Intro to P.L Studies-Chapter 1-7

A national association for attorneys.

A person qualified by education, training, experience, who performs legal work, supervised by a lawyer

A formal recognition by a prof. group that a person has met certain standards of ability.

Defines the rights & duties of individuals with respect to each other. Ex: a law prohibiting employment discrimination on the basis of age...

Rules that define the rights & duties of individuals with respect to each other.

aka "independent contractors" or "contract paralegal"...A paralegal who operates his/her own business & performs specific types of legal work for attorneys on a contract basis.

A para who offers services directly to the public w/o attorney supervision. Ex: They assist the public w/providing them w/forms for certain legal transactions.

The process of working a lawsuit through the court system.

A para who specializes in assisting attorneys in the litigation process.

A party who INITIATES the lawsuit.

A party against whom a lawsuit is brought.

Law that governs the formation, financing, merger & acquisition, & termination of corporations, as well as the rights & duties of those who own & run the corporation.

An agreement, based on a promise(s), that can be enforced in court.

aka "real property"...Land & all things permanently attached to the land (homes, buidings, trees...).

• A "civil wrong" that occurs when a person's carelessness causes harm to another.
• Ex: someone who has been injured because of somones negligence. Negligence is a tort.

A contract by which an ins. company promises to pay a sum of money or give something valuable to another, to compensate for a specified loss.

Employees who are injured on the job are compensated from state funds or insurance funds.

This is when the owner of property (estate), decides before death, how his property will be transferred to others. The owner may make a will choosing the persons to whom his prop. is to be transferred.

A document direcitng how & to whom the maker's property & obligations are to be transferred to on his/her death.

The process of "proving" the validity of a will & ensuring that the instructions in a valid will are carried out.

A court that probates wills, usually a county court.

It is a federal law that takes place in federal courts, which allows debtors to obtain relief from their debts.

All state & federal law/regulations created to protect the environment and preserve environmental resources.

Law relating to family matter, such as: marriage, divorce, child support, and child custody.

• Is concerned with the duties that exist betwen persons or between citizens & their governments.
• Law dealing with the definition & enforcement of private rights, as opposed to criminal matters.

Is concerned with wrongs committed against the public as a whole.

A relatively new legal specialty that involves serving the needs of older clients. Such as estate planning & making arrangements for long term care.

An end-of-the-year payment to a salaried employee in appreciation for their overtime work, diligence or dedication to the firm.

Wages paid to workers who are payed an hourly wage rate to compensate them for overtime work (if worked more than 40 hrs per week...get payed "time & a half" for every hour over-worked).

It is one individual-the sole proprietorship-owns the business

Is an individuals personal responsibility for debts or obligations.

It is a statute setting the maximum time period which certain actions can be brought to court or have rights enforced. After this time period has ended, no legal action can be brought!

A reference file with copies of the firm's commonly used legal documents & forms.

A signed document stating that the attorney or the law firm has been hired by the client to provide certain legal services & that the client agrees to pay for those services.

A fee paid to the attorney by the client for having provided a specified legal service. Example, such as creating a simple will.

When a law firm charges clients hourly rates for legal services.

A legal fee that consists of a specified percentage of the amount the plaintiff recovers in a civil lawsuit. The fee is paid ONLY if the plaintiff wins the lawsuit.

An advance payment made by a client to a law firm to cover part of the legal fees / costs that will be incurred on that client's behalf. A fixed amount is paid every month or year. Example--traveling expenses, fax charges,etc.

Hours or fractions of hrs that attorneys & paralegals spend in client-related work that requires legal expertise & is directly billed to clients.

Used for billing purposes, it is a record documenting the hrs than an attorney or paralegal worked for each client (includes, the date on which the work was done, & the type of work done).

A slip of paper on which any expense, or cost, incurred on behalf of the client, is recorded. Example, payment of court fees, or long-distance telephone charges)

Billing more than one client for the SAME time! This is NOT ethical!

A formal "scolding", considered the mildest sanction, but is very serious!

The practice of law without having the legal authority. For instance, a paralegal giving legal advice or discussing legal fees, or an unlicensed (disbarred) attorney practicing law.

A serious sanction in which the attory is prohibited from practicing law in the state for a given period of time.

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

Misconduct or negligence committed by a professional

A civil wrong

One who commits a tort.

Money awarded as a remedy for a tort (civil wrong), such as malpractice.

To violate a legal duty by an act or failure to act. Example, not doing sufficient or careful research.

A rule requiring that the condifential communications between a client & the attorney be kept confidential, unless the client consents to disclosure.

A situation in which 2 or more duties or interests come into conflict, as when an attorney attempts to represent opposing parties in a legal dispute.

