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terminology
NALA exam for paralegal
| Term | Definition |
|---|---|
| 1 abatement | reduction, termination |
| 2 abrogation | annulment of a former law by act of a legislative body, by constitutional authority, or by usage |
| 3 acceptance | in contract law, consent to abide by the terms of an offer; taking or receiving a thing in good faith with the intention of retaining it |
| 4 accession | that which increases the size or value of property |
| 5 accommodation | arrangement made as a favor to another rather than for consideration received |
| 6 acknowledgement | an admission, affi rmation, or declaration |
| 7 acquittal | release or discharge of an obligation or liability; in criminal law, a finding of not guilty |
| 8 ademption | satisfaction of a legacy by gift prior to testator’s death |
| 9 adhesion contract | standardized contract form in which a party with little or no bargaining power is forced to accept its terms |
| 10 adjudication | judgment or decision of a court |
| 11 administrative law | body of rules and regulations having the force of law and promulgated by an administrative body created by Congress or a state legislature |
| 12 adverse possession | acquiring title to real estate by hostile possession rather than by purchase |
| 13 affi ant | one who makes or swears to the truth of an affi davit |
| 14 affi davit | sworn statement in writing taken before a notary public or other authorized offi cer |
| 15 affi rmative defense | allegation of a responsive pleading which, if it can be proved, negates the allegations of the complaint |
| 16 agent | person authorized by another to act for him, one entrusted with another’s business |
| 17 agreement | meeting of the minds, preliminary to contract formation |
| 18 allegation | assertion made but not proved |
| 19 amortization | gradual extinction of a monetary obligation by periodic payments that usually includes interest |
| 20 amnesty | sovereign forgetfulness of past acts, usually available for a limited time |
| 21 ancillary | auxiliary, supplemental, subordinate |
| 23 annotation | remark, note, or commentary intended to illustrate or explain |
| 24 annul | cancel, make void, destroy |
| 25 answer | written pleading by which a defendant responds to the plaintiff’s complaint |
| 26 antitrust laws | federal and state laws to prevent restraint of trade, price-fi xing, price discrimination, monopolies, or other conduct detrimental to free commerce |
| 27 appeal | review by a higher court |
| 28 appellant | party who fi les an appeal |
| 29 appellee | party who defends an appeal |
| 30 appraisal | valuation or estimate of property value,made by qualifi ed expert |
| 31 arbitration | investigation and determination of dispute by neutral decision-maker; decision is binding on parties |
| 31 arraignment | in criminal law, hearing at which accused pleads guilty or not guilty |
| 32 assault | in tort, threat of imminent bodily harm accompanied by apparent ability to carry out the threat; in criminal law, often defined as the tort equivalent of battery |
| 33 asset | real or personal property owned by an individual, estate, business corporation, or other entity |
| 34 assignment | transfer of any right, title, or interest to another |
| 35 attestation | act of witnessing the signing (execution) of a document |
| 36 assumption of risk | doctrine under which a person cannot obtain recovery for injuries received from a dangerous activity to which she voluntarily exposed herself |
| 37 attachment | pre-judgment seizure of property based upon court order |
| 38 attest | certify or affi rm to be true or genuine |
| 39 attorney-in-fact | one appointed by another to act in specifi c matters described in a power of attorney or in a letter of attorney |
| 40 aver | assert, allege, claim |
| 41 bailment | delivery of personal property to another to be held for a particular person and then returned |
| 42 benefi ciary | one who benefi ts from the act of another |
| 43 bequest | gift of personal property by will |
| 44 breach | failure (without legal justification) to perform when performance is due |
| 45 brief | written argument of counsel concerning one or more legal issues in a case, sometimes called a memorandum of law |
| 46 capacity | having legal authority or mental ability; being of sound mind |
| 47 caption | that part of a pleading which states the name of the court, the name of the parties, the case number assigned, and the name of the pleading |
| 48 cause of action | fact(s) giving rise to a legal remedy |
| 49 chattel | personal property |
| 50 choate | perfected; complete |
| 51 chose in action | a personal right not yet reduced to judgment |
| 52 civil code | collection of laws or statutes relating to private rights or remedies |
| 53 civil law | laws which relate to private rights and remedies, distinguished from criminal law |
| 54 CLA | abbreviation for Certifi ed Legal Assistant, a professional designation earned through and awarded by the National Association of Legal Assistants to those legal assistants who successfully complete an extensive written examination of their general skil |
