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Family Law > Quiz 4 > Flashcards

Quiz 4 Flashcards

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1
Q

Sanctions

A

punishment issued to attorneys for engaging in conduct that violates the state’s code of professional conduct.

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2
Q

Complaint

A

document that commences an action when the opposing party is served

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3
Q

Grievance

A

complaint filed with disciplinary body against an attorney

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4
Q

work product

A

notes, materials, memoranda, and written records generated by an attorney

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5
Q

vicarious liability

A

employer is responsible for negligence and other torts committed by his or her employees when the acts are committed during the scope of their employment; doctrine is respondeat superior

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6
Q

deep pocket

A

characterizes defendant in a lawsuit who has the financial resources to absorb a civil suit for monetary damages

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7
Q

premium

A

monetary sum paid on annual or installment basis for malpractice insurance coverage

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8
Q

release

A

document that indicates the client has given attorneys permission to disclose info to another party

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9
Q

attorney-client privilege

A

ethical rule stating attorneys cannot disclose info related to the representation of a client

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10
Q

multiple representation

A

one lawyer is hired to represent both parties to a case

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11
Q

Former client-current opponent

A

upon an attorney or paralegal switching jobs, discovering that their new employer is representing the opponent in a former client’s case

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12
Q

ethical wall

A

paralegal cannot discuss a case with anyone in office or have access to file because of possibility of conflict of interest

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13
Q

unbundled legal services

A

clients purchase legal services on a task-by-task basis

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14
Q

Limited scope retainer agreement

A

attorney-client contract for legal services where attorney limits the scope of representation with the client’s consent

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15
Q

competency

A

duty to exercise a reasonable degree of care and skill commonly used by other attorneys in similar area of practice

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16
Q

flat fee

A

arrangement whereby a fixed dollar amount is agreed on and charged for the entire case

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17
Q

retainer

A

payment made in advance to an attorney

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18
Q

contingent fees

A

arrangement that entitles attorneys to a percentage of the financial outcome of the case, be it a judgement or settlement

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19
Q

Time sheet/slip

A

record of work performed on behalf of a client on a periodic basis

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20
Q

padding

A

unjustifiably increasing the number of hours actually slept on a client’s case

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21
Q

solicitation

A

actively seeking persons in need of legal service, either by mail or in person

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22
Q

reciprocity

A

one state may extend to attorneys in a different state the right to practice law in its jurisdiction in exchange for the other state’s granting the same privilege to attorneys in their state

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23
Q

pro hac vice

A

where a state may grant an attorney to special permission to handle one particular case

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24
Q

Conflict of interest

A

activity that may divide the attorney’s loyalty and compromise their independent judgement

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25
Q

conflicting out

A

where prospective divorce client engages in practice of interviewing all the available family law attorneys in a geographical area for the purpose of disqualifying them from representing the other spouse

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26
Q

financial worksheet

A

client’s income, expenses, assets, and liabilities, be they joint or seperate

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27
Q

initial client interview

A

first meeting between client and attorney or paralegal at which basic info to start work on a case

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28
Q

retainer agreement/letter

A

contract between law firm and client whereby the law firm agrees to provide specified legal services in exchange for monetary compensation

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29
Q

petitioner

A

brings a court action against another

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30
Q

respondent

A

party against whom an action is brought

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31
Q

subject matter jurisdiction

A

the court’s power to actually hear a divorce case

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32
Q

residency

A

the domicile of the parties

33
Q

domicile

A

residing in a state wit the intent to permanently remain

34
Q

In personam jurisdiction

A

personal service over the defendant; once defendant is served with initial pleadings, court may enter orders and enforce judgments against the individuals

35
Q

service of process

A

formal delivery of the initial pleadings

36
Q

abode service

A

service on a defendant by leaving a copy of the pleadings at their home

37
Q

service by publication

A

sheriff puts a legal notice in the newspaper in the city, town, or general area where defendant was last known to reside or where defendant is now residing

38
Q

venue

A

proper divorce court within the state in which to file the initial divorce complaint on petition

39
Q

In rem jurisdictoin

A

power of the courts to actually dissolve the marriage

40
Q

pleadings

A

documents that state the plaintiff’s claims giving rise to the dissolution action and defendant’s responses or defenses to such claims

