Term
|
Definition
In contract law, the offeree’s indication to the offeror that the
offeree agrees to be bound by the terms of the offeror’s offer or
proposal to form a contract. |
|
|
Term
|
Definition
A certification or declaration following a trial that the individual
accused of a crime is innocent, or free from guilt, in the eyes of
the law and is thus absolved of the charges. |
|
|
Term
|
Definition
Capable of serving as the basis of a lawsuit. An actionable
claim can be pursued in a lawsuit or other court action. |
|
|
Term
|
Definition
The act of listening attentively to the speaker’s message and
responding by giving appropriate feedback to show that you
understand what the speaker is saying; restating the speaker’s
message in your own words to confirm that you accurately
interpreted what was said. |
|
|
Term
|
Definition
Real and demonstrable evil intent. In a defamation suit, a
statement made about a public figure normally must be made
with actual malice (with either knowledge of its falsity or a
reckless disregard of the truth) for liability to be incurred. |
|
|
Term
|
Definition
A guilty (prohibited) act. The commission of a prohibited act is
one of the two essential elements required for criminal liability;
the other element is the intent to commit a crime. |
|
|
Term
|
Definition
Derived from the Latin ad valentiam, meaning “to the value.” It
is commonly applied to a tax imposed on the value of property. |
|
|
Term
|
Definition
That part of a letter that indicates to whom the letter is
addressed. The address block is placed in the upper left-hand
portion of the letter, above the salutation (or reference line, if
one is included). |
|
|
Term
|
Definition
The revocation, recalling, or cancellation of a legacy, according
to the apparent intention of the testator, implied by the law from
acts done by the testator during the testator’s life. |
|
|
Term
|
Definition
The act of resolving a controversy and rendering an order or
decision based on a review of the evidence presented. |
|
|
Term
|
Definition
A federal or state government agency established to perform a
specific function. Administrative agencies are authorized by
legislative acts to make and enforce rules relating to the
purpose for which they were established. |
|
|
Term
|
Definition
A body of law created by administrative agencies in the form of
rules, regulations, orders, and decisions in order to carry out
their duties and responsibilities. |
|
|
Term
administrative law
judge (ALJ) |
|
Definition
One who presides over an administrative agency hearing and
who has the power to administer oaths, take testimony, rule on
questions of evidence, and make determinations otherwise
authorized by law. |
|
|
Term
|
Definition
The procedure used by administrative agencies in the
administration of law. |
|
|
Term
|
Definition
A person appointed by a court to serve as a personal
representative for a person who died intestate (without a valid
will) or if the executor named in the will cannot serve. |
|
|
Term
|
Definition
A procedure in which persons become the legal parents of a
child who is not their biological child. |
|
|
Term
adversarial system
of justice |
|
Definition
A legal system in which the parties to a lawsuit are opponents,
or adversaries, and present their cases in the light most
favorable to themselves. The impartial decision maker (the
judge or jury) determines who wins and who loses based on
the evidence presented. |
|
|
Term
|
Definition
A process by which premises can change ownership. It is a
common law concept concerning the title to real property. |
|
|
Term
|
Definition
A written statement of facts confirmed by the oath or
affirmation of the party making it and made before a person
having authority to administer the oath or affirmation. |
|
|
Term
|
Definition
| To uphold the judgment of a lower court. |
|
|
Term
|
Definition
A response to a plaintiff’s claim that does not deny the
plaintiff’s facts but attacks the plaintiff’s legal right to bring an
action. |
|
|
Term
|
Definition
A relationship between two persons in which one person (the
agent) represents or acts in the place of another (the principal). |
|
|
Term
|
Definition
A person who is authorized to act for or in the place of another
person (the principal). |
|
|
Term
|
Definition
A meeting of the minds and a requirement for a valid contract.
Agreement involves two distinct events: an offer to form a
contract and the acceptance of that offer by the offeree. |
|
|
Term
|
Definition
Money paid to support a former spouse after a marriage has
been terminated. The alimony may be permanent or
temporary (rehabilitative). |
|
|
Term
|
Definition
A party’s statement, claim, or assertion made in a pleading to
the court. The allegation sets forth the issue that the party
expects to prove. |
|
|
Term
ALTA (American
Land Title
Association) |
|
Definition
A national trade association representing the interests of the
abstract of title and title insurance industries. |
|
|
Term
alternative dispute
resolution (ADR) |
|
Definition
The resolution of disputes in ways other than those involved in
the traditional judicial process. Negotiation, mediation, and
arbitration are forms of ADR. |
|
|
Term
American Bar
Association (ABA) |
|
Definition
A voluntary national association of attorneys, the ABA plays an
active role in developing educational and ethical standards for
attorneys and in pursuing improvements in the administration
of justice. |
|
|
Term
|
Definition
A system of identifying points of law from reported cases and
organizing them by topic and key number. The system was
developed by West Publishing to organize the entire body of
American law. |
|
|
Term
|
Definition
| An encyclopedia of United States law published by West. |
|
|
Term
|
Definition
A resource used by American lawyers to find a variety of
sources relating to specific legal rules, doctrines, or principles |
|
|
Term
|
Definition
A brief filed with the court by a third party (i.e., a party not
directly involved in the lawsuit) who is concerned about the
outcome of the litigation. The purpose of such a brief is to
convince the court to rule in favor of one of the parties because
not to do so would affect a broad interest of society. (Amicus
curiad is Latin for “friend of the court.”) |
|
|
Term
|
Definition
A brief comment, an explanation of a legal point, or a case
summary found in a case digest or other legal source. |
|
|
Term
|
Definition
A court decree that invalidates (nullifies) a marriage. Although
the marriage itself is deemed nonexistent, children of a
marriage that is annulled are deemed legitimate. |
|
|
Term
|
Definition
| A defendant’s response to a plaintiff’s complaint. |
|
|
Term
|
Definition
A written contract created by two people planning to be
married. The agreement typically lists all of the property each
person owns, as well as their debts, and it specifies what each
person’s property rights will be after they tie the knot.
Antenuptial agreements often specify how property will be
divided – and whether spousal support (alimony) will be paid –
in the event of a divorce. |
|
|
Term
|
Definition
The process of seeking a higher court’s review of a lower
court’s decision for the purpose of correcting or changing the
lower court’s judgment or decision. |
|
|
Term
|
Definition
The party who takes an appeal from one court to another;
sometimes referred to as the petitioner. |
|
|
Term
|
Definition
An appellate brief that argues in favor of the appellant’s
position. This brief will try to convince the court that the lower
court’s decision was erroneous. |
|
|
Term
|
Definition
A document submitted to an appellate court setting forth legal
arguments and supporting law in favor of the appellant or the
appellee. |
|
|
Term
|
Definition
A court that reviews decisions made by lower courts, such as
trial courts; a court of appeals. |
|
|
Term
|
Definition
The power of a court to hear and decide an appeal; i.e., the
power and authority of a court to review cases that already
have been tried in a lower court and the power to make
decisions about them without actually holding a trial. This
process is call appellate review. |
|
|
Term
|
Definition
The party against whom an appeal is taken; i.e., the party who
opposes setting aside or reversing the judgment; sometimes
referred to as the respondent. |
|
|
Term
|
Definition
An appellate brief that argues in favor of the appellee’s
position. This brief will try to rebut (counter) any arguments in
the appellant’s brief and will emphasize the accuracy of the
earlier judgment rendered in its favor. |
|
|
Term
|
Definition
In tort law, the use by one person of another person’s name,
likeness, or other identifying characteristic without permission
and for the benefit of the user. |
|
|
Term
|
Definition
A method of settling disputes in which a dispute is submitted to
a disinterested third party (other than a court), who renders a
decision that may or may not be legally binding. |
|
|
Term
|
Definition
A clause in a contract that provides that, in case of a dispute,
the parties will determine their rights by arbitration rather than
through the judicial system. |
|
|
Term
|
Definition
A court proceeding in which the suspect is formally charged
with the criminal offense stated in the indictment. The suspect
then enters a plea (guilty, not guilty, or nolo contendere) in
response. |
|
|
Term
|
Definition
| To take into custody a person suspected of criminal activity. |
|
|
Term
|
Definition
A written order, based on probable cause and issued by a
judge or public official (magistrate), commanding that the
person named on the warrant be arrested by the police. |
|
|
Term
|
Definition
The willful and malicious burning of a building (and, in some
states such as North Carolina, personal property); arson
statutes have been extended to cover the destruction of any
building, regardless of ownership, by fire or explosion. |
|
|
Term
|
Definition
The document filed with the appropriate state official, usually
the secretary of state, when a business is incorporated. State
statutes usually prescribe what kind of information must be
contained in the articles of incorporation. |
|
|
Term
|
Definition
A document necessary for setting up a limited liability company
in many U.S. states. It is similar to articles of incorporation
used for setting up corporations. |
|
|
Term
|
Definition
Any word or action intended to make another person fearful of
immediate physical harm; a reasonably believable threat. |
|
|
Term
|
Definition
An attorney working for a law firm who is not a partner and
does not have an ownership interest in the firm. Associates
are usually less experienced attorneys and may be invited to
become partners after working for the firm for several years. |
|
|
Term
|
Definition
Voluntarily taking upon oneself a known risk. Assumption of
risk is a defense against negligence that can be used when the
plaintiff has knowledge of and appreciates a danger and
voluntarily exposes himself or herself to the danger. |
|
|
Term
|
Definition
A provision at the end of an instrument where the witnesses
certify that the instrument has been executed before them, and
the manner of the execution of the same. It states that the
instrument has been completed in the manner required by law
in the presence of the witnesses who placed their signatures in
the designated spaces. |
|
|
Term
|
Definition
The chief legal officer of the state who, either personally or
through staff, represents the interests of the state in a variety
of areas. |
|
|
Term
|
Definition
A rule of evidence requiring that confidential communications
between a client and the client’s attorney (relating to their
professional relationship) be kept confidential, unless the client
consents to disclosure. |
|
|
Term
|
Definition
The process of establishing the genuineness of an item that is
to be introduced as evidence in a trial. |
|
|
Term
|
Definition
| In the context of ADR, the decision rendered by an arbitrator. |
|
|
Term
|
Definition
The amount of money or conditions set by the court to assure
that an individual accused of a crime will appear for further
criminal proceedings. If the accused person provides bail,
whether in cash or by means of a bail bond, then the person is
released from jail. |
|
|
Term
|
Definition
Someone entrusted with the care and protection, guardianship,
or jurisdiction of a person, land, or personal property pending
further court action. It also refers to a court official or a law
enforcement officer, usually a deputy sheriff, marshal, or
constable, who keeps order in the courtroom and handles
various tasks for the judge and clerk such as calling cases to
approach the bench. The bailiff acts as an intermediary
between the judge and the attorneys. |
|
|
Term
|
Definition
A federal court of limited jurisdiction that hears only bankruptcy
proceedings. |
|
|
Term
|
Definition
The body of federal law that governs bankruptcy proceedings.
