Paralegal Advanced Competency Exam - Legal Terminology

Appeal

To as a more senior court or person to review a decision of a subordinate court or person

BEQUEATH

To give a gift to someone through a Will.

BIFURCATE

To separate the issues in a case so that one issue or set of issues can be tried and resolved before the others. For example, death penalty cases are always bifurcated. The court or jury first hears the evidence of guilt and reaches a verdict, then hears evidence about and decides upon which punishment to impose (death or life in prison without parole). Bifurcated trials are common in product liability class action lawsuits in which many people claim that they were injured by the same defective product. The Issue of liability is tried first, followed by the question of damages. Bifurcation is authorized by Rule 42(b) of the Federal Rules of Civil Procedure.

Abstract of title

a chronological summary of all official records and recorded documents affecting the title to a parcel of real property

Alien corporation

a corporation that was formed in another country, but is doing business in the United States or its territories

Appellate court

a court having jurisdiction to hear appeals and review a trial court's procedure

BOND

a deposit of money which ensures that the personal representative will perform his or her duties.

CLASS GIFT

a group of beneficiaries who are designated to receive a gift from the decedent by general reference rather than by their specific names, for example: "my children."

Administrator

a person who administers the estate of a person deceased. The administrator is appointed by a court and is the person who would then have power to deal with the debts and assets of a person who died intestate. A female administrator is called an "administratrix". An administrator is a personal representative.

Ancillary probate

a probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually ancillary probate proceedings are necessary if the deceased person owned real estate in another state.

BLOCKED ACCOUNT

a secure account that holds fund, usually proceeds from sales, or other estate assets until distribution is to be made. Can also be a custodian account for a minor.

CHARITABLE DEDUCTION

a tax deduction allowed on federal income taxes for contributions or gifts made to tax-exempt charitable organizations, which have been approved by the IRS.

Accord and satisfaction

a term of contract law by which one party, having complied with its obligation under a contract, accepts some type of compensation from the other party in lieu of enforcing the contract and holding the other party to its obligation.

CHARTITABLE REMAINDER TRUST

a trust which benefits the settlor and/or his or her family for a specified period of time, after which the remainder is distributed to charity.

BYPASS TRUST

a trust which intends to save a "second tax" when the second spouse dies by "bypassing" his or her estate. May also be called a credit shelter trust or B Trust.

Administrative agencies

agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation and labor

CHARITABLE TRUST

also called a public trust. Trust created for charitable benefit.

BAD FAITH

deceitful or devious intent which is motivated by self-interest, concealed purpose or ill will.

Attorney General Opinion

decision written by the chief legal officer of a state or of the federal government; this opinion is generally advisory in nature

Antitrust acts

federal and state statutes to protect trade and commerce fro unlawful restraints, price discrimination, price fixings, and monopolies

Ad hoc

for this purpose; for a specific purpose

Adjudication

giving or pronouncing a judgment or decree; te

BLOCKAGE DISCOUNT

if the sale of an entire piece of property at the same time would decrease the value of the property, a discount in valuation my allowed.

CAPTIAL GAINS TAX

income tax upon financial gain resulting from the sale or exchange of capital assets.

Agency regulations

rules written by federal and state administrative agencies

Allegation

something to be proved or disproved through the introduction of evidence

Alternate Valuation Date

the administrator may choose an alternative date to the date of death for the valuation of the decedent's estate for federal estate tax purposes

CERTIFICATION

1. Written attestation 2. Authorized declaration verifying that an instrument is a true and correct copy of the original.

Amicus Curiae

A Friend of the Court; Refers more specifically to a person asking for permission to intervene in a case where they are neither the plaintiff or defendant

BATTERY

A crime consisting of physical contact that is intended to harm someone. Unintentional harmful contact is not battery, no matter how careless the behavior or how severe the injury. A fist fight is common battery; while being hit by a wild pitch in a baseball game is not.

CLAIM

A debt owing by a debtor to another person or business. In probate parlance, the term used for debts of the decedent and procedure that must be followed by a creditor to obtain payment from the debtor's estate.

Arrears

A debt that is not paid on the due date adds up and accumulates as "arrears". Also used to describe child or spousal maintenance or support that is not paid by the due date.

Articles of Incorporation

A document filed with state authorities to form a corporation. The articles normally include the purpose of the corporation, its principal place of business, the names of its initial directors who will control it, and the amounts and types of stock it is authorized to issue

BRIEF

A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why it should prevail. These arguments must be supported by legal authority and precedent such as statutes, regulations and Regulations and previous court decisions. Although it is usually possible to submit a brief to a trial court (called a trial brief) briefs are most commonly used as a central part of the appeal process (an appellate brief). [Briefs are usually anything but brief.]

BREACH

A failure or violation of a legal obligation.

Acknowledgement

A formal declaration before an authorized official by the person who executed an instrument that it is his/her free act and deed; the certificate of the official on such instrument attesting that is was so acknowledged.

CLASS ACTION

A lawsuit brought by oner or more persons on behalf of a larger group.

