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Study sets matching "paralegal"

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Study sets matching "paralegal"

93 terms
Paralegal
Statute of Frauds
What kind of contracts must be in writ…
The Uniform Commercial Code
The RePOP Standard
A state statute under which certain types of contracts must b…
a prenuptial agreement, a claim that a third party has promis…
a proposed law made up by learned scholars which set out a bl…
"Reasonable Person of Ordinary Prudence"... the court imagines a…
Statute of Frauds
A state statute under which certain types of contracts must b…
What kind of contracts must be in writ…
a prenuptial agreement, a claim that a third party has promis…
57 terms
Paralegal
Affirm
Affirmative Defense
Allegations
Answer
to uphold judgement of a lower court
a response to a plaintiffs claims that does not deny the plai…
a party's statement or claim or assertion made in a pleading…
A defendants response to a plaintiffs complaint
Affirm
to uphold judgement of a lower court
Affirmative Defense
a response to a plaintiffs claims that does not deny the plai…
95 terms
Paralegal
antinuptial agreement
condition
condition concurrent
condition precedent
contract entered into prior to marriage determining parties r…
fact or event - the happening or nonhappening of which create…
promise promise to perform and performance occur simultaneously
fact or event that must occur before an absolute duty to perf…
antinuptial agreement
contract entered into prior to marriage determining parties r…
condition
fact or event - the happening or nonhappening of which create…
263 terms
Paralegal
abrogation
ad adendum clause
ad hoc
ad litem
the end or modification of a law
the element of the complaint that asks for damages; also call…
Latin for "what is at hand"
Latin for "the current legal matter"
abrogation
the end or modification of a law
ad adendum clause
the element of the complaint that asks for damages; also call…
93 terms
Paralegal
Statute of Frauds
What kind of contracts must be in writ…
The Uniform Commercial Code
The RePOP Standard
A state statute under which certain types of contracts must b…
a prenuptial agreement, a claim that a third party has promis…
a proposed law made up by learned scholars which set out a bl…
"Reasonable Person of Ordinary Prudence"... the court imagines a…
Statute of Frauds
A state statute under which certain types of contracts must b…
What kind of contracts must be in writ…
a prenuptial agreement, a claim that a third party has promis…
263 terms
Paralegal
abrogation
ad adendum clause
ad hoc
ad litem
the end or modification of a law
the element of the complaint that asks for damages; also call…
Latin for "what is at hand"
Latin for "the current legal matter"
abrogation
the end or modification of a law
ad adendum clause
the element of the complaint that asks for damages; also call…
14 terms
Paralegal
pleading
pleading folder includes...
prima facie
mens rea
a formal statement of the cause of an action or defense
both sides' pleadings and motions; summary of the allegations…
Latin for "at first look," or "on its face," referring to a l…
mental state; intent to do the act
pleading
a formal statement of the cause of an action or defense
pleading folder includes...
both sides' pleadings and motions; summary of the allegations…
Paralegal
Civil Law
Estate
Doctrine
Retainer
The part of the legal system that seeks to redress wrongs by…
The assets and liabilities of a deceased person
A generally accepted legal concept ("double jeopardy", "joint…
The hiring of a legal representative (by written agreement)
Civil Law
The part of the legal system that seeks to redress wrongs by…
Estate
The assets and liabilities of a deceased person
145 terms
paralegal
acquittal
action
ad damnum clause
ad hoc
A finding of not guilty, an absolution of guilt, or a jury ve…
a lawsuit brought in court.
Prayer for relief(how much that can be sued for)
for a specific purpose, an ad hoc committee organizes to achi…
acquittal
A finding of not guilty, an absolution of guilt, or a jury ve…
action
a lawsuit brought in court.
71 terms
paralegal
Acquit
Act
Ad Damnum
Adjourn
To declare that the accused id innocent of the crime.
A law passed by the state or federal legislature taht declare…
A cluse stating the damages claimed.
To halt the proceedings temporarily.
Acquit
To declare that the accused id innocent of the crime.