The goals of bankruptcy law are (1) to protect a debtor by
giving the debtor a fresh start, free from creditors’ claims; and
(2) to ensure that creditors who are competing for a debtor’s
assets are treated fairly. |
|
|
Term
|
Definition
The intentional and offensive touching of another without lawful
justification. |
|
|
Term
|
Definition
| The person named to receive proceeds or benefits. |
|
|
Term
|
Definition
To give or leave by will — used especially for personal
property. |
|
|
Term
|
Definition
The standard used to determine the guilt or innocence of a
person charged with a crime. To be guilty of a crime, a
suspect must be proved guilty “beyond and to the exclusion of
every reasonable doubt.” |
|
|
Term
|
Definition
The act of entering into marriage with one person while still
legally married to another. |
|
|
Term
|
Definition
| The first ten Amendments to the Constitution. |
|
|
Term
|
Definition
Hours or fractions of hours that attorneys and paralegals spend
in work that requires legal expertise and that can be billed
directly to clients. |
|
|
Term
|
Definition
A form of ADR in which a mediator attempts to facilitate
agreement between the parties, but then issues a legally
binding decision if no agreement is reached. |
|
|
Term
|
Definition
An end-of-the-year payment to a salaried employee in
appreciation for that employee’s overtime work, work quality,
diligence, or dedication to the firm. |
|
|
Term
|
Definition
The process of entering a suspect’s name, offense, and arrival
time into the police log (blotter) following arrest. |
|
|
Term
|
Definition
| To violate a legal duty by an act or a failure to act. |
|
|
Term
|
Definition
The failure, without legal excuse, of a contractual party to
perform the obligations assumed in a contract. |
|
|
Term
|
Definition
A formal outline that sets forth the main contentions with
supporting statements or evidence. |
|
|
Term
|
Definition
Summarizing a case. A typical case brief will indicate the full
citation for the case, the factual background and procedural
history of the case, the issue(s) raised in the case, the court’s
decision, the court’s holding, and the legal reasoning on which
the court based its decision. The brief may also include
conclusions or notes concerning the case made by the one
briefing it. |
|
|
Term
|
Definition
Terms and conditions of use that are presented to an Internet
user at the time the user downloads certain products, such as
software, but that the user need not agree to (by clicking “I
agree,” for example) before being able to install or use the
products. |
|
|
Term
|
Definition
In relation to government, the organizational structure,
consisting of bureaus and agencies, through which the
government implements and enforces the laws. |
|
|
Term
|
Definition
Breaking and entering onto the property of another with the
intent to commit a felony. |
|
|
Term
|
Definition
A person, such as a customer or client, who is invited onto
business premises by the owner of those premises for
business purposes. |
|
|
Term
|
Definition
| Wrongful interference with another’s business rights. |
|
|
Term
|
Definition
A set of governing rules adopted by a corporation or other
association. |
|
|
Term
|
Definition
| The hearing at which a case is set for trial. |
|
|
Term
|
Definition
| Legal competency or fitness. |
|
|
Term
|
Definition
Capital punishment, the death penalty, or execution is the
killing of a person by judicial process as a punishment for an
offense. |
|
|
Term
|
Definition
The part of a legal document that shows where, when, and by
what authority it was taken, found, or executed. |
|
|
Term
|
Definition
| Rules of law announced in court decisions. |
|
|
Term
|
Definition
A case presenting a legal issue that has not yet been
addressed by a court in a particular jurisdiction. |
|
|
Term
|
Definition
A case in which all four elements of a case (the parties, the
circumstances, the legal issues involved, and the remedies
sought by the plaintiff) are very similar to those in the case
being researched. |
|
|
Term
|
Definition
A case involving factual circumstances and issues that are
similar to those in the case being researched. |
|
|
Term
|
Definition
Causation brought about by an act or omission without which
an event would not have occurred. |
|
|
Term
|
Definition
An administrative or judicial order prohibiting a person or
business firm from conducting activities that an agency or court
has deemed illegal. |
|
|
Term
certificate of
incorporation
(corporate charter) |
|
Definition
The document issued by a state official (usually the secretary
of state) granting a corporation legal existence and the right to
function. |
|
|
Term
|
Definition
Formal recognition by a private group or a state agency that an
individual has satisfied the group’s standards of proficiency,
knowledge, and competence; ordinarily accomplished through
the taking of an examination. |
|
|
Term
|
Definition
A photocopy of a document, judgment, or record that is signed
and attested to by a public official in whose custody the original
has been placed for safekeeping as an accurate and a
complete reproduction of the original document. |
|
|
Term
|
Definition
A series describing the movement and location of evidence
from the time it is obtained to the time it is presented in court.
The court requires that evidence be preserved in the condition
in which it was obtained if it is to be admitted into evidence at
trial. |
|
|
Term
|
Definition
A list of successive owners of a parcel of land, beginning from
the government, or original owner, to the person who currently
owns the land. |
|
|
Term
|
Definition
An attorney’s objection, during voir dire, to the inclusion of a
particular person on the jury. |
|
|
Term
|
Definition
A voir dire challenge for which an attorney states the reason
why a prospective juror should not be included in the jury. |
|
|
Term
|
Definition
The judge’s instructions to the jury, following the attorneys’
closing arguments, setting forth the rules of law that the jury
must apply in reaching its decision or verdict. |
|
|
Term
|
Definition
The financial support necessary to provide for a child’s needs.
Commonly, when a marriage is terminated, the noncustodial
spouse agrees or is required by the court to make childsupport
payments to the custodial spouse. |
|
|
Term
|
Definition
In a time sequence; naming or listing events in the time order
in which they occurred. |
|
|
Term
|
Definition
Indirect evidence that is offered to establish, by inference, the
likelihood of a fact that is in question. |
|
|
Term
|
Definition
In case law, a reference to the volume number, name, and
page number of the reporter in which a case can be found. In
statutory and administrative law, a reference to the title
number, name, and section of the code in which a statute or
regulation can be found. In criminal procedure, an order for a
defendant to appear in court or indicating that a person has
violated a legal rule. |
|
|
Term
|
Definition
A book or online service that provides the history and
interpretation of a statute, regulation, or court decision and a
list of the case, statutes, and regulations that have interpreted,
applied, or modified a statute or regulation. |
|
|
Term
|
Definition
The branch of law dealing with the definition and enforcement
of private or public rights, as opposed to criminal matters. |
|
|
Term
|
Definition
A system of law derived from that of the Roman Empire and
based on a code rather than case law; the predominant system
of law in the nations of continental Europe and the nations that
were once their colonies. |
|
|
Term
|
Definition
An officer of the court whose responsibilities include
maintaining the records of a court. Another duty is to
administer oaths to witnesses, jurors, and grand jurors. |
|
|
Term
|
Definition
An agreement that arises when a buyer, engaging in a
transaction on a computer, indicates assent to be bound by the
terms of an offer by clicking on a button that says, for example,
“I agree”; sometimes referred to as a click-on license or a clickwrap
agreement. |
|
|
Term
|
Definition
The principle that an institution or individual should not reveal
information about their clients to a third party without the
consent of the client or a clear legal reason. |
|
|
Term
|
Definition
Folder/file that is opened after client is accepted and a conflicts
check is performed. Usually assigned a numerical and/or
alphabetical sequence maintained by the office. All documents
related to the case, including client contact information, intake
sheet, research, correspondence, notes, and work product, are
stored within. |
|
|
Term
|
Definition
A corporation owned by a small group of shareholders, often
family members; also called a closely held corporation. Shares
in close corporations cannot be publicly traded. |
|
|
Term
|
Definition
A question phrased in such a way that it elicits a simple “yes”
or “no” answer. |
|
|
Term
|
Definition
A final comment to a letter that is placed above the signature,
such as “Sincerely” or “Very truly yours.” |
|
|
Term
|
Definition
An argument made by each side’s attorney after the cases for
the plaintiff and defendant have been presented. Closing
arguments are made prior to the jury charge. |
|
|
Term
|
Definition
A systematic and topically organized presentation of laws,
rules, or regulations. |
|
|
Term
|
Definition
To collect and organize systematically and logically a body of
concepts, principles, decisions, or doctrines. |
|
|
Term
|
Definition
A successor to property — either by will or descent and
distribution — who is not directly descended from the
deceased but comes from a parallel line of the deceased’s
family, such as a brother, sister, uncle, aunt, niece, nephew, or
cousin. |
|
|
Term
|
Definition
The process by which labor and management negotiate the
terms and conditions of employment, including wages,
benefits, working conditions, and other matters. |
|
|
Term
|
Definition
A body of law developed from custom or judicial decisions in
English and U.S. courts and not by a legislature. |
|
|
Term
|
Definition
A marriage that is formed solely by mutual consent and without
a marriage license or ceremony. The couple must be eligible
to marry, must have a present and continuing agreement to be
husband and wife, must live together as husband and wife, and
must hold themselves out to the public as husband and wife.
Only fourteen states recognize common law marriages. |
|
|
Term
|
Definition
Defined in ten states as all property acquired during the
marriage, except for inheritances or gifts received during the
marriage by either marital partner. Each spouse has a onehalf
ownership interest in community property. |
|
|
Term
|
Definition
A theory in tort law under which the liability for injuries resulting
from negligent acts is shared by all persons who were guilty of
negligence (including the injured party) on the basis of each
person’s proportionate carelessness. |
|
|
Term
|
Definition
A money award equivalent to the actual value of injuries or
damages sustained by the aggrieved party. |
|
|
Term
|
Definition
The pleading made by a plaintiff or a charge made by the state
alleging wrongdoing on the part of the defendant. |
|
|
Term
|
Definition
Under the Uniform Computer Information Transactions Act,
information in electronic form obtained from or through use of a
computer, or that is in digital or an equivalent form capable of
being processed by a computer. |
|
|
Term
computer-assisted
legal research
(CALR) |
|
Definition
Any legal research conducted with the assistance of
computers. CALR includes the use of CD-ROMs, fee-based
providers such as Westlaw and Lexis, and the Internet. |
|
|
Term
|
Definition
Jurisdiction that exists when two different courts have the
power to hear a case. For example, some cases can be heard
in either a federal or a state court. |
|
|
Term
|
Definition
A letter that states the substance of a previously conducted
verbal discussion to provide a permanent record of the oral
conversation. |
|
|
Term
|
Definition
A situation in which two or more duties or interests come into
conflict, as when an attorney attempts to represent opposing
parties in a legal dispute. |
|
|
Term
|
Definition
A procedure for determining whether an agreement to
represent a potential client will result in a conflict of interest. |
|
|
Term
|
Definition
Something of value, such as money or the performance of an
action not otherwise required, that motivates the formation of a
contract. Each party must give consideration for the contract
to be binding. |
|
|
Term
|
Definition
A process in which two or more corporations join to become a
completely new corporation. The original corporations cease
to exist. |
|
|
Term
|
Definition
Law based on the U.S. Constitution and the constitutions of the
various states. |
|
|
Term
|
Definition
An individual who purchases products and services for
personal or household use. |
|
|
Term
|
Definition
Statutes, agency rules, and judicial decisions protecting
consumers of goods and services. |
|
|
Term
|
Definition
A legal fee that consists of a specified percentage (such as
30 percent) of the amount the plaintiff recovers in a civil
lawsuit. The fee must be paid only if the plaintiff prevails in the
lawsuit (recovers damages). |
|
|
Term
|
Definition
A person who receives the benefits only if predetermined
conditions have been met. |
|
|
Term
continuing legal
education (CLE)
program |
|
Definition
Courses through which attorneys and other legal professionals
extend their education beyond school. |
|
|
Term
|
Definition
An agreement or bargain struck between parties in which each
party assumes a legal duty to the other party. The
requirements for a valid contract are agreement, consideration,
contractual capacity, and legality. |
|
|
Term
|
Definition
The threshold mental capacity required by law for a party who
enters into a contract to be bound by that contract. |
|
|
Term
|
Definition
A theory in tort law under which a complaining party’s own
negligence contributed to or caused his or her injuries.
