Midterm Review.
Chapters 1, 2, 3, 5, 6, 7
Subjects: Legal Assistant/Paralegal Professional, Ethics and Professional Responsibility, The Paralegal Workplace, American Legal Heritage and Constitutional Law, The court system and Alternative Dispute Resolution, Civil Litigation
Terms : Hide Images
| 4644431020 | Paralegal (legal assistant) | one who has training and knowledge in legal principles and practices and who supports and assists an attorney in the practice of law | 0 | |
| 4644431021 | American Bar Association | largest national organization of attorneys,they're role is solely to evaluate the professional qualifications of candidates for all Article III judicial positions--the supreme court, the united states courts of appeals, and the United States District Courts | 1 | |
| 4644431022 | Virginia State Bar | Purpose to regulate, improve & advance the legal profession in Virginia. Mandatory for attorneys wishing to practice law in Virginia | 2 | |
| 4644431023 | Tribunal | Court of Justice | 3 | |
| 4644431024 | Ethics | minimally acceptable standards of conduct in a profession | 4 | |
| 4644431025 | Statute of Limitations | A law that limits the time within which a criminal prosecution or a civil action must be started. | 5 | |
| 4644431026 | Negligence | Failure of a corporate director or officer to exercise the duty of care while conducting the corporations business | 6 | |
| 4644431027 | Inter alia | among other things | 7 | |
| 4644431028 | Boilerplate Provisions | Ready made or all-purpose language that will fit in a variety of documents. | 8 | |
| 4644431029 | Unauthorized Practice of Law (UPL) | Giving legal advice where legal rights may be affected by anyone not licensed to practice law | 9 | |
| 4644431030 | The Establishment Clause | In the 1st amendment (1959) stating that "Congress shall make no law respecting an establishment of religion." | 10 | |
| 4644431031 | Free Exercise Clause | A First Amendment provision that prohibits government from interfering with the practice of religion. | 11 | |
| 4644431032 | Bill of Rights | First ten amendments to the Constitution, placed limitations of government and protects natural rights. | 12 | |
| 4644431033 | Code | a systematic collection or revision of laws | 13 | |
| 4644431034 | Statute | written law enacted by the legislative branch of the federal & state governments that establishes certain courses of conduct | 14 | |
| 4644431035 | Common Law | foundation of our principles | 15 | |
| 4644431036 | Precedent | A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature. | 16 | |
| 4644431037 | Stare decises | "The decision stands". A rule in deciding cases where judges are to follow precedent cases (the outcome of similar cases). Makes the judges keep their decisions consistent. | 17 | |
| 4644431038 | Jurisdiction | the power a court has to hear a matter. (Must have both subject matter and personal jurisdiction.) | 18 | |
| 4644431039 | Subject Matter Jurisdiction | A court has the authority to hear a particular type of case. The two types are: General Jurisdiction and Limited Jurisdiction. " | 19 | |
| 4644431040 | Personal Jurisdiction | Court jurisdiction over the "person" involved in a legal action | 20 | |
| 4644431041 | Original Jurisdiction | A court's authority to hear a case first. | 21 | |
| 4644431042 | Appellate Jurisdiction | The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved. | 22 | |
| 4644431043 | Venue | A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside. Change of venue may be requested so that an impartial jury can be found. | 23 | |
| 4644431044 | Concurrent Jurisdiction | The jurisdiction of two or more courts, each authorized to deal with the same subject matter. | 24 | |
| 4644431045 | Exclusive Jurisdiction | The matter can only be filed in one court. | 25 | |
| 4644431046 | Chancery | A court of equity, as distinguished from a common-law court. | 26 | |
| 4644431047 | Equity | A legal principle of fair dealing, which may provide preventive measures and legal remedies that are unavailable under existing common law and statutory law. | 27 | |
| 4644431048 | Plaintiff | A person or party filing a lawsuit | 28 | |
| 4644431049 | Defendant | An individual or group being sued or charged with a crime. also who files the answer | 29 | |
| 4644431050 | Judgment | A courts final determination of the rights & obligations of the parties in a case | 30 | |
| 4644431051 | Felony | A major crime punishable by more than one year in prison | 31 | |
| 4644431052 | Misdemeanor | A less serious crime-- up to 1 year in jail or a fine up to $2500 or both | 32 | |
