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Universities » University of Central Florida (U.. » PLA - Paralegal/Legal Asstistant.. » 3013 - Law and the Legal System » Flash Cards

Chapter 1 Vocabulary - Flashcards

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Class:PLA 3013 - Law and the Legal System
Subject:Paralegal/Legal Asstistant/Legal Administration
University:University of Central Florida
Term:Spring 2010
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Jurisprudence Commonly defined as the science or philosophy of law; it is generally concerned with the nature of law and legal systems. I.E. The theory of law.
Plea Bargaining One accused of a crime can "bargain" through her attorney with the prosecutor; the bargain usually involves an agreement by the accused to plead guilty in return for favorable treatment, such as a lenient sentence, reduction to a lesser charge, or probation in lieu of incarceration.
Docket The court calendar of proceedings.
Prosecutor The attorney charged with prosecuting criminal cases on behalf of a state of the United States; a public employee commonly titled state attorney, district attorney, or United States attorney.
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Adversarial System The U.S. legal system in which litigants, typically represented by attorneys, argue their respective sides in a dispute before an impartial judge and jury.
Will A document though which a person directs how his or her property will be distributed at death.
Contract An agreement that creates a legal relationship between two or more parties.
Litigation A dispute brought to court; derived from the Latin "lis", which means lawsuit.
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Breach of Contract When a party fails to render the performance required by a contract.
Bar The term used to refer collectively to licensed members of the legal profession.
Bench Drawn from the term referring to the seat occupied by judges in court, "the bench" refers to all judges collectively.
Disbarment The most severe professional disciplinary sanction, canceling an attorney's license to practice law.
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Bar Examination A written test required of applicants for license to practice law.
J.D. The basic law degree; it stands for "juris doctor" and is equivalent to the more traditional LL.B.
LL.B. The basic law degree, a "bachelor of laws", replaced in most law schools today by J.D.
Law School Admissions Test (LSAT) A written, largely multiple-choice, test required at most law schools for admission.
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Associate The title usually given to a full-time member of a law firm who has not yet been elevated to "partner".
Law Review Most accredited law schools publish a "law review" on a quarterly basis with scholarly articles and comments on legal issues.
Law Clerk A law school student who works summers or part time for private attorneys; also, top law students who obtain clerkships with judges after graduating from law school.
Justice The title given to the judges of the Supreme Court of the United States and to the judges of the appellate courts of many of the states.
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Case Method Since its introduction by Dean Langdell at Harvard Law School, the method of reading judicial opinions (cases) and analyzing them under the law professor's questioning has been the standard approach to law school instruction in America.
Bailiff An officer of the court charged with keeping order in the courtroom, having custody over prisoners and the jury.
Court Reporter A person who makes verbatim recordings of court proceedings and other sworn statements, such as depositions, which can be reduced to printed transcripts.
Clinical Programs Programs found in most law schools in which students provide legal services to the public under the supervision of law professors and sanctioned by the courts and the bar; some schools require enrollment, but in most law schools "clinic" is a voluntary course for credit.
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Perjury Committed by knowingly making a false statement under oath in a judicial proceeding; the false statement must concern a material issue or fact in the proceeding.
Multistate Bar Examination A standardized national test of general legal subjects, such as property, contracts, and constitutional law.
Black Letter Law Lawyer's slang for the basic, well-established rules of law.
Integrated Bar A state bar association in which membership is required in order to practice law.
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House Counsel Full-time attorneys employed by many corporations and other businesses as part of the administrative staff; distinguish from "outside counsel".
Bankruptcy Generally, the situation in which a person, business, or government cannot or will not pay its debts, so its property is entrusted to a "trustee in bankruptcy" who distributes the property to creditors.
Zoning Variance It is customary in the United States for local governments to create zones within city and county boundaries with restrictions primarily on the form of use, for example, agricultural, residential.
Real Estate Closing Real estate transactions are completed by a closing, at which numerous document are signed and exchanged, payment is made, and property deeds are transferred.
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Statute A law enacted by the legislative branch of government declaring, commanding, or prohibiting something.
Declaratory Judgment A judgment that specifies the rights of the parties but orders no relief. It is a binding judgment and the appropriate remedy for the determination of an actionable dispute when the plaintiff's legal rights are in doubt.
Medical Malpractice A form of professional misconduct restricted to negligence in the medical field; an important field of legal specialization.
pro se (Latin) "For oneself", "in one's own behalf". American law recognizes not only the right to be represented by an attorney but also the right to represent oneself in court.
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enjoin To prohibit (or require) a person from certain acts; an order typically emanating from an injunction.
Trust A device whereby title to property is transferred to one person, the trustee, for the benefit of another, the beneficiary.
