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Law 102 > Chapter 1, 2, 3, & 4 > Flashcards

Chapter 1, 2, 3, & 4 Flashcards

1
Q

Paralegal

A

A person who performs certain substantive legal work for and delegated by a lawyer, under the lawyer’s supervision and for which the lawyer if responsible

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2
Q

Legal Assistant

A

Is a paralegal

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3
Q

Substantive Law

A

Law the defines the rights and duties of persons

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4
Q

Procedural Law

A

Law that sets forth the procedures, or methods, used to enforce a legal right by bringing a civil action, or a criminal prosecution

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5
Q

Legal specialty area

A

A separate and distinct area of law in which a lawyer or paralegal practices

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6
Q

Litigation

A

The area of law that deals with the court system and the process of resolving legal disputes in the civil law system

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7
Q

Corporate Law

A

Is the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment interact with one another.

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8
Q

Criminal law

A

The system of law that deals with public wrongs, known as wrongs against society, for which punishment may be imposed

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9
Q

Family law

A

Legal specialty area dealing with prenuptial agreements, marriage, divorce, child custody and support, paternity, adoption, and the like; it is also called domestic relations law

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10
Q

Real Estate law

A

Legal specialty area dealing with transactions involving real property

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11
Q

Securities law

A

Legal specialty area dealing with the regulation of securities, such as stocks and bonds

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12
Q

Bankruptcy law

A

Legal specialty area dealing with federal judicial proceedings commenced when an entity or individual cannot pay debts

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13
Q

Boutique firm

A

A small firm that specializes in a certain practice area, such as bankruptcy law or family law

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14
Q

Environmental law

A

Legal specialty area dealing with laws and regulations designed to protect the environment

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15
Q

Labor and employment law

A

Legal specialty area dealing with laws regulating the employment relationship, workplace safety, and collective bargaining

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16
Q

Immigration law

A

Deals with laws and regulations regarding citizenship, the right to be and work in the United States, naturalization, deportation, and the like

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17
Q

Banking law

A

Legal specialty area involving rules and regulations governing financial institutions, such as banks, savings and loan companies, and credit unions

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18
Q

Elder law

A

Legal specialty area dealing with laws serving the needs of elderly Americans

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19
Q

Intellectual property law

A

Legal specialty area covering patents, copyrights, trademarks, and trade secrets

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20
Q

Law firm

A

A for-profit organization whose business is the provision of legal services

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21
Q

Sole Proprietorship

A

A form of business organization created when a person goes into business by herself

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22
Q

Sole Proprietor

A

Owner of a sole proprietorship

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23
Q

Solo Practitioner

A

When the sole proprietorship is a law firm…the sole proprietor may be called this

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24
Q

Partnership

A

An association of two or more persons who carry on, as co-owners, a business for profit

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25
Q

Partner

A

Is an owner of a partnership

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26
Q

Managing partner

A

A partner to whom management of the law firm is delegated

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27
Q

Associate attorneys

A

Non-owner employees of the law firm partnership who are also attorneys

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28
Q

Staff attorneys

A

Attorneys employed by the law firm partnership but who are not on a partnership, meaning ownership, track

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29
Q

Contract attorneys

A

Attorneys who are not employed by the law firm, but who are independent contractors hired to perform legal work on a project-by-project basis

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30
Q

Summer associates

A

Law school students who work for a law firm in the summer or part-time while attending law school; they are also called law clerks

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31
Q

Professional Corporation

A

Corporation formed by licensed professionals, such as doctors or lawyers

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32
Q

Limited liability corporation

A
  • LLC
  • A hybrid form of business organized authorized by state statute that permits the organization to elect to be treated like a partnership for income tax purposes while maintaining limited liability protection for its owners.
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33
Q

Networking

A

Process of making personal connections and establishing professional relationships with others in a profession, such as the paralegal profession

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34
Q

Internship

A

Where a student performs supervised training in her field of study

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35
Q

Cover letter

A

Correspondence that introduces a job applicant and briefly and effectively states why she is interested in, and qualified for, the position

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36
Q

Resume

A

Clear and concise summary of a job applicant’s employment and educational background

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37
Q

Law

A

Body of rules of conduct and procedure that are established, recognized, and enforced to govern a society

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38
Q

Substantive law

A

Law that defines the rights and duties of persons

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39
Q

Procedural law

A

Law that sets forth the procedures, methods, or process used to enforce a legal right via a civil or criminal action

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40
Q

Constitutional law

A

Law found in the federal and state constitutions

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41
Q

Bill of Rights

A

Comprised of the first 10 amendments to the U.S. Constitution

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42
Q

Common law

A

Law established by judges in the courts; is it also called case law

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43
Q

Precedent

A

An earlier court ruling that decided a case involving a similar legal issues and based on similar facts

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44
Q

Doctrine of stare decisis

A

Legal doctrine that requires a court to follow precedent established by a higher court within that jurisdiction

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45
Q

Binding authority

A

Legal authority that must be followed by a court in deciding a case. Its consists of decisions made by higher courts in the jurisdiction as well as statutes from the jurisdiction. It is also called mandatory authority.

