Understanding the Legal System and the Role of the Legal Assistant

Legal System

The framework for resolving disputes, enforcing laws, and protecting rights in society.

Legal Assistants

Also known as paralegals, they support attorneys and contribute to legal processes.

Sources of Law

Four main types that form the legal framework:Constitutional, Statutory, Administrative, and Case Law.

Constitutional Law

The foundation of U.S. laws, based on the U.S. Constitution and state constitutions.

Statutory Law

Laws enacted by legislative bodies at federal, state, and local levels.

Administrative Law

Regulations created by administrative agencies to implement and enforce laws.

Case Law

Judicial decisions that interpret statutes and can set legal precedents.

Plaintiff

The party who initiates a lawsuit.

Defendant

The party against whom a lawsuit is filed.

Jurisdiction

The authority of a court to hear a case.

Precedent

A previous court decision that influences future cases.

Tort

A civil wrong causing harm to another, allowing for legal action.

State Courts

Handle matters related to state laws, including trial, appellate, and supreme courts.

Federal Courts

Address issues regarding federal laws, including district courts, courts of appeals, and the U.S. Supreme Court.

Attorney

Provides legal advice, represents clients, and drafts legal documents.

Client

The individual or entity seeking legal assistance.

Paralegal

Assists attorneys with research and document preparation but cannot provide legal advice.

Confidentiality

The principle of protecting client information.

Conflict of Interest

Situations where personal interests could compromise professional duties.

Competence

The requirement for legal professionals to provide knowledgeable services.

Integrity

Upholding honesty and fairness in legal practice.

Preparation

Researching client backgrounds before interviews to ensure informed discussions.

Active Listening

Attentively listening to clients to foster rapport and accurate information collection.

Questioning

Using open-ended questions to gather comprehensive information.

Documentation

Accurately recording interviews to support case building.

Criminal Law

Deals with crimes and their punishments.

Civil Law

Entails disputes between individuals or entities.

Family Law

Covers matters like divorce, child custody, and adoption.

Corporate Law

Focuses on business-related legal issues and governance.

Intellectual Property Law

Protects creations of the mind, including inventions and trademarks.