NALA CP key terms

The initial pleading filed by a plaintiff that states the claims against the defendant, the facts supporting those claims, and the relief requested. It starts a civil lawsuit and must satisfy notice-pleading rules.

The defendant's formal written response to a complaint, admitting or denying allegations and raising defenses or counterclaims. It must usually be filed within a set deadline after service.

The pretrial phase in which parties exchange information and evidence through devices such as interrogatories, depositions, and document requests. Its scope is broad but limited by relevance and privilege.

Sworn out-of-court testimony of a witness or party recorded by a court reporter and used to gather evidence, impeach testimony, or preserve testimony for trial.

A pretrial request asking the court to decide the case without trial because no genuine dispute of material fact exists and the moving party is entitled to judgment as a matter of law.

A law setting the maximum time after an event within which a lawsuit must be filed. Missing the deadline generally bars the claim unless tolling applies.

A definite proposal by one party to another that creates a power of acceptance and shows an intent to be bound upon acceptance. It must have reasonably certain terms.

A clear, unequivocal assent to the terms of an offer, made in the manner the offer invites. It turns the offer into a binding contract.

Something of legally sufficient value bargained for and exchanged by the parties, such as a promise, act, or forbearance. It distinguishes enforceable contracts from gratuitous promises.

A legal rule requiring certain contracts, such as those for land sales or contracts that cannot be performed within one year, to be evidenced by a signed writing to be enforceable.

Before performance is due, a party's clear statement or act indicating it will not perform its contractual obligations. The nonbreaching party may treat this as a breach and sue immediately.

The formal document filed with a state to create a corporation. It typically states the corporation's name, purpose, registered agent, and authorized shares.

Internal rules adopted by a corporation that govern its operations, such as officer roles, meeting procedures, and voting. They supplement but cannot conflict with the articles of incorporation.

A legal obligation of directors, officers, or agents to act in the organization's best interest with loyalty and care. Breach can lead to personal liability or removal.

A court remedy that disregards a corporation's separate legal identity and holds shareholders personally liable, usually when the entity is used to commit fraud or is inadequately capitalized.

The minimum number of members or directors who must be present at a meeting for the body to conduct business validly. It is usually set in bylaws or statutes.

A reasonable belief, based on facts and circumstances, that a crime has been committed or that evidence will be found in a particular place. It supports arrests, searches, and indictments.

A court proceeding where a criminal defendant is informed of the charges and asked to enter a plea. The judge may also set bail or pretrial release conditions.

A formal criminal charge issued by a grand jury after finding probable cause that the accused committed an offense. It is typically used for serious felonies.

Statements police must give before custodial interrogation, advising the suspect of the right to remain silent, that statements may be used against them, and the right to counsel.

The mental state or intent element of a crime, such as purposely, knowingly, recklessly, or negligently. Prosecutors must prove it along with the prohibited act.

The physical act or conduct that constitutes a crime, including voluntary acts and sometimes omissions where a legal duty exists. It must combine with the required mental state.

A person who makes a will. The term often refers to the individual whose estate is being distributed according to the will's instructions after death.

The legal condition of dying without a valid will. State statutes then determine which heirs receive the deceased person's property and in what shares.

The court-supervised process of validating a will, appointing a personal representative, paying debts and taxes, and distributing the estate to beneficiaries or heirs.

A written amendment to an existing will that changes, adds, or revokes provisions. It must be executed with the same formalities as the original will.

A method of distributing an estate by family branch, so a deceased heir's share passes to that heir's descendants rather than to surviving heirs of the same degree.

A written instrument that transfers title to real property from a grantor to a grantee. It must be delivered and, in most states, recorded to protect the grantee.

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

A doctrine allowing a person who openly, exclusively, continuously, and hostilely occupies another's land for a statutory period to gain title, provided statutory requirements are met.

A legal claim against property securing payment of a debt or obligation. Common examples include mortgages, tax liens, and mechanics' liens; liens can affect title and sale.

A neutral third party holds funds or documents until conditions are met, commonly used in real estate closings. The escrow agent releases the items when the parties satisfy the agreement.

A standardized reference identifying a legal authority, such as a case, statute, or regulation, including volume, reporter, court, and year. Proper references allow readers to locate the source.

Using a citator service to check whether a case or statute remains valid, has been followed, distinguished, or overruled. It also identifies later citing authorities.

A common legal analysis format standing for Issue, Rule, Application, and Conclusion. It organizes reasoning by stating the question, legal standard, factual application, and result.

A situation where a paralegal's or lawyer's personal, financial, or professional interests could impair independent judgment or loyalty to a client, requiring disclosure or withdrawal.

The ethical duty not to disclose client information learned during representation without authorization or a legal exception. It protects client secrets and supports open communication.