NC Paralegal Certification | Legal Terminology Study Guide & Exam Prep
acceptance In contract law, the offeree's indication to the offeror that the offeree agrees to be
bound by the terms of the offeror's offer or proposal to form a contract.
acquittal A certification or declaration following a trial that the individual accused of a crime is
innocent, or free from guilt, in the eyes of the law and is thus absolved of the
charges.
actionable Capable of serving as the basis of a lawsuit. An _________ claim can be pursued in
a lawsuit or other court action.
actual malice Real and demonstrable evil intent. In a defamation suit, a statement made about a
public figure normally must be made with _______ ______ (with either knowledge
of its falsity or a reckless disregard of the truth) for liability to be incurred.
actus reus A guilty (prohibited) act. The commission of a prohibited act is one of the two
essential elements required for criminal liability; the other element is the intent to
commit a crime.
ad valorum Derived from the Latin ad valentiam, meaning "to the value." It is commonly applied
to a tax imposed on the value of property.
ademption clause The revocation, recalling, or cancellation of a legacy, according to the apparent
intention of the testator, implied by the law from acts done by the testator during the
testator's life.
adjudication The act of resolving a controversy and rendering an order or decision based on a
review of the evidence presented.
administrator A person appointed by a court to serve as a personal representative for a person
who died intestate (without a valid will) or if the executor named in the will cannot
serve.
adversarial system of justice A legal system in which the parties to the lawsuit are opponents, or adversaries, and
present their cases in the light most favorable to themselves. The impartial decision
maker (judge or jury) determines who wins and who loses based on the evidence
presented.
American Bar Association (ABA) A voluntary national association of attorneys, the ABA plays an active role in
developing educational and ethical standards for attorneys and in pursuing
improvements in the administration of justice.
American Digest System A system of identifying points of law from reported cases and organizing them by
topic and key number. The system was developed by West Publishing to organize
the entire body of American law.
American Jurisprudence An encyclopedia of United States law published by West.
American Law Reports A resource used by American lawyers to find a variety of sources relating to specific
legal rules, doctrines, or principles.
amicus curiae brief A brief filed with the court by a third party (i.e. a party not directly involved in the
lawsuit) who is concerned about the outcome of the litigation. The purpose of such
brief is to convince the court to rule in favor of one of the parties because not to do
so would affect a broad interest of society. Means "friend of the court."
Stuvia 2026-2027
, NC Paralegal Certification | Legal Terminology Study Guide & Exam Prep
annotation A brief comment, an explanation of a legal point, or a case summary found in a case
digest or other legal source.
annulment A court decree that invalidates (nullifies) a marriage. Although the marriage itself is
deemed nonexistent, children of a marriage that is annulled are deemed legitimate.
antenuptial agreement A written contract created by two people planning to be married. The agreement
typically lists all of the property each person owns, as well as their debts, and it
specifies what each person's property rights will be after than marry. Often specify
how property will be divided - and whether spousal support (alimony) will be paid -
in the event of a divorce.
appropriation In tort law, the use by one person of another person's name, likeness, or other
identifying characteristic without permission and for the benefit of the user.
arraignment A court proceeding in which the suspect is formally charged with the criminal
offense stated in the indictment. The suspect then enters a plea (guilty, not guilty, or
nolo contendere) in response.
arrest warrant A written order, based on probable cause and issued by a judge or public official
(magistrate), commanding that the person named on the warrant be arrested by the
police.
arson The willful and malicious burning of a building (and, personal property in NC);
statutes have been extended to cover the destruction of any building, regardless of
ownership, by fire or explosion.
articles of incorporation The document filed with the appropriate state official, usually the secretary of state,
when a business is incorporated. State statutes usually prescribe what kind of
information must be contained in the ______ of ____________.
assault Any word or action intended to make another person fearful of immediate physical
harm; a reasonably believable threat.
