aba association Flashcards
(147 cards)
1
Q
What is an acquittal?
A
A release, absolution, or discharge of an obligation or liability; in criminal law, the finding of not guilty.
2
Q
Define adjudication.
A
Giving or pronouncing a judgment or decree; also the judgment given.
3
Q
What are administrative agencies?
A
Agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation, and labor.
4
Q
What does admiralty law pertain to?
A
That body of law relating to ships, shipping, marine commerce and navigation, transportation of persons or property by sea.
5
Q
What is an advance directive?
A
Also known as a living will.
6
Q
What is an affidavit?
A
A voluntary, written, or printed declaration of facts, confirmed by oath of the party making it before a person with authority to administer the oath.
7
Q
What is alimony?
A
Money paid by one spouse to the other in a divorce or separation to fulfill the financial obligation that comes with marriage; also called maintenance or spousal support.
8
Q
What is alternative dispute resolution?
A
Settling a dispute without a full, formal trial; methods include mediation, conciliation, arbitration, and settlement.
9
Q
What does amicus curiae mean?
A
Latin for ‘friend of the court’; refers to a party that provides information to a court without being directly involved in the case.
10
Q
What is annulment?
A
A legal decree that states that a marriage was never valid, effectively wiping out the marriage as though it never existed.
11
Q
What is an answer in a civil case?
A
The defendant’s written response to the plaintiff’s complaint, admitting or denying the factual or legal basis for liability.
12
Q
What is an appeal?
A
A request to a supervisory court to overturn the legal ruling of a lower court.
13
Q
What is the meaning of appearance in court?
A
The act of coming into court as a party to a suit either in person or through an attorney.
14
Q
What is an appellate court?
A
A court having jurisdiction to hear appeals and review a trial court’s procedure.
15
Q
Define arbitration.
A
When disputing parties agree in advance to accept the decision of a mutually-selected arbitrator or panel of arbitrators.
16
Q
What is an arbitrator?
A
A private, disinterested person chosen by the parties in arbitration to hear evidence concerning the dispute.
17
Q
What is an arraignment?
A
The initial appearance before a judge in a criminal case where charges are read, a lawyer is appointed, and the defendant’s plea is entered.
18
Q
What are articles of incorporation?
A
A document filed with a state to incorporate, typically including the name and address of the corporation and its general purpose.
19
Q
What is bankruptcy?
A
A federal legal proceeding in which a debtor may be released from or discharged from debts.
20
Q
What does ‘bar’ refer to?
A
A term meaning lawyers or lawyer associations.
21
Q
What is a brief?
A
A written argument by counsel arguing a case, containing a summary of facts, pertinent laws, and an argument of how the law applies.
22
Q
What is the burden of proof?
A
The responsibility of proving a point in a court case; which side must establish a point or points.
23
Q
What are canons of ethics?
A
Standards of ethical conduct for attorneys.
24
Q
What is case law?
A
Law established by previous decisions of appellate courts; also known as common law.
25
What is a cause of action?
The fact or facts which give a person a right to relief in court.
26
What does certiorari mean?
When a higher court agrees to review the decision of a lower court.
27
What is a civil law case?
A case that does not include a crime, usually between private parties or businesses.
28
What is a class action lawsuit?
A lawsuit brought by one or more persons on behalf of a larger group.
29
What is the Client Security/Protection Fund?
A fund to compensate clients defrauded by dishonest lawyers.
30
What is closing in a real estate transaction?
The final exchange in which the deed is delivered, the title is transferred, and agreed costs are paid.
31
What is the Code of Professional Responsibility?
The rules of conduct or ethics that govern the legal profession.
32
What are compensatory damages?
Money awarded to reimburse actual costs, such as medical bills and lost wages, and for pain and suffering.
33
Who is a complainant?
The party who complains or sues; one who applies to the court for legal redress.
34
What is a complaint?
The legal document that usually begins a civil lawsuit, stating facts and identifying the action asked of the court.
35
What is conciliation?
A form of alternative dispute resolution where a neutral third party helps lower tensions and explore solutions.
36
What is contempt of court?
Willful disobedience of a judge's command or official court order.
37
What is a contingency fee?
A fee arrangement where the lawyer is paid out of any damages awarded; no fee if no damages are awarded.
38
What is a continuance?
Postponement of a legal proceeding to a later date.
39
Define contract.
A legally enforceable agreement between two or more competent parties made either orally or in writing.
40
What is copyright?
A person's right to prevent others from copying works that he or she has created.
41
What is a corporation?
An independent entity created to conduct a business or other activity.
42
Who is referred to as counsel?
A legal adviser; a term used to refer to lawyers in a case.
