Final Exam Review

Question 1

Judge

Answer 1

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.

Question 2

Clerk Magistrate

Answer 2

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.

Question 3

Probation Court

Answer 3

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.

Question 4

Eggshell plaintiff

Answer 4

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.

Question 5

Discovery

Answer 5

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

Question 6

Agent

Answer 6

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

Question 7

Principal

Answer 7

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

Question 8

Vicarious liability

Answer 8

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

Question 9

Defenses for vicarious liability

Answer 9

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

Question 10

Express authority, as it relates to an agent

Answer 10

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

Question 11

Implied authority, as it relates to an agent

Answer 11

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

Question 12

Case law

Answer 12

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

Question 13

Statutory law

Answer 13

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

Question 14

Conflict between state and federal law

Answer 14

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

Question 15

Negligence

Answer 15

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

Question 16

IOLTA

Answer 16

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

Question 17

Conflict check

Answer 17

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

Question 18

Ethical wall

Answer 18

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

Question 19

Conflict of interest

Answer 19

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

Question 20

Perjury

Answer 20

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

Question 21

Suborning perjury

Answer 21

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

Question 22

Capacity

Answer 22

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

Question 23

Mens rea

Answer 23

“intent”

Question 24

Actus Rea

Answer 24

“act”

Question 25

Conflict check

Answer 25

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

Question 26

Threat of criminal action in civil case

Answer 26

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

Question 27

Bench trial

Answer 27

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

Question 28

Jury trial

Answer 28

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

Question 29

Sua sponte

Answer 29

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

Question 30

Pleading

Answer 30

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

Question 31

In-house counsel

Answer 31

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

Question 32

Guardian ad litem

Answer 32

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

Question 33

Fiduciary

Answer 33

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

Question 34

Signature

Answer 34

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

Question 35

Jurisdiction

Answer 35

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

Question 36

Venue

Answer 36

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

Question 37

Structure of federal court system

Answer 37

District, Circuit, and US Supreme Court

Question 38

Structure of Massachusetts court system

Answer 38

District, Superior, Appeal, Supreme Judicial Court

Question 39

Testator

Answer 39

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

Question 40

Pretermitted heir

Answer 40

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.

Question 41

Intestacy statute

Answer 41

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

Question 42

Judge

Answer 42

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

Question 43

Probation

Answer 43

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

Question 44

Clerk Magistrate

Answer 44

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

Question 45

Service

Answer 45

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

Question 46

Exculpatory evidence

Answer 46

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

Question 47

Three-part analysis of a potential tort case

Answer 47

Duty, Breach, Damages

Question 48

Duty of notary public

Answer 48

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