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120 Cards in this Set
- Front
- Back
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abate
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to temporarily set aside; to lessen
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abuse of discretion
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a standard of review often used to evaluate the decisions of judges.If more than one decision can be reasonably reached, there is no abuse of discretion: if the decision is clearly wrong, arbitrary, capricious, not based on any facts or law, or outrageous, then it may be reversed under this standard.
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active listening
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a set of techniques to involve the listener in what the speaker is saying rather than focusing on the listener's own responses.
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acute
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in medicine, of recent origin or currently being experienced and of expected limited duration
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ad hoc
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as needed for one specific situation
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admissible evidence
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evidence that a court will allow to be introduced to a jury
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affiant
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person swearing to an affidavit
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affidavit
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sworn written statement
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affirmative defense
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a defense that is not dependent on the allegations of the opposing party but relieves the defendant of liability for some independent reason
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alternative dispute resolution
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way of settling conflict without trial
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AMA
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American Medical Association
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ambient noise
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environmental sound
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American Arbitration Association (AAA)
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national association of arbitrators.
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American Lawyer Media
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a legal periodal giant
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American Sign Language (ASL)
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gesturing language created for the deaf
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animation
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some form of non-filmed moving picture
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answer
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defendant's document setting forth his or her official contentions
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anxiety disorder
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one of the psychological conditions characterized by excessive worry
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arbitration
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an alternative dispute resolution in which a third party, often someone with expert knowledge of the subject to be decided, hears evidence and determines the outcome of a dispute; binding usually by contract
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arrearages
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dollar amount of missed payments of an obligation
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associate
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a lawyer at a firm who does not have an ownership interest in the firm (but probably hopes to).
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assumed name certificate
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official filing of a business name
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attachment
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legal process of taking property to pay a debt
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attorney ad litem
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lawyer appointed by the court to provide legal representation only for a minor or incompetent
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attorney-client privilege
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a right to keep communications between a lawyer and his or her client confidential
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attorney work product
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a right to keep information related to the strategy of a lawyer confidential
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authentication
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proving that an item is what it is purported to be
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authority structure
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the relationships of supervisors, management, and employees in decision making for a business
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autism
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a psychological condition in which the sufferer has profound difficulty with social interaction
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baby lawyer
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slang term for a new lawyer
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backup tapes
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a general term referring to any back-up system; specifically relates to magnetic tape storage, which records all the information in the computer at a given time; not differentiated for use of searchers but set up for the use of the computer system as a whole
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bar graph
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a pictorial representation of information by using bars to indicate relative amounts
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bench trial
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trial wherein judge is the factfinder
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billable hour system
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charging clients based on fractions of an hour. The hour may be divided into tenths (.1) or in quarters (.25). The client is charged for the entire fraction from the first moment it begins
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billing
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charges attributable to clients; this amount often is used as an evaluation toll for paralegals working in a firm that uses billable hours as its primary method of payment. The billable hours are those which were actually spent; collections (or collectible hours) are those which are actually paid by the client, occasionally after negotiation of the bill, but more often after the reviewing attorney cuts some of the time.
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bipolar disorder
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also called manic depression, a psychological condition in which depression alternates with periods of frantic, impulsive action
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blunderbuss
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a wide-mouthed musket; when used as a metaphor, referring to a scatter-shot approach
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burden of proof
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the duty of producing evidence in favor of the person's position
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Business Records Exception (BRE)
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a common exception to the hearsay rule for documents ordinarily kept by businesses
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calendar
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to record events and deadlines on the schedules of all members of the legal team working on a case
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capacity
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ability to make legal decisions
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caucus sessions
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part of a mediation in which the mediator visits with the parties separately
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cause of action
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a recognized pattern of facts upon which a court may grant relief
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caveat
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beware; warning
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Census Bureau
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agency of the federal government charged with keeping statistical data on the United States population
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Centers for Disease Control (CDC)
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a federal agency charged with tracking causes of mortality and illness and with designing and implementing plans to reduce those causes.
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CEO
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Chief Executive Officer; the person responsible for the operations of a corporation
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cervical
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pertaining to the neck
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Certified Legal Assistant (CLA)
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a designation awarded by the National Association of Legal Assistants
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Certified Legal Assistant Specialist (CLAS)
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an individual who has passed both NALA's CLA exam and a subsequent exam in a particular subject area.
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Certified Paralegal
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the newer, alternative title for the CLA; and individual successfully passing the NALA national examination for paralegals/legal assistants
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chronic
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ongoing; in medicine, a continuing or intermittent condition that did not originate from a recent occurrence
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Chinese wall
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named for the Great Wall of China, this term refers to the practice of isolating certain members of the legal team from files upon which they formerly worked as a member of the opposing party's legal team. Also referred to as an ethical wall.
