LAS 100 1

1 Paralegal association formed in 1974

1 Used interchangeably with CLA

1 Defines rights and duties of individuals

1 Formal recognition by private group or agency

1 National organization of paralegal educators

1 Performs delegated legal work

1 Voluntary national association of attorneys

1 Term used interchangeably with paralegal

1 Recognition of competency in legal specialty

1 Certified by NFPA

1 Certified by NALA

1 Paralegal program that meets ABA standards

2 Wages paid to hourly employees for extra work

2 Title to property held by one for another's benefit

2 Civil wrong

2 Lawsuit brought against this party

2 Making personal connections

2 Proving validity of a will

2 Newsletter providing information to certain professions

2 Agreement enforceable in court

2 Law relating to child support and divorce

2 Party initiating lawsuit

2 Law governing and defining crimes

2 End-of-the-year payment to a salaried employee

3 Reference file of firm's commonly used legal documents

3 Oversees paralegal professional development

3 Association of two or more persons as business co-owners

3 One who purchases corporate stock

3 Fee paid for a specified legal service

3 Billing more than one client for the same billable time period

3 Provide clerical, secretarial support

3 Fee of specified percentage of the amount recovered by the plaintiff

3 Avoids personal liability for malpractice of other partners

3 Person who operates a business jointly

3 Partner in a law firm who makes firm policy decisions

3 Also called an escrow account

3 Attorney who works for a law firm but is not a partner and does not have an ownership interest in the firm.

3 Law student working as an apprentice with a law firm.

3 Attorney hired by a law firm as an employee.

3 A Corporation formed by licensed professionals such as Attorneys or Physicians.

3 An individual's personal responsibility for debts and obligations.

3 Simplest form of business organization.

3 Administrative employee who manages the day-to-day operations of a firm.

3 Administrative employee of a law firm who manages day-to-day operations of a firm. Same as Office Manager but in larger firms.

3 Firm's handbook or written statement that specifies the policies and procedures that govern the employees and employer-employee relationships.

3 A statute setting the maximum time period within which certain actions can be brought to court or rights enforced.

3 Signed document stating that the attorney or the law firm as been hired by the client and the client agrees to pay for said services.

3 Advance payment made by a client to a law firm to cover part of the legal fees and/or costs.

3 Hours or fractions of hours that attorneys and paralegals spend in work that requires legal expertise and is directly billed to clients.

3 a record documenting, for billing purposes, the hours that an attorney or paralegal worked for each client.

3 A slip of paper on which any expense, or cost, that is incurred on behalf of a client is recorded.

4 The regulation of the conduct of a professional group by members of the group.

4 A government's official act of granting permission to an individual, such as an attorney, to do something that would be illegal in the absence of such permission.

4 The performance of actions defined by a legal authority, such as a state legislature, as constituting the 'practice of law' without authorization.

4 A disciplinary sanction in which an attorney is rebuked for misbehavior. It is the mildest sanction.

4 A serious disciplinary sanction in which an attorney who has violated an ethical rule or a law is prohibited from practicing law in the state for specified or indefinite period of time.

4 A severe disciplinary sanction in which an attorney's license to practice law in the state is revoked because of unethical or illegal conduct.

4 professional misconduct or negligence-- the failure to exercise due care - on the part of a professional, such as an attorney or a physician.

4 money awarded as a remedy for a civil wrong, such as a breach of contract or tort (wrongful act).

4 To violate a legal duty by an act or a failure to act.

4 A person or entity not directly involved in an agreement, legal proceedings, or relationship.

4 A rule of evidence requiring that confidential communications between a client and his or her attorney be kept confidential, unless the client consents to disclosure.

4 An attorney's mental impressions, conclusions, and legal theories regarding a case being prepared on behalf of a client.

4 A situation in which two or more duties or interests come into conflict, as when an attorney attempts to represent opposing parties in a legal dispute.

4 A term that refers to the procedures used to create a screen around a legal employee to shield him or her from information about a case in which there is a conflict of interest.

4 A procedure for determining whether an agreement to represent a potential client will result in a conflict of interest.

4 The intentional obstruction or frustration of a court's attempt to administer justice.

4 Licensing in which all individuals within a specific profession or group must meet licensing requirements imposed by the state in order to legally practice their profession.

4 Licensing in which a limited number of individuals within a specific profession or group must meet licensing requirements imposed by the state in order to legally practice their profession.

5 A body of rules of conduct established and enforced by the controlling authority (government) of a society.

5 In legal research, a document that establishes the law on a particular issue, such as a case decision, legislative act, administrative rule, or presidential order.