41
Q

Summons

A

one-page preprinted form which names and addresses of parties and court are inserted and directs defendant to appear in court and answer allegations in a complaint

42
Q

caption

A

section of a complaint that contains the names of the parties, name and division of court, docket number or return date of action, and date the complaint was drawn up

43
Q

return date

A

date in the near future by which the complaint must be returned to the court clerk’s office and filed with the court

44
Q

body

A

part of a complaint that contains the necessary factual info that establishes jurisdiction of the court and identifies grounds on which divorce is being sought

45
Q

prayer for relief

A

plaintiff’s request for a dissolution and for court orders, when appropriate, regarding property distribution

46
Q

subscription

A

part of court document that confirms the truth and accuracy of allegations and confirms the veracity of the party making these allegations; aka verification

47
Q

Juris number

A

attorney’s license number

48
Q

pre-return date relief

A

plaintiff spouse needs and may seek immediate relief or court intervention as soon as the complaint is served

49
Q

dissipation

A

depletion of marital assets by waste

50
Q

Application for a prejudgment remedy

A

where a party asks the court to take some action before a judgement in the case is rendered

51
Q

request for an order attaching known assets

A

document asking the court to freeze the opposing party’s property in order to prevent dissipation of those assets

52
Q

Motion for disclosure of assets

A

requests disclosure of all real and personal property owned by a spouse either in their own name or owned jointly with the spouse or with another person or entity

53
Q

Notice to appear for a deposition to disclose assets

A

requires party to appear in order to be questioned, under oath, on previous disclosure to determine whether it completely revealed all of the party’s assets

54
Q

affidavit

A

a signed sworn statement

55
Q

filing fee

A

amount of money required to file a complaint in court; aka court entry fee

56
Q

appearance

A

document stating that a person has come into a court action as a party or an attorney representing a party

57
Q

default judgement

A

one party “wins” the dissolution or divorce suit by failure of the othe rparty to act

58
Q

contempt

A

one party in an action does not comply with the court’s order

59
Q

Affidavit of publication

A

a signed, sworn statement that a legal notice was printed

60
Q

answer

A

document which each allegations contained in the numbered paragraphs of a complaint is responded to

61
Q

special defenses

A

part of a defendants answer in which they cites unusual or extraordinary circumstances as part of their defense

62
Q

pendency period

A

time during court proceedings before judgement is rendered

63
Q

pendente lite motion

A

a motion granting relief only for the duration of the court action, before judgement is rendered

64
Q

E-services

A

identifies services available online

65
Q

motion for alimony

A

where a party to a dissolution proceeding asks the court to grant support payments to him or her for the duration of the case

66
Q

Motion for custody, pendente lite

A

party to a dissolution proceeding asks the court to have possession of the children for the duration of the case

67
Q

Motion for child support

A

party to a dissolution proceeding asks the court to have the other party pay child maintenance for the duration of the case

68
Q

Child support guidelines

A

statutorily enacted formulas for determining the amount the noncustodial parent must pay for the support of each child

69
Q

Motion for exclusive possession of the marital residence

A

party to a dissolution proceeding asks the court to allow him or her to stay in the home, without the other party, for the duration of case

70
Q

Motion for payment of mortgage payments and insurance premiums, pendente lite

A

party to a dissolution proceedings asks the court to have the other party pay for certain bills for the duration of the case

71
Q

Motion to freeze marital assets

A

party asks the court to stop any transactions of the marital property from taking place

72
Q

Motion to restrain party from entering marital residence

A

party asks the court to order that the other party be forbidden to enter the home where that party is living

73
Q

ex parte proceeding

A

court hearing in response to one party’s ex parte motion or petition. opposing party is not present during because such proceedings are generally filed in emergency situation

74
Q

short calendar

A

one or two days of the week that courts set aside to hear motions brought before the court; aka motion day

75
Q

Docket control system

A

system of one or more calendars that helps an attorney keep track of the various court dates and deadlines

76
Q

moving party

A

person bringing the motion to the court

77
Q

Motion for contempt

A

document that alerts the court to the other party’s failure to comply with the court’s earlier order and requests that the court provide relief

78
Q

Motion for modification

A

party asks that the order entered by the court be changed when there has been a substantial in one of the party’s circumstances from the time the original order was entered; aka motion to modify

Family Law (7 decks)

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