| 4644431053 | Habeas corpus | latin for "that you have the body" A writ employed to bring a person before a court, most frequently to ensure that the persons imprisonment or detention is not illegal | 33 | |
| 4644431054 | Mandamus | "we command" A write issued by a court to compel performance of a particular act by a lower court or a governmental officer or body | 34 | |
| 4644431055 | Alternative Dispute Resolution | Any other formal or informal process for settling disputes without going to trial; negotiation, arbitration and mediation | 35 | |
| 4644431056 | Mediation | An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable, voluntary compromise. The best solution is the solution that the parties themselves devise. Mediator attempts to guide the disputants toward a compromise that is voluntarily accepted by both sides. | 36 | |
| 4644431057 | Arbitration | A form of ADR in which the parties choose an impartial third party to hear and decide the dispute. | 37 | |
| 4644431058 | Remedy | A judicial order enforcing a right or redressing a wrong | 38 | |
| 4644431059 | Pleading | A formal document in which a party to a legal proceeding sets forth or responds to allegations, claims, denials or defenses."initial phase of a lawsuit" | 39 | |
| 4644431060 | Complaint | The initial pleading that starts a civil action and states the basis for the courts jurisdiction, the basis for the plaintiffs claims, and the demand for relief. | 40 | |
| 4644431061 | Compensatory damages | A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party. | 41 | |
| 4644431062 | Punitive damages | Awarded by a court to a plaintiff not to compensate the plaintiff for damages suffered, but to punish the defendant. | 42 | |
| 4644431063 | Nominal damages | A small sum of money that may be recovered in the courts by the a plaintiff who has suffered damage (loss, detriment or injury) whether to person, property or rights through the conduct of the defendant. | 43 | |
| 4644431064 | Injunctions | Court orders that prohibit a certain activity | 44 | |
| 4644431065 | Specific Performance | An equitable remedy in which the court orders the contract to be performed as agreed to by the parties. | 45 | |
| 4644431066 | Reformation | A court-ordered correction of a written contract so it reflects the true intentions of the parties | 46 | |
| 4644431067 | Restitution | An equitable remedy under which a person is restored to his or her original position prior to loss or injury, or placed in the position he or she would have been in had the breach not occurred. | 47 | |
| 4644431068 | Rescission | A remedy in contract law that returns both parties to a contract back to their original positions before the contract was entered into. | 48 | |
| 4644431069 | Cause of Action | A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint, the court will dismiss it. | 49 | |
| 4644431070 | Accural of cause of action | Right of action shall be deemed to accrue and the limitations period begins to run from the date the injury or damage is sustained or when the breach of contact occurs, NOT when the resulting damage is discovered. | 50 | |
| 4644431071 | Pro se | Representing oneself. Serving as one's own lawyer. | 51 | |
| 4644431072 | Guardian ad litem | A person appointed by the court to represent a minor, an incompetent person or any other person entitled to such protection by law | 52 | |
| 4644431073 | State Corporation Commission | Regulates business' incorporated in the Commonwealth of Virginia. Regulatory agency that administrates utilities, insurance, financial institutions charted by state, retail franchising, railroads and securities. | 53 | |
| 4644431074 | Sovereign Immunity | The doctrine that the government, state or federal, is immune to lawsuit unless it gives its consent. | 54 | |
| 4644431075 | Service of process | Delivery of a summons, writ, complaint, or other process to the opposite party whether by leaving a copy at her residence, by mail, or by publication. | 55 | |
| 4644431076 | Allegations | a claim or assertion that someone has done something illegal or wrong | 56 | |
| 4644431077 | Prayer for relief | A statement (request) at the end of the complaint requesting that the court grant relief to the plaintiff. | 57 | |
| 4644431078 | Affirmative Defenses | A defendant's assertion of facts and arguments, which if true, will defeat the plaintiff's or prosecution's claim, even if all the allegations in the complaint are true. The arguments that the defendant will make in his answer, will defeat the plaintiff's allegations in the complaint. | 58 | |
| 4644431079 | Contributory Negligence | An affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury | 59 | |
| 4644431080 | Comparative Negligence | A doctrine under which damages are apportioned according to fault. | 60 | |
