chapters 1-5 CIVIL LITIGATION

Paralegal

A trained legal professional who assists attorneys with legal work but cannot practice law or represent clients in court.

Civil Litigation

The legal process used to resolve disputes between individuals, businesses, or organizations seeking monetary damages or other remedies instead of criminal punishment.

Plaintiff

The person or party who files a lawsuit.

Defendant

The person or party being sued.

Attorney

A licensed lawyer authorized to practice law and represent clients.

Client

A person or organization that hires an attorney for legal representation.

Confidentiality

The duty to keep all client information private.

Attorney-Client Privilege

A legal rule protecting confidential communications between an attorney and client from disclosure.

Unauthorized Practice of Law (UPL)

Performing legal services without a law license.

Ethics

Standards governing professional conduct.

Conflict of Interest

A situation in which personal or professional interests interfere with the duty owed to a client.

Competence

The legal knowledge and skill required to perform professional duties properly.

Duty of Loyalty

The obligation to act in the client's best interests.

Professional Responsibility

The ethical and legal obligations attorneys and paralegals owe clients, courts, and the public.

Candor

The duty to be truthful with the court.

Privilege

A legal protection preventing certain communications from being disclosed.

Case Management

Organizing and tracking legal cases from beginning to end.

E-Filing

Filing court documents electronically.

Docket

The court's official schedule and record of cases.

Deadline

The last date by which a legal action must be completed.

Billing

Recording time spent working on legal matters for client charges.

Metadata

Hidden electronic information about a digital document, such as the author or creation date.

E-Discovery

The process of identifying, collecting, and producing electronically stored information as evidence.

Jurisdiction

The authority of a court to hear and decide a case.

Venue

The proper geographic location where a lawsuit should be filed.

Subject Matter Jurisdiction

A court's authority to hear a particular type of case.

Personal Jurisdiction

A court's authority over the parties in a lawsuit.

Alternative Dispute Resolution (ADR)

Methods of resolving disputes without a trial.

Mediation

A voluntary process where a neutral mediator helps parties negotiate a settlement.

Mediator

A neutral person who helps disputing parties reach an agreement.

Arbitration

A process where a neutral arbitrator hears evidence and makes a decision.

Arbitrator

A neutral decision-maker in arbitration.

Settlement

An agreement resolving a lawsuit without trial.

Cause of Action

The legal basis for filing a lawsuit.

Negligence

Failure to use reasonable care, resulting in injury to another person.

Duty of Care

The legal obligation to act reasonably to avoid harming others.

Breach of Duty

Failure to meet the required standard of care.

Causation

Proof that the defendant's conduct caused the plaintiff's injury.

Damages

Money awarded to compensate for losses.

Tort

A civil wrong that causes injury or loss.

Intentional Tort

A wrongful act committed deliberately.

Contract

A legally enforceable agreement between parties.

Breach of Contract

Failure to perform obligations required by a contract.

Burden of Proof

The obligation to prove the facts of a case.

Preponderance of the Evidence

The standard of proof in most civil cases, meaning more likely than not.