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46
Q

Case of first impression

A

A court case on which there is no binding precedent to base a decision

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47
Q

Persuasive authority

A

Legal authority that is not binding on a court, but may be used as guidance by the court in making its decision. Besides court opinions, persuasive authority includes legal encyclopedias, law reviews, and other scholarly legal periodicals. It is also called persuasive precedent.

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48
Q

Statutory law

A

Law enacted by legislatures at any level of government

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49
Q

Statutes

A

Law enacted by legislatures, at the state and federal levels of government

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50
Q

Ordinances

A

Law enacted by local governments

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51
Q

Administrative law

A

Law made by administrative agencies of the government

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52
Q

Enabling legislation

A

Legislation, meaning statutes, that create administrative agencies

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53
Q

Civil law

A

The system of law dealing with the definition and enforcement of all private or public rights

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54
Q

Criminal law

A

The system of law defining and governing actions that constitute crimes as defined by statutes

55
Q

Litigation

A

Process of carrying on a civil action

56
Q

Lawsuit

A

Civil legal action brought by a party against another

57
Q

Plaintiff

A

The party bringing suit in a civil case

58
Q

Defendant

A

The part being suit in a civil case, or the party being prosecuted in a criminal case

59
Q

Burden of proof

A

A party’s duty to prove a disputed assertion in a lawsuit or prosecution

60
Q

“Preponderance of he evidence”

A

The standard of proof typically applied in a civil case, by which the party must demonstrate that it is more likely than not that the allegations are true

61
Q

Liability

A

Legal responsibility

62
Q

Remedies

A

Judicial awards by which legal rights are enforced and the violations of rights are compensated

63
Q

Prosecution

A

Legal action brought against a criminal defendant alleging the commission of a crime

64
Q

“Beyond a reasonable doubt”

A

Standard of proof applied in a criminal case, by which the prosecution must prove the case sufficiently so that there is no reasonable doubt in the mind of any juror that the defendant committed the crime

65
Q

Guilty

A

A verdict that means the criminal defendant is convicted of committing the crime

66
Q

Penalties

A

Imposed on a defendant found guilty in a criminal prosecution

67
Q

Civil Procedure

A

Body of procedural law that governs the process of civil litigation

68
Q

Complaint

A

A document that initiates a lawsuit by setting forth the plaintiff’s claim, the basis for the court’s jurisdiction over the matter, and a demand for a remedy.

69
Q

Summons

A

A court order directing a defendant to appear in court and answer the complaint

70
Q

Service of process

A

The act of delivering to the defendant that plaintiff’s complaint and the court’s summons

71
Q

Default judgment

A

Judgement entered by a court against the party who fails to respond to a claim brought against him

72
Q

Answer

A

The defendant’s response to the allegations made in the plaintiff’s complaint

73
Q

Affirmative defense

A

A response to a plaintiff’s claim that asserts why the defendant should not be held liable to the plaintiff

74
Q

Counterclaim

A

A claim made by the defendant against a plaintiff

75
Q

Cross-claim

A

Claim made by a defendant against another defendant in the same case or a claim made by a plaintiff against another plaintiff in the same case

76
Q

Motion to dismiss

A

A request made to the court by the defendant after the filing of the complaint asking the court to dismiss the action

77
Q

Motion for judgment on the pleadings

A

A motion filed by either the plaintiff or the defendant in an action asking the court to enter a judgement in her favor based on the information contained in all the pleadings

78
Q

Motion for summary judgment

A

A motion filed by either the plaintiff or the defendant in an action asking the court to enter a judgment in her favor based not only on the information contained in the pleadings but also on other supporting evidence from outside the pleadings

79
Q

Discovery

A

The process of searching for an obtaining information and evidence relevant to the case

80
Q

Interrogatories

A

Written questions prepared by a party, submitted to the other party, to be answered under oath

81
Q

Request for production

A

Requests by a party to another party for documents or other tangible things

82
Q

Request for examination

A

Requests by a party to the court asking the court to order the other party to submit a physical or mental examination

83
Q

Requests for admission

A

Requests by a party to the other party asking for admission to the truth of certain matters relating to the lawsuit

84
Q

Settlement agreement

A

A contract entered into by the parties to a lawsuit that sets forth the terms and conditions of the resolution and settlement of the dispute

85
Q

Release

A

A document that formally relinquishes a legal claim

86
Q

Pretrial conference

A

A meeting between the attorneys and the judge, help prior to trial, to discuss possible settlement as well as trial mattes

87
Q

Jury selection

A

Process of assembling a panel of jurors to hear a case

88
Q

Voir dire

A

Juror selection process where the attorneys or judges question prospective jurors in the case to determine who among them might be favorable to, or biased against, a particular party

89
Q

Opening statement

A

A brief summary by an attorney of the client’s position and evidence, offered at the start of a trial

