Paralegal Terms Flashcards
What is the difference between robbed and burglarized?
Robbery includes the fear of force, or the actual use of force. It is a violent crime robbery is divined, as taking or attempting to take anything value from somebody by force, or threat of force or violence, and or by putting the victim in a dangerous situation.
Burglary is the unlawful entry of a structure to commit a felony or theft. A structure includes an apartment, barn, house, trailer, or houseboat when used as a permanent dwelling office railroad car stable or vessel i.e. ship. Automobiles are not, included in that definition. in addition, burglary is entry into a place or remaining in a place with the intent to commit a crime or an offense. It doesn’t have to be predicated on theft. Broken down robbery is a crime against the person while burglary is a crime against the building, or thing robbery is taking something through force of fear burglary is breaking in with an intent to commit a theft or a felony, and has the potential for violence.
Some crimes, such as home invasions, have bribes of both burglary and robbery 
What is a summary judgment?
A summary judgment also referred to as a judgment, as matter of law, or summary disposition, is a judgment injured into a court for one party against another, without a full trial. summary judgment only applies in civil cases. 
What does Stare Decisis mean? (stare-y di-sigh-sis). Give an example.
 a doctrine or policy of following rules or principles laid down in previous judicial decisions unless they contravene the ordinary principles of justice
Basically, it means that past court decisions, known as precedent, largely determine the outcome of future cases.
For example, the US Supreme Court says the police have to advise suspects of their rights whenever the suspects are taken into custody. Stary Decisis says this rule will be followed in any other court that considers the same issue in a criminal case.
What does Pro Se mean
On Ones behalf. Representing yourself in court.
What does Res Ipsa Loquitur mean? Give an example and what are the three parts to it.
The things speak for itself. Such as a woman walking down the street and gets hit with a bucket of paint. She can sue the paint company or contractor. It comes under tort law. There are three elements to it .
One it Has to be negligence, impossible for the injured party to participate in.
It Has to be negligence
It is in the hands of the defendant
What does Certiorari mean?
( ser-chee - o- rari)
In Latin, it means to be more fully informed. A writ of certiorari orders of lower court, to deliver its record in a case so that the higher court may review it.
What are the elements of negligent action?
Duty of Care, breach, and causation. If you can prove those, then the final part of an negligence claim involves damages.
What is a litigant?
One who is suing or being sued.
What is the paralegals goal regarding stare decisis?
The paralegal goal is to find the most applicable case, known as case law and statutes integrate that authority into a memorandum of law, or a brief and present that memo or brief to the supervising attorney.
What is a case of first impression?
The case of first impression is one where there is no prior precedent or stare decisis . One example would be the use of DNA for identification of individuals whose DNA has shown up at a crime scene. It wasn’t a thing until it was a thing.
What are the three branches of government?
Legislative branch: the branch that makes the laws
The executive branch: enforces the laws
Judicial branch: interprets the laws
What does federalism mean? Give an example.
It is dividing power between the federal government and the state government. They each have their own form of legal sovereignty.
For example, only the federal government has the power to mint money or declare war. States on the other hand, regulates such things as drivers licenses, car, registrations, marriages, and divorces. Both have authority over criminal conduct, but states can outlaw crimes that occur within their borders, while the federal government can prosecute the same crimes that cross state boundaries..
What is statutory law?
Those are the rules and regulations we all have to follow to avoid liability or arrest. They are created at both the federal and state levels through the legislative branch, which consists of the House and of the Senate.
** note** be careful of the spelling. Statute is a law statue, Is Lady liberty.
How do you enact a statute?
A bill must be passed by The bicameral Legislature. That means by both The House And the Senate except in the case of Louisiana. Each bill goes to a specific related committee. If the bill passes in both houses and no major changes have been made it is sent to the governor or the president to sign. If the bill is significantly different any of the house or the Senate, then the bill gets sent  through a committee in both houses. if the bills are different, it goes to a conference committee to try to iron out any differences. Then the bill is sent to either the president or the governor to be signed into law. If the bill does not get passed by the house or the Senate, the bill dies.
After the bill passes out of both chambers it goes to the president or the governor to be signed into law. If the president or governor vetoes the bill the bill can be resurrected by a super majority vote to override the veto. Super majority means that 2/3 of each house has to vote in favor of overriding the veto. 
What power does the executive branch have?
Not only does the executive branch have to sign in legislature. They also have the responsibility of enforcing that legislation. But since they themselves cannot enforce the laws, that is why we have multiple layers of law enforcement such as FBI, CIA,DEA and HUD. These are administrative agencies and are often collectively referred to as the bureaucracy.

What powered does the administrative agencies have?
Agencies also have some legislative power and they can create the law. In certain instances they exert their control through the process of administration rulemaking and are called administrative regulations. Administrative agencies may even act like courts when they engage in quasi, judicial proceedings, known as adjudicatory hearing. The agencies can make decisions that affect the rights of individuals much like a quart of law.
Give an example of an administrative regulation.
The IRS was created to implement the tax code. If I have a problem with this federal income tax, I contact the IRS only after I have exhausted administrative remedies can I take this case to court.
What powers does the judicial branch have? Give an example.
The judicial branch interpret the laws that the other two branches of government create and enforce period it is sometimes sad that the courts actually make law. This judge made law appears in the form of judicial opinions. Did judicial branch act as a check and balance on the other two branches of government.
One example of this check and balances power over the legislature occurs when a court declares a statute unconstitutional. That statute then Hass to be thrown out and becomes unenforceable, but the ledges can place a check on the courts by an acting and statute that says the courts don’t have the authority to hear specific type cases .
What is the limit of the legislation over courts?
Courts may not be completely stripped of their judicial authority, but their jurisdiction, which means the power and authority to hear a particular type of case can be narrowed to a significant degree. Historically Congress has tried to find ways to narrow the jurisdiction of the federal courts in this manner.
One recent example involves proposals to strip federal courts of their ability to decide cases dealing with abortion. But the president can also act as and balance on the courts by refusing to enforce the courts orders.
What are the levels of the US judicial system?
Each three branches, the executive, the legislative, and the judicial branch exist in all three levels of US government: federal, state and local. 
One of four criteria must be meant in order for a case to be heard in the federal court. What are these 4 qualifications?
One. Controversies that involved the US government, the US Constitution or federal laws. This is called the federal question jurisdiction.
2. Disputes between two different states, or between the United States, and a foreign government.
3. Cases that involve diversity of citizenship of the litigants.
4. Matters that involved bankruptcy.
If you work with a federal court system, what are the three levels of adjudication?
Original jurisdiction, the courts of appellate jurisdiction, and the court of last resorts.
What is the courts of original jurisdiction?
The court word action is initiated in first heard
Where are courts of original jurisdiction located?
There is at least one US District Court comprised of the federal courts of original jurisdiction, situated throughout the country Washington DC, and its territories. There is at least one federal district court at every state and territory of the United States.
What powers does a federal judge have?
According to the US Constitution of federal judge is appointed for life and their pay cannot be reduced while they are in office. This is another check in balance against the president in Congress, so federal courts can’t be completely stripped of their authority. These courts are basic units of trial, courts, or courts of original jurisdiction in the federal court system.
