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Study Sets > Final Exam Review > Flashcards

Final Exam Review Flashcards

1
Q

Judge

A

The person in charge in a courtroom. They make sure everything is done fairly, decide on legal matters, and, in some cases, decide if someone is guilty or not.

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2
Q

Clerk Magistrate

A

An office worker in the court who keeps track of paperwork, schedules court events, gives out official documents and helps the judge and others with administrative tasks.

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3
Q

Probation Court

A

A special court that deals with people who are on probation (an alternative to going to jail). They make sure these individuals follow the rules, provide support to help them get back on track, and report their progress to the main court.

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4
Q

Eggshell plaintiff

A

A legal concept where a person is exceptionally fragile or susceptible to harm, and even a minor injury caused by negligence can result in full legal responsibility.

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5
Q

Discovery

A

The pre-trial phase in a lawsuit where both parties exchange information and evidence relevant to the case.

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6
Q

Agent

A

A person who acts on behalf of another (the principal) to carry out certain tasks or make decisions.

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7
Q

Principal

A

The person who authorizes an agent to act on their behalf.

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8
Q

Vicarious liability

A

Legal responsibility imposed on one person for the actions of another, typically an employer for the actions of an employee.

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9
Q

Defenses for vicarious liability

A

Detour or frolic; which refers to a major or minor deviation from the task at hand.

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10
Q

Express authority, as it relates to an agent

A

The specific and clearly stated authority given by the principal to the agent.

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11
Q

Implied authority, as it relates to an agent

A

Authority that is not explicitly granted but is reasonably necessary for the agent to carry out their responsibilities.

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12
Q

Case law

A

Laws developed through judicial decisions in individual court cases rather than through legislative statutes.

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13
Q

Statutory law

A

Laws created by legislative bodies (such as Congress or state legislatures).

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14
Q

Conflict between state and federal law

A

A situation where laws of a state and the federal government contradict each other, often requiring resolution by the courts.

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15
Q

Negligence

A

Failure to exercise the care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or property.

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16
Q

IOLTA

A

Interest on Lawyers Trust Accounts, an account that holds client’s money and the interest on these accounts goes to the BBO

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17
Q

Conflict check

A

A process in law firms to ensure that representing a new client won’t create a conflict of interest with existing clients.

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18
Q

Ethical wall

A

Procedures to isolate members of a law firm from each other to prevent conflicts of interest.

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19
Q

Conflict of interest

A

A situation in which a person or organization is involved in multiple interests, one of which could corrupt the motivation for an act.

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20
Q

Perjury

A

The act of deliberately providing false information while under oath during legal proceedings.

21
Q

Suborning perjury

A

The act of inducing or encouraging someone to commit perjury (to lie under oath).

22
Q

Capacity

A

The legal ability of a person to make a valid contract or to perform a specific act.

23
Q

Mens rea

A

“intent”

24
Q

Actus Rea

A

“act”

25
Q

Conflict check

A

A process in law firms to ensure that representing a new client won’t create a conflict of interest with existing clients.

26
Q

Threat of criminal action in civil case

A

A situation where criminal charges are used as leverage or a threat in a civil case to gain an advantage.

27
Q

Bench trial

A

A trial in which a judge hears the case and decides the verdict without a jury.

28
Q

Jury trial

A

A trial in which a group of citizens (the jury) listens to the evidence and decides the verdict.

29
Q

Sua sponte

A

referring to actions taken by a judge without a request from either party.

30
Q

Pleading

A

Formal written statements filed with the court outlining the facts and legal arguments in a case.

31
Q

In-house counsel

A

Lawyers who work directly for a corporation or organization rather than working in a law firm.

32
Q

Guardian ad litem

A

A person appointed by the court to represent the interests of a minor or legally incompetent person in legal proceedings.

33
Q

Fiduciary

A

A person or institution that acts on behalf of and in the best interests of another, typically involving trust and confidence.

34
Q

Signature

A

A person’s name or mark written by that person, indicating consent or approval.

35
Q

Jurisdiction

A

The authority of a court to hear and decide a case.

36
Q

Venue

A

The specific geographic location where a court with jurisdiction may hear a case.

37
Q

Structure of federal court system

A

District, Circuit, and US Supreme Court

38
Q

Structure of Massachusetts court system

A

District, Superior, Appeal, Supreme Judicial Court

39
Q

Testator

A

A person who has made a valid will, outlining how their property and assets should be distributed after their death.

40
Q

Pretermitted heir

A

A person who is not mentioned in the will of a deceased person, especially if they would have been an heir had the will not existed.

41
Q

Intestacy statute

A

Laws that determine how a person’s estate will be distributed if they die without a valid will (intestate

42
Q

Judge

A

Presides over the courtroom, makes legal decisions, and ensures fair proceedings.

43
Q

Probation

A

Oversee individuals on probation, manage cases, provide rehabilitation and support services.

44
Q

Clerk Magistrate

A

Administrative officer responsible for maintaining court records, managing the docket, and providing administrative support.

45
Q

Service

A

Providing legal documents to the defendant to notify them if legal actions and proceedings

46
Q

Exculpatory evidence

A

Evidence that tends to show a defendant’s innocence and is submitted by the Prosecution

47
Q

Three-part analysis of a potential tort case

A

Duty, Breach, Damages

48
Q

Duty of notary public

A

Notaries public are responsible for verifying the authenticity of signatures on legal documents, administering oaths, and preventing fraud

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