Contributory negligence is an absolute bar to recovery in a
minority of jurisdictions. |
|
|
Term
|
Definition
The act of wrongfully taking or retaining of a person’s personal
property and placing it in the service of another. |
|
|
Term
|
Definition
The exclusive right of an author (or other creator) to publish,
print, or sell an intellectual production for a statutory period of
time. |
|
|
Term
|
Definition
Law that governs the formation, financing, merger and
acquisition, and dissolution or liquidation of corporations, as
well as the rights and duties of those who own and run the
corporation. |
|
|
Term
|
Definition
An encyclopedia of U.S. law. Its full title is Corpus Juris
Secundum: Complete Restatement of the Entire American
Law as Developed By All Reported Cases (1936- ). It contains
an alphabetical arrangement of legal topics as developed by
U.S. federal and state cases and is considered secondary
authority. |
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Term
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Definition
New advertising undertaken pursuant to a Federal Trade
Commission order for the purpose of correcting earlier false
claims that were made about a product. |
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Term
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Definition
A claim made by a defendant in a civil lawsuit against the
plaintiff; in effect, a counterclaiming defendant is suing the
plaintiff. |
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Term
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Definition
Latin term “on the bench” meaning with all judges or a quorum
of judges present or in full court. |
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Term
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Definition
A court that decides controversies and administers justice
according to the rules, principles, and precedents of equity. |
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Term
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Definition
A court in which the only remedies that could be granted were
things of value, such as money damages. In early England,
courts of law were distinct from courts of equity. |
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Term
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Definition
A person whose occupation is to transcribe spoken or recorded
speech into written form, typically using machine shorthand or
a voice silencer and digital recorder to produce official
transcripts of court hearings, depositions, and other official
proceedings. |
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Term
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Definition
A broad term for violations of law that are punishable by the
state and are codified by legislatures. The objective of criminal
law is to protect the public. |
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Term
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Definition
The branch of law that governs and defines those actions that
are crimes and that subjects persons convicted of crimes to
punishment imposed by the government (a fine or jail time). |
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Term
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Definition
A claim asserted by a defendant in a civil lawsuit against
another defendant or by a plaintiff against another plaintiff. |
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Term
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Definition
| The questioning of an opposing witness during the trial. |
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Term
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Definition
A crime that occurs online, in the virtual community of the
Internet, as opposed to the physical world. |
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Term
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Definition
A person who commits the crime of stalking in cyberspace.
The cyber stalker usually finds victims through Internet chat
rooms, newsgroups, bulletin boards, or e-mail and proceeds to
harass that person or put the person in reasonable fear for his
or her safety or the safety of that person’s immediate family. |
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Term
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Definition
| A tort committed in cyberspace. |
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Term
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Definition
A legally recognized authority that can certify the validity of
digital signatures. |
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Term
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Definition
Money awarded as a remedy for a civil wrong, such as a
breach of contract or a tortious act. |
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Term
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Definition
Advertising that misleads consumers, either by unjustified
claims concerning a product’s performance or by the failure to
disclose relevant information concerning the product’s
composition or performance. |
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Term
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Definition
A document by which title to property is transferred from one
party to another. |
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Term
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Definition
| The act or an instance of embezzling. |
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Term
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Definition
Anything published or publicly spoken that causes injury to
another’s good name, reputation, or character. |
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Term
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Definition
A judgment entered by a clerk or court against a defendant
who has failed to appear in court to answer or defend against a
claim that has been brought against the defendant by another
party. |
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Term
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Definition
| A party against whom a lawsuit is brought. |
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Term
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Definition
The reasons that a defendant offers and alleges why the
plaintiff should not recover or establish what the plaintiff seeks
in a lawsuit. |
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Term
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Definition
| The use of reasonable force to protect others from harm. |
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Term
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Definition
The use of reasonable force to protect one’s property from the
harm threatened by another. The use of deadly force in
defending one’s property is seldom justified. |
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Term
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Definition
A doctrine that authorizes Congress to delegate some of its
lawmaking authority to administrative agencies. The doctrine
is implied by Article I of the U.S. Constitution, which grants
specific powers to Congress to enact and oversee the
implementation of law. |
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Term
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Definition
A letter in which one party explains its legal position in a
dispute and requests that the recipient take some action (such
as paying money owed). |
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Term
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Definition
Evidence in the form of a representation of an object as
opposed to testimony or other forms of evidence used at trial. |
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Term
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Definition
A gift by will of money or other personal property that is to be
paid to an heir from a fund designated in the provisions of the
will but, in any event, is to be paid if there are sufficient
available assets in the estate. |
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Term
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Definition
| A party or witness who testifies under oath during a deposition. |
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Term
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Definition
A pretrial question-and-answer proceeding, usually conducted
orally, in which a party or witness answers an attorney’s
questions. The answers are given under oath and the session
is recorded. |
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Term
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Definition
A condensed version of a deposition, usually organized by a
chronological, narrative, or topical method. |
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Term
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Definition
The official transcription of the recording taken during a
deposition. |
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Term
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Definition
| To give real estate by will. |
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Term
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Definition
A Latin term referring to nonbinding (nonprecedential) judicial
statements that are not directly related to the facts or issues
presented in the case and thus not essential to the holding. |
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Term
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Definition
A compilation in which brief summaries of court cases are
arranged by subject and subdivided by jurisdiction and court. |
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Term
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Definition
Evidence establishing the existence of a fact that is in question
without relying on inferences. |
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Term
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Definition
The examination of a witness by the attorney who calls the
witness to the stand to testify on behalf of the attorney’s client. |
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Term
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Definition
A person elected by the shareholders to direct corporate
affairs. |
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Term
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Definition
A severe disciplinary sanction in which an attorney’s license to
practice law in the state is revoked because of unethical or
illegal conduct. |
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Term
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Definition
Formal investigation prior to trial. During discovery, opposing
parties use various methods, such as interrogatories and
depositions, to obtain information from each other and from
witnesses to prepare for trial. |
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Term
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Definition
A plan formed by the attorneys litigating a lawsuit, on behalf of
their clients, that indicates the types of information that will be
disclosed by each party to the other prior to trial, the testimony
and evidence that each party will or may introduce at trial, and
the general schedule for pretrial disclosures and events. |
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Term
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Definition
| The formal disbanding of a partnership or a corporation. |
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Term
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Definition
An elected official of a county or a designated district with the
responsibility for prosecuting crimes. |
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Term
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Definition
In some jurisdictions an alternative to prosecution that is
offered to certain felony suspects to deter them from future
unlawful acts. |
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Term
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Definition
Under Article III, Section 2 of the Constitution, a basis for
federal district court jurisdiction over a lawsuit between
(1) citizens of different states, (2) a foreign country and citizens
of a state or different states, or (3) citizens of a state and
citizens or subjects of a foreign country. The amount in
controversy must be more than $75,000 before a federal court
can take jurisdiction in such cases. |
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Term
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Definition
A distribution of profits to corporate shareholders, disbursed in
proportion to the number of shares held. |
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Term
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Definition
| A formal court proceeding that legally dissolves a marriage. |
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Term
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Definition
The list of cases entered on a court’s calendar and thus
scheduled to be heard by the court. |
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Term
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Definition
| Billing more than one client for the same billable time period. |
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Term
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Definition
To place at risk (jeopardize) a person’s life or liberty twice.
The Fifth Amendment to the Constitution prohibits a second
prosecution for the same criminal offense in all but a few
circumstances. |
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Term
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Definition
A state statute that imposes liability on the owners of bars and
taverns, as well as those who serve alcoholic drinks to the
public, for injuries resulting from accidents caused by
intoxicated persons when the sellers or servers of alcoholic
drinks contributed to the intoxication. |
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Term
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Definition
Fair, reasonable, and standard procedures that must be used
by the government in any legal action against a citizen. The
Fifth Amendment to the U.S. Constitution prohibits the
deprivation of “life, liberty, or property without due process of
law.” |
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Term
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Definition
The duty of all persons, as established by tort law, to exercise
a reasonable amount of care in their dealings with others.
Failure to exercise due care, which is normally determined by
the reasonable person standard, constitutes the tort of
negligence. |
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Term
early neutral case
evaluation |
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Definition
A form of ADR in which a neutral third party evaluates the
strengths and weaknesses of the disputing parties’ positions;
the evaluator’s opinion forms the basis for negotiating a
settlement. |
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Term
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Definition
The right of a person to make limited use of another person’s
real property without taking anything from the property. |
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Term
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Definition
A relatively new legal specialty that involves servicing the
needs of older clients, such as estate planning and making
arrangements for long-term care. |
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Term
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Definition
The legal relinquishment by a child’s parents or guardian of the
legal right to exercise control over the child. Usually, a child
who moves out of the parents’ home and supports himself or
herself is considered emancipated. |
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Term
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Definition
The fraudulent appropriation of the property or money of
another by a person entrusted with the property or money. |
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Term
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Definition
The power of a government to take land for public use from
private citizens for just compensation. |
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Term
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Definition
A common law doctrine under which employment is considered
to be “at will”; either party may terminate the employment
relationship at any time and for any reason, unless a contract
specifies otherwise. |
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Term
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Definition
A firm’s handbook or written statement that specifies the
policies and procedures that govern the firm’s employees and
employer-employee relationships. |
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Term
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Definition
A statute enacted by a legislature that authorizes the creation
of an administrative agency and specifies the name, purpose,
composition, and powers of the agency being created. |
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Term
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Definition
All state and federal laws or regulations enacted or issued to
protect the environment and preserve environmental
resources. |
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Term
equitable principles
and maxims |
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Definition
Propositions or general statements of rules of law that are
frequently involved in equity jurisdiction. |
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Term
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Definition
An electronic sound, symbol, or process attached to or logically
associated with a record and executed or adopted by a person
with the intent to sign the record, according to the Uniform
Electronic Transactions Act. |
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Term
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Definition
The process in which a decedent’s personal representative
settles the affairs of the decedent’s estate (collects assets,
pays debts and taxes, and distributes the remaining assets to
heirs); the process is usually overseen by a probate court. |
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Term
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Definition
Making arrangements, during a person’s lifetime, for the
transfer of that person’s property or obligations to others on the
person’s death. Estate planning often involves executing a
will, establishing a trust fund, or taking out a life insurance
policy to provide for others, such as a spouse or children, on
one’s death. |
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Term
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Definition
An abbreviation for the Latin phrase et alii meaning “and
others.” |
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Term
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Definition
| A Latin phrase meaning “and you also.” |
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Term
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Definition
| An abbreviation for the Latin words et uxor meaning “and wife.” |
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Term
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Definition
Latin for “and man,” it is often used interchangeably with “et
con” to mean “and husband.” |
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Term
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Definition
A term that refers to the procedures used to create a screen
around a legal employee to shield that employee from
information about a case in which there is a conflict of interest |
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Term
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Definition
Anything that is used to prove the existence or nonexistence of
a fact. |
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Term
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Definition
Contact with a person represented by an attorney, outside the
presence of the attorney. |
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Term
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Definition
An Order made by the court upon the request of one party
without prior notice to the other party. |
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Term
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Definition
Revenue stamps imposed by law on each deed or instrument
where real property is conveyed. |
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Term
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Definition
In criminal procedure, a rule under which any evidence that is
obtained in violation of the accused’s constitutional rights, as
well as any evidence that is obtained illegally, will not be
admissible in court. |
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Term
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Definition
Jurisdiction that exists when a case can be heard only in a
particular court, such as a federal court. |
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Term
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Definition
Absolution from liability; clear from a charge; clear from alleged
guilt. |
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Term
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Definition
A type of administrative agency that is either a cabinet
department or a subagency within a cabinet department.
