BPA Legal Office Procedures

"signing a document"

executing a document

3 styles of pleading paper

blank format, California format (line numbering), left and right ruled margins

6th Admendment

right to speedy and public trial by impartial jury

A judgment is prepared by the losing side and presented to the court entry

false

a legal secretary is strictly forbidden from offering legal advice

true

accede

attorney filed a motion to (accede, exceed) fees

accuracy, brevity, and clarity arean

qualities of firm's professionalism

acknowledgment

written statement to which one declares that he or she executed an instrument

ad infinitum

forever, without limit, to infinity

ad litem

for the suit

adjunction

formal giving or pronouncing of judgement or decree in a cause; giving or pronouncing a judgement or decree; also the judgement given.

advance sheets

periodically slip opinions are collected and published in a softbound or loose leaf format

affidavit

A sworn written statement; A written declaration made under oath before a notary public or other authorized officer

affirmation

solemn and formal declaration that an affidavit is true; substituted for an oath in certain instances

amendment

to will is known as codicil

American Jurisprudence, Second Series (abbreviation)

Am. Jur. 2d

amounts should be shown in

words and figures, words first

annotations

Markings made on a slide that help the audience better understand the content

answer

response to complaint

appearance

a: the act, action, or process of appearing b: the presentation of oneself in court as a party to an action often through the representation of an attorney

appellant

Name on appeal for the party who appeals a lower court's decision, typically had lost the case beforehand

arbitration

reference of dispute to an impartial (third) person chosen by the parties who agrees in advance to abide by the arbitrator's award issued after a hearing at which both parties have an opportunity to be heard

As a general rule, property descriptions and long quotations found within a legal document should be single spaced and indented

true

assignment

transfer of a right

at

will employee

Attestation Clause

witness clause in a will

attorney's trust account holds funds

belong to someone else

bankruptcy

process of declaring a person unable to pay his or her debts and then taking the person's
assets and distributing them among the creditors

barrister

a British lawyer who speaks in the higher courts of law

beneficiary

One who benefits from something; a person who is left money or other property in a will or the like

Best Interest of Children

important consideration in determining custody of children after a divorce

block letter has the following

date, inside address, salutation, complimentary close, reference initials flush left

brief

A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial

briefs

Documents submitted to a court by attorneys that contain a summary of the issues, the laws applying to the case, and arguments supporting counsel's position
NOT part of pleadings in a civil case

caption

title page of court document which includes case title, jurisdiction, venue, court/docket

case files contain

correspondence, reminders, pleadings

cause of action

A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint, the court will dismiss it.

certified mail

piece of first

Chapter 11

protection from creditors given to a company in financial difficulties for a limited period to allow it to reorganize

chapter 13

bankruptcy law that is available only to indv. with regular incomes

Chapter 13

Bankruptcy law that is only available to individuals with a regular income;
protection from creditors granted to individuals who legally file for bankruptcy, providing for repayment of debts by a court

Chapter 7

straight or liquidated bankruptcy

civil action

action brought by one private party against another to resolve a controversy; noncriminal case in which one private individual or business sues another to protect, enforce, or redress private or civil rights
ex: actions seeking money, actions seeking specific performance, actions for stay or performance of an act

class action

individual who sues on behalf of an entire group; for this to occur, court must find that all members have certain facts in common,; lawsuit brought by an individual or group of people on behalf of all those similarly situated

Clayton Act

makes it illegal for a business to require a customer to purchase one
good in order to be able to purchase another good

codicil

amendment to a will
needs to be witnessed

commercial paper

unconditional written promise to order or pay a sum of money; checks, promissory notes, certifications of deposit

common law

law that has evolved from custom and judicial precedent

common law legal system

A legal system that primarily relies on case law and precedents and is used in most countries that are or were British territories or colonies
Louisiana is the only state that doesn't have a common law legal system (uses system based on French and Spanish law)

complaint

first pleading filed by plaintiff in a civil action

Computer programs used by law office

Automated Calendaring Systems
Database programs
Word Processing programs

Conflict of Interest

when the lawyer's judgment is affect by influences other than the client's best interests

