Term
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Definition
| a legal concept generally accepted by most courts which, although often NOT LAW, offers guidance to the court. Legislatures will sometimes codify, or make into law, a popular doctrine. |
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Term
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Definition
| When a federal court hears a case based upon the fact that the parties are from different states, and that the amount of money claimed as damages exceeds a minimum set by federal statute, which is currently $75,000 |
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Term
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Definition
| document that informs the defendant that he is being sued and that he has a specific amount of time to respond. |
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Term
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Definition
| the pleading that initiates litigation. filed by the plaintiff, the complaint contains the general allegations against the defendant. it is served with the summons. |
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Term
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Definition
| a legally valid reason to sue; one of the required elements of a complaint. |
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Term
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Definition
| a common legal phrase that qualifies a statement as being a fact, only to the best knowledge of the person making the statement. Equivalent to saying "This is what I believe happened" |
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Term
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Definition
| Element of a complaint that asks for damages; also called a "wherefore clause" or "prayer for relief" |
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Term
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Definition
| a document filed with the court asking the court to take some specific legal action. A motion asks the court to rule on a procedural matter. A pleading states a party's position in a legal action. |
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Term
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Definition
| authority of a court to hear and decide a case. |
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Term
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Definition
| Jurisdiction over a PERSON. |
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Term
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Definition
| Jurisdiction over the controversy, often PROPERTY. |
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Term
| quasi in rem jurisdiction |
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Definition
| Jurisdiction over PROPERTY, even though the property is not the controversy. |
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Term
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Definition
| a judgment by the court in favor of the plaintiff, based on the fact that the defendant failed to respond in a timely fashion. |
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Term
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Definition
| a request that the court take a specific procedural step. Pleadings usually state specific legal positions about the matter before the court, while motions (such as a motion to extend time to respond) are procedural in nature, and act as a request for an order. |
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Term
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Definition
| written statements the opposing party must admit or deny under penalty of perjury. failure to respond within a specified period of time (in most cases, 30 days) means that the statements will not be admitted. |
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Term
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Definition
| written questions to the opposing party that must be answered under penalty of perjury. |
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Term
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Definition
| the right to refuse to testify or to prevent someone else from testifying |
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Term
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Definition
| a haring at which only one party is present, such as a hearing on a motion for a restraining order. These are not common. |
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Term
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Definition
| the party against whom the third-party complaint was filed. the defendant in the original complaint becomes the "third-party plaintiff" |
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Term
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Definition
| asking the court to end a case without going to trial. |
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Term
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Definition
| a case is dismissed and MAY NOT be brought again, since the court has made up its mind about the case. |
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Term
| dismissal without prejudice |
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Definition
| a case is dismissed but may be filed again, since the court has not made up its mind about the matter (i.e., "dismissed without prejudice to refile.") |
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Term
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Definition
| document filed with the court to argue a legal issue, relying on law to support the party's position. Often filed in support of a motion, it attempts to convince the reader and only argues points favorable to the client. |
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Term
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Definition
| document filed with the court to argue a legal issue, relying on law to support the party's position. Often filed in support of a motion, it attempts to convince the reader and only argues points favorable to the client. |
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Term
|
Definition
| document filed with the court to argue a legal issue, relying on law to support the party's position. Often filed in support of a motion, it attempts to convince the reader and only argues points favorable to the client. |
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Term
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Definition
| a judicial officer who may preside over hearings, a magistrate does not have all the powers of a judge. He or she ordinarily deals with procedural matters. |
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Term
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Definition
| a meeting between the court and the parties for clarification of procedural matters and to promote settlement. |
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Term
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Definition
| an agreement between counsel for the parties regarding a fact, issue, or point that will not be disputed at trial. |
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Term
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Definition
| evidence from personal observation that tends to establish a fact without the need for an inference. Example: a witness who SEES a gun fired can give direct testimony as to a shooting. |
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Term
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Definition
| evidence of one fact that requires an inference to establish another fact. Example: a witness who hears a shot, turns around and sees a man holding a gun can give circumstantial evidence as to a shooting. |
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Term
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Definition
| evidence given orally, also called testimonial evidence. |
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Term
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Definition
| evidence that can be touched, also called tangible or demonstrative evidence |
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Term
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Definition
| the group from which a jury will be selected. |
