Paralegal Career for Dummies Legal Terms Questions and Answers 2024

Paralegal Career for Dummies Legal Terms Questions and Answers 2024 acquittal -Answer-a finding of not guilty, an absolution of guilt, or a jury verdict of not guilty in a criminal action action -Answer-a lawsuit brought in court ad damnum clause -Answer-see prayer for relief additur -Answer-an amount of money conferred by the judge in addition to the damage award provided by the jury. The judge grants a new trial unless the losing party agrees to add a certain amount to the damage award. see also; remittitur ad hoc -Answer-for a specific purpose. An an hoc committee organizes to achieve a particular goal and then disbands adjourn -Answer-to end or postpone to a later time administrative agency -Answer-an agency of the executive branch of government whose duty is to carry out statutes and executive orders and that is responsible for the control, supervision, and regulation of specific activities. In many cases, paralegals may represent clients at administrative-agency hearings under the Authority of the Administrative Procedure Act, 5 U.S.C. section 555 (1967). administrative regulation -Answer-a regulation that binds agencies and the public in certain areas. It consists of administrative agency rules designed to explain and carry out the statutes and executive orders that govern the agency admissible evidence -Answer-evidence that has been declared admissible by the judge for usage in an action. The evidence is admitted for consideration by judge or jury as to its truth or falsity admission -Answer-an out-of-court statement made by a party to the litigation that is inconsistent with the position the party is adopting in the litigation. An admission by a party-opponent is not considered to be hearsay, which makes these statements admissible. For example, let's say Jacob sues Samantha for injuries he sustained when the car Samantha was driving hit him while he was crossing the street. At the time of the accident, Samantha admitted to Jacob that she sped up to beat the red stoplight and didn't see him in the crosswalk. At trial, Samantha alleges that she saw Jacob in the crosswalk but could not stop because her brakes failed. Samantha's prior admission to Jacob that she sped up and didn't see him would be admissible because a party- opponent, Samantha, made the admission admission and denial -Answer-after the defendant reads the facts that the plaintiff alleges to be true in the complaint, the defendant preapres and files an answer in which she may decide to admit the truth of some of the facts and deny the truth of others. When in doubt, the defendant often states that he or she "is without sufficient information to admit or deny the allegation and therefore denies same". The admission and denial is the most important portion of the defendant's answer to the plaintiff's complaint. adversarial hearing -Answer-a hearing where both parties are present to argue their respective positions. The hearing gives both sides in the controversy a chance to be heard. The adversarial system places the burden of proving or disproving legal arguments on the parties to the litigation rather than on the judge. adverse judgement -Answer-a judgement or decision against the party that you and your attorney represent affiant -Answer-a person who swears or affirms under penalty of perjury to the truthfulness of a written statement. The person who signs an affidavit affidavit of service -Answer-a written statement sworn to by the affiant, saying that a party has been served with papers and stating the time and place details of the service. This document is usually notarized and returned to the court after service has been effectuated. affirm -Answer-to uphold or establish affirmative defense -Answer-a new factural allegation by the defendant not contained in the plaintiff's allegations. An affirmative defense is usually contained in the defendant's answer to the plaintiff's complaint. Common examples of affirmative defenses are contributory negligence and assumption of the risk. The affirmative defenses for federal proceedings are found in rule 8(c) of the Federal Rules of Civil Procedure allegation -Answer-an assertion, representation, or averment. A statement of fact that the party intends to prove. alternate -Answer-an extra juror who sits with the regular jurors and who may take the place of a regular juror if one becomes biased or otherwise incapacitated answer -Answer-the pleading filed by the defendant responding to or answering the allegations of the plaintiff's complaint. May also contain the defendant's affirmative defenses, cross claims, and counter claim