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terminology

NALA exam for paralegal

TermDefinition
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
Created by: texan