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Term
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Definition
| to question prospective jurors |
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Term
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Definition
| a method of dismissing a juror for GOOD CAUSE shown. Challenges for cause are unlimited in number. |
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Term
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Definition
| a method of dismissing a juror for which NO REASON need be given. These challenges are limited in number, commonly three or six. |
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Term
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Definition
| court employee who keeps order in the courtroom. |
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Term
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Definition
| a person who sits to hear the entire case with the jury, but who will not deliberate or vote on a verdict unless one of the jurors is dismissed. Civil cases in many jurisdictions have no alternates. Instead, the parties and judge agree on the number of original jurors and on how many may be dismissed. |
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Term
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Definition
| the degree to which something must be proved at trial. the party making an allegation or claim generally bears the burden of proof. |
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Term
| preponderance of the evidence |
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Definition
| the burden of proof in civil cases means that it is MORE LIKELY THAN NOT that a fact is as a party alleges it to be. The burden of proof in criminal matters is BEYOND A REASONABLE DOUBT -- a higher standard. |
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Term
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Definition
| a rule that states that a witness in a case may not be in the courtroom during the testimony of other witnesses. Mostly used in criminal cases, it may be used in civil cases at the judge's discretion. |
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Term
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Definition
| the document issued under the authority of the court to compel the appearance of a witness. |
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Term
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Definition
| a document issued under authority of the court to compel the appearance of a witness and ordering the witness to provide specific documents. |
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Term
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Definition
| a discussion between the judge and attorneys, usually conducted at the judge's bench so that the jury cannot hear what is said. |
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Term
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Definition
| the tendency to cause bias, even where no bias existed previously. |
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Term
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Definition
| the value of pursuing an investigative or probing line of questioning. |
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Term
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Definition
| an attorney making statements or repeating a previously overruled motion to protect any right to appeal at a later point. |
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Term
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Definition
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Term
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Definition
| legal capacity to testify. the elements of competency are: 1) understanding the obligation to tell the truth, 2) knowledge of the topic of the testimony, and 3) ability to communicate. |
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Term
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Definition
| questioning the witness first. the party calling the witness to the stand conducts the direct examination. |
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Term
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Definition
| the party conducting direct examination conducts the redirect examination to clarify matters brought up during cross. The party conducting redirect cannot introduce a new line of questioning, but is limited to matters discussed during cross. |
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Term
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Definition
| after the direct examination. the other party may cross-examine the witness, but is LIMITED TO the topics brought up under direct questioning (within the "scope") |
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Term
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Definition
| the party conducting cross examination conducts the recross-examination, but is limited to matters brought up during redirect (most courts do not allow recross examination) |
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Term
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Definition
| the event or point at which a series of incidents begins, ultimately resulting in an event with damages. |
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Term
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Definition
| establishment of a duty, followed by a breach of that duty, resulting in damages. in order to be actionable, the negligence must have been the proximate cause of the damages. Negligence generally means an act is accidental, not intentional. |
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Term
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Definition
| the judge asks the jury to leave the room temporarily |
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Term
| List five forms of discovery, and define each. |
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Definition
Interrogatories: Written questions
Request for Admissions: Written statements which must be admitted or denied by the opposing party.
Request for Production: Request to view documents
Request for Mental or Physical Exam: Request that other party be subjected to a mental examination.
Depositions: Oral questions responded to under oath. Only form of discovery that can apply to non-parties, such as witnesses. |
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Term
| What is attorney work product? |
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Definition
| Documents prepared by or on behalf of the attorney in anticipation and are therefore not discoverable. |
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Term
| This rule states that when possible, the original document should be presented to the court. |
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Definition
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Term
| A conflict of interest on the part of a judge or potential member of the jury. |
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Definition
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Term
| Public disregard for the authority of the court. |
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Definition
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Term
| The method by which a deposition is made more accessible. |
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Definition
| digesting, also called deposition summaries |
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Term
| This is when one party communicates with the court without the other side being noticed, which is generally not allowed. |
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Definition
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Term
|
Definition
| An appeal made to the next highest court, asking that court to determine a specific issue (usually procedural), not the ultimate outcome of the case. An interlocutory appeal is made during or before the trial. |
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Term
| What is the difference between a lis pendens and a lien? |
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Definition
A lis pendens notifies a potential buyer of a piece of real property that the property is in dispute.
