Paralegal Terms and Document Types

A comprehensive vocabulary review of core paralegal concepts, litigation and discovery procedures, legal document types, legal research and citation, professional ethics, and copyright concepts.

Complaint

The document that starts a civil lawsuit

Summons

Notice telling the defendant to respond to a lawsuit

Service of process

Formally delivering legal papers to the other party

Answer

Defendant's written response to the complaint

Affirmative defense

A defense that adds new facts to avoid liability

Counterclaim

Defendant's claim against the plaintiff

Cross-claim

Claim between co-parties on the same side

Motion to dismiss

Asks the court to end the case early

Default judgment

Ruling for one side when the other fails to respond

Summary judgment

Ruling without trial when no key facts are disputed

Motion in limine

Asks the court to limit or exclude evidence before trial

Voir dire

Questioning of potential jurors

Verdict

The jury's decision

Injunction

Court order to do or stop doing something

TRO (temporary restraining order)

Short-term emergency order that preserves the status quo

Appeal

Asking a higher court to review a decision

Remand

Sending a case back to the lower court

Litigation hold

Notice to preserve all potentially relevant records

Discovery

The exchange of information before trial

Interrogatories

Written questions answered under oath

Request for production (RFP)

Asks the other side for documents or things

Request for admission (RFA)

Asks the other side to admit or deny facts

Deposition

Sworn out-of-court testimony, recorded

Subpoena

Order to appear or testify

Subpoena duces tecum

Order to produce documents

Privilege log

List of documents withheld as privileged

Bates numbering

Unique page numbers stamped on produced documents

ESI

Electronically stored information

Meet and confer

Required talk between parties to resolve a dispute before filing a motion

Jurisdiction

A court's authority to hear a case

Venue

The proper location for a case

Standing

The right to bring a lawsuit

Statute of limitations

Deadline for filing a claim

Burden of proof

Who must prove their claim

Preponderance of the evidence

More likely than not (civil standard)

Beyond a reasonable doubt

Criminal standard of proof

Hearsay

Out-of-court statement offered for its truth

Attorney-client privilege

Protects confidential communications between lawyer and client

Work product

Materials prepared in anticipation of litigation

Stipulation

An agreement between parties

Pro se

Representing oneself

Plaintiff

Party who sues

Defendant

Party who is sued

Petitioner

Party who files a petition or appeal

Respondent

Party who answers a petition or appeal

Tort

A civil wrong causing harm

Negligence

Failure to use reasonable care

Damages

Money awarded for harm

Liability

Legal responsibility

Consideration

Something of value exchanged in a contract

Breach

Failure to perform a contract duty

Fiduciary duty

Duty to act in another's best interest

Pleading

Formal filing stating claims or defenses

Motion

Written request for a court order

Brief

Written legal argument filed with a court

Memorandum of law

Legal argument in support of a motion

Affidavit

Sworn written statement

Declaration

Written statement made under penalty of perjury, no notary needed

Exhibit

Evidence attached to a filing

Certificate of service

Proof that papers were delivered

Notice of appearance

Tells the court an attorney represents a party

Order

A judge's written directive

Judgment

The court's final decision

Docket

The record of filings and events in a case

Transcript

Written record of testimony or proceedings

Proposed order

Draft order submitted with a motion

Engagement letter

Sets the scope and terms of representation

Retainer agreement

Fee agreement for legal services

Demand letter

Formal request to resolve a claim before suing

Cease and desist letter

Demand to stop an activity

Settlement agreement

Written resolution of a dispute

Release

Gives up the right to sue over a claim

Power of attorney

Authority to act for another person

Will

Document controlling distribution of property after death

Trust

Arrangement where a trustee holds property for beneficiaries

Deed

Document transferring real property

Lease

Rental agreement

Promissory note

Written promise to repay money

NDA

Nondisclosure agreement

Articles of incorporation

Document that legally creates a corporation

Bylaws

Internal rules governing a corporation

Operating agreement

Document setting out how an LLC is run

Statute

Law passed by a legislature

Regulation

Rule issued by an agency

Case law

Law made through court decisions

Precedent

A prior decision that guides later cases

Stare decisis

Principle of following prior decisions

Holding

The ruling essential to the outcome of a case

Dicta

Commentary in an opinion that isn't binding

Primary authority

The law itself (statutes, regulations, cases)

Secondary authority

Commentary about the law (treatises, law reviews)

Shepardizing / KeyCite

Checking whether a case is still good law

Bluebook

The standard legal citation guide

UPL (unauthorized practice of law)

Paralegals can't give legal advice or appear in court

Conflict of interest

Competing duties or loyalties

Confidentiality

Duty to protect client information

Supervision

Attorney responsibility for paralegal work

Infringement

Unauthorized use of a protected work

Fair use

Limited use allowed without permission

Copyright registration

Filing with the Copyright Office, needed before suing in most cases