associate attorney An attorney working for a law firm who is not a partner and does not have an
ownership interest in the firm. Are usually less experienced attorneys and may be
invited to become partners after working for the firm for several years.
assumption of risk Voluntarily taking upon oneself a known risk; defense against negligence that can
be used when the plaintiff has knowledge of and appreciates a danger and
voluntarily exposes himself or herself to the danger.
attestation clause A provision at the end of an instrument where the witnesses certify that the
instrument has been executed before them, and the manner of the execution of the
same. It states that the instrument has been completed in the manner required by
law in the presence of the witnesses who placed their signatures in the designated
spaces.
attorney general Chief legal officer of the state.
bankruptcy court A federal court of limited jurisdiction that hears only bankruptcy proceedings.
Stuvia 2026-2027
, NC Paralegal Certification | Legal Terminology Study Guide & Exam Prep
bankruptcy law The body of federal law that governs bankruptcy proceedings; goals of are (1) to
protect a debtor by giving the debtor a fresh start, free from creditors' claims; and
(2) to ensure that creditors who are competing for a debtor's assets are treated
fairly.
battery The intentional and offensive touching of another without lawful justification.
beneficiary The person named to receive proceeds or benefits.
bequest To give or leave by will -- used especially for personal property.
beyond a reasonable doubt The standard used to determine the guilt or innocence of a person charged with a
crime. To be guilty of a crime, a suspect must be proved guilty "beyond and to the
exclusion of every reasonable doubt."
Bill of Rights First ten Amendments to the Constitution.
billable hours Hours or fractions of hours that attorneys and paralegals spend in work that
requires legal expertise and that can be billed directly to clients.
booking The process of entering a suspect's name, offense, and arrival time into the police
log (blotter) following arrest.
breach To violate a legal duty by an act or failure to act.
breach of contract The failure, without legal excuse, of a contractual party to perform the obligations
assumed in a contract.
brief A formal outline that sets forth the main contentions with supporting statements or
evidence.
briefing a case Summarizing a case. Will typically indicate the full citation for the case, the factual
background & procedural history, issues, decision, holding, and reasoning. May also
include conclusions or notes concerning the case made by the one briefing it.
browse-wrap terms Terms and conditions of use that are presented to an Internet user at the time the
user downloads certain products, such as software, but that the use need not agree
to before being able to install or use the products.
bureaucracy In relation to government, the organizational structure, consisting of bureaus and
agencies, through which the government implements and enforces the laws.
burglary Breaking and entering onto property of another with intent to commit a felony.
Stuvia 2026-2027
, NC Paralegal Certification | Legal Terminology Study Guide & Exam Prep
business invitee A person, such as a customer or client, who is invited onto business premises by
the owner of those premises for business purposes.
business tort Wrongful interference with another's' business rights.
bylaws A set of governing rules adopted by a corporation or other association.
calendar call The hearing at which a case is set for trial.
capacity Legal competency or fitness.
capital case Capital punishment, the death penalty, or execution is the killing of a person by
judicial process as a punishment for an offense.
caption The part of a legal document that shows where, when, and by what authority it was
taken, found, or executed.
case law Rules of law announced in court decisions.
case of first impression A case presenting a legal issue that has not yet been addressed by a court in a
particular jurisdiction.
case on "all fours" A case in which all four elements of a case (the parties, the circumstances, the legal
issues involved, and the remedies sought by the plaintiff) are very similar to those in
the case being researched.
case on point A case involving factual circumstances and issues that are similar to those in the
case being researched.
causation in fact Causation brought about by an act or omission without which an event would not
have occurred.
cease-and-desist order An administrative or judicial order prohibiting a person or business from conducting
activities that an agency or court has deemed illegal.
certificate of incorporation (corporate charter) The document issued by a state official (usually secretary of state) granting a
corporation legal existence and the right to function.
certification Formal recognition by a private group or a state agency that an individual has
satisfied the group's standards of proficiency, knowledge, and competence;
ordinarily accomplished through the taking of an examination.
