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Paralegal > Legal Terminology > Flashcards

Legal Terminology Flashcards

1
Q

estate

A

All the property left by someone who has died

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2
Q

civil law

A

A violation of civil law does not directly harm the community: the person harmed sues the violator

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3
Q

court

A

The tribunal or forum where the trial occurs

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4
Q

liable

A

legally responsible

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5
Q

damages

A

An amount of money paid to atone for inury or economic loss

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6
Q

doctrine

A

A legal concept generally accepted by most courts which, although often not law, offers guidance to the court

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7
Q

joint and several liability

A

When multiple defendants may be found liable as a group (jointly) or separately (several)

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8
Q

retainer

A

Money paid to an attorney to secure her services

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9
Q

appearance

A

When an attorney acts on behalf of a client in court

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10
Q

attorney of record

A

Once an attorney has entered an appearnce, he or she is the attorney of record in this case

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11
Q

venue

A

the place of trial, physical location

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12
Q

diversity of citizenship

A

When a federal court hears a case based upon the fact that the parties are from different states, and the amount of money exceeds 75000

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13
Q

plaintiff

A

The party who intiates action by filing a complaint, claiming an injury or harm

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14
Q

statute of limitations

A

The time limit for filing suit.

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15
Q

summons

A

Document that informs the defendant that he is being sued

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16
Q

complaint

A

The pleading that initiates litigation, filed by the plaintiff

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17
Q

parties

A

Individuals or groups involved in a legal action

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18
Q

cause of action

A

A legally valid reason to sue; one of the required elements of a complaint

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19
Q

information and belief

A

A common legal phrase that qualifies a statement as being a fact only to the best knowledge of the person making the statement

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20
Q

defendant

A

The party against whom a complaint is filed

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21
Q

ad damnum clause

A

Element of a complaint that asks for damages; also called “wherefore clause”

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22
Q

co-defendants

A

Multiple defendants in a legal action

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23
Q

pleading

A

A document filed with the court asking the court to take some specific legal action

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24
Q

allegation

A

A fact claimed by a party

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25
Q

jury trial

A

A jury is a group of citizens selected from the community to determine the outcome of a case

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26
Q

filed

A

A document is filed when it is presented to the clerk of the court

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27
Q

service or served

A

The presentation of legal papers

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28
Q

service of process

A

Process is the summons and complaint. Service of process is the delivery of the summons and complaint upon the defendant

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29
Q

personal service

A

Service of legal papers upon an individual

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30
Q

process server

A

A person who is permitted by law to serve legal documents

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31
Q

affidavit

A

A written statement of fact sworn under oath

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32
Q

affiant

A

One who signs an affidavit

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33
Q

attest

A

to swear

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34
Q

notary public

A

A person authorized to adminster the oath and to verify than an individual signs a legal document

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35
Q

jurisdiction

A

authority of a court to hear and decide a case

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36
Q

in personam jurisdiction

A

jurisdiction over a person

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37
Q

in rem jurisdiction

A

jurisdiction over the controversy, often the property

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38
Q

quasi in rem jurisdiction

A

jurisdiction over property, even though the property is not the controversy

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39
Q

lis pendens

A

attachement to the title of a piece of property notifying any potential purchasers that the title is subject to the outcome of litigation

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40
Q

lien

A

attachment to the title of a piece of property preventing its sale until previous financial obligation has been satisfied

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41
Q

rules of court

A

laws that govern the procedure of trials

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42
Q

answer

A

the pleading filed by the defendant in response to the allegations of the complaint

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43
Q

affirmative defense

A

an admission that a specific act did occur, arguing that the fault lies not with the defendant

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44
Q

counterclaim

A

a claim by the defendant against the plaintiff, if the defendant alleges damages it becomes a counterclaim

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45
Q

cross claim

A

a claim by one defendant against a co-defendant

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46
Q

third-party complaint

A

pleading where a defendant sues someone not yet a party to the action

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47
Q

reply

A

this pleading is the plaintiff’s response to a defendants counterclaim

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48
Q

default judgment

A

a judgment by the court in favor of the plaintiff, based on the fact the defendant failed to respond in a timely fashion

