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NC Paralegal Certification Exam / Questions with Certified Solutions.

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NC Paralegal Certification Exam / Questions with Certified Solutions.

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NC Paralegal Certification Exam / Questions with
Certified Solutions.


Terms in this set (612)

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

a certification of declaration
following a trial that the
individual accused of a crime
is innocent, or free from
acquittal 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.




A guilty (prohibited) act. The commission of a prohibited act
actus reus 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 One who presides over an administrative agency hearing and
(ALJ) who has the power to administer oaths, take testimony, rule
on questions of evidence, and make determinations
otherwise authorized by law.



A person appointed by a court to serve as a personal
administrator representative for a person who died intestate (without a
valid will) or if the executor named in the will cannot serve.

,adoption A procedure in which persons become the legal parents of a
child who is not their biological child.

adversarial system of A legal system in which the parties in a lawsuit are
justice 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).


A party's statement, claim, or assertion made in a pleading to
allegation the court. The allegation sets forth the issue that the party
expects to prove.

, ALTA (American Land Title A national trade association representing the interests of the
Association) abstract of title and title insurance industries.

alternative dispute The resolution of disputes in ways other than those involved in
resolution (ADR) 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 A voluntary national association of attorneys, the ABA plays an
(ABA) 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.



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.



A court decree that invalidates (nullifies) a marriage. Although the
annulment marriage itself is deemed nonexistent, children of a marriage that
is annulled are legitimate.

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