Paralegal Lesson 1

Administrative rules and regulations

Detailed directives made by governmental agencies to implement and enforce statues

Appellate courts

Courts that review decisions from lower trial courts to determine whether legal errors were made; they do not hear new evidence or retry cases

Attorneys

Represent clients, offer legal advice, and advocate in court; their role requires law school, passing the bar exam, and upholding legal and ethical standards through their career

Burden of proof

The level of evidence required to prove a case; in civil cases, it is a preponderance of the evidence; in criminal cases, it is beyond a reasonable doubt

Case Law

Legal rules established by the outcomes of previous judicial decisions from appellate courts

Checks and Balances

The right of one branch of government to oversee the actions of another branch of government

Civil Law

Law dealing with disputes between individuals or organizations, usually seeking monetary compensation or specific actions

Clerks

Manage legal records, organize case files, track court activity, and often assist judges and attorneys in the courtroom with documentation and scheduling

Common Law

Traditional body of unwritten laws based on judicial decisions and customs; originated in England

Court Reporters

Create precise, verbatim transcripts of legal proceedings, their records serve as the official accounts of trials; hearings, and depositions used in appeals and legal reviews

Criminal Law

Law involving prosecution by the government for acts classified as crimes against society

Executive Branch

Enforces laws and runs daily government operations, led by the president at the federal level and governors at the state level

Executive orders

Official directives from the president or governor that manage government operations and have the force of law

Judges

Oversee legal proceedings, ensure fairness, and interpret and apply the law, they maintain courtroom order and issue rulings; most are former attorneys and serve at various levels of the judicial system

Judicial Branch

Interpreta laws and ensuring justice; includes courts and judges; with the US Supreme Court as the highest authority

Jurisdiction

The legal authority of a court to hear and decide a case, including controlling the actions of parties and issuing binding decisions

Law

A system of rules enforced through institutions to govern behavior and ensure order in society

Legislative branch

Create laws, consisting of the US congress or a state legislature

Paralegals

Support attorneys by preparing documents, managing case files, conducting research, and helping with trial preparation; they play a crucial behind the scenes role in nearly every legal matter

Pleadings

The documents filed in a case, including complaints and answers in civil matters or indictments and information in criminal prosecution

Primary sources

official legal texts that establish law; such as constitutions, statues, regulations, and case law; they are binding in legal proceedings

Secondary sources

Materials that explain, interpret, or analyze primary sources, these include legal encyclopedias, treatises, and law review articles, they are not binding but useful of research and understanding

Separation of powers

A system that divides governmental authority among legislative, executive, and judicial branches to prevent any one branch from gaining too much control

Stare decisis

Legal principle requiring courts to follow precedents in similar cases to maintain consistency in law

Statues

Written laws passed by legislatures and signed by an executive authority

Treaties

Formal agreements between nations that, once ratified, become part of domestic law

Unauthorized practice of law

When non-lawyers, including paralegals, offer legal advice or represent clients

United States Code

A compilation of federal statues organized by subject into titles for easier reference, used frequently in legal research and writing

United States constitution

Foundational document that outlines the structure, powers and rights of the federal government and citizens

Venue

The specific geographic location where a legal case should be heard, usually based on where the parties live or where events occurred