BREACH OF CONTRACT

A legal claim that one party failed to perform as required under a valid agreement with the other party. For example, "The roofer breached our contract by using substandard supplies when he repaired my roof."

CLEAN HANDS

A maxim of the law to the effect that any person, individual or corporate, that wishes to ask or petition a court for judicial action, must be in a position free of fraud or other unfair conduct.

Agent

A person who has received the power to act on behalf of another, binding that other person as if he/she were making the decisions personally . The person who is being represented by the agent is called the principal.

Arbitrator

A private, disinterested person chosen by the parties inn arbitration to hear evidence concerning the dispute and to make an award based on the evidence

American Law Reports

A publication that reports cases from all United States jurisdictions by subject matter

CHALLENGE FOR CAUSE

A request from a party to a judge that a certain prospective juror not be allowed to be a member of a jury because of specified causes or reasons.

BURDEN OF PROOF

A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court. For example, in criminal trials, the prosecution has the burden of proving the accused guilt because innocence is presumed.

CITATORS

A set of books that provides the subsequent history of reported decisions through a form of abbreviations or words.

Affidavit

A statement that, before being signed, the person signing takes an oath that the contents are, to the best of his/her knowledge, true. It is also signed by a notary or some other judicial officer who can administer oats, to the effect that the person signing the affidavit was under oath when doing so.

BLUE LAW

A statute that forbids or regulates an activity, such as the sale of liquor on Sundays.

CERTIORARI

A writ of certiorari is a form of judicial review whereby a court is asked to consider a legal decision of an administrative, tribunal, judicial office or organization such as a government to decide if the decision has been regular and complete or if there has been an error of law. For example, a certiorari may be used to wipe out an administrative tribunal's decision made in violation of a rule.

CITATION

A writ or order issued by a court commanding the person named therein to appear at the time and place named. Also the written reference to legal authorities, precedents, reported cases, etc., in briefs or other legal documents.

CD-ROM

Compact Disk-Read Only Memory, which means you cannot write to a CD-ROM. CDs can hold up to 12,000 to 15,000 images at 300 dpi. CDs are generally stored in "jukeboxes" to enable sharing among multiple workstations.

BEQUESTS

Gifts made in a will.

CAPACITY

Having legal authority or mental ability. Being of sound mind.

BENEFICIARY

In a legal context, "beneficiary" refers to the person for whom a trust has been created. May also be referred to as a "donee."

CAVEAT

Latin: let him beware. A formal warning. Caveat emptor means "let the buyer beware," a warning that buyers should examine and check for themselves things that they intend to purchase. They cannot later hold the vendor responsible for the condition of the thing bought.

CIVIL LAW

Law inspired by old Roman law, the primary feature of which was the laws were written into a collection. Codified law, not determined, as is common law, by judgment. The principle of civil law is to provide all citizens with an accessible and written collection of the laws that apply to them and that judges must follow.

BLUE SKY LAWS

Laws to protect people from investing in sham companies that consist of nothing but "blue sky." Such laws require that companies seeking to sell stock to the public submit information to and obtain the approval of a state or federal official overseeing corporate activity.

CERTIFICATION MARKS

Marks of a third-party (such as a consumer organization) which certifY a quality or characteristic of a product or service. Certification marks are not established by the owner or manufacturer.

BAIL

Money or other security, such as a bail bond, provided to the court to allow a person's temporary release from jail and assure his or her appearance in court. "Bail" and "bond" are often used interchangeably.

CHATTEL

Moveable items of property that are neither land nor permanently attached to land or a building, either directly or vicariously through attachment to real property. A piano is chattel but an apartment building, tree, or a concrete building foundation are not. The opposite of chattel is real property, which includes lands or buildings. All property that is not real property is said to be chattel. "Personal property" or personalty" are other terms sometimes used to describe the concept of chattel. The word derives from the feudal period when cattel were the most valuable property other than land.

CHANGE OF VENUE

Moving a lawsuit or criminal trial to another place for trial.

Adversary proceeding

One having opposing parties, such as a plaintiff and a defendant. Individual lawsuit(s) brought within a bankruptcy proceeding

Arrearages

Overdue alimony or child support payments.

Annuity

Similar to an insurance policy. A contract between the owner f the annuity provider and the purchaser (annuitant). The annuitant funds the account and interest accrues. The annuitant is then able to receive a yearly payment of a fixed amount for specific period of time or for a specific amount until all of the value has been paid to the owner.

ATTRACTIVE NUISANCE

Something on a piece of property that attracts children but also endangers their safety. For example, unfenced swimming pools, open pits, farm equipment and abandoned refrigerators have all qualified as attractive nuisances.

Attachment

Taking a person's property to satisfy a court-ordered debt

Annual Exclusion

The amount of money that a person can "gift" each year which is free from federal gift tax; requires the filing of a gift tax return.

CASE LAW

The entire collection of published legal decisions of the courts that, because of stare deccisis, contributes a large part of the legal rules that apply in moderns society. If a rule of law cannot be found in written laws, lawyers will often say that it is a rule to be found in "case law." In other words, the rule is not in the statute books but can be found as a principle of law established by a judge in some recorded case. The word "jurisprudence" has become synonymous for case law.