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49
Q

motion

A

a request that the court take a specific procedural step

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50
Q

litigation

A

the process of asking a court of law to decide the outcome of a dispute; lawsuit

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51
Q

contest

A

to challenge

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52
Q

discovery

A

the method whereby one party obtains relevant information on a case from the other party, between the parties

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53
Q

interrogatories

A

written questions to the opposing party that must be answered under penalty of perjury

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54
Q

request for admissions

A

written statements the opposing party must admit or deny under penalty of perjury

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55
Q

request for production

A

a request that documents or other physical items be provided for inspection

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56
Q

request for mental or physical examination

A

request that the other party be subjected to mental or physical examination

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57
Q

depositions

A

oral questions that must be answered under oath

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58
Q

certificate of mailing

A

when a document is filed with the court or when discovery is sent to a party, a certificate of mailing is attached

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59
Q

order

A

an official command by the court, usually demanding that one or both the parties perform an act

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60
Q

hearing

A

a proceeding in court, where the judge and both parties are present

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61
Q

privilege

A

the right to refuse to testify or to prevent someone else from testifying

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62
Q

ex parte hearing

A

a hearing at which only one party is present, such as a hearing on a motion for a restraining order

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63
Q

third-party defendant

A

the party against whom the third-party complaint was filed

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64
Q

motion to dismiss

A

asking the court to end a case without going to trial

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65
Q

trial brief

A

also called a trial memorandum or points of authority, this document filed with the court to argue a legal issue, relying on law to support the partys position

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66
Q

motion for summary judgement

A

a pretrial motion asking the court to determine the outcome of the case based upon the pleadings and motions rather than going to trial with a jury

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67
Q

magistrate

A

a judicial officer who may preside over hearings, a magistrate does not have all the powers of a judge

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68
Q

pretrial conference

A

a meeting between the court and the parties for clarification on procedural matters and to promote settlement

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69
Q

stipulation

A

an agreement between counsel for the parties regarding a fact, issue, or point that will not be disputed at trial

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70
Q

settlement agreement

A

an agreement to end the litigation for an agreed-upon consideration, usually money

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71
Q

at issue or in issue

A

a legal question to be answered by the court

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72
Q

evidence

A

that which tends to establish or disprove a fact

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73
Q

direct evidence

A

evidence that tends to establish a fact without the need for interference

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74
Q

circumstantial evidence

A

evidence of one fact that requires an inference to establish another fact

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75
Q

oral evidence

A

evidence given orally, testimonial evidence

76
Q

physical evidence

A

evidence that can be touched, also tangible or demonstrative evidence

77
Q

admissible

A

the evidence that will be allowed to be considered by the jury

78
Q

docket

A

the courts official calendar for trials and hearing to take place in that courtroom

79
Q

set for trial

A

to set a date for trial upon which the attorneys , parties and court agree

80
Q

jury,

A

group of citizens, they are the tier of fact

81
Q

jury panel

A

the group from which a jury will be selected

82
Q

voir dire

A

to question prospective jurors

83
Q

challenge for cause

A

a method for dismissing a juror for good case shown

84
Q

peremptory challenge

A

a method of dismissing a juror for which no reason need be given

85
Q

bailiff

A

court employee who keeps order

86
Q

alternate juror

A

a person who sits to hear the entire case with the jury, but who will not deliberate or vote on a verdict

87
Q

opening statement

A

presentations made by the attorneys at the beginning of a trial, stating the facts

88
Q

burden of proof

A

the degree to which something must be proven at trial

89
Q

preponderance of the evidence

A

the burden of proof in civil cases means that it is more likely than not that a fact is as a party alleges it to be

90
Q

rule on witnesses

A

a rule that states a witness in a case may not be in the courtroom during the testimony of other witnesses

91
Q

subpoena

A

the document issued under authority of the court to compel appearance of a witness

92
Q

subpoena duces tecum

A

a document issued under authority of the court to compel appearance of a witness, ordering the witness to provide specific documents

93
Q

objection

A

a formal challenge by opposing counsel to evidence or questions asked of a witness