43
What is a counterclaim?
A claim made by the defendant in a civil lawsuit against the plaintiff.
44
What are court costs?
The expenses of prosecuting or defending a lawsuit, excluding attorney fees.
45
What is a court reporter?
A person who transcribes testimony during court proceedings.
46
What constitutes a crime?
An act in violation of the penal laws of a state or the United States.
47
What is the criminal justice system?
The network of courts and tribunals that deal with criminal law and its enforcement.
48
What are damages?
Money awarded by a court to a person injured by another person.
49
Who is a debtor?
A person or entity who owes a debt to another.
50
What is a deed?
A written legal document that describes a piece of property and outlines its boundaries.
51
What is a default?
Failure of the defendant to appear and answer the summons and complaint.
52
What is a default judgment?
A judgment entered against a party who fails to appear in court or respond to charges.
53
Who is a defendant?
The person defending or denying a suit.
54
What is a deposition?
Testimony of a witness or party taken under oath outside the courtroom.
55
What is disbarment?
Discipline of a lawyer resulting in the loss of the right to practice law.
56
What is a discipline agency?
A state agency responsible for investigating complaints about lawyers.
57
What is discovery?
A process prior to a trial in which each side obtains facts and information about the case.
58
What is dismissal?
The termination of a lawsuit by a court's finding that it should not proceed.
59
What is dismissal with prejudice?
When a case is dismissed for good reason, barring the plaintiff from bringing an action on the same claim.
60
What is dismissal without prejudice?
When a case is dismissed but the plaintiff is allowed to bring a new suit on the same claim.
61
What is domicile?
Where a person has his permanent home to which he intends to return.
62
What is double jeopardy?
Putting a person on trial more than once for the exact same crime; forbidden by the Fifth Amendment.
63
What is due process?
The concept that laws and legal proceedings must be fair.
64
What is the Equal Protection Clause?
Part of the Fourteenth Amendment that prohibits discrimination by state government institutions.
65
What is evidence?
Information presented in testimony or documents used to decide a case.
66
What is an expert witness?
A witness with specialized knowledge allowed to discuss an event in court even if not present.
67
What is expungement?
The process by which the record of a criminal conviction is destroyed or sealed.
68
What is extradition?
The surrender of an accused criminal by one state to another jurisdiction.
69
What is a felony?
A serious criminal offense, usually punishable by death or imprisonment for a term exceeding one year.
70
Define fiduciary.
A person or institution who manages money or property for another.
71
What is fiduciary duty?
An obligation to act in the best interest of another party.
72
What is a filing fee?
The fee required for filing various documents.
73
What is a grand jury?
A group of citizens convened to consider evidence and determine whether probable cause exists to prosecute a suspect.
74
Who is a guardian?
A person appointed to assume responsibility for incompetent adults or minor children.
75
What is a guardian ad litem?
A person appointed by the court to look out for the best interests of a child or other person during legal proceedings.
76
What is a hearing?
A formal proceeding with definite issues of law or fact to be heard.
77
What does indigent mean?
Needy or impoverished; refers to a defendant in a criminal case who may receive a court-appointed attorney.
78
What is an initial appearance?
When a defendant in a criminal case comes before a judge shortly after an arrest.
79
What is an injunction?
A court order which forbids or requires a party to do some act.
80
What are interrogatories?
A set of written questions sent to a party or witness during the discovery phase of a case.
81
What is joint and several liability?
A legal concept stating that each party responsible for an injury is liable for the total amount of damages awarded.
82
What is a judgment?
The decision of a court.
83
What is jurisdiction?
The power or authority of a court to hear and try a case.
84
What is a jury?
A group of individuals selected to determine the facts in a case after hearing evidence.
85
What is legal aid?
Legal services that may be available to persons or organizations unable to afford such services in civil matters.
86
What is a living will?
A written document stating a person's wishes regarding life-support or medical treatment in certain circumstances.
87
What is a magistrate?
A judicial officer exercising some functions of a judge.
88
What is maintenance in a divorce?
Money paid by one spouse to the other to fulfill financial obligations that come with marriage.
89
What is mediation?
A private, informal way to resolve a dispute with the aid of a neutral third person.
90
What is a misdemeanor?
A criminal offense lesser than a felony, generally punishable by fine or imprisonment for less than one year.
91
What is a mistrial?
A fundamental error in a trial that necessitates starting the trial again.
92
What does moot mean?
Referring to a case or point not subject to judicial determination because it involves an abstract question.
93
What is a motion?
A request made to a court or judge seeking a ruling or order.
94
What is a motion to dismiss?
A request by the defendant asserting that the plaintiff is not entitled to legal relief.
95
Define negligence.
