Basic Paralegal Terminology Questions and 100% CORRECT answers
Paralegal - ANSWERAlso used interchangeably with the term "legal assistant" for a professional who is qualified through education, training or work experience, to assist attorneys in the delivery of a broad range of legal services. Statutes - ANSWERLegislative acts passed by either federal legislature (Congress) or state legislatures Ordinances - ANSWERRules passed by local legislative bodies Constitutions - ANSWERDeal with broad principles that pertain to issues of governmental organizations, powers, and basic human rights U.S Constitution - ANSWERIs made up of 27 Amendments Bill of Rights - ANSWERThe first 10 Amendments of the U.S Constitution Administrative Regulations - ANSWERRules that come from administrative agencies Treaties - ANSWERSigned by the President and has to be ratified by 2/3 of the Senate Executive Orders - ANSWEROrders passed by the President without the need of legislative approval Case Law - ANSWERThe body of all court decisions; the rulings of the highest courts have the greatest weight Precedent - ANSWERA legal decision that will serve as an authoritative rule or pattern in the future for similar cases. Mandatory Precedent - ANSWERWhen the ruling of a higher court must be followed by the present court. Persuasive Precedent - ANSWERPrecedent that is not mandatory but is useful or relevant in making the decision in a current case Stare Decisis - ANSWERThe tendency to follow precedent Civil Suits - ANSWERThe adjudication of private rights between two or more parties Compensatory Damages - ANSWERWhen the plaintiff asks to be awarded money for claims based on medical bills, lost wages, property damages, and/or pain & suffering Punitive Damages - ANSWERTo punish the wrongdoer for intentionally wrongful or grossly negligent conduct Nominal Damages - ANSWERDamages awarded in name only, where no substantial harm was done Equity - ANSWERNon-monetary recovery Prohibitory Injunction - ANSWERA court order preventing a party from doing a particular act Mandatory Injunction - ANSWERA court order requiring a party to do a particular act Order of Specific Performance - ANSWERRequires a party to perform obligations under a contract Criminal Law - ANSWERInvolves punishment for acts that have been deemed to be contrary to to standards imposed by society Felonies - ANSWERAn act defined as a serious crime where punishment is greater than 1 year in jail. Examples include: murder, possession of large amounts of drugs, assault with a deadly weapon, burglary, and arson. Misdemeanor - ANSWERA crime that is less serious than a felony; penalty is no greater than 1 year in jail or a fine without need of incarceration. Examples include: Possession of small amounts of marijuana and shoplifting of items worth less than a specified amount Plaintiff - ANSWERThe party who initiates a civil action Prosecutor - ANSWERThe party who initiates a criminal action; usually stated as "State" Defendant - ANSWERThe party being sued in a criminal or civil suit District Attorney - ANSWERThe chief administrator of an office that is composed of attorneys who prosecute state CRIMINAL actions Public Defender - ANSWERRepresent defendants who cannot afford private counsel in CRIMINAL cases Legal Aid - ANSWERRepresent defendants who cannot afford private counsel in CIVIL cases Clerk of the Court - ANSWEROfficer in charge of all record-keeping of the courts Bailiff - ANSWERAssists in keeping order Original Jurisdiction - ANSWERPower of a court to hear a case for the first time Appellate Jurisdiction - ANSWERCourts with the power to review cases that have already been heard before another tribunal Venue - ANSWERGeographical location where a case is heard Concurring Opinion - ANSWERA judge who agrees with the outcome of the majority ruling but disagrees with the reasoning in the opinion Dissenting Opinion - ANSWERA written opinion of any judge that disagrees with the conclusion reached by the majority Headnotes - ANSWERIssues in the case, written by the publisher Per Curiam Decision - ANSWERAn opinion coming from the entire court Amicus Curiae Brief - ANSWER"Friend of the court"; a brief filed by one who is not a party to the case Citation - ANSWERContains the location where the case may be found in the law library Remedy - ANSWERType of recovery being sought by the plaintiff Cause of Action - ANSWERThe legal theory upon which the case is based Ethics - ANSWERDeals with principles of conduct that are deemed to be correct based on moral judgmentV passive euthanasia - ANSWERwithdrawing or withholding of life-sustaining treatment to allow the patient to die from the underlying illness or injury Active Euthanasia - ANSWERdirect actions that result in the patient's death, such as giving the patient a lethal injection. Physician-assisted suicide - ANSWERVoluntary suicide by a patient committed with the assistance of her physician Eugenics - ANSWERControlled breeding practices used to improve the genetic quality of offspring Allocation - ANSWERDistribution of goods and services among alternative possibilities of their use
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basic paralegal terminology questions and 100 cor