit seeking relief or damages
26
Applicant
A party filing a motion to the court
27
Defendant
Person the lawsuit is filed against
28
Drafting
The preparation of written legal documents
29
Summarize
A review of documents and deposition transcripts to recognize and deduce facts and thus form a trial strategy
30
Securities
Stocks, bonds, and other investment instruments
31
Direct Examination
The questioning of a witness in court or deposition by the party calling the witness
31
Examination
The questioning of witnesses in court or deposition
32
Cross Examination
The questioning of a witness in court or deposition by the party not calling the witness
33
Law Library
A library, either composed in of books or digital information, that consists of court decisions, statutes, regulations, and other legal materials used by a lawyer or law firm
34
Rules of Court
The official, published administrative rules and regulations set out by a court system that must be followed during litigation
35
Statute of Limitations
A law stating the time frame in which a lawsuit must be filed after the cause of action occurs
36
Attorney-Client Privilege
A legal privilege that protects the confidentiality of all communications between an attorney and his or her client
37
Attorney Work Product Doctrine
A legal doctrine that protects from disclosure during discovery any documents prepared by an attorney or his or her staff in the representation of a client
38
Legal Research
Research on specific legal topics or facts in laws and case law to determine the legal strategy for a case
39
Case Law
The opinions handed down by courts interpreting specific laws and facts in litigation
40
Ex Post Facto Law
A law that provides criminal responsibility for an act that wasn't a crime at the time the act was committed
41
Dissolution
The breakup or ending of a legal relationship, such as a marriage or corporation
42
Restraining Order
An order issued by a court that prevents a party from doing some specific action(s)
43
Criminal Law
The area of law dealing with the prosecution and defense of persons charged with crimes
44
Civil Law
The area of law dealing with the prosecution and defense of civil actions
45
Family Law
An area of civil law that deals with divorce, adoptions, and guardianships
46
Practice of Law
The rendering of legal advice to a client by an attorney
47
Corporate Paralegal
A paralegal who works for a business in its internal legal department, assisting company lawyers
48
Criminal Paralegal
A paralegal who works in the criminal justice system for defense attorneys or prosecutors
49
Unauthorized Practice of Law
The practice of law by a person not authorized or licensed in the jurisdiction
50
Jurisdiction
The location of the court and the area covered to judge cases filed with it
51
Diligence
Attention to detail and the careful performance of a task
52
Expert
A person with special training, education, and knowledge who can provide an opinion based on a review of facts in a case
53
Perjury
The providing of false statements under oath
54
Conflict of Interest
When a legal professional representing a party has confidential or privileged information about the other party involved in the case
55
Waiver
The agreement by a client to allow a legal professional with a conflict to work on the case after all facts about the conflict have been disclosed
56
Due Diligence
The exercise of diligence and zealous representation of a client by an attorney
57
Adversarial System
The system used in United States courts in which parties oppose each other in court to obtain a favorable outcome based on the law
58
Sanctions
Penalties assessed by the court for a violation of some rule, law, or procedure
59
Probable Cause
A reasonable basis for the belief that something has more likely than not occurred
60
Gamesmanship
The making of misleading or false representations to a court
61
Spoilation of Evidence
The intentional or negligent destruction or alteration of evidence in a court proceeding
62
NALA
National Association of Legal Assistants
63
Evidence
Documents, testimony, or other tangible items used in a court proceeding to prove the truth or a fact
64
NFPA
National Federation of Paralegal Associations
65
ABA
American Bar Association
66
Notary Public
A person authorized by state law to witness the signing of documents, identify the signors, administer oaths, and take acknowledgements
67
Notary Seal
A seal or stamp used by a notary public to authenticate a document
68
Reversed Case
A case that has been overturned on appeal and is no longer valid case law
69
Depublished Case
A case that has been removed from a court's official reporter and isn't to be cited as precedent
70
Precedent
A case which, based on similar facts and circumstances, applies the law to other cases and controls how a court will decide those cases

Paralegal (1 decks)

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