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CLA Review
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official study text for the Certified Legal Assistant exam
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claimant
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insurance term for any person claiming payment under an insurance policy
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CLI
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Certified Legal Investigator, a designation awarded by NALI
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closed question
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inquiry that can only be answered with predetermined list of responses
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closing arguments
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the attorneys' statements at the end of trial designed to persuade the jury to find for their clients; another term for summation
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coaching
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a sometimes derogatory term for witness preparation
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coccyx
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tailbone
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cognitive interviewing
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an interviewing technique that attempts to mentally take an interviewee to the time and place of the incident under discussion
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collateral source rule
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evidentiary rule excluding information about other resources a party has available to pay damages
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colorable
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in law, usually found in conjunction with the word "claim" meaning roughly the same as a prima facie case that the person with a burden of proof has sufficient evidence on each element of a claim so as to proceed to a jury.
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commercial policy
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insurance for a business entity that ordinarily includes protection for property and payment of attorneys fees and awards when the entity incurs legal liability
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comp carrier
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insurance company providing workers' compensation insurance
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comp lien
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a workers' compensation lien
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competency
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condition of being competent
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complaint
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document with which the plaintiff begins litigation, outlining the parties, factual basis of suit, causes of action, damages, and request for action by the court (prayer)
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compressed
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packed together more tightly; made to take up less space
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computer simulation
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product of a computer based on inputted evidence and calculations by the computer
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condemnation
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court proceeding to transfer privation property to a governmental entity for public use
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condemnee
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person whose property is taken for public use
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condemnor
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governmental entity exercising eminent domain
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confidentiality
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in the context of legal ethics, the duty of a lawyer and his legal team to keep all aspects of a client's case, sometimes even including his identity, secret
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confirmation letter
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document affirming an event, action, appointment, etc
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conflict check
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the process of determining whether a conflict of interest exists
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conflict of interest (COI)
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inability to represent a client due to circumstances that would cast doubt on the loyalty of the attorney to a present or past client.
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conformed copies
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copies of documents filed in a court that have the official stamp of the court or clerk indicating the time and date the documents were filed; also called file-stamped copies, although conformed
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congenital
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existing since birth
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contingency fee contract
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an agreement for attorneys' fees that is based on a percentage of any recovery obtained for the client
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contract basis
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being paid on an hourly or flat fee for designated work as an independent contractor as opposed to being an employee
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control group test
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one of the tests used to determine which individuals in a corporation are represented by counsel for purposes of privilege and the no-contact rule. In this test, the individuals who have managerial responsibility over the area involved in the events of the litigation are the persons represented.
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corporation
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a business entity with perpetual duration that limits the liability of investors, created by filing the appropriate documents and paying the requisite fees to the state of incorporation
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coterminous
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ending at the same point
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court-appointed expert
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a neutral expert retained to assist the judge in making decisions but paid for by the parties
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Court Appointed Special Advocate (CASA)
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a specially trained representative for minors
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courtroom experiment
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a live demonstration in front of a jury
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crime-fraud exception
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an exception to the ethical duty of client confidentiality that allows disclosure of the commission of a crime or fraud with the attempted assistance of the attorney
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cultural defense
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an argument that an individual acted in accordance with his or her culture and should be judged by the standards of that culture
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curriculum vitae
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a report of one's professional history and accomplishments
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custodian
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keeper
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Daubert standard
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a principle enunciated by the United States Supreme Court requiring judges to evaluate expert evidence for reliability
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d.b.a.
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doing business as
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Deaf culture
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a societal group whose communication is based on American Sign Language
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deafness
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condition of inability to hear or near-inability to hear
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death penalty sanction
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a severe court-ordered sanction that "kills" the party's chance to prevail in the litigation; e.g. striking pleadings
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declarant
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person making an out-of-court statement
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default judgment
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a judgment entered for one party because the other party fails to appear.
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defense attorney
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in civil litigation, an attorney who ordinarily represents defendants of tort actions
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degenerative
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a medical condition that worsens gradually
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demand letter
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a request for a settlement sent by the attorney outlining the reasons supporting the request
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dementia
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a condition found primarily in the elderly that makes them unable to reason rationally
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demonstrative evidence
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displays for the purpose of illustrating or combining other admitted evidence
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deponent
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the individual being deposed
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deposition
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usually refers to an oral deposition
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deposition notice
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the document filed with the court and served on all parties as well as the deponent which informs them of the person, time, and place of the deposition
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depositions by written questions
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a discovery device used to obtain limited sworn information from a non-party usually documents through a court reporter
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depression
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a mood disorder characterized by a complete lack of energy
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diary
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an organizational device to ensure that files are reviewed on a regular basis; also called a tickler system
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directed verdict
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an order entered in the midst of trial or an instruction to the jury that requires it to make a decision in a particular way
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discoverable evidence
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any information or thing that will help lead to relevant, admissible evidence
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discovery
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court-supported investigation
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discovery abuse
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using discovery to harass another party
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discover action plan
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schedule and/or objectives for discovery
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discovery plan summary
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a short statement of the results of discovery
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dispositive
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determinative of the issue(s) or litigation
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docket control order
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a court order requiring the parties to meet interim deadlines before trial; also called a scheduling order
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Dow Jones Industrial Average
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a figure representing the average value of stocks taken from various industries
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DSM-IV (Diagnostic and Statistical Manual)
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manual for psychiatric diagnoses produced by the American Psychological Association
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dual representation
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representation by an attorney of two (or more, in some usage) clients in the same matter
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