Term
| model rules of professional conduct |
|
Definition
| a set of ethical rules developed by the american bar association in the 1980s. the model rules have been adopted by most of the states. |
|
|
Term
|
Definition
| the ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or clients case. |
|
|
Term
| attorney-client privilege |
|
Definition
| a rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information. |
|
|
Term
|
Definition
| the ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case. |
|
|
Term
| concurrent conflict of interest |
|
Definition
| simultaneously representing adverse clients |
|
|
Term
| successive conflict of interest |
|
Definition
| representing someone who is in a position adverse to a prior client. |
|
|
Term
|
Definition
| a situation in which a conflict of interest may arise in the future- for example: representing business partners. |
|
|
Term
|
Definition
| a rule whereby all members of a law firm are treated as though they had represented the former client |
|
|
Term
| ethical wall or screen or cone of silence |
|
Definition
| a system developed to sheild an attourny or a paralegal from a case that would otherwise would create a conflict of interest. (amy eats donkey balls.) |
|
|
Term
| unauthorized practice of law |
|
Definition
| when non-lawyers do things that only lawyers are allowed to do. in most states this is a crime. |
|
|
Term
|
Definition
| an activity that requires professional judgement or the educated ability to relate law to a specific legal problem. |
|
|
Term
|
Definition
| the educated ability to apply law to specific facts |
|
|
Term
|
Definition
| attorney compensation as a percentage of the amount recovered rather than a flat amount recovered rather than a flat amount of money or an hourly fee. |
|
|
Term
|
Definition
| a bank account used to hold money belonging to the client or to a third party |
|
|
Term
|
Definition
| a public or private statement that an attorney's conduct violated the code of ethics |
|
|
Term
|
Definition
| a determination that an attorney may not practice law for a set period of time |
|
|
Term
|
Definition
| the revocation of an attorney's license |
|
|
Term
|
Definition
| the failure to act reasonably under the circumstances. |
|
|
Term
|
Definition
| the failure of an attorney to act reasonably. |
|
|
Term
| proving a case within a case |
|
Definition
| the requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence, the client would have won. |
|
|
Term
|
Definition
| the law itself such as statues and court opinions |
|
|
Term
|
Definition
| a book that contains court opinion headnotes arranged by subject matter |
|
|
Term
|
Definition
| information about the law, such as that contained in encyclopedias and law reviews articles. |
|
|
Term
|
Definition
| generally accepted legal principals. |
|
|
Term
|
Definition
| a pamphlet inserted into the back of a book containing information new since the volume was published. |
|
|
Term
|
Definition
| a summary of one legal point in a court opinion; written by the editors at West. |
|
|
Term
|
Definition
| a decision is reversed when an appellate court overturns or negates the decision of a lower court. |
|
|
Term
|
Definition
| a decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law. |
|
|
Term
|
Definition
| information about what happened procedurally to the litigation after the case cited. include this information in a citation. there is no entry for the topic of Husband and Wife |
|
|
Term
|
Definition
| how subsequent cases have been affected the case you are Shepardizing. it is sometimes indicated by a one-letter abbreviation before the Shepard's citation. |
|
|
Term
|
Definition
| the process of using Shepards citaions to check a court citation |
|
|
Term
|
Definition
| computer codes that when clicked on with a mouse connect the user to other wed pages with related information |
|
|
Term
|
Definition
| the theory holding manufactures and sellers liable for defective products when the defects make the product unreasonably dangerous. |
|
|
Term
|
Definition
| liability without having to prove fault |
|
|
Term
|
Definition
| disregarding a substancial and unjustifiable risk that harm will result |
|
|
Term
|
Definition
| a method of measuring the relative negligence of the plaintiff and the defendant with a sharing of the compensation for the injuries. |
|
|
Term
|
Definition
| a provision that purports to waive liability |
|
|
Term
|
Definition
| once an actual cause is found as a policy matter, the court must also find that the act and resulting harm were foreseeably related as to justify liability. |
|
|
Term
|
Definition
| "cause in fact" this is where the defendants actions the plaintiff would not have been injured. |
|
|
Term
|
Definition
| "the thing speaks for itself" |
|
|
Term
|
Definition
| violation of a statue as proof of negligence |
|
|
Term
|
Definition
| unauthorized use of someones personality, name, or picture for the defendants benefit |
|
|
Term
|
Definition
| the unjustified intrusion into another persons private activities ie: eavesdropping. |
|
|
Term
|
Definition
| publicizing of embarrassing private affairs. |
|
|
Term
|
Definition
| an intentional tort that covers a variety of situations, including, disclosure, intrusion, appropriation, and false light. |
|
|
Term
|
Definition
| the publication of false statements that harm a persons reputation. |
|
|
Term
|
Definition
| the intermediate appellate courts in the fed system |
|
|
Term
|
Definition
| the general jurisdiction trial courts in the federal |
|
|
Term
|
Definition
| when an appellate court that normally sits in panels sits as a whole. |
|
|
Term
|
Definition
| a court where a permanent record is kept of the testimony. |
|
|