| 55 Code Civil | law of the State of Louisiana consisting of a collection of statutes and based upon the Napoleonic Code, distinguished from common law |
| 56 code | collection of laws or statutes |
| 57 codicil | an addition or change to an original will |
| 58 common law | law based upon custom, usage, and judicial decision, distinguished from statutory law |
| 59 community property | property owned in common by husband and wife, each owning an undivided one-half interest as a result of their marital status |
| 60 commutation | substitution of a lesser punishment for a greater one |
| 61 condemnation | the process of taking private property for public use under a government’s right of eminent domain |
| 62 consideration | the lawful price, motive, cause, impelling influence, or inducement for a contract |
| 63 contract | agreement between competent parties, supported by consideration, to do or to refrain from doing some lawful act |
| 64 conversion | wrongful taking of personal property with intent to deprive its owner of it permanently |
| 65 copyright | a right to reap the financial benefits of literary property as this term is defined under federal copyright laws |
| 66 covenant | agreement or promise, often restricting the use of real estate |
| 67 CP | abbreviation for Certified Paralegal, a professional designation earned through and awarded by the National Association of Legal Assistants to those legal assistants who successfully complete an extensive written examination of their general skills and th |
| 68 creditor | one to whom a debt or obligation is owed |
| 69 criminal law | laws which control standards of conduct and which prescribe the punishments for disobedience |
| 70 debenture | bond given as evidence of corporate debt |
| 71 decree | the final order of an equity court |
| 72 defamation | that which holds one up to contempt or ridicule; that which injures one’s reputation |
| 73 deponent | one who gives a deposition |
| 74 deposition | sworn testimony given by question and answer in a non-courtroom setting, which is recorded and transcribed by a court reporter |
| 75 devise | gift of real property by will discharge to release, liberate, annul, disencumber, dismiss |
| 76 duress | unlawful constraint exercised upon a person, forcing her to do an act which she would not have done otherwise |
| 77 enjoin | to prevent or forbid by injunction |
| 78 equity | justice administered by principles of fairness, distinguished from strict rules of law |
| 79 escheat | reversion of property to the state when there are no heirs to inherit the property at a person’s death |
| 8o estop | to stop, bar, prevent |
| 81 estoppe | l doctrine under which a person’s acts or failure to act prevents her from seeking legal relief, although she would have been entitled to relief otherwise |
| 82 eviction | to recover real estate (from a tenant) by legal process; to force out or remove from real property |
| 83 evidentiary | constituting evidence or proof, having the quality of evidence |
| 84 exemptions | immunity from a general burden, tax, or charge; in bankruptcy or in judgment executions, that portion of the debtor’s property that cannot be liquidated and applied to her debts |
| 85 felony | a crime for which the maximum possible punishment is death or imprisonment for one year or more in a penitentiary |
| 86 fraud | any artifi ce used by one person to deceive another |
| 87 general denial | a pleading in the form of an answer, which denies allegations made by the opposing party but which contains no affirmative defenses |
| 88 grantee | one to whom real estate is conveyed; the buyer of real estate |
| 89 grantor | one who conveys real estate; the seller of real estate |
| 90 guarantor | one who agrees to undertake the (financial) obligation of another |
| 91 guaranty | agreement to undertake the (financial) obligation of another |
| 92 guardian | one charged with responsibility to manage the personal matters of another who is incompetent because of age, understanding, or lack of self-control |
| 93 guardian ad litem | person appointed by a court to look after the interests of a child or incompetent during the pendency of a litigation |
| 94 inchoate | unfinished, incomplete |
| 95 indemnify | to secure against loss or damage |
| 96 indictment | written accusation issued by a grand jury against a defendant in criminal law |
| 97 indorsement | act of a payee, drawee, accommodation indorser, or holder of a bill, note, check, or other negotiable instrument, in writing his or her name upon the back of the instrument to assign or transfer the negotiable instrument to another |
| 98 infant | one who has not reached the age of majority; a minor |
| 99 information | written accusation issued by a prosecutor against a defendant in criminal law |
| 100 injunction | an order issued by a court of equity, requiring a person to do or not to do a specific act |
| 101 insolvent | condition of a person or entity that exists when total liabilities exceed total assets |
| 102 interlocutory | provisional, interim, not final |