Stuvia 2026-2027
acceptance In contract law, the offeree's indication to the offeror that the offeree agrees to be
bound by the terms of the offeror's offer or proposal to form a contract.
acquittal A certification or declaration following a trial that the individual accused of a crime is
innocent, or free from guilt, in the eyes of the law and is thus absolved of the
charges.
actionable Capable of serving as the basis of a lawsuit. An _________ claim can be pursued in
a lawsuit or other court action.
actual malice Real and demonstrable evil intent. In a defamation suit, a statement made about a
public figure normally must be made with _______ ______ (with either knowledge
of its falsity or a reckless disregard of the truth) for liability to be incurred.
actus reus A guilty (prohibited) act. The commission of a prohibited act is one of the two
essential elements required for criminal liability; the other element is the intent to
commit a crime.
ad valorum Derived from the Latin ad valentiam, meaning "to the value." It is commonly applied
to a tax imposed on the value of property.
ademption clause The revocation, recalling, or cancellation of a legacy, according to the apparent
intention of the testator, implied by the law from acts done by the testator during the
testator's life.
adjudication The act of resolving a controversy and rendering an order or decision based on a
review of the evidence presented.
administrator A person appointed by a court to serve as a personal representative for a person
who died intestate (without a valid will) or if the executor named in the will cannot
serve.
adversarial system of justice A legal system in which the parties to the lawsuit are opponents, or adversaries, and
present their cases in the light most favorable to themselves. The impartial decision
maker (judge or jury) determines who wins and who loses based on the evidence
presented.
American Bar Association (ABA) A voluntary national association of attorneys, the ABA plays an active role in
developing educational and ethical standards for attorneys and in pursuing
improvements in the administration of justice.
American Digest System A system of identifying points of law from reported cases and organizing them by
topic and key number. The system was developed by West Publishing to organize
the entire body of American law.
American Jurisprudence An encyclopedia of United States law published by West.
American Law Reports A resource used by American lawyers to find a variety of sources relating to specific
legal rules, doctrines, or principles.
amicus curiae brief A brief filed with the court by a third party (i.e. a party not directly involved in the
lawsuit) who is concerned about the outcome of the litigation. The purpose of such
brief is to convince the court to rule in favor of one of the parties because not to do
so would affect a broad interest of society. Means "friend of the court."
Stuvia 2026-2027
, NC Paralegal Certification | Legal Terminology Study Guide & Exam Prep
annotation A brief comment, an explanation of a legal point, or a case summary found in a case
digest or other legal source.
annulment A court decree that invalidates (nullifies) a marriage. Although the marriage itself is
deemed nonexistent, children of a marriage that is annulled are deemed legitimate.
antenuptial agreement A written contract created by two people planning to be married. The agreement
typically lists all of the property each person owns, as well as their debts, and it
specifies what each person's property rights will be after than marry. Often specify
how property will be divided - and whether spousal support (alimony) will be paid -
in the event of a divorce.
appropriation In tort law, the use by one person of another person's name, likeness, or other
identifying characteristic without permission and for the benefit of the user.
arraignment A court proceeding in which the suspect is formally charged with the criminal
offense stated in the indictment. The suspect then enters a plea (guilty, not guilty, or
nolo contendere) in response.
arrest warrant A written order, based on probable cause and issued by a judge or public official
(magistrate), commanding that the person named on the warrant be arrested by the
police.
arson The willful and malicious burning of a building (and, personal property in NC);
statutes have been extended to cover the destruction of any building, regardless of
ownership, by fire or explosion.
articles of incorporation The document filed with the appropriate state official, usually the secretary of state,
when a business is incorporated. State statutes usually prescribe what kind of
information must be contained in the ______ of ____________.
assault Any word or action intended to make another person fearful of immediate physical
harm; a reasonably believable threat.
associate attorney An attorney working for a law firm who is not a partner and does not have an
ownership interest in the firm. Are usually less experienced attorneys and may be
invited to become partners after working for the firm for several years.