Executive agencies fall under the authority of the president,
who has the power to appoint and remove federal officers. |
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Term
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Definition
A person appointed by a testator to serve as a personal
representative on the testator’s death. |
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Term
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Definition
A clause at the beginning of a will. The exordium clause
identifies the testator (or person making the will), states his/her
residence, and the fact that he/she is of sound mind. It also
revokes all previous wills. |
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Term
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Definition
A slip of paper on which any expense or cost incurred on
behalf of a client (such as the payment of court fees or longdistance
telephone charges) is recorded. |
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Term
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Definition
A witness with professional training or substantial experience
qualifying him or her to testify as to an opinion on a particular
subject. |
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Term
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Definition
A witness who testifies about an event personally observed or
experienced firsthand. |
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Term
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Definition
Law relating to family matters, such as marriage, divorce, child
support, and child custody. |
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Term
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Definition
A question that pertains to the U.S. Constitution, acts of
Congress, or treaties. A federal question provides a basis for
jurisdiction by the federal courts. This jurisdiction is authorized
by Article III, Section 2, of the Constitution. |
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Term
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Definition
A daily publication that makes available to the public the rules,
regulations, and other legal notices issued by federal
administrative agencies. |
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Term
Federal Rules of
Civil Procedure
(FRCP) |
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Definition
The rules controlling all procedural matters in civil trials brought
before the federal district courts. |
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Term
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Definition
A contract that states the type of fee (hourly, contingency, or
flat fee) and the relevant amount of that fee. |
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Term
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Definition
Ownership rights entitling the holder to use, possess, or
dispose of the property however the holder chooses during the
time the property is owned by the holder. |
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Term
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Definition
A crime - such as arson, murder, rape, or robbery - that carries
the most severe sanctions. Sanctions range from one year in
a state or federal prison to life imprisonment or (in some
states) the death penalty. |
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Term
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Definition
| A relationship involving a high degree of trust and confidence. |
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Term
file transfer protocol
(ftp) |
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Definition
An interface program that connects one computer to another
used to copy files over the Internet. |
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Term
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Definition
A fee paid to the attorney by a client for having rendered a
specified legal service, such as the creation of a simple will |
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Term
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Definition
An item of movable property so incorporated into real property
that it may be regarded as legally a part of it. |
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Term
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Definition
The fraudulent making of any writing in a way that changes the
legal rights and liabilities of another. |
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Term
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Definition
A reference file containing copies of the firm’s commonly used
legal documents and informational forms. The documents in
the forms file serve as a model for drafting new documents. |
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Term
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Definition
A temporary arrangement in which a family is paid by the state
to care for a child for a limited period of time, often pending
adoption. |
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Term
fraudulent
misrepresentation |
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Definition
Any misrepresentation, either by misstatement or by omission
of a material fact, knowingly made with the intention of
deceiving another and on which a reasonable person would
and does rely to that person’s detriment. |
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Term
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Definition
A paralegal who operates his or her own business and
provides services to attorneys on a contractual basis. A
freelance paralegal works under the supervision of an attorney,
who assumes responsibility for the paralegal’s work product. |
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Term
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Definition
A witness who is biased against your client’s adversary or
sympathetic toward your client in a lawsuit or other legal
proceeding. |
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Term
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Definition
A proceeding in which a creditor legally seizes a portion of a
debtor’s property (such as wages) that is in the possession of a
third party (such as an employer). |
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Term
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Definition
A monetary gift, payable out of the collective assets of the
estate of a testator — one who makes a will — and not from a
designated source. |
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Term
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Definition
A type of licensing in which all individuals within a specific
profession or group (such as accountants) must meet licensing
requirements imposed by the state before they may legally
practice their profession. |
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Term
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Definition
A partner who participates in managing the business of a
partnership and has all the rights and liabilities that arise under
traditional partnership law. |
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Term
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Definition
An instrument that transfers real property from one person to
another and in which the grantor promises that title is good and
clear of any claims. |
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Term
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Definition
Knowing and voluntary assent to the contract terms. If a
contract is formed as a result of mistake, misrepresentation,
undue influence, or duress, genuineness of assent is lacking
and the contract will be avoidable. |
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Term
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Definition
A state statute stipulating that persons who provide emergency
services to, or rescue, others in peril - unless they do so
recklessly, thus causing further harm - cannot be sued for
negligence. |
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Term
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Definition
The group of citizens called to decide whether probable cause
exists to believe that a suspect committed the crime with which
he or she has been charged and should stand trial. |
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Term
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Definition
| One to whom a grant is made. |
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Term
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Definition
The portion of an instrument of conveyance, such as a deed,
containing the words that transfer a present interest from the
grantor to the grantee. |
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Term
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Definition
| One who gives possession or title of property by a deed. |
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Term
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Definition
| One who has the care of the person or property of another. |
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Term
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Definition
A person appointed by the court to represent the interests of a
child or a mentally incompetent person before the court. |
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Term
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Definition
Latin for “you have the body.” A writ (court order) that
commands an individual or a government official who has
restrained another to produce the prisoner at a designated time
and place so that the court can determine the legality of
custody and decide whether to order the prisoner’s release. |
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Term
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Definition
| A person who uses one computer to break into another. |
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Term
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Definition
A note near the beginning of a reported case summarizing the
court’s ruling on an issue. |
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Term
health care power of
attorney |
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Definition
A document that lets a patient appoint someone to make
medical decisions should the patient become unable to do so. |
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Term
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Definition
Testimony that is given in court by a witness who relates not
what he or she knows personally but what another person said.
Hearsay is generally not admissible as evidence. |
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Term
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Definition
A school of legal thought that emphasizes the evolutionary
development of law and that looks to the past to discover what
the principles of contemporary law should be. |
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Term
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Definition
The binding legal principle, or precedent, that is drawn from the
court’s decision in a case. |
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Term
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Definition
The main page of a Web site. Often, the home page serves as
a table of contents to other pages at the site. |
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Term
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Definition
A single-volume scholarly discussion, or treatise, on a
particular legal subject (such as property law). |
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Term
|
Definition
A witness who is biased against your client or friendly toward
your client’s adversary in a lawsuit or other legal proceeding;
an adverse witness. |
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Term
|
Definition
A jury whose members are so irreconcilably divided in their
opinions that they cannot reach a verdict. The judge in this
situation may order a new trial. |
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Term
hypertext transfer
protocol (http) |
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Definition
An interface program that enable computers to communicate.
Hypertext is a database system by which distinct objects, such
as text and graphics, can be linked. A protocol is a system of
formats and rules. |
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Term
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Definition
| A question based on hypothesis, conjecture, or fiction. |
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Term
|
Definition
The theft of a form of identification, such as a name, date of
birth, or Social Security number, which is then used to access
the victim’s financial resources. |
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Term
|
Definition
All laws that set forth the requirements that persons must meet
if they wish to visit or immigrate to the United States. |
|
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Term
|
Definition
To call into question the credibility of a witness by challenging
the truth or accuracy of his or her trial statement. |
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Term
|
Definition
|
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Term
|
Definition
A privately arranged adoption, as when a doctor, lawyer, or
other individual puts a couple seeking to adopt a child in
contact with a pregnant woman who has decided to give up her
child for adoption. |
|
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Term
|
Definition
A person who is hired to perform a specific undertaking but
who is free to choose how and when to perform the work. An
independent contractor may or may not be an agent. |
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Term
independent
regulatory agency |
|
Definition
A type of administrative agency that is more independent of
presidential control than an executive agency. Officials of
independent regulatory agencies cannot be removed without
cause. |
|
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Term
|
Definition
A charge or written accusation, issued by a grand jury, that
probable cause exists to believe that a named person has
committed a crime for which that person should stand trial. |
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Term
|
Definition
A formal criminal charge made by a prosecutor with a grand
jury indictment. |
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Term
|
Definition
A letter that conveys certain information to a client, a witness,
an adversary’s counsel, or other person regarding some legal
matter (such as the date, time, place, and purpose of a
meeting) or a cover letter that accompanies other documents
being sent to a person or court. |
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Term
|
Definition
A court decree ordering a person to do or refrain from doing a
certain act or activity. |
|
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Term
|
Definition
Such unsoundness of mind or lack of understanding as
prevents one from having the mental capacity required by law
to enter into a particular relationship, status, or transaction or
as removes one from criminal or civil responsibility. |
|
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Term
|
Definition
Trading in the stock of a publicly listed corporation based on
inside information about the corporation that is not available to
the public. One who possesses inside information and has a
duty not to disclose it to outsiders may not profit from the
purchase or sale of securities based on that information until
that information is available to the public. |
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Term
|
Definition
| Insufficient to pay all debts. |
|
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Term
|
Definition
Property that results from intellectual, creative processes.
