Paralegal and Legal Terminology (Video Notes)

A set of vocabulary flashcards covering key legal terms from the lecture notes on paralegals and law.

Lawyer

A person licensed to practice law; an attorney.

Attorney

A lawyer licensed by a court to practice law.

Paralegal

A person who assists a lawyer but cannot give legal advice, appear in court, or set fees.

American Bar Association (ABA)

A national voluntary organization of lawyers.

Paralegal (ABA definition)

A person qualified to perform substantive legal work under a lawyer's responsibility.

Legal clinic

Provides low-cost legal services on routine matters by aiming for low overhead and high volume.

Freelance paralegal

An independent paralegal contractor, not an employee of a law firm.

Pro se

Representing oneself in a legal matter.

NALA

A national paralegal association focused on certification and professional development.

Cause of action

A legal claim with enough facts and law to support a lawsuit.

Legal research

Finding and summarizing relevant statutes and cases to interpret current law.

Legal reasoning

Applying legal rules to a client's factual situation; also known as legal analysis.

Distinguishable cases

Cases that involve dissimilar facts or rules of law.

Stare decisis

The principle that courts should follow past decisions in future cases with similar facts.

Precedent

Prior court decisions used to guide future cases.

Litigation

A lawsuit; a controversy to be settled in a court.

Settlement

Resolving a dispute through compromise, often to avoid litigation.

Pleadings

The initial documents that begin a lawsuit, typically the complaint and the answer.

Discovery

The pretrial procedure where one party gains information from the adverse party.

Confidentiality

The ethical rule prohibiting lawyers and paralegals from disclosing client information.

Conflict of interest

A situation where representing one client may negatively impact the interests of another.

Attorney-client privilege

Protects confidential communications between a lawyer and client from disclosure in court.

Lawyer work product

Materials prepared by a lawyer or paralegal for litigation, protected from discovery.

Unauthorized Practice of Law (UPL)

When non-lawyers perform activities only lawyers are allowed to do; often a crime.

Practice of law

Activities requiring professional legal judgment to relate law to a specific problem.

Client trust account

A bank account used to hold money belonging to a client or a third party.

Contingency fee

A lawyer's fee payable only if the lawyer wins the case; a percentage of the recovery.

Professional judgment

The educated ability to apply law to specific facts.

Disbarment

The revocation of a lawyer's license.

Negligence

The failure to act reasonably under the circumstances.

Legal malpractice

A lawyer's failure to act reasonably, causing harm to a client.

Constitutional law

Principles and rules derived from the U.S. and state constitutions.

Jurat

Verification upon oath or affirmation; a signer swears statements are true before a notary.

Acknowledgment

A formal declaration of a signature before a public official, acknowledging the signature.

Separation of powers

Division of governmental power among the legislative, executive, and judicial branches.

Checks and balances

System where each government branch can limit the others to maintain balance.

Statute

A law enacted by a state legislature or by Congress.

Executive order

An official policy directive issued by the president or a state governor.

Administrative law

Rules and regulations created by administrative agencies at federal and state levels.

Ordinance

A local law enacted by a local government.

Common law

Law created by courts through judicial decisions, used when no written law covers a situation.

Equity

A principle allowing courts to issue fair remedies (like injunctions) when monetary damages are inadequate.

Injunction

A court order requiring a party to perform or cease a specific act.