Introduction to Paralegalism - Chapter Four

Regulation

A rule or restriction designed to control the conduct of an organization or individual

Practice of law

Using or attempting to use legal skills to help resolve a specific person’s legal problem

Professional judgement

Applying the law or legal principles to the facts of a specific person’s legal problem

Legal advice

A statement or conclusion that applies the law or legal principles to the facts of a specific person’s legal problem

Legal information

Any statement about the law that is not directed at the facts of a specific person’s legal problem

Self-help

Self-representation

Pro se

Appearing for or representing oneself

Litigants

A party in a lawsuit

Pleading

A formal litigation document filed by a party that states or responds to the claims and defenses the parties have against each other

Bankruptcy petition preparer (BPP)

A nonattorney who is authorized to charge fees preparing (without attorney supervision) a bankruptcy petition or any other bankruptcy document that a self-represented debtor will file in a federal court

Exemptions

The right of a debtor to keep designated property rather than make it available to creditors to satisfy debts, particularly in backruptcy

Discharged

Forgive a debt so that it is no longer owed

Legal document assistant (LDA)

A nonattorney in California who is authorized to charge fees for providing self-help assistance to anyone representing himself or herself in a legal matter

Unlawful detainer assistant (UDA)

A nonattorney in California who is authorized to charge fees for providing self-help assistance to landlords or tenants in actions for the possession of land

Ministerial

Involving a duty that is to be performed in a prescribed manner without the exercise of judgement or discretion

Bond

An obligation to perform an act upon the occurence of a designated condition

Legal document preparer (LDP)

A nonattorney in Arizona who is authorized to charge fees for providing self-help assistance to anyone representing himself or herself in a legal matter

Antitrust law

The law governing unlawful interferences with competition such as through price fixing, monopolies, and other restraints of trade

Statements of principles

Guidelines negotiated by bar associations and specified law-related occupations that distinguish between those activities of the occupations that do not constitute the unauthorized practice of law and those that do

Minimum-fee schedules

A bar-association list of the lowest fees an attorney can ethically charge for specific kinds of legal services

Counterclaim

A claim by one side in a case (usually the defendant) that is filed in response to a claim asserted by an opponent (usually the plaintiff)

Court of record

A court that is required to maintain a record of the proceedings before it, including a word-for-word account of what occurred

Calendar call

The time in court when a case on the calendar (docket) is called for a determination by the judge of the next step in the proceedings

Continuance

The adjornment or postponment of a proceeding until a later date

Ex parte

With only one side present when court action is requested

Uncontested

Unchallenged

Pleadings

A formal litigation document filed by a party that states or responds to the claims and defenses the parties have against each other

Memoranda of law

A written explanation of how one or more rules might apply to the facts of a client’s case

Appellate brief

A document that a party files with an appellate court in which the party presents arguments on why the appellate court should affirm, reverse, vacate, or otherwise modify what a lower court has done

Jailhouse lawyer

An inmate, usually a self-taught nonattorney, who has limited right to provide other inmates with legal services if the institution does not provide adequate alternatives to such services

Litigous

Inclined to resolve disputes through litigation

Adversarial

Involving conflict and an adversary

Adversary system

A method of resolving a legal dispute whereby the parties argue their conflicting claims before a neutral decision maker

Supremacy Clause

The clause in the US Constitution that has been interpreted to mean that when valid federal law conflicts with state law

Separation of powers

The constitutional requirement that each of the legislative, executive, and judicial branches of goverment limit itself to the powers granted to it and not encroach upon the powers granted to the other two branches

Usurp

To unlawfully exercise a position or power that belongs to another

Administrative Proceure Act (APA)

The statute that governs procedures before federal administrative agencies

Patent agent

A nonattorney liscensed to prepare and submit patent applications before the US Patent and Trademark Office

Enrolled agent

A nonattorney who is liscensed to represent taxpayers before the Internal Revenue Service

Administrative law judge (ALJ)

A government officer who presides over a hearing at an administrative agency

Page 52 debate

A debate on whether there should be limited liscensing for paralegals

Juris Doctor (JD)

The law degree most American law schools grant its graduates

Justice gap

The large numbers of people who do not have access to legal assistance, primarily because of the cost of such assistance

Limited practice officer (LPO)

A nonattorney in Washington State who is authorized to select and prepare approved legal documents for designated property transactions

Limited Liscense Legal Technician (LLLT)

A nonattorney in Washington State who is authorized to engage in the limited practice of law (without attorney supervision) in approved areas of practice

Client trust account

A bank account controlled by an attorney or limited liscense legal technician that contains client funds that may not be used for general operating expenses or for any personal purpose of the attorney or LLLT

Surety

One who is liable for paying another’s debt or performing another’s duty

Attorney-client privilege (ACP)

A client or a client’s attorney can refuse to disclose any confidential communication between them if the purpose of the communication was to facilitate the provision of legal services to the client

Fiduciary

Pertaining to the high standard of good faith treatment that must be exercised on behalf of another

Prepaid legal services

A legal-insurance plan by which a person pays premiums to cover future legal services that might be needed

Unbundled legal services

Discrete task representation for which the client is charged per task as opposed to a single fee for all tasks to be performed

E-filing

Electronic filing in court of pleadings and other documents

Interest on Lawyers’ Trust Accounts (IOLTA)

A program that helps fund legal services for the poor with funds that attorneys are required to turn over from interest earned in client trust accounts containing client funds

Entry-level certifications

Certification acquired by meeting eligibility requirements that do not include work experience

Fair Labor Standards Acts (FLSA)

The federal statute that regulates conditions of employment such as when overtime compensation must be paid

Exempt

Not subject to a requirement

Preempt

Displace or take precedence over

Vicarious liabilty

Liability imposed on a person for the conduct of another, based solely upon the status of the relationship between the two

Personal liablity

Liability that can be satisfied out of a wrongdoer’s personal as well as business assets

Negligent supervision

Carelessly monitoring or supervising an incompetent person who poses an unreasonable risk of harm to others

Respondeat superior

An employer is responsible for the wrongs committed by an employee within the scope of employment

Scope of employment

That which is foreseeably done by an employee for the employer’s business under the employer’s specific or general control

Deep pocket

An individual, a business, or another organization with resources to pay a potential judgement

Negligence

The failure to use reasonable care that an ordinary prudent person would have used in a similar situation, resulting in injury or other loss

Statute of limitations

A law stating that civil or criminal actions are barred if not brought within a specified period of time

Process

The means used by the court to aquire its power or jurisdiction over a person

Malicious prosecution

A tort with the initiation of civil or criminal legal proceedings

Abuse of process

A tort resulting in actual damage

Malpractice

Negligence committed by a professional

Go bare

To engage in an occupation or profession without malpractice insurance

Occurence policy

Insurances that covers all occurrences during the period the policy is in effect

Claims-made policy

Insurance that covers only claims actually filed during the period in which the policy is in effect