5 In legal research, any publication that indexes, summarizes, or interprets the law, such as a legal encyclopedia, a treatise, or an article in a law review.

5 Rules of law announced in court decisions

5 A body of law developed from custom or judicial decisions in English and U.S. courts and not by a legislature

5 a court decision that furnishes authority for deciding later cases in which similar facts are presented

5 The doctrine of precedent, under which a court is obligated to follow earlier decisions of that court or higher courts within the same jurisdiction.

5 Any source of law that a court must follow when deciding a case.

5 A precedent decided in another jurisdiction that a court may either follow or reject but that is entitled to careful consideration

5 A case presenting a legal issue that has not yet been addressed by a court in a particular jurisdiction

5 A government policy based on widely held societal values

5 The means by which a right is enforced or the violation of a right is prevented or compensated for.

5 A court in which the only remedies were things of value, such as money. Historically, in England, courts of law were different from courts of equity.

5 A remedy available in a court of law. Money damages and items of value are awarded as a remedy at law.

5 A remedy allowed courts in situations where remedies at law are not appropriate.

5 A court that decides controversies and administers justice according to the rules, principles, and precedents of equity

5 Propositions or general statements of rules of law that are frequently involved in equity jurisdiction

5 An equitable doctrine that bars a party's right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights

5 An equitable remedy requiring the performance that was specified in a contract; usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique.

5 A court decree ordering a person to do or refrain from doing a certain act.

5 A reference that indicates where a particular constitutional provision, statute, reported case, or article can be found.

5 With respect to lawsuits, the plaintiff or the defendant.

5 A statement by the court setting forth the applicable law and the reasons for its decision in a case

5 A legal system in which the parties to a lawsuit are opponents, or adversaries, and present their cases in the light most favorable to themselves. The impartial decision maker determines who wins based on an application of the law to the evidence presented.

5 law based on the U.S. Constitution and the constitutions of the states.

5 The provision in Article VI of the U.S. Constitution that declares the Constitution, laws, and treaties of the United States "the supreme Law of the Land"

5 The first ten amendments to the U.S. Constitutions

5 A written law enacted by a legislature under its constitutional lawmaking authority

5 The body of written laws enacted by the legislature

5 The system of government established by the Constitution, in which the national government and the state governments share sovereign powers.

5 A system in which each of the three branches of the national government - executive, legislative, and judicial - exercises a check on the actions of the other two branches.

5 The provision in Article I, Section 8, of the U.S. Constitution that gives the national government the power to regulate interstate commerce.

5 An identification number assigned to a statute

5 A doctrine under which a federal law preempts, or takes precedence over, conflicting state and local laws

5 An order, rule, or law enacted by a municipal or county government to govern a local matter not addressed by state or federal legislation.

5 A body of law created by administrative agencies in the form of rules, regulations, orders, and decisions in order to carry out their duties and responsibilities

5 A federal or state government agency established to perform a specific function.

5 A statute enacted by a legislature that authorizes the creating of an administrative agency and specifies the name, purpose, composition, and powers of the agency being created.

5 To resolve a dispute judicially

5 The actions undertaken by administrative agencies when formally adopting new regulations or amending old ones

5 One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.

5 Law that relates to a particular nation

5 A system of law derived from that of the Roman Empire and based on a code rather than case law; the predominant system of law in the nations of continental Europe and the nations that were once their colonies.

5 The law that governs relations among nations. International customs and treaties are generally considered to be two of the most important sources.

5 An agreement, or compact, formed between two independent nations.

6 A sufficient stake in a controversy to justify bringing a lawsuit.

6 A controversy that is real and substantial, as opposed to hypothetical or academic.

6 The authority of a court to hear and decide a specific case.

6 A state statute that permits a state to obtain jurisdiction over nonresidents. The nonresidents must have certain 'minimum contacts' with that state for the statute to apply.

6 a court having jurisdiction over proceedings concerning the settlement of a person's estate

6 The power of a court to take a case, try it, and decide it.

6 A court in which cases begin and in which questions of fact are examined.

6 The power of a court to hear and decide an appeal, the authority of a court to review cases that have already been tried in a lower court and to make decisions about them without holding a trial.

6 A court that reviews decisions made by lower courts, such as trial courts; a court of appeals.

6 a question that pertains to the U.S. Constitution, acts of Congress, or treaties.

6 Under the Constitution, a basis for federal district court jurisdiction over a lawsuit between (1) citizens of different states, (2) a foreign country and citizens of a state or states, or (3) citizens of a state and citizens of a foreign country.