Estate "Estate" has several legal meanings, but when used in reference to a decedent it means the property rights to be distributed following death.
Attorney-Client Privilege Confidential statements made by a client to an attorney may ot be disclosed to others by the attorney without the client's permission.
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Paralegal (Legal Assistant) Refers generally to an employee in a law office who performs legal tasks under attorney supervision but who is not licensed to practice law. Some states allow paralegals to provide limited legal services without supervision. "Paralegal" as a title and a job is usually interchangeable with legal assistant.
Inns of Court For centuries, English lawyers were trained in the Inns of Court, where students learned the law in association with legal scholars, lawyers, and judges.
Solicitor A lawyer in England who handles all legal matters except trial work.
Barrister An English lawyer who specializes in trial work.
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Substantive Law That part of law that creates, defines, and regulates rights; compare with procedural law which deals with the method of enforcing rights.
Procedural Law That part of the law that deals with procedures.
Pleadings Written formal documents framing the issues of a lawsuit, consisting primarily of what is alleged on the one side, for example, the plaintiff's complaint, or denied on the other, for example, the defendant's answer.
Evidence The information presented at trial; the rules of evidence are part of the procedural law.
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Motions Requests that a judge make a ruling or take some other action.
Jurisdiction The authority, capacity, power, or right of a court to render a binding decision in a case.
Statute of Limitations A federal or state law that specifies time limits within which suits must be filed for civil and criminal actions; they vary from state to state and from action to action.
Legal Technicians Persons who provide legal services for compensation without attorney supervision.
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"in the matter of" (In re) Indicates that a case does not involve two parties, i.e. this is not a plaintiff versus defendant case.
Appellate Brief A formal statement submitted to the appellate court. When a case is appealed, the appellant submits a written statement to the appellate court raising legal issues to be decided. The appellee then has a period within which the appellee's brief must be filed, challenging the appellant's arguments on the issues.
Contingency Fee Contracts Agreements between an attorney and a client in which the attorney will receive compensation in the form of a percentage of money recovered in a lawsuit; used predominantly in personal injury cases.
Discovery A pretrial procedure in which parties to a lawsuit ask for and receive information such as testimony, records, or other evidence from each other.
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Interrogatories A discovery device, pretrial written questions sent from one party to the other party.
Transcript A written verbatim version of an oral statement. In law, transcripts are used most frequently in reference to depositions and trials.
Probate The process of handling the will and estate of a deceased person.
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 JurisprudenceCommonly defined as the science or philosophy of law; it is generally concerned with the nature of law and legal systems. I.E. The theory of law.
 Plea BargainingOne accused of a crime can "bargain" through her attorney with the prosecutor; the bargain usually involves an agreement by the accused to plead guilty in return for favorable treatment, such as a lenient sentence, reduction to a lesser charge, or probation in lieu of incarceration.
 DocketThe court calendar of proceedings.
 ProsecutorThe attorney charged with prosecuting criminal cases on behalf of a state of the United States; a public employee commonly titled state attorney, district attorney, or United States attorney.
 Adversarial SystemThe U.S. legal system in which litigants, typically represented by attorneys, argue their respective sides in a dispute before an impartial judge and jury.
 WillA document though which a person directs how his or her property will be distributed at death.
 ContractAn agreement that creates a legal relationship between two or more parties.
 LitigationA dispute brought to court; derived from the Latin "lis", which means lawsuit.
 Breach of ContractWhen a party fails to render the performance required by a contract.
 BarThe term used to refer collectively to licensed members of the legal profession.
 BenchDrawn from the term referring to the seat occupied by judges in court, "the bench" refers to all judges collectively.
 DisbarmentThe most severe professional disciplinary sanction, canceling an attorney's license to practice law.
 Bar ExaminationA written test required of applicants for license to practice law.
 J.D.The basic law degree; it stands for "juris doctor" and is equivalent to the more traditional LL.B.
 LL.B.The basic law degree, a "bachelor of laws", replaced in most law schools today by J.D.
 Law School Admissions Test (LSAT)A written, largely multiple-choice, test required at most law schools for admission.
 AssociateThe title usually given to a full-time member of a law firm who has not yet been elevated to "partner".
 Law ReviewMost accredited law schools publish a "law review" on a quarterly basis with scholarly articles and comments on legal issues.
 Law ClerkA law school student who works summers or part time for private attorneys; also, top law students who obtain clerkships with judges after graduating from law school.
 JusticeThe title given to the judges of the Supreme Court of the United States and to the judges of the appellate courts of many of the states.
 Case MethodSince its introduction by Dean Langdell at Harvard Law School, the method of reading judicial opinions (cases) and analyzing them under the law professor's questioning has been the standard approach to law school instruction in America.