Act
A law passed by the state or federal legislature taht declare…
36 terms
Paralegal
Circuit Court
Superior Court
Superior Court
Superior Court
District Court, Family Court, Probate Court - Lowest Level
Criminal Cases - Felonies and Misdemeanors requesting jury tr…
Civil Cases - Minimum claim of $1,500 and all claims over $25…
Equity Actions - petitions for injunctive relief, appeals fro…
Circuit Court
District Court, Family Court, Probate Court - Lowest Level
Superior Court
Criminal Cases - Felonies and Misdemeanors requesting jury tr…
13 terms
Paralegal
What is the purpose of criminal law?
How is it criminal different from civil?
What is common law?
What are the sources of criminal law?
identifies conduct subject to prosecution and penalty by the…
it defines the rights of individuals in their relationships w…
traditional law originating in England, recorded in judicial…
codes, ordinances, and treaties.
What is the purpose of criminal law?
identifies conduct subject to prosecution and penalty by the…
How is it criminal different from civil?
it defines the rights of individuals in their relationships w…
21 terms
paralegal
OGE 450 -Confidential Financial Disclo…
JAG- Judge Advocate General
Tort claims
OSJA
This form is used by executive branch employees who are less…
Judge Advocates serve primarily as legal advisors to the comm…
A tort claim is a claim against the National Archives or its…
Office of the Staff Judge Advocate's
OGE 450 -Confidential Financial Disclo…
This form is used by executive branch employees who are less…
JAG- Judge Advocate General
Judge Advocates serve primarily as legal advisors to the comm…
11 terms
Paralegal
Establishment
Trace (Traced)
Litigation
Witness (Witnesses)
...
To study or describe the history, development or origin of so…
The process of taking a legal case to a court of law
Someone who saw an accident or a crime
Establishment
...
Trace (Traced)
To study or describe the history, development or origin of so…
90 terms
Paralegal
Affirm
Affirmative Defense
Allegations
Answer
to uphold judgement of a lower court
a response to a plaintiffs claims that does not deny the plai…
a party's statement or claim or assertion made in a pleading…
A defendants response to a plaintiffs complaint
Affirm
to uphold judgement of a lower court
Affirmative Defense
a response to a plaintiffs claims that does not deny the plai…
14 terms
PARALEGAL
JURISDICTION
courts of appeals
concurring opinion
dissenting opinion
The authority of a court to hear a case only in their jurisdi…
Federal courts that hear appeals from district courts; no tri…
An opinion that agrees with the majority in a Supreme Court r…
a signed opinion in which one or more justices disagree with…
JURISDICTION
The authority of a court to hear a case only in their jurisdi…
courts of appeals
Federal courts that hear appeals from district courts; no tri…
11 terms
paralegal
abrtration
mediation
local rules of court
cause of action
out of court hearing
informal out of control dispute resolution process a mediator…
procedural rules adopted by an individual court for practice…
basis upon which a lawsuit may be bought to the court
abrtration
out of court hearing
mediation
informal out of control dispute resolution process a mediator…
107 terms
Paralegal
Headnote
Enabling Legislation
Treatise
Adjudicate
A note, usually a paragraph long, near the beginning of repor…
Statue enacted by a legislature that authorized the creation…
In legal research, a work that provides a systematic, detaile…
To resolve a dispute using a neutral decision maker
Headnote
A note, usually a paragraph long, near the beginning of repor…
Enabling Legislation
Statue enacted by a legislature that authorized the creation…
52 terms
Paralegal
UNIFORM LAW
Types of Secondary Authority
Types of Primary Authority
OVERREACHING
Laws proposed to state legislatures in areas where uniformity…
Legal periodicals, encyclopedias, & treatises, law journals,…
Constitutions, statutes, court opinions, court rules, and adm…
Taking unfair advantage of another's naitivete or other vulne…
UNIFORM LAW
Laws proposed to state legislatures in areas where uniformity…
Types of Secondary Authority
Legal periodicals, encyclopedias, & treatises, law journals,…
19 terms
paralegal
Alternate dispute resolution
answer
arbitration
common law
ways to resolve a legal problem without a court decision; for…