Copyrights, patents, and trademarks are examples of
intellectual property. |
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Term
|
Definition
| A wrongful act knowingly committed. |
|
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Term
|
Definition
A trust created by the grantor (settlor) and effective during the
grantor’s lifetime - i.e., a trust not established by a will. |
|
|
Term
internal
memorandum of law |
|
Definition
Document that summarizes the law found on a client’s issue;
will include strengths and weaknesses of case. Work product
that should stay within the office. |
|
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Term
|
Definition
The law that governs relations among nations. International
customs and treaties are generally considered to be two of the
most important sources of international law. |
|
|
Term
Internet Service
Provider (ISP) |
|
Definition
A company that provides dedicated access to the Internet,
generally through a local phone number, cable, or satellite. |
|
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Term
|
Definition
A series of written questions for which written answers are
prepared and then signed under oath by a party to a lawsuit
(the plaintiff or the defendant). |
|
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Term
|
Definition
| The person who is being interviewed. |
|
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Term
|
Definition
State statutes that specify how property will be distributed
when a person dies intestate (without a valid will). |
|
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Term
|
Definition
| The state of having died without a valid will. |
|
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Term
|
Definition
A plan that lists each step involved in obtaining and verifying
the facts and information that are relevant to the legal problem
being investigated. |
|
|
Term
joint and several
liability |
|
Definition
Shared and individual liability. In partnership law, joint and
several liability means that a third party may sue one or more
of the partners separately or all of them together. This is true
even if one of the partners sued did not participate in or know
about whatever gave rise to the cause of action. |
|
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Term
|
Definition
Custody of a child that is shared by the parents following the
termination of a marriage. |
|
|
Term
|
Definition
Shared liability. In partnership law, partners incur joint liability
for partnership obligations and debts. |
|
|
Term
|
Definition
The joint ownership of property by two or more co-owners in
which each co-owner owns an undivided portion of the
property. On the death of one of the joint tenants, his or her
interest automatically passes to the surviving joint tenant(s). |
|
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Term
|
Definition
A public official authorized to decide questions brought before
a court. |
|
|
Term
|
Definition
The court’s final decision regarding the rights and claims of the
parties to a lawsuit. |
|
|
Term
|
Definition
A creditor who is legally entitled, by a court’s judgment, to
collect the amount of the judgment from a debtor. |
|
|
Term
|
Definition
| The authority of a court to hear and decide a specific action. |
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Term
|
Definition
| The science or philosophy of law. |
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Term
|
Definition
A controversy that is real and substantial, as opposed to
hypothetical or academic. |
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Term
|
Definition
A number (accompanied by the symbol of a key)
corresponding to a specific topic within West’s key number
system to facilitate legal research of case law. |
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Term
|
Definition
An aid to legal research developed by the editors of Westlaw®.
On Westlaw®, KeyCite can trace case history, retrieve
secondary sources, categorize legal citations by legal issue,
and perform other functions. |
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Term
|
Definition
The equitable doctrine that bars a party’s right to legal action if
the party has neglected for an unreasonable length of time to
act on the party’s rights. |
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Term
|
Definition
The wrongful or fraudulent taking and carrying away of another
person’s personal property with the intent to deprive the person
permanently of the property. |
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Term
|
Definition
A body of rules of conduct established and enforced by the
controlling authority (the government) of a society. |
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Term
|
Definition
A law student working as an apprentice with a law firm, during
the summer or part-time during the school year, to gain
practical experience. Some law firms refer to law clerks as
summer associates. |
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Term
|
Definition
A magazine or newspaper that contains articles, news items,
comments on new laws and case decisions, court calendars,
and suggestions for practicing law, for use by attorneys. |
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Term
|
Definition
A law school publication containing both case summaries
written by student members and scholarly articles written by
law professors, judges, and attorneys. These articles focus on
current developments in the law, case decisions, and
legislation. Law reviews are edited by students, who contribute
notes to featured articles. |
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Term
|
Definition
A witness who can truthfully and accurately testify on a fact in
question without having specialized training or knowledge; an
ordinary witness. |
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Term
|
Definition
A question that suggests, or “leads to,” a desired answer.
Interviewers may use leading questions to elicit responses
from witnesses who otherwise would not be forthcoming.
Generally, in court leading questions may be asked only of
hostile witnesses. |
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Term
|
Definition
In real property law, a contract by which the owner of real
property (the landlord) grants to a person (the tenant) an
exclusive right to use and possess the property, usually for a
specified period of time, in return for rent or some other form of
payment. |
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Term
|
Definition
An administrative employee of a law firm who manages the
day-to-day operations of the firm. In smaller law firms, legal
administrators are usually called office managers. |
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Term
|
Definition
The giving of a formal opinion regarding the substance or
procedure of the law by an officer of the court, ordinarily in
exchange for financial or other tangible compensation. |
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Term
legal assistant (or
paralegal) |
|
Definition
A person qualified by education, training, or work experience
who is employed or retained by a lawyer, law office,
corporation, governmental agency, or other entity who
performs specifically delegated substantive legal work, for
which a lawyer is responsible. |
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Term
|
Definition
Custody of a child that confers on the parent the right to make
major decisions about the child’s life without consulting the
other parent. |
|
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Term
Legal Nurse
Consultant (LNC) |
|
Definition
A nurse who consults with legal professionals and others about
medical aspects of legal claims or issues. Legal nurse
consultants normally must have at least a bachelor’s degree in
nursing and a significant amount of nursing experience. |
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|
Term
legal technician (or
independent
paralegal) |
|
Definition
A paralegal who offers services directly to the public, normally
for a fee, without attorney supervision. Independent paralegals
assist customers by supplying them with forms and procedural
knowledge relating to simple or routine legal procedures.
North Carolina does not allow paralegals to offer services
directly to the public. |
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Term
|
Definition
An employee in a law firm who is responsible for overseeing
the paralegal staff and paralegal professional development. |
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Term
|
Definition
A rule created by an administrative agency that is as legally
binding as a law enacted by a legislature. |
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Term
|
Definition
A document that defines the legal relationship between a
professional firm and its client(s). This letter states the terms
and conditions of the engagement, principally addressing the
scope of the engagement and the terms of compensation for
the firm. |
|
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Term
|
Definition
A written statement expressing the intention of the undersigned
to enter into a formal agreement, especially a business
arrangement or transaction. |
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Term
|
Definition
A formal document nominating a specified person to take over,
administer, and dispose of an estate when there is no executor
to carry out the testator’s will. |
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Term
|
Definition
The formal instrument of authority and appointment granted by
the proper court to an executor (one designated in a will to
manage the estate of the deceased) empowering that person
to execute the functions of the office. |
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Term
|
Definition
| The imposition or collection of an assessment. |
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Term
|
Definition
Defamation in writing or some other form (such as videotape)
having the quality of permanence. |
|
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Term
|
Definition
A government’s official act of granting permission to an
individual, such as an attorney, to do something that would be
illegal in the absence of such permission. |
|
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Term
|
Definition
Courts’ authority over certain types of cases such as
bankruptcy, claims against the government, probate, family
matters, immigration and customs, or limitations on courts’
authority to try cases involving maximum amounts of money or
value. |
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|
Term
limited liability
company (LLC) |
|
Definition
A hybrid form of business organization authorized by a state in
which the owners of the business have limited liability and
taxes on profits are passed through the business entity to the
owners. |
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|
Term
limited liability
partnership (LLP) |
|
Definition
A business organizational form designed for professionals who
normally do business as partners in a partnership. The LLP is
a pass-through entity for tax purposes, like the general
partnership, but limits the personal liability of partners. |
|
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Term
|
Definition
A type of licensing in which a limited number of individuals
within a specific profession or group (such as legal technicians
within the paralegal profession) must meet licensing
requirements imposed by the state before those individuals
may legally practice their profession. |
|
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Term
|
Definition
One who invests in a limited partnership but does not play an
active role in managing the operation of the business. Unlike
general partners, limited partners are only liable for partnership
debts up to the amount that they have invested. |
|
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Term
|
Definition
A partnership consisting of one or more general partners and
of one or more limited partners. |
|
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Term
|
Definition
An heir or relative related in a direct line upward (parent,
grandparent). |
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Term
|
Definition
An heir or relative related in a direct line downward (child,
grandchild). |
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Term
|
Definition
In regard to corporations, the process by which corporate
assets are converted into cash and distributed among creditors
and shareholders according to specific rules of preference. |
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Term
|
Definition
A list of e-mail addresses of persons who have agreed to
receive e-mail about a particular topic. |
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Term
|
Definition
| The process of a lawsuit going through the court system. |
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Term
|
Definition
A paralegal who specializes in assisting attorneys in the
litigation process. |
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Term
|
Definition
A state statute that permits a state to obtain jurisdiction over
nonresident individuals and corporations. Individuals or
corporations, however, must have certain “minimum contacts”
with that state for the statute to apply. |
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Term
|
Definition
A public civil officer or official with limited judicial authority,
such as the authority to issue an arrest warrant. |
|
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Term
|
Definition
A rule providing that an acceptance of an offer takes effect at
the time it is communicated via the mode expressly or impliedly
authorized by the offeror, rather than at the time it is actually
received by the offeror. If acceptance is to be by mail, for
example, it becomes effective the moment it is placed in the
mailbox. |
|
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Term
|
Definition
Professional misconduct or negligence - the failure to exercise
due care - on the part of a professional, such as an attorney or
a physician. |
|
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Term
|
Definition
The partner in a law firm who makes decisions relating to the
firm’s policies and procedures and who generally oversees the
business operations of the firm. |
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Term