A lien puts a financial encumbrance on the title that must be settled prior to sale of the property. A judgment is generally required (except for Mechanics Liens). |
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Term
| Define Motion for Summary Judgment, Motion for Directed Verdict, and Motion for Judgment NOV. |
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Definition
Motion for Summary Judgment
A pretrial motion asking that the court determine the outcome of the case based upon the pleadings and motions rather than going to trial with a jury. The argument is that there are no material facts in dispute, only law, and since the jury is the trier of fact, there is no need for a jury or trial. A Motion for Summary Judgment may also refer to a motion to limit the issues that will be dealt with at trial. This is sometimes called a Partial Summary Judgment.
Motion for Directed Verdict
When the court is asked to decide the outcome of the case during the trial, due to the fact that the Plaintiff has failed to establish a prima facie case.
Motion for Judgment NOV (Not withstanding the verdict)
A motion asking the court to disregard the jury’s verdict, replacing it with a verdict of its own. |
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Term
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Definition
| The right to refuse to testify or to prevent another person from testifying. |
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Term
| Person who "owns" the priviledge. |
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Definition
| The person who is in jeopardy from criminal charges. |
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Term
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Definition
| A person or company who accepts service on behalf of others. |
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Term
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Definition
| The civil equivalent of double jeopardy. It means that once a matter has been tried on the merits, that matter cannot be re-litigated. |
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Term
| stipulate, or stipulation |
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Definition
| When parties agree upon something that, therefore, will not be disputed at trial. |
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Term
| admissible, or admissibility |
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Definition
| This means the jury will be allowed to consider certain evidence. |
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Term
| When an attorney represents someone in court, he is making an ______________. |
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Definition
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Term
| the legal capacity to testify |
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Definition
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Term
| dismissal without prejudice |
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Definition
| To dismiss a case for procedural reasons, allowing the matter to be brought again. |
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Term
| difference between direct and circumstantial evidence. |
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Definition
| Direct evidence involves personal observation. Circumstantial evidence, however, requires an inference. Both are good evidence. |
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Term
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Definition
| To ask questions of a person under oath |
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Term
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Definition
| The party calling the witness to the stand conducts this, which is to question the witness. |
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Term
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Definition
| To attach a part of a debtor’s salary. |
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Term
|
Definition
No, unless it falls under an exception.
or
Yes, but only if it falls under an exception. |
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Term
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Definition
| Service upon a registered, or resident, agent. |
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Term
| Basic theory of legal research |
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Definition
| Start in the INDEX, which leads to the MAIN VOLUME, which in turn leads to ADDITIONAL AUTHORITY. |
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Term
| These books are softbound and come out in advance of the hardbound reporters. |
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Definition
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Term
| These are annotated reporters. |
|
Definition
| American Law Reports (ALR) |
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Term
| American Jurisprudence, 2d (Am. Jur. 2d) |
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Definition
| The legal encyclopedia by Lawyer’s Coop. |
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Term
| Corpus Juris Secundum (C.J.S.) |
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Definition
| The legal encyclopedia by Lawyer's Coop. |
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Term
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Definition
| Commentary or discussion. |
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Term
| The most widely used system of citation. |
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Definition
| Uniform System of Citation, also called Bluebook. |
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Term
| These books contain cases. |
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Definition
|
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Term
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Definition
| a paragraph, usually found at the beginning of a case in an unofficial reporter, that summarizes a portion of the opinion. |
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Term
|
Definition
|
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Term
| This is a set of books that act as an index to case law. |
|
Definition
| supplement, or pocket part |
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Term
| These books are basically collections of headnotes arranged in topical order. |
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Definition
|
|
Term
| A legal dictionary is considered what kind of authority? |
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Definition
|
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Term
| What is the difference between primary and secondary authority? |
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Definition
Primary authority is law.
Secondary authority is non-law.
However, both may be quoted. |
|
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Term
| difference between mandatory and persuasive authority? |
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Definition
Persuasive authority is that which the court CAN rely upon.
Mandatory authority is that which the court MUST rely upon, since it is from a higher authority. |
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Term
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Definition
| Non-authority is anything the court would not rely upon in reaching its decision, including Shepard's, Digests, or invalid cases. |
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Term
| What are the two forms of online legal research? |
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Definition
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Term
| What are the three major functions of Martindale-Hubbell Law Directory? |
|
Definition
Listing of attorneys.