The first pleading by the defendant in a law suit. This plead…
resolution of a dispute by a person whose decision is binding…
Either all caselaw or the caselaw that is made by judges in t…
Alternate dispute resolution
ways to resolve a legal problem without a court decision; for…
answer
The first pleading by the defendant in a law suit. This plead…
263 terms
Paralegal
abrogation
ad adendum clause
ad hoc
ad litem
the end or modification of a law
the element of the complaint that asks for damages; also call…
Latin for "what is at hand"
Latin for "the current legal matter"
abrogation
the end or modification of a law
ad adendum clause
the element of the complaint that asks for damages; also call…
49 terms
paralegal
action
arraignment
arrest
arrest warrant
lawsuit or court proceeding
a legal document calling someone to court to answer an indict…
deprive a person of their liberty
a warrant authorizing law enforcement officials to apprehend…
action
lawsuit or court proceeding
arraignment
a legal document calling someone to court to answer an indict…
8 terms
paralegal
attorney-client privilege
conflict of interest
cost
attorney's fees
provides that information furnished by a client to an attorne…
The ethical rule prohibiting attorneys and paralegals from wo…
the total spent for goods or services including money and tim…
Attorney's fees are not damages, but operate as reparation fo…
attorney-client privilege
provides that information furnished by a client to an attorne…
conflict of interest
The ethical rule prohibiting attorneys and paralegals from wo…
66 terms
Paralegal Final
Miranda rights
Amendments ... 5th
Amendments ... 6th
Amendments ... 8th
1. The right to remain silent.... 2. That any statements made ma…
privilege against self-incrimination -Miranda Warnings. *proh…
right to: speedy trial, public trial, trial by jury, subpoena…
excessive bail prohibited.
Miranda rights
1. The right to remain silent.... 2. That any statements made ma…
Amendments ... 5th
privilege against self-incrimination -Miranda Warnings. *proh…
47 terms
Paralegal
Substantive Law
Procedural Law
Types of Substantive Law (4):
Who enacts statutes?
Governs how members of society are to behave, defines rights…
The procedure of making, administering, and enforcing substan…
1. Constitutions... 2. Statues... 3. Rules/Regulations... 4. Common Law
legislature
Substantive Law
Governs how members of society are to behave, defines rights…
Procedural Law
The procedure of making, administering, and enforcing substan…
19 terms
Paralegal
Consideration
Condition Precedent
Implied-in-law contract
Parol Evidence rule
Something of value that is bargained for and given in exchange
Certain act must occur before the other party has a duty to p…
Imposed by the court to prevent unjust enrichment
No evidence of comtempraneous oral agreements tocontadict wri…
Consideration
Something of value that is bargained for and given in exchange
Condition Precedent
Certain act must occur before the other party has a duty to p…
40 terms
PARALEGAL
IOLTA
In texas who gets the interest on IOLT…
In Texas what word preceds the executo…
what kind of trust is created if there…
interest on lawyers trust account
Texas access to Justice Foundation
...
...
IOLTA
interest on lawyers trust account
In texas who gets the interest on IOLT…
Texas access to Justice Foundation
50 terms
Paralegal
What does the US Constitution say abou…
Is it a requirement for a Supreme Cour…
Can US Supreme court justices be remov…
Have any US Supreme Court justices bee…
"The judicial Power of the United States, shall be vested in…
No
Yes
Yes, Samuel Chase. Associate justice from 1796-1811, impeache…
What does the US Constitution say abou…
"The judicial Power of the United States, shall be vested in…
Is it a requirement for a Supreme Cour…
No
9 terms
Paralegal
What is a Law?
MO Circuit Courts have how many circui…
MO Supreme court has how many judges
Mo court of appeals is what circuit
Rule that has to be followed or else there is consequences.
45, Stlouis County is 21, city is 22
7
8th, 13 total
What is a Law?
Rule that has to be followed or else there is consequences.
MO Circuit Courts have how many circui…
45, Stlouis County is 21, city is 22
Paralegal
Testator
A spouse who owns a home as separate p…
I in Texas, what agitative proceeds th…
What is an independent executor?
