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Family Law > Quiz 4 > Flashcards

Quiz 4 Flashcards

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
conflicting out
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
26
financial worksheet
client's income, expenses, assets, and liabilities, be they joint or seperate
27
initial client interview
first meeting between client and attorney or paralegal at which basic info to start work on a case
28
retainer agreement/letter
contract between law firm and client whereby the law firm agrees to provide specified legal services in exchange for monetary compensation
29
petitioner
brings a court action against another
30
respondent
party against whom an action is brought
31
subject matter jurisdiction
the court's power to actually hear a divorce case
32
residency
the domicile of the parties
33
domicile
residing in a state wit the intent to permanently remain
34
In personam jurisdiction
personal service over the defendant; once defendant is served with initial pleadings, court may enter orders and enforce judgments against the individuals
35
service of process
formal delivery of the initial pleadings
36
abode service
service on a defendant by leaving a copy of the pleadings at their home
37
service by publication
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
venue
proper divorce court within the state in which to file the initial divorce complaint on petition
39
In rem jurisdictoin
power of the courts to actually dissolve the marriage
40
pleadings
documents that state the plaintiff's claims giving rise to the dissolution action and defendant's responses or defenses to such claims
41
Summons
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
caption
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
return date
date in the near future by which the complaint must be returned to the court clerk's office and filed with the court
44
body
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
prayer for relief
plaintiff's request for a dissolution and for court orders, when appropriate, regarding property distribution
46
subscription
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
Juris number
attorney's license number
48
pre-return date relief
plaintiff spouse needs and may seek immediate relief or court intervention as soon as the complaint is served
49
dissipation
depletion of marital assets by waste
50
Application for a prejudgment remedy
where a party asks the court to take some action before a judgement in the case is rendered
51
request for an order attaching known assets
document asking the court to freeze the opposing party's property in order to prevent dissipation of those assets
52
Motion for disclosure of assets
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
Notice to appear for a deposition to disclose assets
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
affidavit
a signed sworn statement
55
filing fee
amount of money required to file a complaint in court; aka court entry fee
56
appearance
document stating that a person has come into a court action as a party or an attorney representing a party
57
default judgement
one party "wins" the dissolution or divorce suit by failure of the othe rparty to act
58
contempt
one party in an action does not comply with the court's order
59
Affidavit of publication
a signed, sworn statement that a legal notice was printed
60
answer
document which each allegations contained in the numbered paragraphs of a complaint is responded to
61
special defenses
part of a defendants answer in which they cites unusual or extraordinary circumstances as part of their defense
62
pendency period
time during court proceedings before judgement is rendered
63
pendente lite motion
a motion granting relief only for the duration of the court action, before judgement is rendered
64
E-services
identifies services available online
65
motion for alimony
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
Motion for custody, pendente lite
party to a dissolution proceeding asks the court to have possession of the children for the duration of the case
67
Motion for child support
party to a dissolution proceeding asks the court to have the other party pay child maintenance for the duration of the case
68
Child support guidelines
statutorily enacted formulas for determining the amount the noncustodial parent must pay for the support of each child
69
Motion for exclusive possession of the marital residence
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
Motion for payment of mortgage payments and insurance premiums, pendente lite
party to a dissolution proceedings asks the court to have the other party pay for certain bills for the duration of the case
71
Motion to freeze marital assets
party asks the court to stop any transactions of the marital property from taking place
72
Motion to restrain party from entering marital residence
party asks the court to order that the other party be forbidden to enter the home where that party is living
73
ex parte proceeding
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
short calendar
one or two days of the week that courts set aside to hear motions brought before the court; aka motion day
75
Docket control system
system of one or more calendars that helps an attorney keep track of the various court dates and deadlines
76
moving party
person bringing the motion to the court
77
Motion for contempt
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
Motion for modification
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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