NC Paralegal Certification Exam
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 for a contract
acquittal a certification of 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 actionable claim can be pursued in
a lawsuit or other court action
active listening The act of listening attentively to the speaker's message and responding by giving
appropriate feedback to show that you understand what the speaker is saying,
restating the speaker's message in your own words to confirm that you accurately
interpreted what was said.
actual malice Real and demonstrable evil intent. In a defamation suit, a statement made about a
public figure normally must be made with actual malice (with either knowledge of
falsity or a reckless disregard for 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 valorem Derived from the Latin ad valentiam, meaning "to the value", It is commonly applied
to a tax imposed on the value of property.
address block That part of a letter that indicates to whom the letter is addressed. The address
block is placed in the upper left-hand portion of the letter, above the salutation (or
reference line, if one is included).
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
review of the evidence presented.
administrative agency A federal or state government agency established to perform a specific function.
Administrative agencies are authorized by legislative acts to make and enforce rules
relating to the purpose for which they were established.
administrative process The procedure used by administrative agencies in the administration of law.
administrative law A body of law created by administrative agencies in the form of rules, regulations,
orders, and decisions in order to carry out their duties and responsibilities.
administrative law judge (ALJ) One who presides over an administrative agency hearing and who has the power to
administer oaths, take testimony, rule on questions of evidence, and make
determinations otherwise authorized by law.
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.
Stuvia 2026-2027
, NC Paralegal Certification Exam
adoption A procedure in which persons become the legal parents of a child who is not their
biological child.
adversarial system of justice A legal system in which the parties in a lawsuit are opponents, or adversaries, and
present their cases in the light most favorable to themselves. The impartial decision
maker (the judge or jury) determines who wins and who loses based on the
evidence presented.
adverse possession A process by which premises can change ownership. It is a common law concept
concerning the title to real property.
affidavit A written statement of facts confirmed by the oath or affirmation of the party making
it and made before a person having the authority to administer the oath or
affirmation.
affirm To uphold the judgment of a lower court.
affirmative defense A response to the plaintiff's claim that does not deny the plaintiff's facts but attacks
the plaintiff's legal right to bring an action.
agency A relationship between two persons in which one person (the agent) represents or
acts in the place of another (the principal).
agreement A meeting of the minds and a requirement for a valid contract. Agreement involves
two distinct events: an offer to form a contract and the acceptance of that offer by
the offeree.
alimony Money paid to support a former spouse after a marriage has been terminated. The
alimony may be permanent or temporary (rehabilitative).
allegation A party's statement, claim, or assertion made in a pleading to the court. The
allegation sets forth the issue that the party expects to prove.
ALTA (American Land Title Association) A national trade association representing the interests of the abstract of title and title
insurance industries.
alternative dispute resolution (ADR) The resolution of disputes in ways other than those involved in the traditional judicial
process. Negotiation, mediation, and arbitration are forms of ADR. Some courts
require them before a case can go to trial.
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 Company to
organize the entire body of American Law.
American Jurisprudence An encyclopedia of United States law published by West.
Stuvia 2026-2027
, NC Paralegal Certification Exam
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. one not directly involved in the
lawsuit) who is concerned about the outcome of the litigation. The purpose of the
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. (Friend of the court)
annotation A brief comment, an explanation of 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 legitimate.
answer A defendant's response to a plaintiff's complaint.
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 they tie the knot.
Antenuptial agreements often specify how property will be divided - and whether
spousal support (alimony and post-separation support) will be paid - in the event of
a divorce.
appeal The process of seeking a higher court's review of the lower court's decision for the
purpose of correcting or changing the lower court's judgment or decision.
appellant The party who takes an appeal from one court to another; sometimes referred to as
the petitioner.
appellant's brief An appellate brief that argues in favor of the appellant's position. This brief will try to
convince the court that the lower court's decision was erroneous on a point of LAW.