6 Jurisdiction that exists when two different courts have the power to hear a case.

6 jurisdiction that exists when a case can be heard only in a particular court, such as a federal court.

6 The list of cases entered on the court's calendar and scheduled to be heard by the court

6 The geographic district in which an action is tried and from which the jury is selected

6 A legal error at the trial court level that is significant enough to have affected the outcome of the case.

6 a writ from a higher court asking a lower court to send it the record of a case for review.

6 a rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ.

6 The resolution of disputes in ways other than those involved in the traditional judicial process.

6 a process in which parties attempt to settle their dispute voluntarily, with or without attorneys to represent them.

6 An out-of-court resolution to a legal dispute, which s agreed to by the parties in writing.

6 a method of settling disputes outside of court by using the services of a neutral third party.

6 a method of settling disputes in which a dispute is submitted to a disinterested third party, who issues a decision that may or may not be legally binding.

6 a clause in a contract that provides that, in case of a dispute, the parties will determine their rights through arbitration rather than the judicial system.

6 a written agreement to submit a legal dispute to an arbitrator or arbitrating panel for resolution

6 In the context of ADR, the decision rendered by an arbitrator.

6 a form of ADR in which a mediator attempts to facilitate agreement between the parties but then issues a legally binding decision if no agreement is reached.

6 a form of ADR in which an arbitrator first attempts to help the parties reach an agreement, just as a mediator would.

6 A form of ADR in which a neutral third party evaluates the strengths and weaknesses of the disputing parties' positions; the evaluator's opinion forms the basis for negotiating a settlement.

6 A private proceeding that assists disputing parties in determining whether to take their case to court.

6 a settlement method in which a trial is held but the jury's verdict is not binding.

6 The major organization offering arbitration services in the U.S.

6 The resolution of disputes with the assistance of an organization that offers dispute-resolution services via the Internet.

14 A tort committed by use of the Internet

14 A wrongful act knowingly committed

14 one who commits a tort

14 Any word or action intended to make another person apprehensive or fearful of immediate physical harm; a reasonably believable threat.

14 The intentional and offensive touching of another without lawful justification

14 The intentional confinement or restraint of a person against his or her will.

14 Capable of serving as the basis of a law-suit.

14 Anything published or publicly spoken that causes injury to another's good name, reputation, or character.

14 Defamation in oral form

14 Defamation in writing or other published form

14 In tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts.

14 Real and demonstrated evil intent.

14 In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user

14 Any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.

14 Wrongful interference with another's business rights

14 Business behavior that is undertaken with the intention of unlawfully driving competitors out of the market.

14 The entry onto, above, or below the surface of land owned by another without the owner's permission.

14 The unlawful taking or harming of another's right to the exclusive possession of his or her personal property

14 The act of wrongfully taking or retaining a person's personal property and placing it in the service of another.

14 The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

14 The duty of all persons, as established by tort law, to exercise reasonable care in dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, is the tort of negligence.

14 A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes.

14 A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.

14 Money damages awarded to a plaintiff to punish the defendant and deter future similar conduct.

14 Causation brought about by an act or omission without which an event would not have occurred.

14 Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability

14 Voluntary taking on a known risk; a defense against negligence that can be used when the plaintiff has knowledge of and appreciates a danger and voluntarily exposes himself or herself to the danger.

14 A theory in tort law under which a complaining party's own negligence contributed to his or her injuries.

14 A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all persons who were guilty of negligence.

14 An action or failure to act in violation of a statutory requirement

14 A state statute stipulating that persons who provide emergency services to others in peril - unless they do so recklessly, thus causing further harm - cannot be sued for negligence.

14 A state statute that imposes liability on the owners of bars, as well as those who serve alcoholic drinks to the public, for injuries resulting resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.

14 Liability regardless of fault. In tort law, strict liability may be imposed on a merchant who introduces into commerce a good that is so defective as to be unreasonable dangerous.

14 The legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods.

14 A product that is defective to the point of threatening a consumer's health and safety.

14 a person who buys products and services for personal or household use.

14 Statutes, agency rules, and judicial decisions protecting consumers of goods and services

14 Advertising that misleads consumers, either by unjustified claims concerning a product's performance or by failure to disclose relevant information concerning the product's composition or performance.

14 An administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal.

14 New advertising undertaken under a Federal Trade Commission order for the purpose of correcting earlier false claims that were made about a product.

14 A proceeding in which a creditor legally seizes a portion of a debtor's property (such as wages) that is in the possession of a third party (such as an employer)