Term
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Definition
| a system of government in which the authority to govern is split between a single central authority and several regional governments |
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Term
| doctrine of implied powers |
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Definition
| powers not stated in the Constitution but that are necessary for Congress to carry out other, expressly granted powers |
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Definition
| the power of the federal government to prevent the states from passing conflicting laws, and sometimes even to prohibit states from passing any laws on a particular subject |
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| law that deals with harm to an individual |
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| law that deals with harm to society as a whole |
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Definition
| a person who initiates a lawsuit |
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Definition
| in a lawsuit, the person who is sued; in a criminal case, the person who is being charged with a crime |
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Term
| beyond a reasonable doubt |
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Definition
| The standard of proof used in criminal trials. The evidence presented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from jurors' minds |
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| preponderance of the evidence |
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Definition
| The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong. |
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Definition
| The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt. |
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| monetary compensation, including compensatory, punitive, and nominal damages |
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| a constitutional protection against being tried twice for the same crime |
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| what the prosecution or plaintiff must be able to prove in order for the case to go to jury--that is, the elements of the prosecution's case or the plaintiff's cause of action |
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Definition
| a claim that based on the law and the facts is sufficient to support a lawsuit |
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| whereby the defendant offers new evidence to avoid judgment |
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| money awarded to a plaintiff in payment for his or her actual losses |
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| money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others |
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| a token sum awarded when liability has been found but monetary damages cannot be shown |
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| an agreement supported by consideration |
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Definition
| something of value exchanged to form the basis of a contract |
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| law dealing with ownership |
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Definition
| land and objects permanently attached to land |
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| all property that is not real property |
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| not factually true, but accepted by the courts as legally true |
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Definition
| an assumption that something that is not real is real--i.e, saying a corporation is a person for purposes of it being sued and able to sue |
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Definition
| law that deals with harm to a person or a person's property |
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Definition
| tort committed by one who intends to do the act that creates the harm |
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Definition
| failure to act reasonably under the circumstances |
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| negligence by the plaintiff that contributed to his/her injury |
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| voluntarily and knowingly subjecting oneself to danger |
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Definition
| method for measuring the relative negligence of the plaintiff and the defendant with a commensurate sharing of the compensation for the injuries |
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| liability without a showing of fault |
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| law that creates rights and duties |
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Definition
| law that regulates how the legal system operates |
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Term
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Definition
| law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost |
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Definition
| the power of a court to hear a case |
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Definition
| courts that determine the facts and apply the law to the facts |
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Definition
| the authority of a court to hear a case when it is initiated, as opposed to appellate jurisdiction |
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Term
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Definition
| questions relating to what happened (5 Ws) |
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Definition
| questions relating to the interpretation or application of the law |
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Definition
| a trial conducted without a jury |
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Definition
| a defense requiring proof that the defendant would not have committed the crime but for police trickery |
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Definition
| courts that determine whether lower courts have made errors of law |
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Definition
| the party in a case who has initiated an appeal |
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Definition
| the party in a case against whom an appeal has been filed |
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Definition
| a trial court error that is not sufficient to warrant reversing the decision |
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Definition
| when an appellate court overturns or negates the decision of a lower court |
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Definition
| when an appellate court sends a case back to the trial court for a new trial or other action |
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Term
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Definition
| an opinion in which a majority of the court joins |
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Definition
| an opinion that agrees with the majority's result but disagrees with its reasoning |
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Definition
| an opinion that disagrees with the majority's decision and its reasoning |
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Definition
| the highest federal appellate court, consisting of nine appointed members |
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Definition
| the intermediate appellate courts in the federal system |
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Definition
| the general jurisdiction trial courts in the federal system |
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Term
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Definition
| a court's power to hear any type of case arising within its geographical area |
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Definition
| a court's power to hear only specialized cases |
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Definition
| a court order requiring a person to appear to testify at a trial or deposition |
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Term
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Definition
| when an appellate court that normally sits in panels sits as a whole |
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Term
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Definition
a means of gaining appellate review
in the U.S. Supreme court, it is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case |
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Term
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Definition
| a court where a permanent record is kept of the testimony, lawyers' remarks, and judges' rulings |
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Term
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Definition
| when only one court has the power to hear a case |
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Term
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Definition
| when more than one court has jurisdiction to hear a case |
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Term
| federal question jurisdiction |
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Definition
| the power of the federal courts to hear matters of federal law |
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Term
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Definition
the power of the federal courts to hear matters of state law if
1. opposing parties are from different states
2. amount in controversy exceeds $75,000 |
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Term
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Definition
| the transfer of a case from state court to federal court |
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Term
| alternative dispute resolution (ADR) |
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Definition
techniques for resolving conflicts that are alternatives to full-scale litigation
two most common: arbitration and mediation |
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Term
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Definition
| an ADR mechanism whereby the parties submit their disagreement to a third party, whose decision is binding |
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Term
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Definition
| an ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable, voluntary compromise |
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Term
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Definition
| a nonbinding process in which attorneys for both sides present synopses of their cases to a jury, which renders an advisory opinion on the basis of these presentations |
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Term
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Definition
| the papers that begin a lawsuit--generally, the complaint and the answer |
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Term
