NALA ACP flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Paralegal confidentiality duty

A paralegal must keep client information confidential, and this duty continues after employment ends. The duty is owed to the client, not the supervising attorney.

Unauthorized practice of law

UPL occurs when a non-lawyer gives legal advice, sets fees, or represents a client in court. Each state defines UPL by statute or court rule.

CP recertification CLE hours

Certified Paralegals must earn 50 hours of continuing legal education every five years, including at least 5 hours in ethics, to maintain the credential.

Conflict of interest check

Before accepting a matter, the firm must identify any conflict that could disqualify the firm. Imputed disqualification may extend to all attorneys in the firm.

FRCP 8(a)(2) pleading standard

A claim for relief must contain a short and plain statement showing the pleader is entitled to relief. Twombly and Iqbal require plausibility, not mere possibility.

Proportionality in discovery

FRCP 26(b)(1) limits discovery to nonprivileged matters relevant to a claim or defense and proportional to the needs of the case, considering importance, cost, and burden.

Summary judgment standard

Under FRCP 56(a), summary judgment is granted if there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

Arbitration award vacatur grounds

Under the FAA, courts may vacate an arbitration award for fraud, corruption, evident partiality, misconduct, or exceeding powers. Review is highly deferential.

Fourth Amendment warrant exception

A warrantless search is valid if an exception applies: consent, exigent circumstances, search incident to arrest, plain view, or automobile exception.

Miranda custody requirement

Miranda warnings are required before custodial interrogation. Custody means a reasonable person would not feel free to leave; interrogation means words or actions likely to elicit incriminating response.

Brady disclosure obligation

Under Brady v. Maryland, the prosecution must disclose exculpatory evidence to the defense. Failure to do so violates due process and may require a new trial.

Chain of custody

The chain of custody documents every person who handled physical evidence from collection to trial. A break in the chain may affect admissibility and weight.

UCC firm offer rule

Under UCC 2-205, a merchant's signed written offer to buy or sell goods is irrevocable for up to three months without consideration.

Statute of Frauds categories

Certain contracts must be in writing: sale of goods over $500, real estate, suretyship, marriage, and contracts not performable within one year.

Parol evidence rule

The parol evidence rule bars prior or contemporaneous oral statements that contradict a fully integrated written agreement. It does not bar evidence of fraud or ambiguity.

LLC liability shield

Members of an LLC have limited liability for the company's debts and obligations. The operating agreement governs management and member rights.

Recording acts priority

Recording statutes determine priority between competing purchasers: race (first to record), notice (without notice of prior), and race-notice (first to record without notice).

Implied warranty of habitability

Residential landlords must maintain rental property in a habitable condition. This warranty is implied by law and cannot be waived by the tenant.

Easement by necessity

An easement implied by law when a parcel is landlocked and the owner needs access. It arises from strict necessity and ends when the necessity ends.

Judicial vs. nonjudicial foreclosure

Judicial foreclosure requires a court order and is used in some states. Nonjudicial foreclosure follows a power-of-sale clause in the mortgage or deed of trust.

Community property division

In nine states, marital property acquired during marriage is community property and divided equally on divorce. Separate property remains with the original owner.

Best interests of the child

The legal standard for custody decisions. Courts consider stability, parental fitness, the child's preference if mature, and the child's adjustment to home and school.

Child support guidelines

States use formulas based on income shares or a percentage of the obligor's income. Deviations require written findings by the court.

Protective order timeline

An ex parte protective order may be issued without the respondent present. A full hearing must be held within a short period, often 10 to 14 days.

Will execution formalities

A valid will requires a testator who is at least 18, of sound mind, signs the will, and has two witnesses (most states). Holographic wills are valid in some states.

Intestate succession

When a person dies without a will, state law determines distribution to spouse, children, and other relatives. The spouse's share varies by state.

Federal estate tax exemption

For 2024, the federal estate tax exemption is $13.61 million per individual. Portability allows a surviving spouse to use the deceased spouse's unused exemption.

Fiduciary duties of trustee

A trustee must act with loyalty, impartiality, prudence, and provide accountings. Breach of duty can result in surcharge (personal liability).

Negligence elements

A negligence claim requires duty, breach, causation (actual and proximate), and damages. The plaintiff must prove all four elements by a preponderance of the evidence.

Strict product liability

A seller is liable for a defective product that causes injury without proof of negligence. Theories include manufacturing defect, design defect, and failure to warn.

Comparative fault

A plaintiff's recovery is reduced by their own percentage of fault. Pure comparative fault allows recovery even if plaintiff is 99% at fault; modified bars recovery above 50%.

IRAC legal writing method

IRAC stands for Issue, Rule, Application, and Conclusion. It is used to structure legal analysis in memos and exam answers.