(The facts aren't at issue anymore.)
appellate court A court that reviews decisions made by lower courts, such as trial courts; a court of
appeals.
appellate jurisdiction The power of the court to hear and decide an appeal; i.e. the power and authority of
a court to review cases that have already been tried in a lower court and the power
to make decisions about them without holding a trial. This process is called
appellate review.
appellee The party against whom an appeal is taken; i.e. the party who opposes setting
aside or reversing the judgment; the respondent.
appellee's brief An appellate brief that argues in favor of the appellee's position. This brief will try to
rebut (counter) any arguments in the appellant's brief and will emphasize the
accuracy of the earlier judgment rendered in its favor.
appropriation In tort law, the use by one person of another person's name, likeness, or other
identifying characteristic without permission and or the benefit of the user.
Stuvia 2026-2027
, NC Paralegal Certification Exam
arbitration A method of settling disputes in which a dispute is submitted to a disinterested third
party (other than a court), who renders a decision that may or may not be legally
binding.
arbitration clause A clause in a contract that provides that, in the case of a dispute, the parties will
determine their rights by arbitration rather than through the judicial system.
arraignment A court proceeding in which the suspect is formally charged with the criminal
offense stated in the indictment. The suspect then enter a plea (guilty, not guilty, or
nolo contendere) in response.
arrest To take into custody a person suspected of criminal activity.
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, in some cases in NC: personal
property); the destruction of any building regardless of ownership, by explosion or
fire.
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 these articles.
articles of organization A document necessary for setting up an LLC in many US states. It is similar to
articles of incorporation used for setting up corporations.
assault Any word or action intended to make another person fearful or apprehensive 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. less experienced, may be invited to be partners after
years
assumption of risk Voluntarily taking upon oneself a known risk. Assumption of risk is a defense
against negligence that can be used when the plaintiff has knowledge of and
appreciates a danger and voluntarily exposes himself 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 The chief legal officer of the state who, either personally or through staff, represents
the interests of the state in a variety of areas.
attorney-client privilege A rule of evidence requiring that confidential communications between a client and
the client's attorney (relating to their professional relationship) be kept confidential,
unless the client consents to disclosure.
authentication The process of establishing the genuineness of an item that is to be introduced as
evidence in a trial.
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 for a contract
acquittal a certification of 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 actionable claim can be pursued in
a lawsuit or other court action
active listening The act of listening attentively to the speaker's message and responding by giving
appropriate feedback to show that you understand what the speaker is saying,
restating the speaker's message in your own words to confirm that you accurately
interpreted what was said.
actual malice Real and demonstrable evil intent. In a defamation suit, a statement made about a
public figure normally must be made with actual malice (with either knowledge of
falsity or a reckless disregard for 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 valorem Derived from the Latin ad valentiam, meaning "to the value", It is commonly applied
to a tax imposed on the value of property.
address block That part of a letter that indicates to whom the letter is addressed. The address
block is placed in the upper left-hand portion of the letter, above the salutation (or
reference line, if one is included).
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
review of the evidence presented.
administrative agency A federal or state government agency established to perform a specific function.
Administrative agencies are authorized by legislative acts to make and enforce rules
relating to the purpose for which they were established.
administrative process The procedure used by administrative agencies in the administration of law.
administrative law A body of law created by administrative agencies in the form of rules, regulations,
orders, and decisions in order to carry out their duties and responsibilities.
administrative law judge (ALJ) One who presides over an administrative agency hearing and who has the power to
administer oaths, take testimony, rule on questions of evidence, and make
determinations otherwise authorized by law.
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.
Stuvia 2026-2027
, NC Paralegal Certification Exam
adoption A procedure in which persons become the legal parents of a child who is not their
biological child.
adversarial system of justice A legal system in which the parties in a lawsuit are opponents, or adversaries, and
present their cases in the light most favorable to themselves. The impartial decision
maker (the judge or jury) determines who wins and who loses based on the
evidence presented.
adverse possession A process by which premises can change ownership. It is a common law concept
concerning the title to real property.
affidavit A written statement of facts confirmed by the oath or affirmation of the party making
it and made before a person having the authority to administer the oath or
affirmation.
affirm To uphold the judgment of a lower court.
affirmative defense A response to the plaintiff's claim that does not deny the plaintiff's facts but attacks
the plaintiff's legal right to bring an action.
agency A relationship between two persons in which one person (the agent) represents or
acts in the place of another (the principal).
agreement A meeting of the minds and a requirement for a valid contract. Agreement involves
two distinct events: an offer to form a contract and the acceptance of that offer by
the offeree.
alimony Money paid to support a former spouse after a marriage has been terminated. The
alimony may be permanent or temporary (rehabilitative).
allegation A party's statement, claim, or assertion made in a pleading to the court. The
allegation sets forth the issue that the party expects to prove.
