Shared Flashcard Set

Details

Essential Skills Paralegal
Legalise
31
Law
Professional
02/07/2012

Additional Law Flashcards

 


 

Cards

Term

 

 

 

 

Civil Law

Definition
An individual seeks court action and a violation of civil law typically does not carry a jail sentence with it.
Term

 

 

 

Damages

Definition

 

 

 

Monetary settlement.

Term

 

 

 

Doctrine

Definition

 

 

 

A line of legal thinking that a series of courts follows.  Even though it is not statutory in nature.  Doctrine of First Dog Bite Free.

Term

 

 

 

 

Venue

Definition
The physical location of the trial.
Term

 

 

 

Diversity of Citizenship

Definition
If two people from differing states get into an accident if the settlement being sought is over $75,000 then the out of towner can ask the be seen by a federal court in which the court uses the laws that apply in the state in which the incident occurred.
Term

 

 

 

Cause of Action/Claim for Relief

Definition
Are the specific facts stated in the complaint that are going to be alleged during the trial.  They are not proven in the complaint.
Term

 

 

 

Pleadings

Definition

complaint

answer

affirmative defense

counterclaim

Cross claim (third party complaint)

Reply

Term

 

 

 

 

Ad Damnum Cluase

 

Definition
The part of the complaint where the party states what he is asking the courts to do.
Term

 

 

 

Service of Process

Definition

 

Process = Summons and Complaint

Sommons and Complaint have been serviced/delivered to the defendant.

Term

 

 

 

Personal Service

Definition
The summons or complaint has been delivered in person to the defendant.
Term

 

 

 

Substitute Service

Definition
If the defendant has hired a person or company to accept service for them. 
Term

 

 

 

Registered Agent/Resident Agent

Definition
The person or company that accepts service for another.
Term

 

 

 

Jurisdiction

Definition
The legal power the court has to determine the outcome of a legal dispute.
Term

 

 

 

In Personam Jurisdiction

Definition
If either party lives in the authorized area of a court that court could hear their case.
Term

 

 

In Rem Jurisdiction

Definition
If the property exsists or the dispute happened within the authorized area of the court.
Term

 

 

 

Quasi In Rem Jurisdiction

Definition
If the property of a settlement caused by a lein is within the autherized are of the court.  If the property is in another jurisdiction the judgement creditor would have to file a montion in that courts jurisdiction. 
Term

 

 

 

Lis Pendens

Definition
Anyone looking to buy a property which has a lein against it is notified by the attorney that it may be seized due to a litigation.
Term

 

 

 

Lien

Definition
Once a judgement has been obtained a lien maybe attached to the title preventing its sale or transfer.
Term

 

 

 

Affirmative Defense

Definition
It is usually found in the answer but is a seperate legal entity.
Term

 

 

 

Motion

Definition
A request to the court that they attend to a procedural matter involving the trial.
Term

 

 

 

Litigation

Definition
The process of going to trial.
Term

 

 

 

Discovery

Definition

A Fact Finding Tool:

Interrogatories

Request for Admissions

Request for Production of Documents

Request for Mental or Physical Examination

Depositions

Term

 

 

 

Certificate of Mailing

Definition
A paragraph at the end of many pleadings, motions, and discovery documents stating what other parties the information has been sent to.
Term

 

 

 

Privilege

Definition

Self Incrimination (5th Amendment)

Attorney/Client

Doctor/Patient

Governmental Information

Husband/Wife (Spousal Communications)

Term

 

 

 

Judgement

Definition
The final determination of the court.
Term

 

 

 

Motion for Summary Judgement

Definition

Three different motions that request the judge to decide the case instead of the jury.

Motion for Summary Judgement (Pretrial)

Motion for Direct Verdict (Trial)

Motion for Judgement NOV (Post Trial)

Term

 

 

 

Stipulation

Definition
They do not have to call on witnesses and evidence as long as those facts are agreed upon by both parties.  It helps to streamline a hearing.
Term

 

 

 

Voir Dire

Definition
Jury selection of questioning of a potential witness.
Term

 

 

 

Challenges for Cause

Definition
The lawyer must have a reason for wanting to eliminate a juror.
Term

 

 

 

 

Peremptory Challange

Definition
This case the lawyer does not need a reason to dismess a juror.
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