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Paralegal 101: Intro to Law > Vocabulary > Flashcards

Vocabulary Flashcards

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When a court in a later case changes the law so that way a prior decision is no longer valid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

Legal Scriveners

A

individual who prepared standardized legal documents for those who handle their legal matters without a lawyer

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26
Q

Appeal

A

To ask a higher court to review the answers of a lower court

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27
Q

Confidentiality

A

The ethical rule prohibiting attorneys and paralegals from disclosing info regarding a client or case

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28
Q

The legal system is…

A

Stare Decisis and precedent

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29
Q

Executor Contract

A

A contract that has not been fully performed

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30
Q

What constitutes cruel and unusual punishment

A

The sentencing of juvenile, mentally retarded, or insane people to death

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31
Q

lesser included charge

A

when giving a jury the option of convicting for manslaughter or murder, manslaughter would be the lesser included charge.

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32
Q

Battery

A

An intentional act that creates a harmful or offensive physical contact.
Can form the basis of a tort or criminal action

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33
Q

Registration

A

the process by which individuals or organizations have their names placed in a professional list by an agency

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34
Q

Licensing

A

the process by which gov. agencies establish standards and they prohibit those who have not met the standards from working in the field

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35
Q

Voidable (contracts)

A

A contract that can be dis-affirmed by one of the parties

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36
Q

Exclusionary Rule

A

A rule that states that evidence obtained in violation of an individual constitutional rights cannot be used against that individual in a criminal trial

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37
Q

Strict liability

A

Liability without having to prove fault

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38
Q

Collaborative Divorce

A

A non-adversarial process where by the divorcing couple hires a team of professionals to help them reach an agreement

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39
Q

Judicial Activism
and
Judicial Restraint

A

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

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40
Q

NALA

NFPA

A

A national association of legal assistants

National Federation of Paralegal Associations

41
Q

Federalism

A

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
Q

Pleadings

A

The papers that begin a lawsuit, the complaint and the answer.

43
Q

Damages

A

Monetary compensation, including compensatory, punitive and nominal damages

44
Q

Sole Proietorship

A

One lawyer owns all assets and receives all profits

45
Q

Capitol Crimes

A

A crime for which the death sentence can be imposed

46
Q

False imprisonment

A

Occurs whenever one person through force or threat of force, unlawfully detains another person against their will

47
Q

Freelance Paralegals

A

A paralegal who works as an independent contractor rather than as an employee of a law firm.

48
Q

Litigation

A

A lawsuit, a controversy to be settled in court

49
Q

Disparte Impact case

A

The legal theory applied when the use of a neutral standard has a disproportionate impact on one protected group

50
Q

Burden of Proof

A

The necessity of proving a believable truth in the matter asserted

51
Q

Freelance paralegal

A

A paralegal who works as a independent contractor

52
Q

Divorce Case

A

Also called disillusionment, a legal judgement that dissolves a marriage

53
Q

Constitution

A

The document that set up the government and rights of the federal and state government

54
Q

Child Support Order

A

Money that the noncustodial parent contributes to assist the custodial parent in paying for a child

55
Q

Judicial Review

A

The court’s power to review statutes and decide if they conform to the Constitution

56
Q

Child Abuse

A

Intentional harm to a child’s physical or mental well-being

57
Q

Assault

A

An intentional act that creates a reasonable apprehension of a immediate harmful or offensive physical contact

58
Q

4 goals of criminal justice system

A
  1. Specific deterrence
  2. General deterrence
  3. incarceration
  4. Rehabilitation
59
Q

Reverse
or
Remand

A

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
Q

Writ of Certiorari

A

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
Q

Jurisdiction

A 
The power of the court to hear a case
has three types
-open
-limited
-original
62
Q

Specific Performance

A

When money damages are inadequate a court may use this equitable remedy and order the breaching party to perform his/her contractual obligations

63
Q

Attorney

A

Lawyer: A person licensed to practice law

64
Q

Originalism

A

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
Q

Evolutionary approach

A

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
Q

Legal Realists

A

A legal philosophy who proponents think that judges decide cases based on factors other than logic and preexisting rules such as socioeconomic factors

67
Q

Legal Formalism

A

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
Q

Personal Property

A

All property that is not real property

items, furnishings, etc.

69
Q

Trial Court

A

Courts that determine the facts and apply the law to the facts

70
Q

Appellate Court

A

Courts that determine if the lower courts have made errors in the law

71
Q

Intentional Tort

A

A tort committed by one who intends to do the act that creates the harm

72
Q

Regulation

A

A law promulgated by an administrative agency

73
Q

Discovery

A

The modern pretrial procedure by which one party gains information about the adverse party.

74
Q

Equity

A

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
Q

Torts

A

law that deals with harm to a person or a person’s property

76
Q

Real Property

A

Also known as real estate; land and items growing on land or permanently attached to land.

77
Q

Discovery and Interrogatories

A

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
Q

Professional Corporation

A

A professional entity in which then stockholders share in the organizations profits, but have liabilities limited to the amount of the investment.

79
Q

Limited Liablity Partnership

A

A professional entity in which the owners share in the profits but are not liable for malpractice.

80
Q

Clear and Convincing

A

An evidentiary standard that requires more than prespondence of evidence and less than beyond a reasonable doubt

81
Q

Perspondence of Evidence

A

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
Q

Partnership and partners

A

Business ran by two or more people as co-owners

Share profits rather than salary

83
Q

Oridances

A

Ambiguous, what city councils can enact

84
Q

Common Law

A

The law created by the courts, these are various legal principles that have evolved from specific court decisions

85
Q

ABA

A

American Bar Association

86
Q

Lay Advocate

A

Generally someone operating within the law representing persons before administrative agencies that permit this practice.

87
Q

Negligence

A

The failure to act reasonably under the circumstances

88
Q

Precedent

A

A rule set by prior court decisions

89
Q

Beyond a Reasonable Doubt

A

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
Q

IRAC

A 
Issue
Rule
Analysis
Conclusion
a form of legal writing
91
Q

Legal Analysis

A

Process of applying the law to the clients facts

AKA legal reasonaing

92
Q

Case Brief

A

A method of summarizing court opinions

93
Q

Specific Performance

A

A requirement that a party fulfills his/her contractual obligations

94
Q

Secondary Authority

A

Info about the law such as that contained in encyclopedias and law review articles

95
Q

How does the ADA define disability

A

Physical impairment

96
Q

Contributory negligence

A

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
Q

Voidable Contracts and Marriages

A

A contract that is valid even if it is not repudiated by either party

A marriage that is invalid from its inceptions

98
Q

Fourth Branch of government

A

Admin. Agencies; they combine legislative, judicial, and executive functions.

Paralegal 101: Intro to Law (1 decks)

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