94
Q

bench conference

A

a discussion between the judge and attorneys

95
Q

prejudicial

A

the tendency to cause bias even where no bias has existed previously

96
Q

probative value

A

the value of pursuing an investigative or probing line of questioning

97
Q

preserving the record

A

an attorney making statements, or repeating a previously overruled motion, to protect any right to appeal at a later point

98
Q

sustain

A

to affirm an objection

99
Q

competency

A

legal capacity to testify

100
Q

examination

A

questions directed at a witness who is under oath in or court or deposition

101
Q

direct examination

A

questioning the witness first

102
Q

cross examination

A

after direct, the other party may cross-examine the witness, limited to topics brought up in direct

103
Q

redirect examination

A

the party conducting direct examination conducts the redirect to clarify matters brought up during cross

104
Q

recross examination

A

the party conducting cross examination conducts recross examination, but is limited to matters brought up during redirect

105
Q

proximate cause

A

the event or point at which a series of incidents begins ultimately resulting in an event with damages

106
Q

negligence

A

establishment of a duty, followed by a breach of that duty, resulting in damages

107
Q

excuse the jury

A

the judge instructs the jury to leave the courtroom temporarily

108
Q

grounds

A

reason or reasons

109
Q

relevant

A

tending to prove or disprove a fact or issue

110
Q

to strike from the record

A

to have certain testimony removed from the record of the trial

111
Q

clerk of court

A

the person or persons responsible for the court files and exhibits

112
Q

exhibit

A

a physical item presented to support an argument

113
Q

introduction of evidence

A

attorneys must “move” for a piece of evidence to be admitted into evidence

114
Q

resting a case

A

when a party is finished presenting evidence

115
Q

move

A

to present a motion to the court

116
Q

motion for directed verdict

A

the court is asked to decide the outcome of a case because the plaintiff has failed to establish a prima facie case

117
Q

adjourn

A

to halt temporarily

118
Q

prima facie case

A

a case that is sufficient on its face

119
Q

take under advisement

A

the court delays ruling on a motion so that the motion may be considered

120
Q

expert witnesses

A

a person who has been qualified by the court to have experience and knowledge in a specific area and who will be allowed to express opinions

121
Q

qualify

A

to establish a witnesses expertise in a specific area

122
Q

voir dire

A

to question a potential witness to determine his or her competency or the appropriateness of his or her testimony

123
Q

closing argument

A

each attorney addressing the jury or the court at the end of the trial

124
Q

jury instructions

A

guidelines to the jury about how the law is applied and the facts that may be considered during its deliberations

125
Q

deliberations

A

a jurys discussion of the case, following the trial, with the goal of rendering a verdict

126
Q

verdict

A

the final conclusion of the jury

127
Q

foreperson

A

the member elected by the jury to lead deliberations and speak for the jury

128
Q

motion for judgment NOV

A

notwithstanding verdict, a motion asking the court to disregard the jurys verdict and replace it with the courts own verdict

129
Q

judgment

A

the final conclusion of the court, the judge enters the verdict into judgment

130
Q

additur

A

when the judge adds to the amount a jury has awarded

131
Q

remittitur

A

the process whereby a judge subtracts from the amount of damages a jury has awarded

132
Q

motion for new trial

A

a request that the judge order a new trial because of procedural errors

133
Q

appeal

A

to ask the court at the next higher level to determine whether the trial court erred

134
Q

appeal as a matter of right

A

a party who loses in the trial court has the right to have his or her case heard by the next highest appellate level cour tin civil court

135
Q

waive

A

to give up a right

136
Q

stay

A

to delay the implementation of a courts order

137
Q

notice of appeal

A

written notification in motion form that a party intends to appeal

138
Q

bond on appeal

A

a sum of money held by the court to ensure that the funds from the award will be available during the appellate process

139
Q

res judicata

A

doctrine stating that a case that has been decided on its merits may not be re-litigated

140
Q

to bar

A

to prevent or stop

141
Q

appellant

A

the party intiating an appeal

142
Q

appellee

A

the party responding to an appeal

143
Q

record

A

the official collection of all pleadings, exhibits, motions, orders and transcript of the trial