| 4644431081 | Assumption of Risk | A doctrine under which a plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed. | 61 | |
| 4644431082 | Counterclaim | A claim presented by the defendant (sues the plaintiff) on issues arising out of the same case | 62 | |
| 4644431083 | Cross claim | a claim by one codefendant against another codefendant | 63 | |
| 4644431084 | Motion | A written or oral application requesting a court to make a specified ruling or order | 64 | |
| 4644431085 | demurrer | Pleading filed by defendant before filing answer asking court to dismiss the case on the basis that plaintiff has failed to state facts sufficient to constitute a cause of action. "motion to dismiss" | 65 | |
| 4644431086 | Bill of Particulars | a formal motion or request made to a party requesting greater factual detail about some aspect of the pleadings. It's designed to assist the defendant in preparing an answer to the complaint | 66 | |
| 4644431087 | Service Members Civil Relief Act | Protection for service persons against eviction, foreclosures, excessive interest rates, etc. | 67 | |
| 4644431088 | Due Process | A judicial requirement that laws may not treat individuals unfairly, arbitrarily, or unreasonably, and that courts must follow proper procedures and rules when trying cases. | 68 | |
| 4644431089 | Privilege | Legal Term; offers protection of confidential information between two parties. | 69 | |
| 4644431090 | Claim of Privilege | the person claiming the privilege usually the client has the burden to establish its existence. | 70 | |
| 4644431091 | Attorney Client privilege | allows client to refuse to testify and prevent attorney from testifying in court concerning confidential communications between the two or their agents | 71 | |
| 4644431092 | National Association of Legal Assistants (NALA) | A professional organization that provides continuing education & professional certification for paralegals, incorporated in 1975. | 72 | |
| 4644431093 | National Federation of Paralegal Associates (NFPA) | A professional organization of state & local paralegal associations founded in 1974 | 73 | |
| 4644431094 | Legislative branch | The part of the U.S. government that makes federal laws. Know as Congress & consists of the Senate & House of Representatives | 74 | |
| 4644431095 | Executive branch | The part of U.S. government that enforces the federal law, headed by the president | 75 | |
| 4644431096 | Judicial branch | The part of the U.S. government that interprets the law. It consists of the Supreme Court & other federal courts | 76 | |
| 4644431097 | Checks & Balances | is the principle of government under which separate branches are employed to prevent actions by the other branches and are induced to share power | 77 | |
| 4644431098 | United States Constitution | The fundamental and organic law of a nation or state that establishes the institutions and apparatus of government, defines the scope of governmental sovereign powers, and guarantees civil rights and liberties. | 78 | |
| 4644431099 | Supremacy Clause | Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits | 79 | |
| 4644431100 | Marbury v. Madison | 1803 Case that declared the U.S. Constitution is the Supreme Law of the land. | 80 | |
| 4644431101 | Freedom of Speech | Guarantees that the government shall not infringe on a persons right to speak | 81 | |
| 4644431102 | Fully Protected Speech | speech that cannot be prohibited or regulated by the government | 82 | |
| 4644431103 | Limited protected speech | speech that the government may not prohibit but that is subject to time, place, and manner restrictions | 83 | |
| 4644431104 | Unprotected Speech | Speech that is not protected by the First Amendment and may be forbidden by the government. | 84 | |
| 4644431105 | Examples of Limited Speech | Offensive speech & Commercial speech | 85 | |
| 4644431106 | Examples of Unprotected speech | obscene speech, child pornography, defamatory language and yelling 'fire' in a crowded theater | 86 | |
| 4644431107 | Establishment clause + Free exercise clause equals | Freedom of Religion 1st Amendment | 87 | |
| 4644431108 | Due process clause | A clause that provides that no person shall be deprived of "life, liberty, or property" | 88 | |
| 4644431109 | Virginia Constitution | the document that sets up the structure of Virginia's government | 89 | |
| 4644431110 | Treaties | A formal agreement between the government of two or more countries. | 90 | |
| 4644431111 | House of Represenatives | 2 year terms, one of the 'two houses' of the U.S. congress, pass federal legislation that affects the entire country | 91 | |
| 4644431112 | Senators | 6 year terms, one of the 'two houses' of the U.S. congress, each state has two | 92 | |
