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Paralegal 101: Intro to Law > Vocabulary > Flashcards

Vocabulary Flashcards

1
Q

Legal Positivism

A

A legal theory whose proponents believe that the validity of a law is determined by the process through which it was made rather than by the degree through which it reflects natural law.

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2
Q

Legal Tech.

A

A non-lawyer who provides legal services directly to the public without being under the supervision of a lawyer.
Can be considered malpractice in certain areas.

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3
Q

Preemption

A

The power of the federal government to prevent the states from passing conflicting laws and sometimes to prohibit states from passing any laws on a particular subject.

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4
Q

What are a courts options in a case of child abuse

A

Oversight, removal, and termination of rights

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5
Q

What are the classifications of torts

A

Negligence
Intentional
Strict Liability

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6
Q

Overrule

A

When a court in a later case changes the law so that way a prior decision is no longer valid

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7
Q

Cause of Action

A

A claim that based on the law and the fact is sufficient to support a lawsuit

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8
Q

Associates

A

Are employees of the firm and receive a set salary and bonuses

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9
Q

Law

A

Rules of Conduct promulgated and enforced by the government, based on policy decisions that determine legal rights and duties between people or between people and the government

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10
Q

Certification

A

The states of being formally recognized by a nongovernmental agency for having met special criteria

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11
Q

Law Clerks

A

title has historically been reserved for law students who has no passed the bar and does legal research

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12
Q

Law Office Memorandum

A

unbiased analysis of a clients case within the law firm. Evaluates clients likelihood of winning

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13
Q

Contract

A

An agreement supported by consideration

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14
Q

Natural Law

A

A legal philosophy theory whose proponents think there are ideal laws that can be discovered through careful thought about humanities innate sense of right and wrong.

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15
Q

Conviction v. liable

A

The finding in the criminal case if the defendant is guilty
v.
The finding in a civil suit that the defendant is responsible

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16
Q

Enabling Act

A

A statute establishing and setting out the powers of a administrative agency

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17
Q

Duress

A

In criminal law a defense requiring proof that force or threat of force was used to cause a person to commit a criminal act. In contract law, pressure is so great as to overwhelm the contracting parties ability to make a free choice

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18
Q

Void (Contracts)

A

No legal effects

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19
Q

Paralegal

A

A person who assists an attorney and working under the attorney’s supervision does tasks that the attorney could or would do

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20
Q

Administrative Law

A

Rules and Regulations created by administrative agencies

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21
Q

Statute

A

A law enacted by a state legislature or by Congress

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22
Q

Concurring and Dissenting Opinions

A

An opinion that agrees with the majorities result but disagrees with the reasoning

An opinion that disagrees with the majority’s decision and reasoning

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23
Q

Injunction

A

A court order requiring a party to perform a specific act or cease doing a specific act

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24
Q

Stare Decisis

A

The doctrine that normally once a court has decided one way on a particular issue in the past it and other courts in the jurisdiction will decide the same way given a similar set of facts unless they can be convinced of a need for change