The person for whom a will is made
Life estate
Independent
After probate, The independent executor can carry out the wil…
Testator
The person for whom a will is made
A spouse who owns a home as separate p…
Life estate
31 terms
Paralegals
Notice of Intent
Notice of Claim
Notice of Motion
Trail Calendar
Condition precedent to sue the state and its agencies. (90 da…
Condition precednt to sue local government and their agencies…
Notice served on the opposing party served on respondent. An…
Serve and file with the clerk of the court a Note of Issue wi…
Notice of Intent
Condition precedent to sue the state and its agencies. (90 da…
Notice of Claim
Condition precednt to sue local government and their agencies…
33 terms
Paralegalism
ABA
Attorney work product
confidentiality
conflict of interest
American Bar Association
Notes, working papers, memoranda, or similar tangible things…
Information that others do not have the right to receive and…
Divided loyalty that actually or potentially harms someone wh…
ABA
American Bar Association
Attorney work product
Notes, working papers, memoranda, or similar tangible things…
112 terms
Introduction to Paralegal
Paralegal
Bro bono
American Bar Association (ABA)
Lawyer
A trained and educated legal professional who performs substa…
Legal representation performed voluntarily and for free.
A national organization of lawyers, providing support and con…
Also known as attorney. A person who is licensed by a state t…
Paralegal
A trained and educated legal professional who performs substa…
Bro bono
Legal representation performed voluntarily and for free.
32 terms
Paralegal Ethics
Ethics
Texas legal ethics rules
Ethical
UPL
rules of professionalism that protects both paralegals and cl…
Texas Disciplinary Rules of Professional Conduct
at all times
Unauthorized Practice of Law
Ethics
rules of professionalism that protects both paralegals and cl…
Texas legal ethics rules
Texas Disciplinary Rules of Professional Conduct
100 terms
Paralegal Assessment
Proximate Causation
Defamation
Probable Cause
Mens Rea
Plaintiffs injuries must foreseeably relate to the defendants…
is a false communication or careless disregard for the truth…
reasonable cause for issuing a search warrant or making an ar…
Criminal intent.
Proximate Causation
Plaintiffs injuries must foreseeably relate to the defendants…
Defamation
is a false communication or careless disregard for the truth…
100 terms
Paralegal Assessment
Paralegal
Attorney General
District Attorney
Contingent fee
A person qualified by education, training, or work experience…
An attorney who prosecutes criminal defendants for the govern…
An attorney who prosecutes criminals defendants at the county…
Fee is a percentage of any award received by the client.
Paralegal
A person qualified by education, training, or work experience…
Attorney General
An attorney who prosecutes criminal defendants for the govern…
115 terms
Paralegal Final
T/F:... The law keeps changing and varies…
What are the societal functions of the…
What are the critical thinking skills…
When a paralegal gathers facts, what a…
True
helps people resolve problems or conflicts they can not resol…
Gather and analyze facts... Identify the appropriate legal rules…
Initial client interview... Drafting documents to ask for inform…
T/F:... The law keeps changing and varies…
True
What are the societal functions of the…
helps people resolve problems or conflicts they can not resol…
132 terms
Paralegal Exam
b.
d.
b.
d.
Which of the following is true of paralegals?... a. They may pra…
Which of the following are tasks that paralegals may perform?…
As a paralegal getting a case ready for trial, you will NOT s…
Legal assistants must be able to keep confidences because:... a.…
b.
Which of the following is true of paralegals?... a. They may pra…
d.
