BPA Legal Office Procedures

forum

A public place where a trial or judicial proceeding is held

docket

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

court log

DNA
or the same as a docket

pro bono

done for the public good without compensation; legal services done or performed free of charge

legal aid

system of non profit organizations that provide legal services to people who cannot afford an attorney

pro se

representing oneself rather than hiring an attorney

marshal

A federal court officer whose job entails maintaining the peace, delivering legal papers, and performing duties similar to those of a state sheriff

notary public

person authorized by law to administer oaths, collect statements and witness signatures

attorney's trust account holds funds

belong to someone else

personal representative

person or entity named in a will to administer the estate

guardian

A person who is entrusted by law with the care of the person or property, or both, of another, as a minor or someone legally incapable of managing his or her own affairs

grantor

one who makes a grant; a person who transfers his or her interest in property to another by grant

double jeopardy

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

due process

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

expungement

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

jurisprudence

philosophy or science of law; a division, type, or particular body of law

litigant

someone involved in a lawsuit

spell check finds

double occurrences of a word
misspelled words
irregular case
will not distinguish between to and too

injunction

order by the court that stops an individual or individuals from taking action

stop action

stop motion

indictment

a set of written criminal charges issued against a party, where a grand jury, under the guidance of a prosecutor, has found that sufficient evidence exists to justify trying the party for that crime; a formal written statement from a grand jury charging an individual with an offense; also called a true bill.

sequester

jury that is kept separated from outside influences during a trial

second-hand evidence

hearsay
evidence that is accessed through research, reading, and investigation, including factual and historical information, expert opinion, and quantitative data

hearsay

witnesses repeat information that they were told by someone, were not personally present to see or hear it, second-hand information

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

certified mail

piece of first-class mail which provides proof of mailing and delivery without indemnity for loss or damage; mail that gives the sender proof of receipt from the U.S. Postal Service

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

writ of certiorari

A formal writ used to bring a case before the Supreme Court; a request from a higher court asking a lower court for the record of a case. In essence, the request signals the higher court's willingness to review the case.

stare decisis

policy of courts to abide by or adhere to principles established by decisions in earlier cases; a common law doctrine under which judges are obligated to follow the precedents established in prior decisions
"Let the decision stand"

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

common law

law that has evolved from custom and judicial precedent

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

jurisdiction in rem

Courts have personal jurisdiction over disputed property located within the state. (Court in FL may determine rights to a FL orange grove, but not something in California); in rem (upon the thing)-lawsuit against an item of property, not against a person

American Jurisprudence, Second Series (abbreviation)

Am. Jur. 2d

federal communications commission (FCC)

licenses and regulates interstate and foreign communications

United States Code (citation abbreviation)

U.S.C

evidence

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

notice of hearing

date set by agency; agency shall give no less than 7 days written notice to all parties and to all persons who have filed written petitions to intervene. Notice must include: Hearing Number, nature of proceeding and Date; Matters Asserted - short and plain statement; Legal Authority and jurisdiction; Details of Parties - address and phone of presiding officer and of parties to whom notice is given

request for admissions

A request for admissions is a part of the discovery (fact-finding) process that occurs before trial. It is a written set of questions or statements served by a party to a lawsuit on an opposing party or witness which are required to be denied or admitted in writing and returned to the requesting party with in a specified time, usually thrity days. Anything admitted in such a request will be deemed admitted for purposes of trial evidence.

memorandum of costs

A certified, itemized statement of the amount of costs after judgment

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

answer

response to complaint

slander

intentional false verbal communication that injures another's reputation or good name

defamation

calumny, slander, or libel

liability

An amount owed by a business; a debt; something disadvantageous

adjunction

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

affidavit

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

proclamation

something proclaimed, esp official public announcement

Writ of Habeas Corpus

writ-a legal document issued by a court or judicial officer
a writ ordering a prisoner to be brought before a judge
A court order that requires police to bring a prisoner to court to explain why they are holding the person

Conflict of Interest

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

Supreme Court Review

Final judgment rule: SCOTUS generally may only hear a case after there has been a final judgment by the highest state court, a fed court of appeals, or (in special statutory situations) a 3-judge district court

affirmation

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

barrister

a British lawyer who speaks in the higher courts of law

duress

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

seriatim

one after another; in a series

Computer programs used by law office

Automated Calendaring Systems
Database programs
Word Processing programs

3 styles of pleading paper

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

Two most common computer assisted legal research tools

Lexis and Westlaw

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

at-will employee

an employee who can quit or be terminated at any time and for any reason; an employee who has no union or other contract protection; cannot be discharged for refusing to perform illegal act

overrule

decision by higher court finding that lower court decision was in error

override

A sales commission collected by an executive in addition to the commission received by a subordinate salesperson

parallel citation

A reference to the same case or statute published in two or more sources
ex: brown v. board of education of topeka, kansas, a landmark decision by the Supreme Court in 1954, can be located in 347 U.S. 483, 74 S. Ct. 686, and 98 L. Ed. 873

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

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

jurisdiction

power to hear and decide cases

pleading

A civil pre-trial procedure that involves an exchange of documents between the legal representatives of the plaintiff and the defendant, with emphasis on raising points of law. Pleadings set out the nature of the claim made by the plaintiff and the defence raised by the defendant.

venue

A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside.

five part of complaint

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

FTC

An agency of the federal government created in 1914 to promote free and fair competition by prevention of trade restraints, price fixing, false advertising and unfair methods of competition-Federal trade commission

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.

GPO

an agency of the legislative branch that provides printing and binding services for Congress and the departments and establishments of the federal government

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

counterclaim

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

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.

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

cross-claim

A claim asserted between co defendants or co plaintiffs in a case and that relates to the subject of the original claim or counter claim.

appellant

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

leave of court

Permission of court to take some action, permission from the court to file a pleading.

mediation

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.

rebuttal

(law) a pleading by the defendant in reply to a plaintiff's surrejoinder

brief

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

subpoena duces tecum

Latin phrase meaning, "under penalty take with you"; a court order requiring a person to appear in court and to bring certain records or other material to a trial or a deposition

summary judgment

A decision made on the basis of statements and evidence presented for the record without a trial. It is used when it is not necessary to resolve any factual disputes in the case. Summary judgment is granted when — on the undisputed facts in the record — one party is entitled to judgment as a matter of law.

response

...

transcript

.

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

substantive law

body of law that creates and defines our rights and duties

jurist

one with through knowledge of law and written on legal subjects

complaint

first pleading filed by plaintiff in a civil action

writ

written application to the court for action on a legal matter

feasance

proper performance of an act

S.S

stands for to wit

testimonium clause

"In Witness Whereof" clause

good Samaritan act

protects qualified people from liability as result of providing emergency care

legal back

a cover for legal documents on which the endorsement is usually printed

caption

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

responsive pleading

answer in a pleading by the defendant against the plaintiff's claims
interrogatories

doe clause

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

summons

a writ notifying a defendant that a lawsuit has been filed and an appearance must be made