Digest of state laws.
Digest of foreign laws. |
|
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Term
| what kind of books are restatements? |
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Definition
|
|
Term
| What kind of authority are Restatements generally considered? |
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Definition
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Term
| Discuss the three basic functions of Shepard’s. |
|
Definition
validates authority
provides parallel cites
acts as a case finder |
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Term
| What is the difference between a slip law and a slip opinion? |
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Definition
Slip laws come from legislatures.
Slip opinions are cases from courts. |
|
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Term
| The differences between U.S.C, U.S.C.S., and U.S.C.A.? |
|
Definition
U.S.C is official.
USCS is unofficial and published by Lawyer's Coop.
USCA is unofficial and published by West. |
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Term
| Would you research in U.S.C, U.S.C.S., or U.S.C.A.? |
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Definition
| Either U.S.C.A. or U.S.C.S., because of the research tools that are provided within the books. |
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Term
| Would you quote from U.S.C, U.S.C.S., or U.S.C.A.? |
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Definition
|
|
Term
| Define the Total Client Service Library |
|
Definition
| A research system by Lawyer's Coop. |
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Term
|
Definition
| A system for researching within indexes. |
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Term
| Describe the functions and features of the Key Number System. |
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Definition
| The Key Number System, by West, categorizes issues, and assigns them specific topics and numbers. Once a subject is assigned a topic and key number, that topic and number will transfer to any digest. |
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Term
| Step by step, how would one Shepardize a case such as: Smith v. Jones, 143 Nev. 529, 648 P.2d 1103 (1978) |
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Definition
Locate the Shepard's Pacific Citator containing volume 648 of the second series of the Pacific Reporter. Locate the page in Shepard's containing page 1103, and use the history and treatment notations to determine whether the case is still good law. All advance sheets and hardbound supplements would also be checked.
The same process would be repeated in the Shepard's Nevada Citator, in this case, for the official cite. |
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Term
| What is the difference between a treatment and a history notation in Shepard’s? |
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Definition
A History notation is the cited case at a different level of litigation.
A Treatment notation is how a completely different case viewed your cited opinion. |
|
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Term
| Describe the process of researching within ALR. |
|
Definition
| Begin in the index to ALR 2d, 3d, 4th, 5th and Federal. It will provide a Volume, series and page number in the main volumes. The main volume will provide an annotation, as well as the case upon which the annotation is based. The annotation also contains several research tools, the goals of which are to lead to additional authority, including primary. Of course, the pocket part for both the index and main volumes should be checked. |
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Term
| How would one engage in research within Am. Jur. 2d? |
|
Definition
| Begin in the General Index, which provides a topic and section number to the main volumes. The main volumes contain a discussion of the law, with references to footnotes, which in turn lead to additional authority. Check all pocket parts. |
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Term
| How would one engage in research within CJS? |
|
Definition
| Begin in the General Index, which provides a topic and section number to the main volumes. The main volumes contain a discussion of the law, with references to footnotes, which in turn lead to additional authority. Check all pocket parts. |
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Term
| How would one engage in research within a digest? |
|
Definition
| Begin in the Descriptive Word Index, which provides a topic and key number to the main volumes. The main volumes contain a collection of headnotes arranged topically. Once a relevant headnote is located, the researcher would go to the case in its reporter. Again, check all pocket parts. |
|
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Term
| Describe a typical page from a digest. |
|
Definition
| It is simply column after column of headnotes. |
|
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Term
| How would one engage in research within NRS? |
|
Definition
| Begin in the index, which will lead to the main volumes of the statutes. |
|
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Term
| You have been given an assignment to create a Motion for Designation of Parties. What do you do? |
|
Definition
| Ask for a form or template. |
|
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Term
| What are the five steps of the analytical process? |
|
Definition
Introduce the analysis
Provide facts of the authority
Quote the authority
Apply the authority
Conclude within the analysis
NOTE: If you were thinking IRAC, that's OK, too! |
|
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Term
| What are the differences and similarities between a complaint and a counterclaim? |
|
Definition
The complaint is filed by the plaintiff and initiates litigation.
