Litigation Ch. 2

Question 0

Agent

Answer 0

A person or corporation that has authority to act for another person, usually called a principal, and to make legally binding commitments on behalf of the principle.

Question 1

Affidavit

Answer 1

A written ex parte statement made under oath before an officer of the court or a notary public.

Question 2

Alternative Dispute Resolution

Answer 2

Any procedure or method for resolving disputes between persons that does not involve the courts.

Question 3

Arbitration

Answer 3

A procedure by which parties submit their dispute to another person or tribunal for decision.

Question 4

Attorney pro se

Answer 4

A person who acts as his or her own attorney in a civil action.

Question 5

Champerty

Answer 5

An agreement between an attorney and a client by which the attorney pledges to bear the cost of the clients litigation in return for a portion of the expected recovery of money damages.

Question 6

Conflict of Interest

Answer 6

A situation in which a lawyers duty to a client to act or refrain from acting is or may be harmful to the interest of another client or a former client or to the lawyers own interest.

Question 7

Contingent Fee

Answer 7

A fee for legal services based on an agreed percentage of the monies actually recovered.

Question 8

Fiduciary

Answer 8

A person or corporation who assumes a special relationship with another person or another persons property, such as a trustee, administrator, executor, lawyer, or guardian.

Question 9

Integrated Bar

Answer 9

A state bar association that controls the right to practice law.

Question 10

Maintenance

Answer 10

The practice of advancing monies to a litigant on the basis that the loan will be paid out of the verdict or settlement.

Question 11

Malpractice

Answer 11

Negligence committed by a person while rendering professional services.

Question 12

Mediation

Answer 12

A dispute resolution procedures in which an intermediary facilitates communication between the parties, helps the parties overcome barriers in the negotiation process, and identifies the parties real interests and needs so that they can make their own agreement.

Question 13

Principal

Answer 13

In the law of agency, a principle is a person who directed or permitted another person to act for him or her and is subject to his or her control.

Question 14

Privileged Communication

Answer 14

A communication that is protected by law from disclosure.

Question 15

Notice of Withdrawal

Answer 15

A notice an attorney files with the court and serves on all the parties, stating that he or she has withdrawn or will withdraw from the case.

Question 16

Unauthorized practice of Law

Answer 16

Nonlawyers doing things that only lawyers are permitted to do.