|
Definition
Any source of law that a court must follow when deciding a
case. Mandatory authorities include constitutions, statutes,
and regulations that govern the issue before the court, and
court decisions made by a superior court in the jurisdiction. |
|
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Term
|
Definition
All property acquired during the course of a marriage, apart
from inheritances and gifts made to one or the other of the
spouses. |
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Term
|
Definition
| A fact that is important to the subject matter of the contract. |
|
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Term
|
Definition
A method of settling disputes outside of court by using the
services of a neutral third party, who acts as a communicating
agent between the parties; a method of dispute settlement that
is less formal than arbitration. |
|
|
Term
mediation arbitration
(Med-Arb) |
|
Definition
A form of ADR in which an arbitrator first attempts to help the
parties reach an agreement, just as a mediator would. If no
agreement is reached, then formal arbitration is undertaken
and the arbitrator issues a legally binding decision. |
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Term
|
Definition
A document (known as a brief in some states) that delineates
the legal theories, statutes, and cases on which a motion is
based. |
|
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Term
|
Definition
A wrongful mental state or intent. A wrongful mental state is a
requirement for criminal liability. What constitutes a wrongful
mental state varies according to the nature of the crime. |
|
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Term
|
Definition
| A buyer and seller of commodities for profit. |
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Term
|
Definition
A process in which one corporation (the surviving corporation)
acquires all of the assets and liabilities of another corporation
(the merged corporation). |
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Term
|
Definition
Embedded electronic data recorded by a computer in
association with a particular file, including the file’s location,
path, creator, date created, date last accessed, hidden notes,
earlier versions, passwords, and formatting. Metadata reveals
information about how, when, and by whom a document was
created, accessed, modified, and transmitted. |
|
|
Term
|
Definition
The boundary lines of land, with their terminal points and
angles. A way of describing land by listing the compass
directions and distances of the boundaries. |
|
|
Term
|
Definition
A private proceeding that assists disputing parties in
determining whether to take their case to court. During the
proceeding, each party’s attorney briefly argues the party’s
case before the other party and (usually) a neutral third party,
who acts as an adviser. If the parties fail to reach an
agreement, the adviser renders an opinion as to how a court
would likely decide the issue. |
|
|
Term
|
Definition
Certain constitutional rights of accused persons taken into
custody by law enforcement officials, such as the right to
remain silent and the right to counsel, as established by the
United States Supreme Court’s decision in Miranda v. Arizona. |
|
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Term
|
Definition
A common law rule that requires that the terms of the offeree’s
acceptance adhere exactly to the terms of the offeror’s offer for
a valid contract to be formed. |
|
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Term
|
Definition
A Web site that duplicates another site. A mirror site is used to
improve the availability of access to the original site. |
|
|
Term
|
Definition
A less serious crime than a felony, punishable by a fine or
incarceration for up to one year in jail (not a state or federal
penitentiary). |
|
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Term
|
Definition
A trial that has no legal effect by reason of some error or
serious prejudicial misconduct in the proceedings. |
|
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Term
|
Definition
The most popular test for defining a person as insane under
the law, which will find a defendant insane if the defendant had
a diseased mind that caused a defect of reason, such that
when the defendant acted, the defendant either didn’t know the
act was wrong or didn’t understand the nature and quality of
the actions. |
|
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Term
|
Definition
Falsely reporting income that has been obtained through
criminal activity, such as illegal drug transactions, as income
obtained through a legitimate business enterprise to make the
“dirty” money “clean.” |
|
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Term
|
Definition
A written instrument giving a creditor an interest in the debtor’s
property as security for a debt. |
|
|
Term
|
Definition
A procedural request or application presented by an attorney to
the court on behalf of a client. |
|
|
Term
motion for a change
of venue |
|
Definition
A motion requesting that a trial be moved to a different location
to ensure a fair and impartial proceeding, for the convenience
of the parties, or for some other acceptable reason. |
|
|
Term
motion for a directed
verdict (motion for
judgment as a
matter of law) |
|
Definition
A motion requesting that the court grant a judgment in favor of
the party making the motion on the ground that the other party
has not produced sufficient evidence to support the other
party’s claim. |
|
|
Term
|
Definition
A motion asserting that the trial was so fundamentally flawed
(because of error, newly discovered evidence, prejudice, or
other reason) that a new trial is needed to prevent a
miscarriage of justice. |
|
|
Term
motion for judgment
notwithstanding the
verdict |
|
Definition
A motion (in federal courts also referred to as a motion for
judgment as a matter of law) requesting that the court grant
judgment in favor of the party making the motion on the ground
that the jury verdict against the moving party was
unreasonable or erroneous. |
|
|
Term
motion for judgment
on the pleadings |
|
Definition
A motion that may be filed by either party in which the party
asks the court to enter a judgment in that party’s favor based
on information contained in the pleadings. A judgment on the
pleadings will only be made if there are no facts in dispute and
the only question is how the law applies to a set of undisputed
facts. |
|
|
Term
motion for summary
judgment |
|
Definition
A motion that may be filed by either party in which the party
asks the court to enter a judgment in that party’s favor without
a trial. Unlike a motion for judgment on the pleadings, a
motion for summary judgment can be supported by evidence
outside the pleadings, such as witnesses’ affidavits, answers to
interrogatories, and other evidence obtained prior to or during
discovery. |
|
|
Term
|
Definition
A motion requesting that certain evidence not be brought out at
the trial, such as prejudicial, irrelevant, or legally inadmissible
evidence. |
|
|
Term
|
Definition
A motion filed by the defendant in which the defendant asks
the court to dismiss the case for a specified reason, such as
improper service, lack of personal jurisdiction, or the plaintiff’s
failure to state a claim for which relief can be granted. |
|
|
Term
|
Definition
| A motion to remove a particular judge from a case. |
|
|
Term
|
Definition
| A motion to try multiple defendants separately. |
|
|
Term
motion to suppress
evidence |
|
Definition
A motion requesting that certain evidence be excluded from
consideration during the trial. |
|
|
Term
|
Definition
Mistake as to the same material fact on the part of both parties
to a contract. In this situation, either party can cancel the
contract. |
|
|
Term
National Association
of Legal Assistants
(NALA) |
|
Definition
One of the two largest national paralegal associations in the
United States; formed in 1975. NALA is actively involved in
paralegal professional development. |
|
|
Term
National Federation
of Paralegal
Associations (NFPA) |
|
Definition
One of the two largest national paralegal associations in the
United States; formed in 1974. NFPA is actively involved in
paralegal professional development. |
|
|
Term
|
Definition
Law that pertains to a particular nation (as opposed to
international law). |
|
|
Term
|
Definition
A school of legal thought that holds that government and the
legal system should reflect the universal moral and ethical
principles that are inherent in human nature. The natural law
school is the oldest and one of the most significant schools of
legal thought. |
|
|
Term
|
Definition
The failure to exercise the standard of care that a reasonable
person would exercise in similar circumstances. |
|
|
Term
|
Definition
| An action of failure to act in violation of a statutory requirement. |
|
|
Term
|
Definition
A process in which parties attempt to settle their dispute
informally, with or without attorneys to represent them. |
|
|
Term
|
Definition
Making personal connections and cultivating relationships with
people in a certain field, profession, or area of interest. |
|
|
Term
|
Definition
An online bulletin board service. A newsgroup is a forum, or
discussion group, that usually focuses on a particular topic. |
|
|
Term
|
Definition
A divorce in which neither party is deemed to be at fault for the
breakdown of the marriage. |
|
|
Term
|
Definition
Latin for “I will not contest it.” A criminal defendant’s plea in
which the defendant chooses not to challenge, or contest, the
charges brought by the government. Although the defendant
will still be convicted and sentenced, the plea neither admits
nor denies guilt. |
|
|
Term
|
Definition
A public officer who attests or certifies writings (as a deed) to
make them authentic and takes affidavits, depositions, and
protests of negotiable paper — also called a Notary. |
|
|
Term
|
Definition
The oral expression of a person’s wishes as to the disposition
of that person’s property to be performed or to take effect after
the person’s death, dictated by the person during a final illness
before a sufficient number of witnesses and afterward reduced
to writing. |
|
|
Term
|
Definition
An attorney who has been employed to aid in the preparation
and management of a particular case but who is not the
principal attorney in the action. |
|
|
Term
|
Definition
A promise or commitment to do or refrain from doing some
specified thing in the future. |
|
|
Term
|
Definition
| The party to whom the offer is made. |
|
|
Term
|
Definition
| The party making the offer. |
|
|
Term
|
Definition
An administrative employee who manages the day-to-day
operations of a business firm. In larger law firms, office
managers are usually called legal administrators. |
|
|
Term
|
Definition
A person hired by corporate directors to assist in the
management of the day-to-day operations of the corporation.
Corporate officers include the corporate president, vice
president, secretary, treasurer, and possibly others, such as a
chief financial officer and chief executive officer. Corporate
officers are employees of the corporation and subject to
employment contracts. |
|
|
Term
online dispute
resolution (ODR) |
|
Definition
The resolution of disputes with the assistance of an
organization that offers dispute-resolution services via the
Internet. |
|
|
Term
|
Definition
A question phrased in such a way that it elicits a relatively
unguided and lengthy narrative response. |
|
|
Term
|
Definition
An attorney’s statement to the jury at the beginning of the trial.
The attorney briefly outlines the evidence that will be offered
during the trial and the legal theory that will be pursued. |
|
|
Term
|
Definition
A statement by the court setting forth the applicable law and
the reasons for its decision in a case. |
|
|
Term
|
Definition
A letter from an attorney to a client containing a legal opinion
on an issue raised by the client’s question or legal claim. The
opinion is based on a detailed analysis of the law. |
|
|
Term
|
Definition
Court document which orders property seizure to satisfy a
judgment. |
|
|
Term
|
Definition
An order, rule, or law enacted by a municipal or county
government to govern a local matter unaddressed by state or
federal legislation. |
|
|
Term
|
Definition
| The power of a court to take a case, try it, and decide it. |
|
|
Term
|
Definition
Wages paid to workers who are paid an hourly wage rate to
compensate them for overtime work (hours worked beyond
forty hours per week). Under federal law, overtime wages are
at least one and a half times the regular hourly wage rate. |
|
|
Term
|
Definition
A second (or third) citation for a given case. When a case is
published in more than one reporter, each citation is a parallel
citation to the other(s). |
|
|
Term
|
Definition
Agreement between two parties, creating an enforceable
obligation to do, or to refrain from doing, a particular thing. |
|
|
Term
|
Definition
A person who has undertaken to operate a business jointly
with one or more other persons. Each partner is a co-owner of
the business firm. |
|
|
Term
|
Definition
An association of two or more persons to carry on as coowners
a business for profit. |
|
|
Term
|
Definition
With respect to lawsuits, the plaintiff or the defendant. Some
cases involve multiple parties (more than one plaintiff or
defendant). |
|
|
Term
|
Definition
The act of listening attentively to the speaker’s message and
responding to the speaker by providing verbal or nonverbal
cues that encourage the speaker to continue; in effect, saying,
“I’m listening, please go on.” |
|
|
Term
|
Definition
A government grant that gives an inventor the exclusive right
or privilege to make, use, or sell that invention for a limited time
period. |
|
|
Term
|
Definition
A lawsuit brought by an unmarried mother to establish that a
certain male is the biological father of her child. DNA testing or
a comparable procedure is often used to determine paternity. |
|
|
Term
|
Definition
A voir dire challenge to exclude a potential juror from serving
on the jury without any supporting reason or cause.
Peremptory challenges based on racial or gender criteria are
illegal. |
|
|
Term
|
Definition
In contract law, the fulfillment of one’s duties arising under a
contract with another; the normal way of discharging one’s
contractual obligations. |
|
|
Term
|
Definition
An individual’s personal responsibility for debts or obligations.