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25
Legal Scriveners
individual who prepared standardized legal documents for those who handle their legal matters without a lawyer
26
Appeal
To ask a higher court to review the answers of a lower court
27
Confidentiality
The ethical rule prohibiting attorneys and paralegals from disclosing info regarding a client or case
28
The legal system is...
Stare Decisis and precedent
29
Executor Contract
A contract that has not been fully performed
30
What constitutes cruel and unusual punishment
The sentencing of juvenile, mentally retarded, or insane people to death
31
lesser included charge
when giving a jury the option of convicting for manslaughter or murder, manslaughter would be the lesser included charge.
32
Battery
An intentional act that creates a harmful or offensive physical contact. Can form the basis of a tort or criminal action
33
Registration
the process by which individuals or organizations have their names placed in a professional list by an agency
34
Licensing
the process by which gov. agencies establish standards and they prohibit those who have not met the standards from working in the field
35
Voidable (contracts)
A contract that can be dis-affirmed by one of the parties
36
Exclusionary Rule
A rule that states that evidence obtained in violation of an individual constitutional rights cannot be used against that individual in a criminal trial
37
Strict liability
Liability without having to prove fault
38
Collaborative Divorce
A non-adversarial process where by the divorcing couple hires a team of professionals to help them reach an agreement
39
Judicial Activism and Judicial Restraint
A judicial philosophy that supports an active role for the judiciary in changing the law A judicial philosophy that supports a limited role for the judiciary in changing the law, including deference to the legislative branch
40
NALA | NFPA
A national association of legal assistants | National Federation of Paralegal Associations
41
Federalism
A system of government in which the authority to govern is split between a single nationwide central government and several regional government that control specific areas
42
Pleadings
The papers that begin a lawsuit, the complaint and the answer.
43
Damages
Monetary compensation, including compensatory, punitive and nominal damages
44
Sole Proietorship
One lawyer owns all assets and receives all profits
45
Capitol Crimes
A crime for which the death sentence can be imposed
46
False imprisonment
Occurs whenever one person through force or threat of force, unlawfully detains another person against their will
47
Freelance Paralegals
A paralegal who works as an independent contractor rather than as an employee of a law firm.
48
Litigation
A lawsuit, a controversy to be settled in court
49
Disparte Impact case
The legal theory applied when the use of a neutral standard has a disproportionate impact on one protected group
50
Burden of Proof
The necessity of proving a believable truth in the matter asserted
51
Freelance paralegal
A paralegal who works as a independent contractor
52
Divorce Case
Also called disillusionment, a legal judgement that dissolves a marriage
53
Constitution
The document that set up the government and rights of the federal and state government
54
Child Support Order
Money that the noncustodial parent contributes to assist the custodial parent in paying for a child
55
Judicial Review
The court's power to review statutes and decide if they conform to the Constitution
56
Child Abuse
Intentional harm to a child's physical or mental well-being
57
Assault
An intentional act that creates a reasonable apprehension of a immediate harmful or offensive physical contact
58
4 goals of criminal justice system
1. Specific deterrence 2. General deterrence 3. incarceration 4. Rehabilitation
59
Reverse or Remand
A decision is reversed when an appellate court overturns the decision of a lower court When an appellate court sends a case back to trial courts for a new trial
60
Writ of Certiorari
A means of gaining appellate review, in the U.S.S.C, the writ is discretionary and will be issued to another court to review. The case is is taken if it concerns a federal question and if 4 of the 9 justices vote the hear the case.
61
Jurisdiction
``` The power of the court to hear a case has three types -open -limited -original ```
62
Specific Performance
When money damages are inadequate a court may use this equitable remedy and order the breaching party to perform his/her contractual obligations
63
Attorney
Lawyer: A person licensed to practice law
64
Originalism
An approach to constitutional interpretation that narrowly interprets the constitution in a manner that is consistent with what most people understand the words to mean at the time they were written
65
Evolutionary approach
An approach to constitutional interpretation in which judges seek to determine the underlying purpose that the drafters had in mind at the time they wrote the law and the modern day options that best advances that purpose
66
Legal Realists
A legal philosophy who proponents think that judges decide cases based on factors other than logic and preexisting rules such as socioeconomic factors
67
Legal Formalism
A theory that views the law as a complete autonomous system of logically consistent principles with in which judges find the correct result by simply making logical deductions
68
Personal Property
All property that is not real property | items, furnishings, etc.
69
Trial Court
Courts that determine the facts and apply the law to the facts
70
Appellate Court
Courts that determine if the lower courts have made errors in the law
71
Intentional Tort
A tort committed by one who intends to do the act that creates the harm
72
Regulation
A law promulgated by an administrative agency
73
Discovery
The modern pretrial procedure by which one party gains information about the adverse party.
74
Equity
Fairness, a court's power to do justice. Equity powers allow judges to take action when otherwise the law would have limited their decisions to monetary awards. Includes the ability to issue injunctions
75
Torts
law that deals with harm to a person or a person's property
76
Real Property
Also known as real estate; land and items growing on land or permanently attached to land.
77
Discovery and Interrogatories
The modern pretrial procedure by which one party gains information from the adverse party. Written questions sent by one side to the other side, answered under oath
78
Professional Corporation
A professional entity in which then stockholders share in the organizations profits, but have liabilities limited to the amount of the investment.
79
Limited Liablity Partnership
A professional entity in which the owners share in the profits but are not liable for malpractice.
80
Clear and Convincing
An evidentiary standard that requires more than prespondence of evidence and less than beyond a reasonable doubt
81
Perspondence of Evidence
The standard of proof used in civil trials. The proof must indicate that it is more likely than not that the defendant committed the wrong
82
Partnership and partners
Business ran by two or more people as co-owners Share profits rather than salary
83
Oridances
Ambiguous, what city councils can enact
84
Common Law
The law created by the courts, these are various legal principles that have evolved from specific court decisions
85
ABA
American Bar Association
86
Lay Advocate
Generally someone operating within the law representing persons before administrative agencies that permit this practice.
87
Negligence
The failure to act reasonably under the circumstances
88
Precedent
A rule set by prior court decisions
89
Beyond a Reasonable Doubt
The standard of proof in criminal trials. The proof must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors minds
90
IRAC
``` Issue Rule Analysis Conclusion a form of legal writing ```
91
Legal Analysis
Process of applying the law to the clients facts | AKA legal reasonaing
92
Case Brief
A method of summarizing court opinions
93
Specific Performance
A requirement that a party fulfills his/her contractual obligations
94
Secondary Authority
Info about the law such as that contained in encyclopedias and law review articles
95
How does the ADA define disability
Physical impairment
96
Contributory negligence
Negligence by the plaintiff that contributed to his/her injury. In some jurisdictions, any finding of contributory negligence acts as a complete bar to recovery. See Comparative negligence
97
Voidable Contracts and Marriages
A contract that is valid even if it is not repudiated by either party A marriage that is invalid from its inceptions
98
Fourth Branch of government
Admin. Agencies; they combine legislative, judicial, and executive functions.

Paralegal 101: Intro to Law (1 decks)

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