A term that refers to the procedures use to create a screen around a legal employee to shield him/her from information about a case in which there is a conflict of interest. Example, computer files may be password-protected

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

(1) Name of the prospective client, (2) the other party/ies involved, (3) the legal issue

(1) Setting legal fees, (2) Establishing attorney-client relationships, (3) Giving legal opinions/advice, (4) Representing a client before a court {unless auth. by the court}, (5) Engaging in , encouraging, or contributing to any act that could constitute the UPL.

Failing to cooperate with a court order, which is punishable by a fine or jail sentence.

A body of rules of conduct established & enforced by the controlling authority (the gov't) of a society.

(1) Case law & common law doctrines, (2) The U.S Constitution & constitution of various states, (3) Statutory Law--laws passed by congress, state legislatures & local governing bodies, (4) Regulations created by administrative agencies, such as the U.S Food & Drug Administration (FDA)

Books & articles that SUMMARIZE & EXPLAIN the primary sources of law. Example, legal encyclopedias, treatises, articles in law review...

Rules of law announced by judges in court desions

A body of law developed from custom or judicial decision in English & U.S courts...its when judges have based their decisions on the principles suggested by earlier cases. THIS PROMOTES CONSISTENCY & PREDICTABILITY.

A court decision that furnishes an example or authority for deciding later cases in which similar facts are presented.

Latin for "to stand by things decided". Under this doctrine, judges are obligated to follow the precedents established by their own courts, or by higher courts within their jurisdictions

The authority of a court to hear & decide a specific case

Any source of law that a court must follow when deciding a case, which includes constitutions, statutes, & regulations that govern the issue being decided

Precedents decided in similar cases in other jurisdictions

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

A gov'tmental policy based on widely held societal values, which is used when deciding cases of first impression.

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

A court in which the only remedies were things of value (i.e money).

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

A remedy in the court in situations where remedies at law are not adequate. Remedies in equity are based on rules or fairness, justice & honesty. (Plaintiff has to say they are bring an "action at law")

A court that decides controversies & administers justice according to the rules, principles & precedents of equity. (Plaintiff has to say they are bring an "action in equity")

A court order in equity directing the defendant to do or to refrain from doing a particular act. Example, an injunction may be obtained to stop a neighbor from burning trash in his yard...

The plaintiff or the defendent.

A written law enacted by a legislature.

The body of written laws enacted by the legislature

Administrative work, such as staff meetings or performance reviews, photocopying, etc.

A writ from a higher court asking the lower court to send it the record of a case for review. Example, The U.S Supreme Court uses certiorari to review most of the cases it decides to hear.

a legal document issued by a court or judicial officer

A state statute that allows a state to obtain jurisdiction over non-residents. The non-residents must have certain "minimum contacts" with that state for the statute to apply.

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

A case that arises in the federal district court that must have (1) citizens of diff. states, (2) a foreign country & citizens of a state or of diff. states, or (3) citizens of a state & citizens or subjects of a foreign country. (The amount must be more than $75,000)

Jurisdiction that exists wehn 2 diff. courts have the power to hear a case. For example "adoption" can be heard in "Fam Court" & "Surrogates"

Jurisdiction that exists when a case can be heard only in a particular court. Example, federal courts have ex. jurisdiction over bankruptcy...

The geographic area (usually the county) in which an action is tried & from which the jury is selected.

Courts in which trials are held & testimony taken. Has a judge, jury, evidence...

Trial courts that have G.J may be called county, district, superior or circuit courts. They have jurisdiction over a wide variety of subjects--both civil and criminal. (NYS Supreme Court has general jurisdiction)

Includes small claims courts, cases involving claims of less than a certain amount. This includes: divorce actions, paternity suits, child-custody & support cases, traffic violations, etc.

This is the court above trial courts, aka court of appeals. Where the trial court case is reviewed when the parties are unsatisfied with the trial court's ruling.

The subject-matter jurisdictino is limited to hearing appeals. It usually reviews records, listen to the oral argumens presented by the parties, then the panel of judges renders (issues) a decision. If a party is unsatisfied w/the appellate court's ruling, that party can appeal to the highest state court.

The decision are final...claims of over $25,000

A case involving factual circumstances & issues that are similar to those in the case being researched.

A case in which all the 4 elements (the parties, the circumstances, the legal issues involved, & the remedies sought) are very similar to those in the case being researched.

Any legal authority, or source of law, that a court may look to for guidance but on which it need not rely in making its desicion. Example, cases from other juris., discussions in legal periodics...

A reference to a case by the name of the case...

Case name, Volume number, Name of book, Page number, Year.

A book in which court case are published or reported.