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affirm
the appellate court agrees with teh outcome of trail and can find no reversible error and the decision of the trial court stands.
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agent
a party who agrees to act on behalf of another
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ALS (accredited legal secretary)
basic certification for legal professionals from NALS
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American Association for Paralegal Education (AAfPE)
national organization of paraglegal educators and institutions offering paralegal education programs
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American Bar Association (ABA)
largest professional legal organization in the US
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attestation
the action of a will being witnessed by the required number of competent people
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dictionary of law
Black's Law Dictionary
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attorney-client privilege
a client's right to have anything told to a lawyer while seeking legal advice, kept confidential in most instances; extends to paralegal
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candor
a duty of honesty to the court
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Certified Legal Assistant (CLA)
designation by national Assoc. of Legal Assistants for those who take and pass NALA certification program two -day comprehensive examination
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citation
a reference to the source of the information
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civil litigation
resolution of legal disputes between parties seeking a remedy for a civil wrong or to enforce a contract
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common interest privilege
to permit a cliet to share confidential information with teh attorney for another who shares a common legal interest
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% of cases settled outside of courtroom
80%
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competence/competent
the minimum level of knowledge of knowledge and skill required of a professional
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confidentiality
a duty imposed on teh attorney to enable clients to obtain legal advice by allowing the client to freely and openly give the attorney all the relevant facts
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conflict of interest
the representation of one client being directly adverse to the interest of another client
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discovery
a legal process during which both parties engage in various activities to elicit facts of the case from the other party and witnesses prior to trial
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E-filing
electronic filing of pleadings, briefs, and other docuemnts related to a lawsuit with the court
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ethical wall
enviornment in which an attorney or a paralegal is isolated from a particular case or client to avoid a conflict of interest or to protect a client's confidences and secrets
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exculpatory evidence
evidence which tends to prove the innocence of the accused or prove the facts of the defendent's case
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facts
information or detail
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felony
the most serious type of crime; inherently evil crime. most crimes against teh person and some business-related crimes are felonies
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fiduciary relationship
a relationship under which one party has a duty to act for the interest and benefit of another while acting within the scope of the relationship
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IPMA
International Paralegal management Association: a north american association for legal assitant managers
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jurisprudence
the philosophy or science of law
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legal assitant
paralegal (paralegal is the preferred term)
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litigation
the process of bringing, maintaining, and defending a lawsuit
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misdemeanor
a less serious crime; not inherently evil but prohibited by society. Many crimes against property are misdemeanors
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NALA
national association of legal assistants - prof. organization for legal assitanct taht provides continuing education and professional certification for paralegals, in. 1975
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NALS
National Association of Legal Secretaries - since 1999, assoc. for legal prof. orgianlly formed in 1949 as an assoc. for legal secretaries
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NFPA
National Federation of Paralegal Associations - prof. organization of state and local paralegal assoc. founded in 1974
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paralegal
a person qualified by educ, training, or work experience who is employed or retained by a lawyer, law office, corp., governmental agency, or other entity who performs specifically delegated substantive legal work for which a lawyer is responsible
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PACE
paralegal advanced competency exam - Nat. Assoc. of Paralegal Assoc. certification program that requires the paralegal to have two year of experiene and bachelor's degree and have completed a paralegal course at an accredited school
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petitioner
the party appealing the decision of an administrative agency
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plantiff
the party who files the complaint
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pleadings
the paperwork that is filed with the court to initiate and respond to a lawsuit
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principal
the party who employs another person to act on his or her behalf
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privilege
a special legal right
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pro se
parties represent themselves
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PLS
Professional Legal Secretary certification
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PP
Professional Paralegal certification from NALS
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respondent
the party who ust respond to teh appeal, usually the verdict winner at trial
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rules of court
a court's rules for the processing and presentation of cases
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statute
written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct that the covered parties must adhere to
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supervising attorney
the member of teh legal team two whom all others on the team report and who has the ultimate responsbility for the actions of the legal team
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third-party documents
documents prepared by a third party in the ordinary course of business that would have been prepared in simlar form if there was no litigation
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trier of facts
the trier of facts decides what facts are to be accepted and used in making the decision. It is usually a jury, but may be a judge who hears a acase without a jury and decides the facts and applies the law
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UPL
Unauthorized Practice of Law - giving legal advice, if legal right may be affected, by anyone not licensed to practice law
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work-product doctrine
a qualified immunity from discovery for "work product of the lawyer" except on a substantial showing of "necessity or jutification" of certain written statments and memoranda prepared by counsel in representation of a client, generally in preparation for trial
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arbitration
a form of ADR in which the parties choose an impartial third party to hear and decide the dispute
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bench opinion
initial version of a decision issued from the bench of a court
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Bill of Rights
first 10 amendments of the Constitution which has 27 amendments
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briefs
documents submitted by the parties' attorneys to the judge that contain legal support for their side of the case
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citator
an index of cases
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common law
developed by judges who issue their opinions when deciding cases. the principles announced in these cases became precedent for later judges deciding similar cases.
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complaint
the document the plaintiff files with eh court and serves on the defendant to initiate a lawsuit
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contract
an agreement entered by two parties for valid consideration
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enumerated powers
certain powers delegated to the federal govt by the states
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federalism
sharing of powers between state and federal govt.
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judgment
official decision of the court
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jurisdiction
authority of the court to hear disputes and impose resolution of the dispute upon the litigants
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law
which must be obeyed and followed by citizens subject to sanctions; body of rules of action or conduct prescribed by controlling authority, and having binding legal force
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ordinances
laws enacted by local govt bodies such as cities and municipalities, countries, school districts and water districts
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precedent
prior case law that is controlling
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tort
a wrong; three categories
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3 categories of torts
- 1. intentional
- 2. unintentional (negligence
- 3. strict liability
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treaty
compact made between two or more nations
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trial notebook
summary of the case tabbed for each major activity, witness, or element of proof
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trial brief
document presented to the court setting forth a legal argument ot persuade the court to rule in a particular way on a procedural or substantive legal issue
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voir dire
process wherby prospective jurors are asked uestions by the judge and attorneys to determine if they would be biased in their decision
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parts of a citation
style, volume, reporter, series, pg. #, court, year
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reporter for Missouri
South Western Reporter
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stare decisis
"to stand by the decision" - adherence to precedent; promotes uniformity of law within a jurisdiciton, makes the court system more efficient, law more predictable for individuals and businesses
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