BANKRUPTCY

The formal condition of an insolvent person being declared bankrupt under law. The legal effect is to divert most of the debtor's assets and debts to the administration of a third person, sometimes called a trustee in bankruptcy, from which outstanding debts are paid pro rata. Bankruptcy forces the debtor into a statutory waiting period during which his or her commercial and financial affairs are administered under the strict supervision of the trustee. Commercial organizations usually add other non-legal burdens, such as the refusal of credit, upon bankrupts. The duration of bankruptcy status varies from state to state. It has the benefit of erasing most debts even if they were not satisfied by the sale of the debtor's asset.

Arson

The intentional setting of a fire to a building in which people live; the intentional setting of a fire to any building; felony

BEQUEST

The legal term for personal property, meaning any property other than real estate, left through a Will. (A gift of personal property contained in a Will. A disposition of personal property, as distinguished from a devise that passes real estate.)

Appellee

The party against whom an appeal is taken

Assignor

The person giving the right or property being assigned

BAILEE

The person who receives property through a contract of bailment, from the bailor, and who may be committed to certain duties of care towards the property while it remains in his or her possession.

Assignee

The person who receives the right or property being assigned

BAILOR

The person who temporarily transfers possession of property to another, the bailee, under a contract of bailment.

Abatement

The process of determining the distribution of bequests as directed by the decedent in his/her will when there rare not assets sufficient to satisfy the bequests

BYLAWS

The rules that govern the internal affairs or actions of a corporation. Normally, bylaws are adopted by the shareholders of a profit-making business or the board of directors of a nonprofit corporation. Bylaws generally include procedures for holding meetings and electing the board of directors and officers. The bylaws also set out the duties and powers of a corporation's officers.

CIRCUMSTANTIAL EVIDENCE

All evidence except eyewitness testimony. One example is physical evidence such as fingerprints, from which an inference can be drawn.

BUSINESS RECORDS EXCEPTION

An exception to the hearsay rule. The exception allows a business document to be admitted into evidence if a proper foundation is laid to show it is reliable.

Asset

Anything that has value which is owned by an individual, company or organization. Includes real property, tangible and intangible property, including businesses, goodwill, promissory notes and accounts receivable

Adjusted basis

The basis of property used when computing gains for income tax purposes; the cost minus depreciation plus capital improvements

BASIS

The basis of real property is the original purchase price; adjusted purchase price of property.

Attorney-client privilege

The client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney.

BURGLARY

The crime of breaking into and entering a building with the intention to commit a felony. The breaking and entering need not be by force and the felony need not be theft. For instance, someone would be guilty of burglary if he or she entered a house through an unlocked door in order to commit murder.

BINDING PRECEDENT

The decisions of higher courts that set the legal standards for similar cases in lower courts within the same jurisdiction.

Advance Directive

may also be referred to as a "living will". Document that expresses a person's wishes about his/her medical care in the event they are unable to communicate their desires or have a terminal illness

Alternative Dispute Resolution

methods by which legal conflicts and disputes are resolved privately, other than through litigation in the public courts, usually through one of two forms: mediation or arbitration

Acceptance

one of three requisites to a valid contract under common law. A contract is a legally binding agreement between two or omre parties that starts with an offer from one person but does not become a contract until the other party signifies an unequivocal willingness to accept the terms of that offerr.

Agency decisions

opinions issued by federal and state administrative law judges as the result of disputes or controversies presented to the agency's administrative law judge or other person charged with hearing evidence and resolving issues involving matters under the agency's jurisdiction

Advance sheets

paperback pamphlets published by law book publishers weekly or monthly that contain reporter cases, including correct volume number and page number. When there are sufficient cases, they are replaced by a bound volume

Ad Litem

person appointed to act, during the pendency of a matter, as guardian for a minor child. Person may also bring action on behalf of the child

CITE-CHECKING

process where you verify that the citations in a document are accurate and follow the fonnat of the style manual that your organization is using.

Arraignment

the hearing at which the accused is brought before the court to plead to the criminal charge in the indictment.

Arbitration

the hearing of a dispute by an impartial third person or persons (chosen by the parties), whose award the parties agree to accept

Administration of Estate

the management of a decedent's estate. An administrator is appointed to collect all assets and debts of the decedent so that administrative expenses and taxes are paid and the remaining assets are distributed to the heirs or beneficiaries

Administrative authority

the rules, regulations and decision created by federal, state, and local agencies; the executive orders of the President and governors

Assault

the touching of another person with an intent to harm, without that person's consent.

BAILMENT

the transfer of possession of something (by the bailor) to another person (called the bailee) for some temporary purpose, such as storage, after which the property is either returned to the bailor or otherwise disposed of in accordance with the contract of bailment.

Aid and abet

to actively, knowingly, or intentionally assist another person in the commission or attempted commission of a crime

Assign

to give or transfer responsibility to another.