Chapter 4

Question 1

Regulation

Answer 1

A rule or restriction designed to control the conduct of an organization or individual; issued by a governmental body or nongovernmental body.

Question 2

Pro se

Answer 2

Appearing for or representing oneself.

Question 3

Litigants

Answer 3

A party in a lawsuit.

Question 4

Pleading

Answer 4

A formal litigation document filed by a party that states or responds to the claims and defenses the parties have against each other.

Question 5

Bankruptcy petition preparer (BPP)

Answer 5

Someone authorized to charge fees for preparing a bankruptcy petition or any other bankruptcy document that a self-represented debtor will file in a federal court.

Question 6

Exemptions

Answer 6

The right of a debtor to keep designated property rather than make it available to creditors who satisfy debts in bankruptcy.

Question 7

Discharged

Answer 7

Forgiving a debt so that it s no longer owed.

Question 8

Legal document assistant (LDA)

Answer 8

In California, they are authorized to charge fees for providing self-help assistance to anyone representing themselves in a legal matter.

Question 9

Unlawful detainer assistant (UDA)

Answer 9

In California, they are authorized to charge fees for providing self-help assistance to landlords or tenants in actions for the possession of land.

Question 10

Ministerial

Answer 10

Involves a duty that is to be performed in a prescribed manner without the exercise of judgment or discretion.

Question 11

Bond

Answer 11

An obligation to perform an act upon the occurrence of a designated condition.

Question 12

Legal document preparer (LDP)

Answer 12

In Arizona, they are authorized to charge fees for providing self-help assistance to anyone representing himself or herself in a legal matter.

Question 13

Antitrust law

Answer 13

The law governing unlawful interferences with competition like through price fixing, monopolies, and other restraints of trade.

Question 14

Statements of principles

Answer 14

Guidelines negotiated by bar associations and specified law-related occupations that distinguish between what does not constitute the unauthorized practice of law and what does.

Question 15

Minimum-fee schedule

Answer 15

A bar association list of the lowest fees an attorney can ethically charge for specific kinds of legal services.

Question 16

Counterclaim

Answer 16

A claim by one side in a case that is filed in response to a claim asserted by an opponent.

Question 17

Court of record

Answer 17

A court that is required to maintain a record of the proceedings and everything that occurred before it.

Question 18

Calendar call

Answer 18

The time in court when a case in the calendar us called for a determination by the judge of the next step in the proceeding.

Question 19

Ex parte

Answer 19

With only one side present when court action is requested.

Question 20

Ex parte order

Answer 20

A court order requested by one party and issued before notice is given to the other party.

Question 21

Memoranda of law

Answer 21

A written explanation of how one or more rules might apply to the facts of a client’s case.

Question 22

Appellate briefs

Answer 22

A document that a party files with an appellate court to present arguments on why the court should approve, reverse, cancel or modify what a lower court has done.

Question 23

Jailhouse lawyer

Answer 23

An inmate who has a limited right to provide other inmates with legal services if the institution does not provide adequate alternatives to such services.

Question 24

Litigious

Answer 24

Inclined to resolve disputes through litigation.

Question 25

Adversary system

Answer 25

A method of resolving a legal dispute whereby the parties argue their conflicting claims before a neutral decision maker.

Question 26

Supremacy Clause

Answer 26

The clause in the U.S. Constitution that has been interpreted to mean that when valid federal law conflicts with state law, federal law controls.

Question 27

Separation of powers

Answer 27

The constitutional requirement that each of the legislative, executive, and judicial branches of government limit themselves to the powers granted to them; must determine which branch the state constitution gives the power to regulate the practice of law.

Question 28

Administrative Procedures Act (APA)

Answer 28

The statue that governs procedures before federal administrative agencies.

Question 29

Patent agent

Answer 29

Someone licensed to prepare and submit patent applications before the U.S. Patent and Trademark Office

Question 30

Enrolled agent

Answer 30

Someone who is licensed to represent taxpayers before the IRS.

Question 31

Administrative law judge (ALJ)

Answer 31

A government officer who presides over a hearing at an administrative agency.

Question 32

Justice gap

Answer 32

The large numbers of people who do not have access to legal assistance.

Question 33

Limited practice officer (LPO)

Answer 33

In Washington State, they are authorized to select and prepare approved legal documents for designated property transactions.

Question 34

Limited License Legal Technician (LLLT)

Answer 34

In Washington State, they are authorized to engage in the limited practice of law in approved areas of practice.

Question 35

Fair Labor Standards Act (FLSA)

Answer 35

The federal statute that regulates conditions of employment such as when overtime compensation must be paid.

Question 36

Vicarious liability

Answer 36

Liability imposed on a person for the conduct of another; based solely upon the status of the relationship between the two.

Question 37

Personal liability

Answer 37

Liability that can be satisfied out of a wrongdoer’s personal or business assets.

Question 38

Statute of limitations

Answer 38

A law stating that civil or criminal actions are barred if not brought within a specified period of time.

Question 39

Malicious prosecution

Answer 39

A tort that involved civil or criminal legal proceedings without a probable cause, with malice or an improper purpose, and the proceedings terminated in favor of the person against whom they were brought.

Question 40

Abuse of process

Answer 40

A tort that involved civil or criminal proceedings or a purpose for which the process is not designed.

Question 41

Malpractice

Answer 41

Any professional misconduct that violated ethics, breached fiduciary duty, was criminal, a tort, or other wrongdoing.

Question 42

Occurrence policy

Answer 42

Insurance that covers all occurrences during the period that the policy is in effect, even if it is not filed until after the policy expires.