Chapter 10 paralegal Exam Questions and Answers 100% Pass

Chapter 10 paralegal Exam Questions and Answers 100% Pass Civil dispute - Answer️️ -A legal controversy in which (a) one private person or entity (e.g., business) sues another; (b) private person or entity sues the government, or (c) the government sues a private person or entity for a matter other than the commission of a crime Criminal dispute - Answer️️ -A legal controversy in which the government alleges the commission of a crime Damages - Answer️️ -An award of money paid by he wrongdoer to compensate the person who has been harmed Liable - Answer️️ -Legally responsible Joint and several liability - Answer️️ -Legally responsible together and individuallly. Each wrongdoer is individually responsible for the entire debt or judgment from one wrongdoer or from all of them until the debt or judgment is satisfied. Retain - Answer️️ -Do hire; to place or keep in one's services the noun is retainer Retainer - Answer️️ -The act of hiring or engaging the services of someone, usually a professional, verb is retain Contingent fee - Answer️️ -A fee that is paid only if the case is successfully resolved by litigation or settlement, regardless of the number of hours spent on the case (fee also referred to as a contingency) Appearance - Answer️️ -Formally coming before a tribunal as a party or as a representative of party. The attorney usually appears by filing a notice of appearance in court Praecipe - Answer️️ -Praecipe is a formal request to the court (usually directed to the court clerk) that something be done Attorney of record - Answer️️ -The attorney noted in the court files as the attorney representing a particular party. Once litigation has begun, attorneys of record may need court permission to withdraw from the case before it is concluded. Forum - Answer️️ -(1) a court. (2) the place where the parties are presently litigating their dispute (3) a court or other tribunal hearing a case. Estate - Answer️️ -All of the assets and liabilities of a decedent (one who has died) at the time of his or her death. When we say that an estate is sued (or brings a suit) we are referring to the decedent's representative who is authorized to resolve claims involving the decedent's assets and debts Subject-matter jurisdiction - Answer️️ -The court's power to resolve a particular type of legal dispute and to grant a particular type of relief. Diversity of citizenship - Answer️️ -The disputing parties are citizens of different states and the amount in controversy exceeds $75,000. This diversity gives subject-matter jurisdiction to a U.S> district court. U.S> district court - Answer️️ -The main trial court in the federal judicial system with subject-matter jurisdiction over civil and criminal cases Venue - Answer️️ -The proper county or geographical area in which a court with jurisdiction may hear a case. In most judicial systems there is more than one trial court. Complaint - Answer️️ -(1) a plaintiff's first pleading, stating a cause of action against the defendant. Aka petition (2) a formal criminal charge Plaintiff - Answer️️ -The person who initiates a civil (and sometimes a criminal) action in court Cause of action - Answer️️ -(1) a legally acceptable reason for suing. A rule that constitutes a legal theory for bringing a suit. (2) the facts that give a person a right to judicial relief. Negligence - Answer️️ -The failure to use reasonable care that an ordinary prudent person would have used in a similar situation , resulting in injury or other loss. Stating a cause of action - Answer️️ -Including facts in a pleading (e.g.,a complaint) that, if proved at trial, would entitle the party to the judicial relief sought (assuming the other party does not plead and prove a defense that would defeat the effort) Codefendant - Answer️️ -Two or more defendants who are sued in the same civil case or who are prosecuted in the same criminal case. Pleading - Answer️️ -A formal litigation document filed by a party that states or responds to the claims and defenses the parties have against each other. The major pleadings are the complaint and answer Allegation - Answer️️ -A claimed fact. A fact that a party will try to prove at trial Information and belief - Answer️️ -Good-faith belief as to the truth of an allegation, not based on firsthand knowledge. A standard legal term used to indicate that the allegation is not based on the firsthand knowledge of the person making the allegation, but that the person, nevertheless believes in good faith that the allegation is true. Prayer for relief: - Answer️️ -The request in a pleading for damages or o