144
Q

appellate brief

A

a written argument by a party covering the issues, called “points of error” on appeal

145
Q

points of error

A

the questions that are the basis for the appeal

146
Q

response brief

A

a written answer to the appellate brief

147
Q

oral argument

A

an oral presentation to an appellate court

148
Q

panel of justices

A

the portion of an appellate-level court that hears a case

149
Q

en banc

A

when the entire appellate court sits to hear and decide a case

150
Q

opinion

A

written decision of the court

151
Q

majority opinion

A

the strongest form of opinion, more than 50 percent of the court agrees on a decision, law

152
Q

concurring opinion

A

opinion of one or more judges that agrees with the results of the majority, but arrives at that result for different reasons

153
Q

dissenting opinion

A

opinion that disagrees with the majority opinion

154
Q

petition

A

to make a formal request to the court

155
Q

rehearing

A

a second chance to present arguments to the court on the same issues

156
Q

petition for writ of certiorari

A

the vehicle by which the case is taken from the court of appeals to the supreme court, if the higher court approves the petition it will hear the case

157
Q

criminal law

A

a violation is viewed as harming the community

158
Q

prosecution

A

the bringing of criminal charges against a defendant

159
Q

state or government

A

prosecution

160
Q

warrant

A

an order from a judicial officer or the court authorizing an arrest or a search or seizure of property

161
Q

initial appearance

A

the first court appearance by a defendant to a criminal charge

162
Q

misdemeanor

A

a crime punishable by a sentence of less than one year

163
Q

felony

A

a crime punishable by a sentence of a year or more in prison

164
Q

bail

A

money or property deposited with the court to procure the release of a defendant to ensure the appearance of the defendant at trial

165
Q

personal recognizance

A

a defendant is released without being required to post bail, on the promise that he or she will appear in court

166
Q

assigned counsel

A

an attorney who is ordered to represent a defendant

167
Q

counsel

A

legal representative, attorney

168
Q

nolle prosequi

A

the decision of the prosecutor not to prosecute, even though he or she believes that there is sufficient evidence to do so

169
Q

plead

A

to declare a defendants position in a criminal trial

170
Q

plea bargain

A

a defendant in a criminal case agrees to plead guilty, usually to a lesser charge

171
Q

nolo contendere

A

no contest, defendant decides to not contest the charges, but does not admit guilt

172
Q

preliminary hearing

A

a hearing requiring the state to produce sufficient evidence to establish that there is probable cause to believe a crime has been commited by the defendant

173
Q

bound over

A

submitted to , sent

174
Q

grand jury

A

an investigatory panel that determines whether probable cause exist to return an indictment

175
Q

indictment

A

a formal charge by a grand jury alleging a criminal act

176
Q

arraignment

A

formal hearing in court where the defendant is informed of charges being brought and generally pleads guilty, not guilty, or no contest

177
Q

beyond a reasonable doubt

A

the degree of proof required in a criminal prosecution usually requiring unanimous agreement of the jury. The jury may have some doubt and still find the person guilty, but the doubt cannot be reasonable

178
Q

acquit

A

to find a defendant not guilty

179
Q

adverse judgment

A

a judgment against your client

180
Q

double jeopardy

A

in a criminal case, the state cannot retry a defendant on the same charges once a not-guilty verdict is rendered by a judge or jury

181
Q

chain of custody

A

chronological documentation of each person having possession of the evidence from the point of collection until admission at trial

182
Q

full faith and credit

A

Article IV, Section 1 of the US Constitution establishes that individual states within the United States must respect the public acts, records and judicial proceedings of every other state

183
Q

precedent

A

a prior case (usually a written court opinion) that a subsequent court may rely upon when deciding a matter with similar facts and/or issues

184
Q

stare decisis

A

the principle that a court should follow previous court decisions unless there exists a compelling reason not to, “let the decision stand”

185
Q

due process

A

legal principle that the government must safeguard the legal rights owed to a person according to the law

186
Q

notice

A

to provide, or to gain, knowledge of legally relevant information

Paralegal (2 decks)

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