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Definition
| a motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial |
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Term
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Definition
| the modern pretrial procedure by which one party gains information from the adverse party |
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Term
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Definition
| the principle that courts cannot decide abstract issues or render advisory opinions; rather, they are limited to deciding cases that involve litigants who are personally affected by the court's decision |
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Term
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Definition
| when the defendant does not have sufficient money or other assets to pay the judgment |
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Term
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Definition
| a person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason |
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Term
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Definition
| when a person must be brought into a lawsuit as either a plaintiff or a defendant |
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Term
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Definition
| a lawsuit brought by a person as a representative for a group of people who have been similarly injured |
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Term
| subject matter jurisdiction |
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Definition
| the power of a court to hear a particular type of case |
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Term
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Definition
| the power of a court to force a person to appear before it |
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Term
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Definition
| a constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant |
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Term
| exhaustion of administrative remedies |
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Definition
| the requirement that relief be sought from an administrative agency before proceeding to court |
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Term
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Definition
| the pleading that begins a lawsuit |
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Term
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Definition
defendant's reply to the complaint
may contain statements of denial, admission, or lack of knowledge and affirmative defenses |
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Term
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Definition
| a claim by the defendant against the plaintiff |
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Term
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Definition
| a claim by one defendant against another defendant or by one plaintiff against another plaintiff |
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Term
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Definition
| a claim by a defendant against someone in addition to the persons the plaintiff has already sued |
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Term
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Definition
| the heading section of a pleading that contains the names of the parties, the name of the court, the title of the action, the docket or file number, and the name of the pleading |
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Term
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Definition
| a method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it |
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Term
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Definition
| in a complaint, one cause of action |
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Term
| pleading in the alternative |
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Definition
| including more than one count in a complaint; the counts do not need to be consistent |
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Term
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Definition
| an affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct |
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Term
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Definition
| a notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit |
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Term
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Definition
| being informed of some act done or about to be done |
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Term
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Definition
| the delivery of a pleading or other paper in a lawsuit to the opposing party |
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Term
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Definition
| a defense whereby the defendant offers new evidence to avoid judgment |
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Term
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Definition
| a judgment entered against a party who fails to complete a required step, such as answering the complaint |
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Term
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Definition
| a request made to the court |
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Term
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Definition
| a request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint |
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Term
| Rule 56 motion (summary judgment motion) |
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Definition
| a request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law |
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Term
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Definition
| written questions sent by one side to the opposing side, answered under oath |
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Term
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Definition
| the pretrial oral questioning of a witness under oath |
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Term
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Definition
| the person who is being asked questions at a deposition |
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Term
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Definition
| a document that lists statements regarding specific items for the other party to admit or deny |
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Term
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Definition
| a court order that ends a lawsuit; the suit cannot be refiled by the same parties |
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Term
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Definition
| a meeting of the attorneys and the judge prior to the beginning of the trial |
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Definition
| a request that the court order that certain information not be mentioned in the presence of the jury |
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Term
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Definition
| an examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case |
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Term
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Definition
| a method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner |
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Term
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Definition
| a method for excusing a prospective juror; no reason need be given |
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Definition
| the questioning of your own witness |
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Term
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Definition
| a question that suggests the answer; generally, these may not be asked during direct examination of a witness |
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Term
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Definition
| the questioning of an opposing witness |
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Term
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Definition
| a verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense |
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Term
| pattern jury instructions |
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Definition
| a set of standardized jury instructions |
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Definition
| the opinion of a jury on a question of fact |
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Definition
| a trial ended by the judge because of a major problem, such as a prejudicial statement by one of the attorneys |
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Definition
| the decision of the court regarding the claims of each side; it may be based on a jury's verdict |
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Definition
| a court order authorizing a sheriff to take property in order to enforce a judgment |
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Term
| judgment notwithstanding the verdict (N.O.V.) |
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Definition
| a judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law |
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Term
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Definition
| a request that the court order a rehearing of a lawsuit because irregularities, such as errors of the court or jury misconduct, make it probably that an impartial trial did not occur |
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Term
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Definition
| an attorney's written argument presented to an appeals court, setting forth a statement of the law as it should be applied to the client's facts |
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Definition
| standard used by appellate courts when reviewing a trial court's findings of fact |
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Term
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Definition
| a trial court error that is not sufficient to warrant reversing the decision |
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Term
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Definition
| an error made by the trial judge sufficiently serious to warrant reversing the trial court's decision |
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Term
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Definition
| when a higher court agrees with what a lower court has done |
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Definition
| the process of finding the law |
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Term
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Definition