The counterclaim is a suit against the plaintiff by the defendant. |
|
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Term
| Name some resources in the law library to help in the drafting of discovery documents. |
|
Definition
Am. Jur. Pleading and Practice Forms.
Am. Jur. Trials
Am. Jur. Proof of Facts
West's Legal Forms
Any other form books |
|
|
Term
| What are the three branches of government and their functions? |
|
Definition
| Executive (enforces law), Judicial (interprets law), and Legislative (creates law) |
|
|
Term
| Name the three courts in the federal judicial system |
|
Definition
| U.S. District Court, U.S. Court of Appeals, and U.S. Supreme Court |
|
|
Term
| A statement that is sworn to under oath |
|
Definition
|
|
Term
|
Definition
| The right the government posses to take private property for public usage when the public interest is at stake. Just compensation must be paid, however. |
|
|
Term
| Difference between a plea bargain and a settlement? |
|
Definition
| Plea bargain is criminal. Settlement is civil. |
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|
Term
| This is when the party does not plead guitly OR innocent, but instead does not contest the charges. |
|
Definition
| Nolo Contendere, also called No Contest. |
|
|
Term
| The collection of the documents, testimony, and exhibits from the trial. |
|
Definition
|
|
Term
| This court has a judge, jury, and is where evidence is presented |
|
Definition
|
|
Term
| The kind of law harmful to an individual |
|
Definition
|
|
Term
| the kind of law that involves harm to the community |
|
Definition
|
|
Term
| name and define three forms of jurisdiction |
|
Definition
In personam: Jurisdiction over the person.
In rem: Jurisdiction over the controversy, which is often property.
Quasi in rem: Jurisdiction over property when the property is not the controversy. |
|
|
Term
| This is when a federal court has jurisdiction over a case that is normally a state matter, due to the fact that the parties are from different jurisdictions and the amount is more than $75,000. |
|
Definition
|
|
Term
| define a prima facie case. |
|
Definition
| This means that if all things claimed are eventually proven true at trial, the plaintiff would deserve damages. |
|
|
Term
| What is the burden of proof in a civil case? |
|
Definition
| preponderance of the evidence |
|
|
Term
| What is the burden of proof in a criminal case? |
|
Definition
| Beyond a reasonable doubt |
|
|
Term
| A reasonable basis to believe a crime has been committed |
|
Definition
|
|
Term
| the point at which an event begins, ending in an event with damages occuring |
|
Definition
|
|
Term
| what are the two ways are jurors on a jury panel may be challenged? |
|
Definition
| peremptory challenge and challenge for cause |
|
|
Term
|
Definition
| the jury selection process |
|
|
Term
|
Definition
| The determination of a judge, usually following a trial. |
|
|
Term
| define "default judgment" |
|
Definition
| Judgment in favor of a party based primarily on the fact that the other party failed to appear or respond. |
|
|
Term
| two names for the party initiating an appeal |
|
Definition
|
|
Term
| two names for party responding to an appeal |
|
Definition
|
|
Term
| This level court reviews the trial court record to determine whether that court erred. |
|
Definition
|
|
Term
| Define the difference between a Notice of Appeal and a Writ of Certiorari. |
|
Definition
Notice of Appeal occurs between the trial court and the appellate court. It is the first appeal.