The owners of sole proprietorships and partnerships are
personally liable for the debts and obligations incurred by their
business firms. If their firms go bankrupt or cannot meet debts
as they become due, the owners will be personally responsible
for paying the debts. |
|
|
Term
|
Definition
Any property that is not real property. Generally any property
that is movable or intangible is classified as personal property. |
|
|
Term
|
Definition
A person who manages the financial affairs of another person
who is unable to do so. |
|
|
Term
|
Definition
Any legal authority, or source of law, that a court may look to
for guidance but on which it need not rely in making its
decision. Persuasive authorities include cases from other
jurisdictions or secondary sources of law, such as scholarly
treatises. |
|
|
Term
|
Definition
The document filed with the court to initiate divorce
proceedings. The requirements governing the form and
content of a divorce petition vary from state to state. |
|
|
Term
|
Definition
In criminal law, the least serious kind of wrong, such as a traffic
or building-code violation. |
|
|
Term
|
Definition
A rule of statutory interpretation. If the meaning of a statute is
clear on its face, then that is the interpretation the court will
give to it; inquiry into the legislative history of the statute will
not be undertaken. |
|
|
Term
|
Definition
| A party who initiates a lawsuit. |
|
|
Term
|
Definition
The process by which the accused and the prosecutor in a
criminal case work out a mutually satisfactory disposition of the
case, subject to court approval. Usually, plea bargaining
involves the defendant’s pleading guilty to a lesser offense in
return for a lighter sentence. |
|
|
Term
|
Definition
Statements by the plaintiff and the defendant that detail the
facts, charges, and defenses involved in the litigation. |
|
|
Term
|
Definition
A separate pamphlet containing recent cases or changes in the
law that is used to update hornbooks, legal encyclopedias, and
other legal authorities. It is called a “pocket part” because it
slips into a sleeve, or pocket, in the front or back binder of the
volume. |
|
|
Term
|
Definition
A brief recapitulation of the point being made in a section of an
appellate brief. Point headings separate the text into logical
sections and make the argument easier to follow. |
|
|
Term
|
Definition
A school of legal thought centered on the assumption that
there is no law higher than the laws created by the
government. Laws must be obeyed, even if they are unjust, to
prevent anarchy. |
|
|
Term
potentially
responsible party
(PRP) |
|
Definition
A party who may be liable under the Comprehensive
Environmental Response, Compensation, and Liability Act, or
Superfund. Any person who generated hazardous waste,
transported hazardous waste, owned or operated a waste site
at the time of disposal, or currently owns or operates a site
may be responsible for some or all of the clean-up costs
involved in removing the hazardous chemicals. |
|
|
Term
|
Definition
The authority to act for another person in legal or financial
matters or a legal document giving such authority to someone. |
|
|
Term
|
Definition
A plea that can be entered in a courtroom and is neither an
admission of guilt nor a plea of innocence. |
|
|
Term
|
Definition
A statement at the end of the complaint requesting that the
court grant relief to the plaintiff. |
|
|
Term
|
Definition
A court decision that furnishes an example or authority for
deciding subsequent cases in which identical or similar facts
are presented. |
|
|
Term
|
Definition
Business behavior that is undertaken with the intention of
unlawfully driving competitors out of the market. |
|
|
Term
|
Definition
An initial hearing in which a magistrate decides if there is
probable cause to believe that the defendant committed the
crime for which the defendant is charged. |
|
|
Term
|
Definition
A contract formed between two persons who are contemplating
marriage to provide for the disposition of property in the event
of a divorce or the death of one of the spouses after they have
married. |
|
|
Term
|
Definition
A conference prior to trial in which the judge and the attorneys
litigating the suit discuss settlement possibilities, clarify the
issues in dispute, and schedule forthcoming trial-related
events. |
|
|
Term
|
Definition
In legal research, a document that establishes the law on a
particular issue, such as a case decision, legislative act,
administrative rule, or presidential order. |
|
|
Term
|
Definition
In agency law, a person who, by agreement or otherwise,
authorizes another person (the agent) to act on the principal’s
behalf in such a way that the acts of the agent become binding
on the principal. |
|
|
Term
|
Definition
In tort law, the ability to act contrary to another person’s right
without that person’s having legal redress for such acts.
Privilege may be raised as a defense to defamation. |
|
|
Term
|
Definition
Confidential communications between certain individuals, such
as an attorney and a client, that are protected from disclosure
except under court order. |
|
|
Term
|
Definition
At common law, a separate exam given to a married woman to
ensure she freely consented to selling property and was not
forced. |
|
|
Term
|
Definition
Reasonable grounds to believe the existence of facts
warranting certain actions, such as the search or arrest of a
person. |
|
|
Term
|
Definition
The process of “proving” the validity of a will and ensuring that
the instructions in a valid will are carried out, including settling
matters pertaining to the administration of a decedent’s estate
and guardianship of a decedent’s minor children. |
|
|
Term
|
Definition
A court that handles proceedings relating to wills and the
settlement of deceased persons’ estates; usually a county
court. |
|
|
Term
|
Definition
Rules that define the manner in which the rights and duties of
individuals may be enforced.
product liability The legal liability of manufacturers |
|
|
Term
|
Definition
The legal liability of manufacturers, sellers, and lessors of
goods to consumers, users, and bystanders for injuries or
damages that are caused by the goods. |
|
|
Term
professional
corporation (P.C.) |
|
Definition
A corporation which is engaged in rendering professional
services pursuant to a certificate of registration issued by the
Licensing Board regulating the profession or practice, and
which has as its shareholders only those licensees of that
profession or practice |
|
|
Term
|
Definition
A job applicant’s collection of selected personal documents
(such as school transcripts, writing samples, and certificates)
for presentation to a potential employer. |
|
|
Term
|
Definition
An assurance that one will or will not do something in the
future. |
|
|
Term
|
Definition
A doctrine under which a promise is binding if the promise is
clear and definite, the promisee justifiably relies on the
promise, the reliance is reasonable and substantial, and justice
will be better served by enforcement of the promise. |
|
|
Term
|
Definition
The division of property between spouses on the termination of
a marriage. |
|
|
Term
|
Definition
A document that discloses relevant facts about a company and
its operations so that those who wish to purchase stock
(invest) in the corporation have the basis for making an
informed decision. |
|
|
Term
|
Definition
Legal cause; exists when the connection between an act and
an injury is strong enough to justify imposing liability. |
|
|
Term
|
Definition
A court-appointed attorney who is paid by the state to
represent a criminal defendant who is financially unable to hire
private counsel. |
|
|
Term
|
Definition
An identification number that has been assigned to a specific
statute, or public law, following the legislative process. |
|
|
Term
|
Definition
| A governmental policy based on widely held societal values. |
|
|
Term
|
Definition
An individual, acting as a trial lawyer, who initiates and
conducts criminal cases in the government’s name and on
behalf of the people. |
|
|
Term
|
Definition
A corporation whose shares are publicly traded in securities
markets, such as the New York Stock Exchange. |
|
|
Term
|
Definition
Money damages that may be awarded to a plaintiff to punish
the defendant and deter future similar conduct. |
|
|
Term
|
Definition
Land and things permanently attached to the land, such as
houses, buildings, and trees and foliage; also known as “real
property”. |
|
|
Term
|
Definition
Immovable property consisting of land and the buildings and
plant life thereon. |
|
|
Term
reasonable person
standard |
|
Definition
The standard of behavior expected of a hypothetical
“reasonable person”; the standard against which negligence is
measured and that must be observed to avoid liability for
negligence. |
|
|
Term
|
Definition
The items submitted during the trial (pleadings, motions, briefs,
and exhibits) and the transcript of the trial proceedings that are
forwarded to the appellate court for review when a case is
appealed. |
|
|
Term
|
Definition
The questioning of an opposing witness following the adverse
party’s redirect examination. |
|
|
Term
|
Definition
The questioning of a witness following the adverse party’s
cross-examination. |
|
|
Term
|
Definition
The portion of the letter that indicates the matter to be
discussed in the letter, such as “RE: Summary of Cases
Applying the Family and Medical Leave Act of 1993.” The
reference line is placed just below the address block and
above the salutation. |
|
|
Term
|
Definition
An equitable remedy granted by a court to correct, or “reform,”
a written contract so that it reflects the true intentions of the
parties. |
|
|
Term
|
Definition
Custodian and manager of large volumes of public records
related to real property. |
|
|
Term
|
Definition
A business or individual designated to receive service of
process (SOP) such as a lawsuit or summons when a business
entity is a party in a legal action. |
|
|
Term
|
Definition
Evidence tending to prove or disprove the fact in question.
Only relevant evidence is admissible in court. |
|
|
Term
|
Definition
| To send a case back to a lower court for further proceedings. |
|
|
Term
|
Definition
The means by which a right is enforced or the violation of a
right is prevented or compensated for. |
|
|
Term
|
Definition
The formal greeting to the addressee of the letter. The
salutation is placed just below the reference line. |
|
|
Term
|
Definition
A written order, based on probable cause and issued by a
judge or public official (magistrate), commanding that police
officers or criminal investigators search a specific person,
place, or property to obtain evidence. |
|
|
Term
|
Definition
| Occurring or performed at the proper time; timely. |
|
|
Term
|
Definition
In legal research, any publication that indexes, summarizes, or
interprets the law, such as a legal encyclopedia, a treatise, or
an article in a law review. |
|
|
Term
|
Definition
| An official with various duties, such as keeping records |
|
|
Term
|
Definition
Any interest in a property that secures the payment of an
obligation. |
|
|
Term
|
Definition
The legally recognized privilege to protect oneself or one’s
property against injury by another. The privilege of selfdefense
only protects acts that are reasonably necessary to
protect oneself or one’s property. |
|
|
Term
|
Definition
The act of giving testimony that implicates one’s own guilt or
participation in criminal wrong-doing. The Fifth Amendment to
the Constitution states that no person “shall be compelled in
any criminal case to be a witness against himself.” |
|
|
Term
|
Definition
A will which has been properly witnessed (by either two or
three witnesses depending on state laws) and the witnesses
have signed an affidavit before a Notary Public stating that all
of the proper formalities of the will’s execution have been
complied with. |
|
|
Term
|
Definition
The regulation of the conduct of a professional group by
members of the group. Self-regulation usually involves the
establishment of ethical or professional standards of behavior
with which members of the group must comply. |
|
|
Term
|
Definition
The punishment, or penalty, ordered by the court to be inflicted
on a person convicted of a crime. |
|
|
Term
|
Definition
Property that a spouse owned before the marriage, plus
inheritances and gifts acquired by the spouse during the
marriage. |
|
|
Term
|
Definition
The act of delivering a writ or summons by publishing a notice
in a newspaper. |
|
|
Term
|
Definition
| The delivery of the summons and the complaint to a defendant. |
|
|
Term
|
Definition
Law as officially published in volumes in which statutes are
organized chronologically by year or legislative session. |
|
|
Term
|
Definition
An out-of-court resolution to a legal dispute, which is agreed to
by the parties in writing. A settlement agreement may be
reached at any time prior to or during a trial. |
|
|
Term
|
Definition
An organized, persuasive presentation of facts, reports, and
exhibits prepared and sent to the opposing side in litigation,
forcing an evaluation of the plaintiff’s claim. |
|
|
Term
|
Definition
In the employment context, (1) hiring or granting of job
promotions or other benefits in return for sexual favors (quid
pro quo harassment) or (2) language or conduct that is so
sexually offensive that it creates a hostile working environment
(hostile-environment harassment). |
|
|
Term
|
Definition
A unit of stock; a measure of ownership interest in a
corporation. |
|
|
Term
|
Definition
One who purchases corporate stock, or shares, and who thus
becomes an owner of the corporation. |
|
|
Term
|
Definition
An agreement whose terms are expressed in a document
located inside the box in which the goods (usually software)
are packaged. |
|
|
Term
|
Definition
|
|
Term
|
Definition
The first official publication of a statute, which comes out
shortly after the legislation is passed (presented as a single
sheet or pamphlet). |
|
|
Term
|
Definition
A judicial opinion published shortly after the decision is made
and not yet included in a case reporter or advance sheets. |
|
|
Term
|
Definition
A school of legal thought that views the law as a tool for
promoting justice in society. |
|
|
Term
|
Definition
The simplest form of business organization, in which the owner
is the business. Anyone who does business without creating a
formal business entity has a sole proprietorship |
|
|
Term
|
Definition
An equitable remedy requiring exactly the performance that
was specified in a contract; usually granted only when money
damages would be an inadequate remedy and the subject
matter of the contract is unique (for example, real property). |
|
|
Term
|
Definition
An attorney hired by a law firm as an employee. A staff
attorney has no ownership rights in the firm and will not be
invited to become a partner in the firm. |
|
|
Term
|
Definition
| One who has a share or an interest, as in an enterprise. |
|
|
Term
|
Definition
A sufficient stake in a controversy to justify bringing a lawsuit.