| the application of legal rules to a client's specific factual situation; also known as legal analysis |
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Term
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Definition
| examples of legal writing include case briefs, law office memoranda, and documents filed with the court |
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Term
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Definition
a person who assists an attorney and, working under the attorney's supervision, does tasks that, absent the paralegal, the attorney would do
*cannot give legal advice or appear in court |
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Term
| American Bar Association (ABA) |
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Definition
| national voluntary organization of lawyers |
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Term
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Definition
| a paralegal who works as an independent contractor rather than as an employee of a law firm or corporation |
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Term
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Definition
| generally someone operating within the law, representing persons before administrative agencies that permit this practice |
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Term
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Definition
a nonlawyer who provides legal services directly to the public without being under the supervision of an attorney
*absent a statute allowing this activity, it constitutes the unauthorized practice of law |
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Term
| American Association for Paralegal Education (AAfPE) |
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Definition
| a national organization of paralegal programs that promotes high standards for paralegal education |
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Term
| National Federation of Paralegal Associations (NFPA) |
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Definition
| a national association of paralegal associations |
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Term
| National Association of Legal Assistants (NALA) |
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Definition
| a national paralegal association |
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Term
| International Paralegal Management Association (IPMA) |
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Definition
| a national association of paralegal managers |
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Term
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Definition
| the process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency |
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Term
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Definition
| the status of being formally recognized by a nongovernmental organization for having met special criteria, such as fulfilling educational requirements and passing an exam, established by that organization |
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Term
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Definition
| the status of having received a certificate documenting that the person has successfully completed an educational program |
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Term
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Definition
| a business run by two or more persons as co-owners |
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Term
| professional corporation (PC) |
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Definition
| a professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment |
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Term
| limited liability partnership (LLC) |
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Definition
| a professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners |
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Term
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Definition
| usually organized as either a partnership or a professional corporation, law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume |
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Term
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Definition
| affiliated with the federal government's Legal Services Corporation, these offices serve those who would otherwise be unable to afford legal assistance |
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Term
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Definition
| rules of conduct promulgated and enforced by the government |
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Term
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Definition
| a body of principles and rules that are either explicitly stated in, or inferred from, the constitutions of the United States and those of the individual states |
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Term
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Definition
| the division of governmental power among the legislation, executive, and judicial branches |
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Term
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Definition
| the first ten amendments to the U.S. Constitution |
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Term
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Definition
| a court's power to review statutes to decide if they conform to the federal or a state constitution |
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Term
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Definition
| a law enacted by a state legislature or by Congress |
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Term
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Definition
| rules and regulations created by administrative agencies |
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Term
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Definition
| a law promulgated by an administrative agency |
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Term
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Definition
| a statute establishing and setting out the powers of an administrative agency |
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Definition
| body of law that has evolved from judicial decisions in cases that do not involve constitutional, statutory, or administrative regulation interpretation |
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Term
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Definition
| the doctrine stating that normally once a court has decided one way on a particular issue, it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the need for change |
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Term
| codification of the common law |
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Definition
| the process of legislative enactment of areas of the law previously governed solely by the common law |
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Term
| derogation of the common law |
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Definition
| used to describe legislation that changes the common law |
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Term
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Definition
| fairness; a court's power to do justice |
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Term
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Definition
| a court order requiring a party to perform or to cease doing a specific act |
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Term
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Definition
| a requirement that a party fulfill his or her contractual obligations |
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Term
| Restatement of the Law of Torts, Second |
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Definition
| an authoritative secondary source, written by a group of legal scholars, summarizing the existing common law, as well as suggesting what the law should be |
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Term
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Definition
| an intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact |
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Term
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Definition
| an intentional act that creates a harmful or offensive physical contact |
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Term
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Definition
| occurs whenever one person, through force or the threat of force, unlawfully detains another person against his or her will |
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Definition
| the publication of false statements that harm a person's reputation |
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Definition
| an intentional tort that covers a variety of situations, including disclosure, intrusion, appropriation, and false light |
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Definition
| violation of a statute as proof of negligence |
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Term
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Definition
lit: "the thing speaks for itself"
the doctrine that suggests negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent |
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Term
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Definition
AKA cause in fact, this is measured by the "but for" standard:
but for the defendant's actions, the plaintiff would not have been injured |
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Term
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Definition
| once actual cause is found, as a policy matter, the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability |
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Term
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Definition
negligence by the plaintiff that contributed to his or her injury
(normally, it is a complete bar to the plaintiff's recovery) |
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Term
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Definition
| a provision that purports to waive liability |
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Definition
| disregarding a substantial and unjustifiable risk that harm will result |
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Definition
| the theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonable dangerous |
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Term
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Definition
| when the product was not being used for its intended purpose or was being used in a dangerous manner |
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Term
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Definition
| the tort theory that an employer can be sued for the negligent acts of its employees |
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