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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
Q

Plaintiff

A

Person who files the lawsuit seeking relief or damages

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26
Q

Applicant

A

A party filing a motion to the court

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27
Q

Defendant

A

Person the lawsuit is filed against

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28
Q

Drafting

A

The preparation of written legal documents

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29
Q

Summarize

A

A review of documents and deposition transcripts to recognize and deduce facts and thus form a trial strategy

30
Q

Securities

A

Stocks, bonds, and other investment instruments

31
Q

Direct Examination

A

The questioning of a witness in court or deposition by the party calling the witness

31
Q

Examination

A

The questioning of witnesses in court or deposition

32
Q

Cross Examination

A

The questioning of a witness in court or deposition by the party not calling the witness

33
Q

Law Library

A

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
Q

Rules of Court

A

The official, published administrative rules and regulations set out by a court system that must be followed during litigation

35
Q

Statute of Limitations

A

A law stating the time frame in which a lawsuit must be filed after the cause of action occurs

36
Q

Attorney-Client Privilege

A

A legal privilege that protects the confidentiality of all communications between an attorney and his or her client

37
Q

Attorney Work Product Doctrine

A

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
Q

Legal Research

A

Research on specific legal topics or facts in laws and case law to determine the legal strategy for a case

39
Q

Case Law

A

The opinions handed down by courts interpreting specific laws and facts in litigation

40
Q

Ex Post Facto Law

A

A law that provides criminal responsibility for an act that wasn’t a crime at the time the act was committed

41
Q

Dissolution

A

The breakup or ending of a legal relationship, such as a marriage or corporation

42
Q

Restraining Order

A

An order issued by a court that prevents a party from doing some specific action(s)

43
Q

Criminal Law

A

The area of law dealing with the prosecution and defense of persons charged with crimes

44
Q

Civil Law

A

The area of law dealing with the prosecution and defense of civil actions

45
Q

Family Law

A

An area of civil law that deals with divorce, adoptions, and guardianships

46
Q

Practice of Law

A

The rendering of legal advice to a client by an attorney

47
Q

Corporate Paralegal

A

A paralegal who works for a business in its internal legal department, assisting company lawyers

48
Q

Criminal Paralegal

A

A paralegal who works in the criminal justice system for defense attorneys or prosecutors

49
Q

Unauthorized Practice of Law

A

The practice of law by a person not authorized or licensed in the jurisdiction

50
Q

Jurisdiction

A

The location of the court and the area covered to judge cases filed with it

51
Q

Diligence

A

Attention to detail and the careful performance of a task

52
Q

Expert

A

A person with special training, education, and knowledge who can provide an opinion based on a review of facts in a case

53
Q

Perjury

A

The providing of false statements under oath

54
Q

Conflict of Interest

A

When a legal professional representing a party has confidential or privileged information about the other party involved in the case

55
Q

Waiver

A

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
Q

Due Diligence

A

The exercise of diligence and zealous representation of a client by an attorney

57
Q

Adversarial System

A

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
Q

Sanctions

A

Penalties assessed by the court for a violation of some rule, law, or procedure

59
Q

Probable Cause

A

A reasonable basis for the belief that something has more likely than not occurred

60
Q

Gamesmanship

A

The making of misleading or false representations to a court

61
Q

Spoilation of Evidence

A

The intentional or negligent destruction or alteration of evidence in a court proceeding

62
Q

NALA

A

National Association of Legal Assistants

63
Q

Evidence

A

Documents, testimony, or other tangible items used in a court proceeding to prove the truth or a fact

64
Q

NFPA

A

National Federation of Paralegal Associations

65
Q

ABA

A

American Bar Association

66
Q

Notary Public

A

A person authorized by state law to witness the signing of documents, identify the signors, administer oaths, and take acknowledgements

67
Q

Notary Seal

A

A seal or stamp used by a notary public to authenticate a document

68
Q

Reversed Case

A

A case that has been overturned on appeal and is no longer valid case law

69
Q

Depublished Case

A

A case that has been removed from a court’s official reporter and isn’t to be cited as precedent

70
Q

Precedent

A

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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