ALTA (American Land Title Association) A national trade association representing the interests of the abstract of title and title
insurance industries.
alternative dispute resolution (ADR) The resolution of disputes in ways other than those involved in the traditional judicial
process. Negotiation, mediation, and arbitration are forms of ADR. Some courts
require them before a case can go to trial.
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 Company to
organize the entire body of American Law.
American Jurisprudence An encyclopedia of United States law published by West.
Stuvia 2026-2027
, NC Paralegal Certification Exam
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. one not directly involved in the
lawsuit) who is concerned about the outcome of the litigation. The purpose of the
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. (Friend of the court)
annotation A brief comment, an explanation of 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 legitimate.
answer A defendant's response to a plaintiff's complaint.
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 they tie the knot.
Antenuptial agreements often specify how property will be divided - and whether
spousal support (alimony and post-separation support) will be paid - in the event of
a divorce.
appeal The process of seeking a higher court's review of the lower court's decision for the
purpose of correcting or changing the lower court's judgment or decision.
appellant The party who takes an appeal from one court to another; sometimes referred to as
the petitioner.
appellant's brief An appellate brief that argues in favor of the appellant's position. This brief will try to
convince the court that the lower court's decision was erroneous on a point of LAW.
(The facts aren't at issue anymore.)
appellate court A court that reviews decisions made by lower courts, such as trial courts; a court of
appeals.
appellate jurisdiction The power of the court to hear and decide an appeal; i.e. the power and authority of
a court to review cases that have already been tried in a lower court and the power
to make decisions about them without holding a trial. This process is called
appellate review.
appellee The party against whom an appeal is taken; i.e. the party who opposes setting
aside or reversing the judgment; the respondent.
appellee's brief An appellate brief that argues in favor of the appellee's position. This brief will try to
rebut (counter) any arguments in the appellant's brief and will emphasize the
accuracy of the earlier judgment rendered in its favor.
appropriation In tort law, the use by one person of another person's name, likeness, or other
identifying characteristic without permission and or the benefit of the user.
Stuvia 2026-2027
, NC Paralegal Certification Exam
arbitration A method of settling disputes in which a dispute is submitted to a disinterested third
party (other than a court), who renders a decision that may or may not be legally
binding.
arbitration clause A clause in a contract that provides that, in the case of a dispute, the parties will
determine their rights by arbitration rather than through the judicial system.
arraignment A court proceeding in which the suspect is formally charged with the criminal
offense stated in the indictment. The suspect then enter a plea (guilty, not guilty, or
nolo contendere) in response.
arrest To take into custody a person suspected of criminal activity.
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, in some cases in NC: personal
property); the destruction of any building regardless of ownership, by explosion or
fire.
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 these articles.
articles of organization A document necessary for setting up an LLC in many US states. It is similar to
articles of incorporation used for setting up corporations.
assault Any word or action intended to make another person fearful or apprehensive 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. less experienced, may be invited to be partners after
years
assumption of risk Voluntarily taking upon oneself a known risk. Assumption of risk is a defense
against negligence that can be used when the plaintiff has knowledge of and
appreciates a danger and voluntarily exposes himself 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 The chief legal officer of the state who, either personally or through staff, represents
the interests of the state in a variety of areas.
attorney-client privilege A rule of evidence requiring that confidential communications between a client and
the client's attorney (relating to their professional relationship) be kept confidential,
unless the client consents to disclosure.
authentication The process of establishing the genuineness of an item that is to be introduced as
evidence in a trial.
Stuvia 2026-2027