assumption of risk Voluntarily taking upon oneself a known risk; defense against negligence that can
be used when the plaintiff has knowledge of and appreciates a danger and
voluntarily exposes himself or herself to the danger.
attestation clause A provision at the end of an instrument where the witnesses certify that the
instrument has been executed before them, and the manner of the execution of the
same. It states that the instrument has been completed in the manner required by
law in the presence of the witnesses who placed their signatures in the designated
spaces.
attorney general Chief legal officer of the state.
bankruptcy court A federal court of limited jurisdiction that hears only bankruptcy proceedings.
Stuvia 2026-2027
, NC Paralegal Certification | Legal Terminology Study Guide & Exam Prep
bankruptcy law The body of federal law that governs bankruptcy proceedings; goals of are (1) to
protect a debtor by giving the debtor a fresh start, free from creditors' claims; and
(2) to ensure that creditors who are competing for a debtor's assets are treated
fairly.
battery The intentional and offensive touching of another without lawful justification.
beneficiary The person named to receive proceeds or benefits.
bequest To give or leave by will -- used especially for personal property.
beyond a reasonable doubt The standard used to determine the guilt or innocence of a person charged with a
crime. To be guilty of a crime, a suspect must be proved guilty "beyond and to the
exclusion of every reasonable doubt."
Bill of Rights First ten Amendments to the Constitution.
billable hours Hours or fractions of hours that attorneys and paralegals spend in work that
requires legal expertise and that can be billed directly to clients.
booking The process of entering a suspect's name, offense, and arrival time into the police
log (blotter) following arrest.
breach To violate a legal duty by an act or failure to act.
breach of contract The failure, without legal excuse, of a contractual party to perform the obligations
assumed in a contract.
brief A formal outline that sets forth the main contentions with supporting statements or
evidence.
briefing a case Summarizing a case. Will typically indicate the full citation for the case, the factual
background & procedural history, issues, decision, holding, and reasoning. May also
include conclusions or notes concerning the case made by the one briefing it.
browse-wrap terms Terms and conditions of use that are presented to an Internet user at the time the
user downloads certain products, such as software, but that the use need not agree
to before being able to install or use the products.
bureaucracy In relation to government, the organizational structure, consisting of bureaus and
agencies, through which the government implements and enforces the laws.
burglary Breaking and entering onto property of another with intent to commit a felony.
Stuvia 2026-2027
, NC Paralegal Certification | Legal Terminology Study Guide & Exam Prep
business invitee A person, such as a customer or client, who is invited onto business premises by
the owner of those premises for business purposes.
business tort Wrongful interference with another's' business rights.
bylaws A set of governing rules adopted by a corporation or other association.
calendar call The hearing at which a case is set for trial.
capacity Legal competency or fitness.
capital case Capital punishment, the death penalty, or execution is the killing of a person by
judicial process as a punishment for an offense.
caption The part of a legal document that shows where, when, and by what authority it was
taken, found, or executed.
case law Rules of law announced in court decisions.
case of first impression A case presenting a legal issue that has not yet been addressed by a court in a
particular jurisdiction.
case on "all fours" A case in which all four elements of a case (the parties, the circumstances, the legal
issues involved, and the remedies sought by the plaintiff) are very similar to those in
the case being researched.
case on point A case involving factual circumstances and issues that are similar to those in the
case being researched.
causation in fact Causation brought about by an act or omission without which an event would not
have occurred.
cease-and-desist order An administrative or judicial order prohibiting a person or business from conducting
activities that an agency or court has deemed illegal.
certificate of incorporation (corporate charter) The document issued by a state official (usually secretary of state) granting a
corporation legal existence and the right to function.
certification Formal recognition by a private group or a state agency that an individual has
satisfied the group's standards of proficiency, knowledge, and competence;
ordinarily accomplished through the taking of an examination.
Stuvia 2026-2027