Consumer Product Safety Act

1972

Consumer Product Safety Commission

can make business recall and stop selling a product

contingency fee arrangement

if no recovery, no fee
instead of charging an hourly fee, percent of whatever amount the client wins or settles for in the case. clients pays nothing except expenses if they lose the case

contract

agreement that is enforceable by law

contracts

must not violate law, be contrary to public policy in formation, purpose or performance.
unless required by law, does not need to be written to be enforceable (can be oral, written or implied)
ex: employment

conversion

A defendant is liable for this tort if he intentionally commits an act depriving the plaintiff of possession of her chattel or interfering with the plaintiff's chattel in a manner so serious as to deprive the plaintiff of the use of the chattel

corporate laws

governed by states

corpus delicti

body of the offense

counterclaim

A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.

court log

DNA
or the same as a docket

court of appeals

state court that reviews cases from trial courts

court of original jurisdiction

court of record in which case is first tried.

criminal action

party charged with public offense is accused and brought to trial and punishment; a lawsuit brought by the state (also known as "the people") against a person accused of a crime

cross

claim

defamation

calumny, slander, or libel

default

a failure to do that which is anticipated, expected, or required in a given situation; failure to respond to a summons and complaint served on a party in the time required by law; in contract law, failure to perform contractual obligation; not caused by carelessness or imprudence

deposition

testimony of a witness or a party taken under oath outside of courtroom
a pretrial recorded statement of a party or witness to a lawsuit before a court reporter or other officer to determine, through questioning, what a party or witness knows and what their testimony will be at trial

disaffirmed

any contract entered into while a minor can be disaffirmed
When the consideration by both parties has been given back.

discovery

The procedure which permits one party to inquire of the adverse party and all witnesses regarding anything relating to the action

divestiture

Sale by a company of an asset that is not performing well, that is not core to the company's business, or that is worth more as a separate entity.

docket

log containing chronological case entries of court proceedings
trial list, calendar

document management software

helps with naming of law office documents; creates unique document numbers to help locate documents while following standardized programming instructions; central location for storing, managing, and tracking files

doe clause

when the names of one or more defendants in a suit are not know

domicile

A home; residence

double jeopardy

Being tried twice for the same crime; prohibited by 5th amendment

duces tecum

you bring with you

due process

criminal law in which the accused is guaranteed a fair and impartial trial

duress

A criminal defense for an act undertaken under threat of serious bodily harm

Duty of loyalty, honesty and care

directors and officers of a company all owe this to the corporation and its share holders

employed at will

employee does not have a contract

encumbrances

Any Claim, lien, charge or liability attached to and binding on real property is an encumbrance. As already discussed, government rights, conditions, and leases are encumbrances.

equity aka chancery

A legal principle of fair dealing, which may provide preventive measures and legal remedies that are unavailable under existing common law and statutory law.

et al

and others

et vir

and husband

eviction

Legal action taken to remove a tenant from possession of all real property

evidence

testimony, writings, or material objects offered as proof of an alleged fact or proposition

ex parte

action taken in a case upon application of one party; judicial proceeding conducted for the benefit of only one party; temporary restraining order against abusive person or to prevent irreparable injury to property
named ex parte Williams

express contract

has its elements specifically stated (offer, acceptance, consideration) and terms set down in clear

express warranty

oral or written promise by the seller of product quality or
performance

expungement

a legal process that results in the removal of a conviction from official records

Family and Medical Leave Act

applies to companies with 50 or more employees; allowed certain workers to take twelve weeks of unpaid leave each year for family health problems, including birth or adoption of a child

FDA

Food and Drug Administration. The agency that is responsible for determining if a food or drug is safe and effective enough to be sold to the public.

feasance

proper performance of an act

federal communications commission (FCC)

licenses and regulates interstate and foreign communications

Federal Insurance Contributions Act

Act that provides the federal system of old

Federal Trade Commission

monitors false or misleading advertising, price setting by competitors, and price discrimination
DOES NOT monitor racial discrimination and patent violations

five part of complaint

caption, opening paragraphs, allegations and claims, prayer and verification

foreclosure

Assuming that our mortgagee