To have standing to sue, the plaintiff must demonstrate that he
or she has been either injured or threatened with injury. |
|
|
Term
|
Definition
The use of asterisks by Westlaw and LexisNexis to indicate
page numbers in multiple case reporters. |
|
|
Term
|
Definition
The doctrine of precedent, under which a court is obligated to
follow the earlier decisions of that court or a higher court within
the jurisdiction if the same points arise again in litigation. This
is a defining characteristic of the common law system. |
|
|
Term
|
Definition
An association of attorneys within a state. In most states, an
attorney must be a member of the state bar association to
practice law in the state. |
|
|
Term
|
Definition
Correspondence sent to client which provides an update on
case status. |
|
|
Term
|
Definition
A written law enacted by a legislature under its constitutional
lawmaking authority. |
|
|
Term
|
Definition
A state statute that requires certain types of contracts to be in
writing to be enforceable. |
|
|
Term
|
Definition
A statute setting the maximum time period within which certain
actions can be brought or rights enforced. After the period of
time has run, no legal action can be brought. |
|
|
Term
|
Definition
| The body of written laws enacted by the legislature. |
|
|
Term
|
Definition
One who owns a share or shares of stock in a company. Also
called stockowner. |
|
|
Term
|
Definition
Liability regardless of fault. In tort law, strict liability may be
imposed on a merchant who introduces into commerce a good
that is so defective as to be unreasonably dangerous. |
|
|
Term
|
Definition
| A set of guidelines for determining an offender’s sentence. |
|
|
Term
|
Definition
A written agreement to submit a legal dispute to an arbitrator or
arbitrating panel for resolution. |
|
|
Term
|
Definition
A document commanding a person to appear at a certain time
and place to give testimony concerning a certain matter. |
|
|
Term
|
Definition
A writ issued by a court at the request of one of the parties to a
suit; it requires a witness to bring to court or to a deposition
any relevant documents under the witness’s control. |
|
|
Term
|
Definition
Law that defines the rights and duties of individuals with
respect to each other, as opposed to procedural law, which
defines the manner in which these rights and duties may be
enforced. |
|
|
Term
|
Definition
A method of settling disputes (used in some federal courts) in
which a trial is held but the jury’s verdict is not binding. The
verdict only acts as a guide to both sides in reaching an
agreement during the mandatory negotiations that immediately
follow the trial. If a settlement is not reached, both sides have
the right to a full trial later. |
|
|
Term
|
Definition
A document served on a defendant in a lawsuit informing the
defendant that a legal action has been commenced against the
defendant and that the defendant must appear in court or
respond to the plaintiff’s complaint within a specified period of
time. |
|
|
Term
|
Definition
Employees who provide clerical, secretarial, or other support to
the legal, paralegal, and administrative staff of a law firm. |
|
|
Term
|
Definition
An affidavit accompanying a motion that is filed by an attorney
on behalf of a client. The sworn statements in the affidavit
provide a factual basis for the motion. |
|
|
Term
|
Definition
The provision in Article VI of the U.S. Constitution that declares
the Constitution, laws, and treaties of the United States are
“the supreme Law of the Land.” |
|
|
Term
|
Definition
A name shared in common to identify the members of a family,
as distinguished from each member’s given name. Also called
family name or last name. |
|
|
Term
|
Definition
A serious disciplinary sanction in which an attorney who has
violated an ethical rule or a law is prohibited from practicing
law in the state for a specified or indefinite period of time. |
|
|
Term
|
Definition
A brief summary of the holding and legal principles involved in
a reported case, which is followed by the court’s official
opinion. |
|
|
Term
|
Definition
An alphabetical list of the cases that have been cited or
reproduced in a legal text, case digest, or other legal source. |
|
|
Term
|
Definition
A type of concurrent estate in real property held by a husband
and wife whereby each owns the undivided whole of the
property. |
|
|
Term
|
Definition
A form of co-ownership of property in which each party owns
an undivided interest that passes to his or her heirs at death. |
|
|
Term
|
Definition
| Absolute and sole ownership of property |
|
|
Term
|
Definition
A trust that is created by will and that does not take effect until
the death of the testator. |
|
|
Term
|
Definition
| The condition of having died with a valid will. |
|
|
Term
|
Definition
| One who makes a valid will. |
|
|
Term
|
Definition
A person or entity not directly involved in an agreement (such
as a contract), legal proceeding (such as a lawsuit), or
relationship (such as an attorney-client relationship). |
|
|
Term
|
Definition
A reminder system that allows time-sensitive documents to be
filed according to the future date on which each document
needs action. |
|
|
Term
|
Definition
A record documenting, for billing purposes, the hours (or
fractions of hours) that an attorney or a paralegal worked for
each client, the date on which the work was done, and the type
of work that was undertaken. |
|
|
Term
|
Definition
To give a summary of the ownership of land, showing the
original grant, conveyances, and any encumbrances. |
|
|
Term
|
Definition
The process of examining official county records to determine
whether an owner’s rights in real property are good. |
|
|
Term
|
Definition
A condensed version of a deposition organized by
topic/subject. |
|
|
Term
|
Definition
A civil wrong not arising from a breach of contract; a breach of
a legal duty that proximately causes harm or injury to another. |
|
|
Term
|
Definition
|
|
Term
|
Definition
A wrongful act (tort) that occurs when a person or business
fails to properly use or clean up toxic chemicals that cause
harm to a person or to society; also used to refer to an action
brought against a toxic polluter |
|
|
Term
|
Definition
A newsletter, magazine, or other periodical that provides a
certain trade or profession with information (products, trends,
or developments) relating to that trade or profession. |
|
|
Term
|
Definition
A term that is used to indicate part or all of a business’s name
and that is directly related to the business’s reputation and
goodwill. Trade names are protected under the common law
(and under trademark law, if the business’s name is the same
as its trademark). |
|
|
Term
|
Definition
Information or processes that give a business an advantage
over competitors who do not know the information or
processes. |
|
|
Term
|
Definition
A distinctive mark, motto, device, or emblem that a
manufacturer stamps, prints, or otherwise affixes to the goods
it produces so that they may be identified on the market and
their origins made known. Once a trademark is established
(under the common law or through registration), the owner is
entitled to its exclusive use. |
|
|
Term
|
Definition
In legal research, a work that provides a systematic, detailed,
and scholarly review of a particular legal subject. |
|
|
Term
|
Definition
An agreement, or compact, formed between two independent
nations. |
|
|
Term
|
Definition
The entry onto, above, or below the surface of land owned by
another without the owner’s permission or legal authorization. |
|
|
Term
trespass to personal
property |
|
Definition
The unlawful taking or harming of another’s personal property;
interference with another’s right to the exclusive possession of
the other’s personal property. |
|
|
Term
|
Definition
A court in which cases begin and in which questions of fact are
examined. |
|
|
Term
|
Definition
A binder that contains copies of all of the documents and
information that an attorney will need to have at hand during
the trial. |
|
|
Term
|
Definition
An arrangement in which title to property is held by one person
(a trustee) for the benefit of another (a beneficiary) |
|
|
Term
|
Definition
A bank or escrow account in which one party (the trustee, such
as an attorney) holds funds belonging to another person (such
as a client); a bank account into which funds advanced to a law
firm by a client are deposited. |
|
|
Term
unauthorized
practice of law (UPL) |
|
Definition
The act of engaging in actions defined by a legal authority,
such as a state legislature, as constituting the “practice of law”
without legal authorization to do so. |
|
|
Term
Uniform Commercial
Code (UCC) |
|
Definition
A uniform code of laws governing commercial transactions that
has been adopted in part or in its entirety by all of the states.
Article 9 of the UCC governs secured transactions. |
|
|
Term
|
Definition
Mistake as to a material fact on the part of only one party to a
contract. In this situation, the contract is normally enforceable
against the mistaken party, with some exceptions. |
|
|
Term
unreasonable
search and seizure |
|
Definition
Search of an individual or the individual’s premises (including
an automobile) and/or seizure of evidence found in such a
search by a law enforcement officer without a search warrant
and without “probable cause” to believe evidence of a crime is
present. Such a search and/or seizure is unconstitutional
under the Fourth Amendment of the U.S. Constitution (applied
to the states by the Fourteenth Amendment), and evidence
obtained thereby may not be introduced in court. |
|
|
Term
unreasonably
dangerous product |
|
Definition
In product liability, a product that is defective to the point of
threatening a consumer’s health and safety. A product will be
considered unreasonably dangerous if it is dangerous beyond
the expectation of the ordinary consumer or if a less dangerous
alternative was economically feasible for the manufacturer, but
the manufacturer failed to produce it. |
|
|
Term
|
Definition
The geographical district in which an action is tried and from
which the jury is selected. |
|
|
Term
|
Definition
| A formal decision made by a jury. |
|
|
Term
|
Definition
Legal responsibility placed on one person for the acts of
another. |
|
|
Term
|
Definition
The right of a noncustodial parent to have contact with his or
her child. Grandparents and stepparents may also be given
visitation rights. |
|
|
Term
|
Definition
A proceeding in which attorneys for the plaintiff and the
defendant ask prospective jurors questions to determine
whether any potential juror is biased or has any connection
with a party to the action or with a prospective witness. |
|
|
Term
|
Definition
An express or implied promise by a seller that specific goods to
be sold meet certain criteria, or standards of performance, on
which the buyer may rely. |
|
|
Term
|
Definition
A crime that typically occurs only in a business context;
popularly used to refer to an illegal act or series of acts
committed by an individual or business entity using nonviolent
means. |
|
|
Term
|
Definition
A document directing how and to whom the maker’s property
and obligations are to be transferred on his or her death. |
|
|
Term
|
Definition
| A person to whom the decedent’s property is given. |
|
|
Term
|
Definition
The process of winding up all business affairs (collecting and
distributing the firm’s assets) after a partnership or corporation
has been dissolved. |
|
|
Term
|
Definition
| A person who is asked to testify under oath at a trial. |
|
|
Term
|
Definition
The written record of the statements made by a witness during
an interview, signed by the witness. |
|
|
Term
|
Definition
An attorney’s mental impressions, conclusions, and legal
theories regarding a case being prepared on behalf of a client.
Work product normally is regarded as privileged information. |
|
|
Term
|
Definition
State laws establishing an administrative procedure for
compensating workers for injuries that arise in the course of
their employment, regardless of fault. |
|
|
Term
|
Definition
A hypertext-based system through which specially formatted
documents are accessible on the Internet. |
|
|
Term
|
Definition
A writ from a higher court asking the lower court to send the
higher court the record of a case for review. The United States
Supreme court uses certiorari to review most of the cases it
decides to hear. |
|
|
Term
|
Definition
| A writ that puts in force a court’s decree or judgment. |
|
|
Term
|
Definition
An employer’s termination of an employee’s employment in
violation of the law. |
|
|