| 4644431113 | Virginia General Assembly | The legislature of Virginia, also called the General Assembly. It consists of the House of Delegates and senate, and makes laws for the state. meets at the capitol building in Richmond. | 93 | |
| 4644431114 | Bicameral | 2 chambers; Congress has the Senate and the House of Representatives | 94 | |
| 4644431115 | July 1st | date when most new laws come enacted | 95 | |
| 4644431116 | Administrative Law | Law that governments enact to regulate industries, businesses, and professionals. | 96 | |
| 4644431117 | General Jurisdiction | court hears cases of general nature | 97 | |
| 4644431118 | Limited Jurisdiction | A court's power to hear only specialized cases. | 98 | |
| 4644431119 | Discovery | A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial. | 99 | |
| 4644431120 | Deponent | A party who gives his or her deposition | 100 | |
| 4644431121 | Deposition | Oral testimony given by deponents either a party or witness & transcribed | 101 | |
| 4644431122 | Request for Admissions | Written request that a party admit the truth of relevant matters or the genuineness of any documents | 102 | |
| 4644431123 | Production of Documents and Things | A request by one party to another party to produce all documents relevant to the case prior to the trial | 103 | |
| 4644431124 | Request for Physical or Mental Examination | When the physical or mental condition of a party is in controversy. | 104 | |
| 4644431125 | Standing to sue | The requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government. | 105 | |
| 4644431126 | Long-arm statute | A statute that extends a state's jurisdiction to nonresidents who were not served a summons within the state. | 106 | |
| 4644431127 | minimum contacts | committed torts within the state entered into a contract either in the state or that affects the state transacted other business in the state that allegedly caused injury to another person | 107 | |
| 4644431128 | Defendant must be in regards to personal jurisdiction | present, domiciled, consent, minimum contacts, long arm statutes or international shoe | 108 | |
| 4644431129 | Number of Virginia Supreme Court Justices | 7 Justices | 109 | |
| 4644431130 | Term limit for VA Supreme Court Justices | 12 year terms (virginia) | 110 | |
| 4644431131 | Virginia Supreme Court Jurisdictions | Original and appellate jurisdiction | 111 | |
| 4644431132 | Virginia Supreme Court appellate jurisdiction cases | Review decisions of lower courts & Court of Appeals cases involving State Corporation Commission, certain disciplinary actions against attorneys, review of death penalty. (virginia) | 112 | |
| 4644431133 | Supreme Court of Virginia original jurisdiction | Habeus corpus, mandamus, prohibition, actual innocence | 113 | |
| 4644431134 | Virginia Court of Appeals | appellate review of final decisions of the circuit courts in domestic relations matters, appeals from decisions of an administrative agency, traffic infractions & criminal cases EXCEPT where sentence of a death has been imposed (Virginia) | 114 | |
| 4644431135 | Virginia Circuit Court | all felonies, misdemeanors resulting from grand juries, concurrent jurisdiction $4000-$25,000, exclusive jurisdiction $25,000 +, trusts & Estates, Adoption, Divorce, Real Estate | 115 | |
| 4644431136 | De Novo | All new trial because no evidence or testimony was recorded. | 116 | |
| 4644431137 | court of record | A court where all testimony, evidence is recorded and filed | 117 | |
| 4644431138 | Virginia General District Court | General jurisdiction, all misdemeanors, all traffic cases, Exclusive- civil up to $4500, Concurrent Jurisdiction- $4500-$25,000 | 118 | |
| 4644431139 | Juvenile Domestic Relations Court | limited jurisdiction- cases involving children & family | 119 | |
| 4644431140 | Federal Court System | The three-tiered structure of federal courts, comprising U.S. district courts, U.S. courts of appeal, and the U.S. Supreme Court. | 120 | |
| 4644431141 | Supreme Court of the United States of America | highest court in the federal judiciary specifically created by the Constitution. It is composed of nine justices and has appellate jurisdiction over lower federal courts and the highest state courts. It also possesses a limited original jurisdiction. | 121 | |
| 4644431142 | Supreme Court of the United States of America Justices | 9 Justices | 122 | |
| 4644431143 | Chief Justice of USA Supreme Court | John Roberts | 123 | |
| 4644431144 | Writ of Certiorari | An official notice that the Supreme Court will review one's case | 124 | |
| 4644431145 | Petition of Certiorari | A petition asking the Supreme Court to hear one's case | 125 | |