| 103 interrogatories | series of formal, written questions addressed to a party for discovery purposes |
| 104 intestate | without a will, one who dies without a will |
| 105 judgment | final order of a court of law, based upon a jury verdict or upon findings of fact by the court |
| 106 jurat | clause of a notary public or authorized officer attesting that a statement or document was sworn to by a specific person on a specific date |
| 107 jurisdiction | power conferred on a court to hear a particular case and to render a final decision on the merits |
| 108 jurisprudence | science of law; system of law |
| 109 laches | a doctrine by which equitable relief is denied to one who has waited too long to seek relief |
| 110 legal assistant | a distinguishable group of persons who assist attorneys in delivering legal services (within this occupational category, some individuals are known as paralegals); through formal education, training, and experience, legal assistants have knowledge and |
| 111 lessee | one who possesses or uses the property of another; tenant |
| 112 lessor | a title holder of property who contracts for its possession or use by another; landlord |
| 113 liable | legally responsible |
| 114 libel | written defamation |
| 115 lien | a charge, security, or encumbrance on property |
| 116 liquidated | property or claim that has been converted to its cash equivalent |
| 117 litigation | contest in a court of law for the purpose of enforcing a right or seeking a remedy |
| 118 magistrate | court officer with limited judicial authority; a public officer |
| 119 malfeasance | evil doing; performance of an act with bad intent |
| 120 malpractice | professional negligence or misconduct |
| 121 mediation | arrangement to attempt settlement of a dispute by using a neutral party as the referee; unlike an arbitrator, a mediator does not issue a binding decision |
| 122 memorandum of law | brief of law submitted to a court by the attorney for a party |
| 123 memorandum opinion | very short opinion of a court |
| 124 merger | absorption of one thing or right into another |
| 125 metes and bounds | a method of describing real estate, using boundary lines with terminal points and angles |
| 126 minor | person who is not an adult; child |
| 127 misdemeanor | a criminal offense for which the maximum possible punishment is a fine or incarceration for a period less than one year |
| 128 misfeasance | improper performance of an otherwise lawful act |
| 129 mitigation | duty of parties to minimize damages after an injury is sustained or a breach occurs |
| 130 mortgage | conditional conveyance of an interest in real estate, usually as security for a debt |
| 131 mortgagee | one who receives a mortgage, usually a lender |
| 132 mortgagor | an owner of real estate who gives a mortgage |
| 133 motion | application (not a pleading) or request made to a court to obtain an interim ruling or order |
| 134 motion in limine | application requesting a court to rule in advance that specific, unfairly prejudicial information will not be mentioned during trial |
| 135 negligence | failure to use the care which a reasonable and prudent person would use in similar circumstances |
| 136 notary public | public officer who administers oaths,attests and certifi es documents, and takes acknowledgments |
| 137 novation | substitution of a new contract, debt, or obligation for an existing one between the same or different parties |
| 138 nuncupative | oral; not written |
| 139 oath | solemn pledge attesting to the truth of a statement |
| 140 offer | a promise; a commitment to do or to refrain from doing some specific act |
| 141 offeree | one to whom an offer is made |
| 142 | offeror one who makes an offer |
| 143 option | a right supported by consideration to purchase property at an agreed price within a specified time |
| 144 order | mandate, command, or direction authoritatively given; mandate of a court |
| 145 ordinance | legislative enactment (law enacted) by a local government such as a county or a city |
| 146 parol evidence | oral proof of contract terms which are not contained within the written contract document |
| 147 parole | release from imprisonment upon specific conditions related to conduct or good behavior |
| 148 patent | inventor’s right to exclude others from making, using, or selling the invention for seventeen years |
| 149 paternity | relationship of a father to a child |
| 150 payee | one to whom payment is made |
| 151 payor | one who makes payment |
| 152 pecuniary | monetary; relating to money |
| 153 perjury | false testimony given under oath |
| 154 pleading | in federal court, complaint, answer to complaint, and reply to cross-claim (no other pleadings are allowed) |
| 155 power of attorney | an instrument authorizing one to act as agent or attorney-in-fact for another as to those matters listed in the instrument |
| 156 precedent | holding of a case which guides the decisions in future cases involving similar facts and similar legal issues |
| 157 privileged communications | statements made by persons within specific, protected relationships for evidentiary purposes (husband-wife, attorney-client, priest-parishioner, and so forth) |