Failure to use care which a reasonable and prudent person would use under similar circumstances.
96
What is a no-fault divorce?
A divorce where it doesn't matter who caused the marriage to break down.
97
What is a notary public?
A person authorized by a state to administer oaths or certify documents.
98
What is an oath?
A solemn pledge made under a sense of responsibility.
99
What is an opinion in legal terms?
A judge's written explanation of a decision.
100
What is negligence?
Failure to use care which a reasonable and prudent person would use under similar circumstances.
101
Define no-fault divorce.
A divorce in which it doesn't matter who did what to whom that caused the marriage to break down; all that matters is that there is no reasonable prospect of reconciliation.
102
Who is a Notary Public?
A person who has been authorized by a state to administer oaths or certify documents.
103
What is an opinion in legal terms?
A judge's written explanation of a decision of the court or of a majority of judges.
104
What is a dissenting opinion?
An opinion that disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based.
105
What is a concurring opinion?
An opinion that agrees with the decision of the court but offers further comment.
106
What is a per curiam opinion?
An unsigned opinion of the court.
107
Who is a paralegal?
A person, usually with special training but who has not earned a law degree, who works under the supervision of a lawyer.
108
What is a petitioner?
The person filing a lawsuit or action in a court or who appeals the judgment of a lower court.
109
Define plaintiff.
A person who brings a lawsuit or action; the party who complains or sues in a civil action.
110
What is a plea?
The defendant's statement that he or she is guilty or not guilty.
111
What are pleadings?
The written statements of fact and law filed by the parties to a lawsuit.
112
What is a preliminary hearing?
A legal proceeding where a prosecutor presents evidence to a judge to show probable cause that a crime was committed.
113
What does pro bono mean?
Work done by a lawyer without compensation, for the public good.
114
What does pro se mean?
A Latin phrase that means for himself; a person who represents himself in court.
115
Define probate.
Court proceeding by which a will is proved valid or invalid.
116
What is a probate court?
The court with authority to supervise estate administration.
117
Who is a prosecutor?
A trial lawyer representing the government in a criminal case.
118
What is a public defender?
Government lawyer who provides free legal defense services to a poor person accused of a crime.
119
Define reasonable doubt.
An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a reasonable doubt.
120
What is a reply?
The response by a party to charges raised in a pleading by the other party.
121
Who is a respondent?
The person against whom an appeal is taken.
122
What is a retainer?
The fee which the client pays when he or she retains the attorney to act for them.
123
What are rules of evidence?
Standards governing whether evidence in a civil or criminal case is admissible.
124
What does self help refer to in legal terms?
When a person handles a legal matter on their own, without using a lawyer.
125
Define standard of proof.
Indicates the degree to which the point must be proven in a court case.
126
What is standing?
The legal right to bring a lawsuit.
127
What is the statute of limitations?
A statute which limits the right of a plaintiff to file an action within a specified time period.
128
What is a stipulation?
An agreement between the parties involved in a suit, agreeing that a certain fact or law will be assumed to be true or relevant.
129
What is a subpoena?
An order compelling a person to appear to testify or produce documents.
130
What is summary judgment?
When a court gives its judgment that there is no dispute as to the facts of the case.
131
What is a summons?
A legal document used to begin a civil case or to tell a person they must appear in court.
132
What is a temporary restraining order?
An emergency but temporary order by a court used when immediate or irreparable damages might result.
133
Define testimony.
The evidence given by a witness under oath.
134
What is a tort?
When a person or entity caused a civil wrong or injury.
135
What is a trust?
A legal device used to manage property established by one person for the benefit of another.
136
Who is a trustee?
The person or institution that manages the property put in trust.
137
What is venue?
Authority of a court to hear a matter based on geographical location.
138
What is a verdict?
A conclusion, as to fact or law, that forms the basis for the court's judgment.
139
Define will.
A legal declaration that disposes of a person's property when that person dies.
140
What is a witness?
A person who testifies in court and swears to give truthful evidence.
141
What are Words and Phrases Legally Defined?
A set of books in dictionary form which lists judicial determinations of a word or phrase.
142
What is worker's compensation?
1) A state agency which handles claims of workers injured on their jobs. 2) A benefit paid to an employee who suffers a work-related injury.
143
What is a writ?
A judicial order directing a person to do something.
144
What is a writ of certiorari?
An order issued by the Supreme Court directing the lower court to transmit records for a case.
145
What is a writ of execution?
An order of the court evidencing debt of one party to another.
146
What is a writ of garnishment?
An order of the court whereby property may be seized to pay a debtor's debt.
147
Define wrongful discharge.
When an employee is fired for reasons that are not legitimate.