| 4644431146 | Date the US Supreme Court convene s | October Term 1st Monday in October | 126 | |
| 4644431147 | United States Courts of Appeals | The federal courts intermediate appellate courts | 127 | |
| 4644431148 | Federal District Courts | Federal trial courts of general jurisdiction; case that involves violation of federal statutes; 94 of them; can move from state to federal courts to remove bias | 128 | |
| 4644431149 | Federal question | A question that has to do with the U.S. Constitution, acts of Congress, or treaties. | 129 | |
| 4644431150 | Remittitur | The reduction by a judge of the damages awarded by a jury. | 130 | |
| 4644431151 | voir dire | "To Speak the Truth" how juries are selected | 131 | |
| 4644431152 | mistrial | a trial not successfully completed. can be asked at anytime before the jury or judge renders a verdict | 132 | |
| 4644431153 | sustained | The Judge agrees with the objection | 133 | |
| 4644431154 | Overruled | the judge does not agree with the objection | 134 | |
| 4644431155 | Jury not showing up | $50-$200 fine | 135 | |
| 4644431156 | State Prosecutor in Virginia | Commonwealth Attorney | 136 | |
| 4644431157 | Federal Prosecutor | U.S. Attorney | 137 | |
| 4644431158 | Criminal Prosecutor must prove | beyond a reasonable doubt that defendant is guilty | 138 | |
| 4644431159 | Civil Prosecutor must prove | preponderance of the evidence that defendant is liable | 139 | |
| 4644431160 | Opening statements | Setting forth facts that they expect to prove during the trial | 140 | |
| 4644431161 | Bench trial | A trial in which the judge alone hears the case | 141 | |
| 4644431162 | Who goes first in opening statements | Prosecutor/Plaintiff | 142 | |
| 4644431163 | Direct examination | The examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client. | 143 | |
| 4644431164 | Cross examination | The questioning of an opposing party's witness about matters brought up during direct examination. (Defendant's attorney questions the witness) | 144 | |
| 4644431165 | Redirect Examination | (questioning after cross- examination), in which the attorney for the witness testifying may ask the same witness other questions to overcome effects of the cross-examination. (Plaintiffs attorneys questions witness again) | 145 | |
| 4644431166 | Recross Examination | defense has opportunity to re-examine witness after prosecution re-examines | 146 | |
| 4644431167 | Closing arguments | attorneys summarize the evidence and suggest reasons why the jury should find for their client | 147 | |
| 4644431168 | Jury Deliberations | Process wherein the jury meets to discuss and reach a decision on the case. | 148 | |
| 4644431169 | Motion to compel | A request by one party to the court for an order requiring the other side to comply with a discovery request. | 149 | |
| 4644431170 | Affidavit | A sworn written statement | 150 | |
| 4644431171 | Jury Instructions | Set of legal rules a jury must follow in a civil or criminal case. | 151 | |
| 4644431172 | Alternate Jurors | Additional jurors impaneled in case of sickness or removal of any of the regular jurors who are deliberating | 152 | |
| 4644431173 | Internationl v. Shoe | Court can force jurisdiction. (long arm of the law) | 153 | |
| 4644431174 | sui juris | 'of one's own right'; able to exercise one's own legal rights. | 154 | |
| 4644431175 | et. seq | An abbreviation for et sequentes, or et sequentia, "and the following," ordinarily used in referring to a section of statutes. | 155 | |
| 4644431176 | Specialized Federal Courts | U.S. Tax Court, U.S. Court of Federal Claims, U.S. Court of International Trade, U.S. Bankruptcy | 156 | |
| 4644431177 | Statute of Limitations for Personal Injury | 2 years | 157 | |
| 4644431178 | Stricken for cause | jury is too biased | 158 | |
| 4644431179 | Preemptory Challenge | the dismissal of a potential juror by either the prosecution or the defense for unexplained, discretionary reasons (without any reason) | 159 | |
| 4644431180 | VA legislative body | General Assembly | 160 | |
| 4644431181 | General Assembly consists of | State Senate & House of Delegates | 161 | |
| 4644431182 | State Senate term | 4 year terms | 162 | |
| 4644431183 | House of Delegates | 2 year terms | 163 | |
| 4644431184 | VA current Senators | Mark Warner & Tim Kaine | 164 | |
| 4644431185 | VA current Governor | Terry McAuliffe | 165 | |
| 4644431186 | VA Lt. Governor | Ralph Northam | 166 | |
| 4644431187 | Virginia Clerks | receives, processes & maintains records of all cases. Elected to 8 year terms by citizens | 167 | |
| 4644431188 | 7th Amendment of U.S. Constitution | a party to an action at law is guaranteed the right to a jury trial | 168 |
