Familay law chapter 1
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10 terms
Terms | Definitions |
|---|---|
 1. Conflict of interest | A situation or circumstance that interferes with the attorney's or paralegal's duties of zealous advocacy and loyalty to the client |
| 2. Contingent fee | The payment of a certain percentage of the amount recovered by the client in a settlement or court judgment (plus fees and costs) based on results obtained; common in personal injury cases but generally not permitted in divorce cases except in limited circumstances such as collection of past due child support |
| 3. Ex parte | Without advance notice to or hearing argument from the opposing party based on the urgency of the matter or the harm that might otherwise result |
| 4. Fee agreement | A contract between an attorney and a client regarding payment for the attorney's professional services |
| 5. Guardian ad litem | A person usually a lawyer appointed by the court to conduct an investigation or to represent a party who is a minor or otherwise unable to represent him or herself in a legal proceeding; the guardian's role may be limited to a particular matter, such as custody |
| 6. No-fault divorce | Divorce based on an irremediable breakdown of the marital relationship rather than on the fault of one or both parties |
| 7. Personal jurisdiction | The authority of a court to issue and enforce orders binding a particular individual; sometimes called in personam jurisdiction |
| 8. Pro se | Latin for self the condition under which a person represents himself or herself in a legal proceeding without the assistance of an attorney |
| 9. Qualified domestic relations orders (QDROs) | A court order directing the administrator of a pension plan to pay a specified portion of a current or former employee's pension to an alternate payee to satisfy a support or other marital obligation |
| 10. Subject matter jurisdiction | The authority of a court to hear and decide a particular type of claim or controversy |
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