90
Q

Direct examination

A

The questioning of a party or witness by the side that calls her to testify

91
Q

Cross-examination

A

The questioning of a party or witness by the opposing side

92
Q

Redirect examination

A

The re-questioning of a witness after the other side’s cross-examination

93
Q

Recross-examination

A

The re-questioning of an opposing witness after the other side’s redirect examination

94
Q

Motion for directed verdict

A

motion made to the court by the defendant’s favor. when the plaintiff has offered such insufficient evidence that no reasonable jury could rule in the plaintiff’s favor

95
Q

closing arguments

A

summarizations by the attorneys of their clients’ cases emphasizing their sides’ strengths and the other side’s weaknesses;they are also called closing statements or summations

96
Q

jury instructions

A

rules of law given by the judges to the jury that the jury must apply to the facts of the case in order to render a verdict in the case

97
Q

deliberate

A

the jury retires to the jury room to discuss the evidence and work toward a verdict

98
Q

verdict

A

the jury’s decision

99
Q

enforce a judgement

A

to collect the money or other property owed to the winning party by the losing party to civil litigation

100
Q

execution

A

legal process where assets of the losing party to litigation are taken and or sold to pay an adverse judgement

101
Q

judgement debtor

A

a litigant who owes a money judgement and has failed to pay it

102
Q

judgement creditor

A

litigant who has been awarded a money judgement and has not be paid

103
Q

writ of execution

A

a court order granting the judgement creditor the right to pursue the judgement debtor’s assets to satisfy the monetary judgement owed

104
Q

motion for judgment notwithstanding the verdict

A

a motion brought by the losing party asking the court to enter judgement in its favor on the basis that the verdict was clearly unsupported by the evidence at trial

105
Q

motion for new trial

A

a motion made by the losing party that ask the court to order a new trial because there were significant legal errors in the conduct of the first one

106
Q

appeal

A

a legal proceeding undertaken to have a court’s decision reviewed by a higher court

107
Q

record on appeal

A

consists of the trial court transcript, the pleadings, and exhibits and is used during appellate review of a case

108
Q

affirm

A

to uphold a lower court’s decision

109
Q

modify

A

change the lower court’s decision

110
Q

reverse

A

overrule, or rule against, the lower court’s decision

111
Q

remand

A

send a case back to the trial court for further proceedings

112
Q

criminal procedure

A

the body of procedural law that governs the process of criminal prosecutions

113
Q

arrest

A

the taking into custody of a person in response to a criminal investigation

114
Q

booking

A

the recording of the suspect’s name, offense, and time of arrival in the police blotter

115
Q

police blotter

A

a log, or record book, of daily arrests at a police station

116
Q

probable cause

A

a reasonable suspicion that a crime was committed by the suspect

117
Q

criminal complaint

A

a legal document containing a statement of the charges that are being brought by the government against the suspect and the basis for them

118
Q

magistrate

A

a judicial officer with limited law enforcement and administration authority

119
Q

initial appearance

A

when the defendant appears before a magistrate soon after arrest to determine whether or not there is probable cause for his arrest

120
Q

bail

A

an amount of money that a defendant can post, the amount of which is set by the court, sufficiently high enough to ensure that the defendant will appear in court to answer the criminal charge

121
Q

bail bondsman

A

a person who pledges money or property as bail for a criminal defendant

122
Q

preliminary hearing

A

an evidentiary and adversarial hearing to determine whether there is enough evidence to bring the criminal defendant to trial

123
Q

information

A

a formal accusation that takes the place of the criminal complaint and that initiates the criminal prosecution

124
Q

grand jury

A

is a group of people who are selected, convened , and sworn in by a court to determine whether the prosecutor has sufficient evidence to support the finding that there is probable cause to prosecute a defendant

125
Q

indictment

A

a formal accusation by a grand jury that a defendant has committed a crime, it is also called a true bill

126
Q

arraignment

A

the court’s formal reading of a criminal complaint in the presence of the defendant

127
Q

plea bargain

A

an agreement between the prosecution and the criminal defendant that the defendant plead guilty to a lesser charge or to the original change but with the prosecution’s recommendation of a sentence of less than maximum allowed by law, and that is subject to court approval; also called a plea agreement, plea deal, or the result of a copping a plea

128
Q

bench trial

A

a trial where a judge hears and decides the case

129
Q

misdemeanor

A

is a lesser crime, meaning a crime less serious than a felony and usually punishable by a fine and or incarceration for one year or less

130
Q

jury trial

A

a trial where a jury hears and decided the case

131
Q

felony

A

a more serious crime than a misdemeanor, usually punishable by a fine, incarceration for more than one year and or death

132
Q

acquittal

A

is a “not guilty” verdict rendered at the end of a criminal prosecution

133
Q

sentencing

A

the process of a court imposing penalties on a defendant found guilty of committing a crime

134
Q

sentencing hearing

A

a hearing held sometime after the guilty verdict is rendered when the court hears arguments and evidence from both sides of a prosecution regarding aggravating and mitigating factors the court should consider in sentencing the defendant

Law 102 (1 decks)

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