ETMD EP Paralegals key terms

Giving legal advice, selecting documents, or representing another person in court without a license to practice law. Paralegals may perform substantive work only under attorney supervision and cannot accept clients independently.

The required oversight of a paralegal's work by a licensed lawyer who remains responsible for the matter. The supervising attorney reviews strategy, approves documents, and bears professional accountability for delegated tasks.

Legal information states general law or procedure without tailoring it to a person's situation. Legal advice applies law to specific facts and recommends action, which only a licensed attorney may give.

A circumstance where a lawyer's or firm's duties to one client are or may be compromised by duties to another client, a former client, or a personal interest. It must be identified, disclosed, and resolved before work proceeds.

The professional duty to keep client information secret and not disclose it without authorization or a legal exception. It applies broadly to all client facts learned during representation, not only to communications.

A rule of evidence protecting confidential attorney-client communications from compelled disclosure. It belongs to the client, who may waive it, and it does not cover facts shared with third parties.

Failure to exercise the care a reasonably competent professional would use, causing harm. A malpractice claim requires a duty, a breach, causation, and actual damages, often including a lost claim.

A court's authority over the type of dispute presented, such as federal question or diversity cases in federal court. A judgment entered without it is void and may be challenged at any time.

A court's power over a particular defendant, usually based on residence, presence, consent, or minimum contacts with the forum. It must satisfy both statutory and constitutional due process limits.

The proper geographic location within a court system for filing a case, typically where the defendant resides or where the events occurred. Venue is distinct from jurisdiction and may be waived.

A defendant's procedure for transferring a case from state court to federal court when federal jurisdiction exists. It must generally be filed within thirty days of receiving the initial pleading.

The requirement that a plaintiff have a concrete injury fairly traceable to the defendant's conduct that a court can remedy. It is a threshold justiciability question separate from the merits.

A formal written statement of a party's claims or defenses filed with the court. Common pleadings include the complaint, answer, and reply, each governed by specific content and timing rules.

The legally sufficient delivery of a summons and complaint to a defendant to give notice and trigger the response deadline. Methods are set by rule and statute and proof of service must be filed.

A request that the court end a case before trial, often for failure to state a claim or lack of jurisdiction. It may be filed with or instead of an answer, depending on the procedural rules.

A pretrial ruling that resolves a claim without trial when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law. It relies on affidavits, depositions, and exhibits.

The pretrial exchange of information between parties through interrogatories, document requests, depositions, and requests for admission. Its scope is generally broad and limited by relevance and privilege.

A written question served on another party that must be answered in writing and under oath within a set deadline. Interrogatories are limited in number by rule and cannot be served on nonparties.

Sworn out-of-court testimony recorded by a court reporter, used to gather facts and preserve testimony for trial. Witnesses may be subpoenaed, and objections are preserved for later ruling.

A judgment entered for the plaintiff when the defendant fails to appear or respond within the required time. Courts may set it aside for good cause, excusable neglect, or a meritorious defense.

A statutory deadline for filing a claim, measured from when the cause of action accrued or was discovered. Missing it generally bars the claim and is a common basis for malpractice exposure.

A court appearance at which the accused is informed of the charges and enters a plea. Bail and conditions of release are often addressed at or shortly after this hearing.

A formal charging document returned by a grand jury accusing a person of a felony. It differs from an information, which is filed by the prosecutor without grand jury action.

A reasonable belief, based on facts and circumstances, that a crime has been committed or that evidence will be found in a place. It is required for arrests and most searches and seizures.

A pretrial request to exclude evidence obtained in violation of constitutional rights, such as an unlawful search or coerced statement. If granted, excluded evidence cannot be used at trial.

Conditions set to secure a defendant's release before trial while reasonably ensuring appearance and public safety. Courts may impose cash, bond, supervision, or detention in serious cases.

The two core elements of contract formation: a definite proposal inviting assent and an unqualified agreement to its terms. Together with consideration, they create an enforceable bargain.

Something of legal value bargained for and exchanged by the parties, such as a promise, payment, or forbearance. It distinguishes an enforceable contract from a gratuitous promise.

A rule requiring certain contracts, such as those for land or lasting over a year, to be in writing and signed to be enforceable. Its categories vary by jurisdiction but share the writing requirement.

A business entity that combines pass-through taxation with limited liability for its owners, called members. It is governed by an operating agreement and state filing requirements.

A court remedy that holds owners personally liable for entity debts when they abused the corporate form, such as commingling funds or committing fraud. It is an exception to limited liability.

The obligation to act as a reasonably prudent person would under similar circumstances to avoid foreseeable harm. Its breach is the central element of a negligence claim.

The legal link between a defendant's conduct and a plaintiff's injury when the harm is a foreseeable result of that conduct. It limits liability even where factual causation exists.

A doctrine that reduces a plaintiff's recovery in proportion to the plaintiff's own share of fault. Some jurisdictions bar recovery entirely if the plaintiff's fault exceeds a set threshold.

A written instrument that transfers an interest in real property when delivered and accepted. It must identify the parties, describe the land, and show intent to convey.

An examination of public records to confirm ownership and reveal liens, judgments, and encumbrances on property. Its results support title insurance and closing decisions.

A nonpossessory right to use another person's land for a specific purpose, such as a driveway or utility line. It may be created by grant, prescription, necessity, or implication.

The statutory distribution of a deceased person's estate when no valid will exists. State law sets priorities among spouses, descendants, and other relatives.

The court-supervised process of validating a will, appointing a personal representative, and distributing estate assets. It also handles creditor claims and accountings.

Assets acquired during a marriage that are subject to division at divorce under state rules. Separate property owned before marriage or received by gift or inheritance is generally excluded.

The allocation of legal decision-making authority and physical residence for a minor child after separation or divorce. Courts apply a best-interests-of-the-child standard.

A standardized reference identifying a legal authority, such as a case, statute, or regulation, so a reader can locate it. Format follows a uniform system of reporter and section abbreviations.

Using a citator service to verify that a case or statute remains good law and to find later treatment. It reveals overrulings, distinguishing opinions, and negative history before reliance.

A written statement of facts sworn or affirmed before a notary or other authorized officer. It is used to support motions and must be based on personal knowledge.

A certificate by a notary public confirming that a signer appeared, was identified, and acknowledged signing voluntarily. It authenticates signatures on deeds, affidavits, and other documents.

A document stating that copies of a filing were delivered to other parties, with the date and method of delivery. It is often required before the clerk will accept a filing.

Submitting court documents electronically through an approved system, which generates a timestamped record. Filers must follow format rules and retain confirmation receipts.

A written agreement defining the scope of representation, fees, costs, and client responsibilities. It manages expectations and documents informed consent at the outset.

An advance payment securing a lawyer's availability or applied against future fees, depending on its type. Trust funds must be held separately and accounted for under ethics rules.