Writ of cert (certioriari) is a request that some higher court hear the case. Usually from one appellate court to a higher appellate court. |
|
|
Term
|
Definition
| "let the decision stand"; judges are obligated to respect the precedents established by prior decisions |
|
|
Term
|
Definition
| when the entire court sits to hear and decide a case, they hear the case in this manner. |
|
|
Term
| name three kinds of opinions |
|
Definition
| majority, concurring, dissenting |
|
|
Term
| Name four things the court can do with the lower court's decision |
|
Definition
| affirm, reverse, remand, modify |
|
|
Term
|
Definition
|
|
Term
| a legitimate reason to sue, and is required to proceed with a lawsuit |
|
Definition
|
|
Term
| name the three kinds of parties in litigation |
|
Definition
| plaintiff, defendant, co-defendant |
|
|
Term
|
Definition
| documents filed with the court declaring a basic position in litigation |
|
|
Term
| list five kinds of pleadings |
|
Definition
| complaint, answer, counterclaim, cross claim, reply |
|
|
Term
| the document that notifies a defendant that a legal action is being taken against him or her |
|
Definition
|
|
Term
|
Definition
| Document that establishes that a summons and complaint have been served upon the defendant. |
|
|
Term
| service of process means that these documents have been served upon the defendant: |
|
Definition
|
|
Term
|
Definition
| this demands the appearance of a witness, and for documents to be presented by that witness. |
|
|
Term
| A subpoena is this kind of document. |
|
Definition
|
|
Term
|
Definition
| Process whereby information, facts, and documents are exchanged between parties for the purpose of ensuring that justice is reached. |
|
|
Term
| When researching in the Rules of Court, where would a researcher begin? |
|
Definition
|
|
Term
| When analyzing a court rule, it is best to: |
|
Definition
| break the rule into elements |
|
|
Term
| Many states require arbitration in litigation. Such arbitration is: |
|
Definition
| mandatory, but NOT binding -- everyone is allowed to have their day in court. |
|
|
Term
| Arbitration is at what point in the trial process? |
|
Definition
|
|
Term
| The collection of all pleadings, statements, witness lists, and discovery documents to help the attorney at trial. |
|
Definition
|
|
Term
| The difference between forum advocacy and advocacy is usually: |
|
Definition
|
|
Term
|
Definition
| the art of trying to get someone to do something. |
|
|
Term
| With regard to advocacy, a paralegal should be: |
|
Definition
| Assertive and almost self-righteous |
|
|
Term
| Name some secondary sources. |
|
Definition
| Restatements, ALR, Encyclopedias, Law Reviews, Journals, Newspapers, Magazines, Matthew Bender (form books) |
|
|
Term
| Name some primary sources: |
|
Definition
| Constitution, Statutes, opinions, treaties, executive orders (ex: pardon of someone convicted of a crime), administrative rules (example: Federal Aviation Administration), Rules of Court, |
|
|
Term
| Motion for Directed Verdict |
|
Definition
| the court is asked to decide the outcome of a case because the plaintiff has failed to establish a prima facie case. |
|
|
Term
|
Definition
| when the judge adds to the amount a jury has awarded. Typically, the judge will give the party who must pay the award the choice of an increased award or a new trial will be granted to the other side. |
|
|
Term
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Definition
| The process whereby a judge subtracts from the amount of damages a jury has awarded. In effect, the judge gives the party awarded damages the choice of either accepting a lesser amount or a new trial will be granted to the other side. |
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| a request that the judge order a new trial because of procedural errors. A party must generally file this motion to appeal and exhaust all available remedies. |
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| doctrine stating that a case that has been decided on its merits may not be re-litigated. |
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| a sum of money held by the court to ensure that the funds from the award will be available after the appellate process. |
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| A written argument by a party covering the issues, called "points of error," on appeal. The brief by the appellant is usually referred to as the "appellate brief." The brief then filed by the respondent is usually referred to as the "response brief". |
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| the questions that are the basis for the appeal. Also called "issues on appeal," these questions point to potential errors of the trial court. |
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| written decision of the court |
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| the strongest form of opinion. When more than 50% of the court agrees on a decision. A majority opinion is law until it is superseded or overturned. |
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| the appellate court agrees with the decision of the trial court |
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| the appellate court disagrees with and nullifies the decision of the trial court |
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| the appellate court alters the decision of the trial court |
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| the appellate court sends the case back to the trial court for further deliberation |
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| opinion of one or more judges that agrees with the results of the majority, but arrives at that result for different reasons. |
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| opinion that disagrees with the majority opinion. |
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Term
| petition for a writ of certiorari |
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Definition
the vehicle by which the case is taken from the court of appeals (state OR federal) to the supreme court (state OR federal). Also, the means by which a case is taken from a state supreme court to the U.S. Supreme court.
The writ of certiorari is issued by the higher court. If the higher court approves the petition, the higher court will review the case. If the higher court denies the petition, the decision of the lower court stands. |
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| a crime punishable by a sentence of LESS THAN one year. |
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| a crime punishable by a sentence of a year or more. |
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| a defendant is released without being required to post bail, on the promise that he or she will appear in court at designated times. |
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| the decision of the prosecutor NOT to prosecute, even though he or she believes that there is sufficient evidence to do so. |
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