 BailiffAn officer of the court charged with keeping order in the courtroom, having custody over prisoners and the jury.
 Court ReporterA person who makes verbatim recordings of court proceedings and other sworn statements, such as depositions, which can be reduced to printed transcripts.
 Clinical ProgramsPrograms found in most law schools in which students provide legal services to the public under the supervision of law professors and sanctioned by the courts and the bar; some schools require enrollment, but in most law schools "clinic" is a voluntary course for credit.
 PerjuryCommitted by knowingly making a false statement under oath in a judicial proceeding; the false statement must concern a material issue or fact in the proceeding.
 Multistate Bar ExaminationA standardized national test of general legal subjects, such as property, contracts, and constitutional law.
 Black Letter LawLawyer's slang for the basic, well-established rules of law.
 Integrated BarA state bar association in which membership is required in order to practice law.
 House CounselFull-time attorneys employed by many corporations and other businesses as part of the administrative staff; distinguish from "outside counsel".
 BankruptcyGenerally, the situation in which a person, business, or government cannot or will not pay its debts, so its property is entrusted to a "trustee in bankruptcy" who distributes the property to creditors.
 Zoning VarianceIt is customary in the United States for local governments to create zones within city and county boundaries with restrictions primarily on the form of use, for example, agricultural, residential.
 Real Estate ClosingReal estate transactions are completed by a closing, at which numerous document are signed and exchanged, payment is made, and property deeds are transferred.
 StatuteA law enacted by the legislative branch of government declaring, commanding, or prohibiting something.
 Declaratory JudgmentA judgment that specifies the rights of the parties but orders no relief. It is a binding judgment and the appropriate remedy for the determination of an actionable dispute when the plaintiff's legal rights are in doubt.
 Medical MalpracticeA form of professional misconduct restricted to negligence in the medical field; an important field of legal specialization.
 pro se (Latin)"For oneself", "in one's own behalf". American law recognizes not only the right to be represented by an attorney but also the right to represent oneself in court.
 enjoinTo prohibit (or require) a person from certain acts; an order typically emanating from an injunction.
 TrustA device whereby title to property is transferred to one person, the trustee, for the benefit of another, the beneficiary.
 Estate"Estate" has several legal meanings, but when used in reference to a decedent it means the property rights to be distributed following death.
 Attorney-Client PrivilegeConfidential statements made by a client to an attorney may ot be disclosed to others by the attorney without the client's permission.
 Paralegal (Legal Assistant)Refers generally to an employee in a law office who performs legal tasks under attorney supervision but who is not licensed to practice law. Some states allow paralegals to provide limited legal services without supervision. "Paralegal" as a title and a job is usually interchangeable with legal assistant.
 Inns of CourtFor centuries, English lawyers were trained in the Inns of Court, where students learned the law in association with legal scholars, lawyers, and judges.
 SolicitorA lawyer in England who handles all legal matters except trial work.
 BarristerAn English lawyer who specializes in trial work.
 Substantive LawThat part of law that creates, defines, and regulates rights; compare with procedural law which deals with the method of enforcing rights.
 Procedural LawThat part of the law that deals with procedures.
 PleadingsWritten formal documents framing the issues of a lawsuit, consisting primarily of what is alleged on the one side, for example, the plaintiff's complaint, or denied on the other, for example, the defendant's answer.
 EvidenceThe information presented at trial; the rules of evidence are part of the procedural law.
 MotionsRequests that a judge make a ruling or take some other action.
 JurisdictionThe authority, capacity, power, or right of a court to render a binding decision in a case.
 Statute of LimitationsA federal or state law that specifies time limits within which suits must be filed for civil and criminal actions; they vary from state to state and from action to action.
 Legal TechniciansPersons who provide legal services for compensation without attorney supervision.
 "in the matter of" (In re)Indicates that a case does not involve two parties, i.e. this is not a plaintiff versus defendant case.
 Appellate BriefA formal statement submitted to the appellate court. When a case is appealed, the appellant submits a written statement to the appellate court raising legal issues to be decided. The appellee then has a period within which the appellee's brief must be filed, challenging the appellant's arguments on the issues.
 Contingency Fee ContractsAgreements between an attorney and a client in which the attorney will receive compensation in the form of a percentage of money recovered in a lawsuit; used predominantly in personal injury cases.
 DiscoveryA pretrial procedure in which parties to a lawsuit ask for and receive information such as testimony, records, or other evidence from each other.
 InterrogatoriesA discovery device, pretrial written questions sent from one party to the other party.
 TranscriptA written verbatim version of an oral statement. In law, transcripts are used most frequently in reference to depositions and trials.
 ProbateThe process of handling the will and estate of a deceased person.
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