Which of the following are tasks that paralegals may perform?…
Paralegal vocabulary
Paralegal
unauthorized practice of law (UPL)
attorney at law
bar association
A person with legal skills who works under the supervision of…
providing legal advice to someone who is not licences to prac…
person admitted to practice law and perform both civil and cr…
statewide organization that regulates the practice of law
Paralegal
A person with legal skills who works under the supervision of…
unauthorized practice of law (UPL)
providing legal advice to someone who is not licences to prac…
24 terms
paralegal terms
sole practitioner
independent contractors
paralegal
contingent fee
lawyers who practises on his/her own
self employed paralegal
a person with specialized training who assists lawyers
a fee paid only if the case is won (the corporation that is s…
sole practitioner
lawyers who practises on his/her own
independent contractors
self employed paralegal
55 terms
Paralegal Terms Exam
estate
civil law
court
liable
all the property left by someone who has died
a violation of civil law does not directly harm the community…
tribunal or forum where the trail occurs
legally responsible
estate
all the property left by someone who has died
civil law
a violation of civil law does not directly harm the community…
71 terms
Paralegal Terms
pro se
probable cause
probation
procedural law
when a party appears in an action without representation by a…
a reasonable basis to believe that a defendant has committed…
an alternate to imprisonment where the court releases a defen…
the rules setting forth the steps required to conduct a lawsu…
pro se
when a party appears in an action without representation by a…
probable cause
a reasonable basis to believe that a defendant has committed…
paralegal terms
ACQUIT
legal action
adjudicate
administrative regulations
to declare not guilty
Litigation (n)
To hear and decide judicially; to judge
n. ~ A rule, which has the force of law, issued by a governme…
ACQUIT
to declare not guilty
legal action
Litigation (n)
444 terms
Paralegal Exam 1
What are the 4 sections of O'Connor's…
What are Commentaries in O'Connor?
...
...
What are the 4 sections of O'Connor's…
...
What are Commentaries in O'Connor?
...
59 terms
Intro to Paralegal
The courts and jurisdiction
Trial courts
IRAC
Paralegals Duties
US dual court systems/federal courts and state courts
Determine the true facts and apply appropriate legal principles
Issue Rule Analysis Conclusion
1-gather and analyze facts, 2-identify legal terms, 3-apply r…
The courts and jurisdiction
US dual court systems/federal courts and state courts
Trial courts
Determine the true facts and apply appropriate legal principles
263 terms
Paralegal Comprehensive
abrogation
ad adendum clause
ad hoc
ad litem
the end or modification of a law
the element of the complaint that asks for damages; also call…
Latin for "what is at hand"
Latin for "the current legal matter"
abrogation
the end or modification of a law
ad adendum clause
the element of the complaint that asks for damages; also call…
29 terms
Paralegal Ethics
Ethics
TDRPC
UPL
You _____sign for an attorney on a ple…
rules of professionalism that protect both paralegals and cli…
Texas Disciplinary Rules of Professional Conduct
Unauthorized Practice of Law
Cannot
Ethics
rules of professionalism that protect both paralegals and cli…
TDRPC
Texas Disciplinary Rules of Professional Conduct
377 terms
Paralegal PACE
Conflict of Interest
Personal Conflict
Concurrent Conflict
Successive Conflict
1) a real or seeming incompatibility between one's private in…
relation to adverse parties or parties counsel. can also be k…
occurs when a past client conflicts with a new client (can ha…
when a new client now wants to sue an old client. Info from t…
Conflict of Interest
1) a real or seeming incompatibility between one's private in…
Personal Conflict
relation to adverse parties or parties counsel. can also be k…
9 terms
Paralegal 4
Why is it important to know the basic…
How are battery and assault related?
How does reckless endangerment differ…
What elements of hate crimes are the d…
It is important you know the elements of a crime so the prose…
Assault and battery are related but distinct crimes, battery…
Reckless endangerment differs from assault in the fact that i…
The elements of hate crimes that are the deciding factors whe…
Why is it important to know the basic…
It is important you know the elements of a crime so the prose…
How are battery and assault related?
Assault and battery are related but distinct crimes, battery…
41 terms
paralegal criminal
incorporation
hearsay
exigent circumstances
hot pursuit
two ideas merged and becomes one concept
out of court statement offered in evidence to prove the truth…
emergency that requires immediate action; such situations do…
some instances, aw officers may follow a suspect into an othe…
incorporation
two ideas merged and becomes one concept
hearsay
out of court statement offered in evidence to prove the truth…
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