| 158 probable cause | justification to believe that a crime was committed and that the accused is the person who committed it |
| 159 probation | a sentence which releases a convicted person into the community under the supervision of a probation officer |
| 160 promissory estoppel | a doctrine which prevents a party to a contract from denying that consideration was given for the contract |
| 161 promissory note | a written promise to pay a specific sum of money at a future time |
| 162 proximate cause | the last (negligent) act which leads to injury; legal cause |
| 163 proxy | an instrument authorizing one to cast the votes of another at a corporate meeting |
| 164 punitive damages | damages awarded over and above the amount of losses, which are awarded as punishment of the wrongdoer |
| 165 quash | suppress, stop, cease, abate |
| 166 quiet title action | action to determine clear title to real estate |
| 167 quitclaim deed | deed without warranty, which passes only that title which the grantor has |
| 168 recidivist | repeat offender |
| 169 release | discharge of one party’s obligation to another |
| 170 replevin | action to recover possession of personal property |
| 171 rescission | an equitable remedy which invalidates a contract on the basis of mutual mistake, fraud, impossibility, and so forth |
| 172 restitution | restoration of a thing to its rightful owner; a measure of damages according to the defendant’s gains rather than the plaintiff’s losses |
| 173 service of process | delivery of a writ, summons, subpoena to the person named therein |
| 174 settlor | one who creates a trust, trustor |
| 175 slander | spoken defamation |
| 176 specific performance | equitable remedy in contract law which requires the breaching party to perform according to the specific terms of the contract |
| 177 statute | legislative enactment (law enacted) by Congress or a state legislature |
| 178 statute of limitations | statute which limits the time within which a cause of action may be filed |
| 179 stipulation | agreement between parties to a lawsuit concerning matters related to the trial |
| 180 subpoena | a writ commanding the named person to appear at a specific time and place |
| 181 subpoena | duces tecum a writ commanding the named person to appear at a specific time and place and to bring specific records or documents with her |
| 182 summons | document served upon a defendant to notify her that suit has been fi led against her and directing her to answer or to otherwise appear in the case by a specific date |
| 183 survey | process by which a tract of land is measured and its contents determined, with a map to scale created for it |
| 184 temporary restraining order | an emergency injunctive remedy (order) of short duration to require or to forbid an act until a hearing can be held |
| 185 testator, testatrix | man who creates and executes a will; woman who creates and executes a will |
| 186 testimonium clause | the clause of an instrument which begins “In witness whereof, |
| 187 tickler system | reminder system used in law offices to supplement diaries and calendars in the overall docket control system |
| 188 tort | a civil wrong such as negligence or trespass, as distinguished from a criminal offense (the same conduct may result in both tort liability and criminal liability) |
| 189 trust account | account where client funds are kept separate from attorney funds |
| 190 unconscionable | grossly unfair, unscrupulous, terms or conduct which shocks the conscience |
| 191 usury | the excess over the lawful interest rate |
| 192 vendee | the purchaser or buyer of property |
| 193 vendor | the seller of property |
| 194 venue | the location where an action is tried |
| 195 verdict | finding(s) of fact by a jury in a civil or criminal trial |
| 196 verification | confirmation of accuracy; sworn oath by an authorized person that certain statements are true to the best of his or her knowledge and belief |
| 197 void | having no legal force or effect |
| 198 voidable | that which is capable of being declared void but which is valid until such declaration is made |
| 199 warranty | a promise to defend the truth of a fact |
| 200 warranty deed | a deed conveying land which guarantees that the title is free of defects to marketability |
| 201 with prejudice | a declaration (usually in connection with an order of dismissal) which ends the right to further relief; it prevents either party from fi ling future complaints based on the same claim or cause of action |
| 202 without prejudice | a declaration (usually in connection with an order of dismissal) which preserves any rights or privileges that a party may have to file a future complaint based upon the same claim or cause of action |
| 203 witness | one who has personal knowledge about facts related to a case; one who can testify about what she has seen, heard, or otherwise observed |
| 204 writ of execution | order of a court after judgment commanding a court officer to seize property in satisfaction of the judgment |
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