NALS ALP flashcards

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

Subject-matter jurisdiction

A court's authority to hear a category of case, such as federal question or diversity. It cannot be waived or created by consent, and may be raised at any stage.

Diversity jurisdiction amount

Federal diversity jurisdiction under 28 U.S.C. § 1332 requires complete diversity of citizenship plus an amount in controversy exceeding $75,000, exclusive of interest and costs.

Complete diversity rule

No plaintiff may share state citizenship with any defendant. If even one plaintiff and one defendant are co-citizens, the federal diversity requirement fails and the case belongs in state court.

Rule 12(b) waiver

Defenses of lack of personal jurisdiction, improper venue, and insufficient process are waived if omitted from the first responsive pleading or pre-answer motion. Failure to state a claim is not waived.

Summary judgment standard

Judgment is proper when the record shows no genuine dispute about any material fact and the moving party is entitled to judgment as a matter of law, viewing facts in the nonmovant's favor.

Statute of limitations defense

An affirmative defense that must be pleaded in the answer or raised by motion; unlike subject-matter jurisdiction, it is generally waived if not timely asserted.

Respondeat superior

An employer is vicariously liable for torts an employee commits within the scope of employment. Independent contractors generally fall outside this rule absent special circumstances.

Proportional discovery scope

Under Rule 26(b)(1), parties may obtain any nonprivileged matter relevant to a claim or defense and proportional to the needs of the case, weighing importance, stakes, and burden.

IRAC method

A writing structure that states the Issue, the governing Rule, the Application of that rule to the facts, and the Conclusion. It keeps analysis ordered and traceable for the reader.

Full case citation

Includes party names, volume, reporter abbreviation, first page, pinpoint page if needed, and court and year in parentheses, for example Smith v. Jones, 123 F.3d 456 (9th Cir. 2019).

Pinpoint citation

A citation directing the reader to the specific page or passage supporting a proposition, such as 123 F.3d at 460, rather than only the first page of the opinion.

Short form citation

A later reference to an already fully cited authority, using a recognizable shortened party name and pinpoint, such as Smith, 123 F.3d at 461, so the reader can trace it.

Block quotation rule

Quotations of 50 or more words are set off as indented block quotations without quotation marks, introduced by a colon. Shorter quotations stay inline in double quotation marks.

Plain language drafting

Writing that prefers active voice, keeps subject and verb close, limits each sentence to one main proposition, and defines terms on first use to reduce ambiguity for the reader.

Integration clause

A contract provision stating that the written agreement is the complete expression of the parties' terms, barring reliance on prior or contemporaneous negotiations and statements.

Statute citation form

A reference to a codified provision by title, code, section, and year, such as 42 U.S.C. § 1983 (2018), allowing the reader to locate the exact enacted text.

Rule 1.1 competence

A lawyer must provide competent representation, meaning the legal knowledge, skill, thoroughness, and preparation reasonably necessary, including awareness of relevant technology under Comment 8.

Rule 1.6 confidentiality

A lawyer may not reveal information relating to the representation without informed consent, subject to limited exceptions such as preventing reasonably certain death or substantial bodily harm.

Concurrent conflict consent

Under Rule 1.7, a concurrent conflict may proceed only if the lawyer reasonably believes representation is possible, law permits it, and each client gives informed consent confirmed in writing.

Former client conflict

Under Rule 1.9, a lawyer may not represent a client materially adverse to a former client in the same or a substantially related matter without the former client's informed consent.

Trust account segregation

Rule 1.15 requires client funds to be kept in a separate trust account, apart from the lawyer's own money, with earned fees withdrawn only after they are earned and identified.

Reasonable fee rule

Rule 1.5 bars unreasonable fees and requires communicating the scope and basis of the fee, preferably in writing, before or within a reasonable time after engagement.

Rule 4.2 no-contact

A lawyer may not communicate about the subject of the representation with a person known to be represented by counsel, unless that counsel consents or law or court order authorizes it.

Rule 5.3 nonlawyer supervision

A lawyer must make reasonable efforts to ensure that nonlawyer assistants' conduct is compatible with the lawyer's professional obligations, and remains responsible for delegated work.

Metadata scrubbing

The process of removing hidden document data such as author names, tracked changes, and prior versions before filing or producing a document to opposing parties.

Litigation hold

A directive suspending routine deletion of potentially relevant records once litigation is reasonably anticipated. Failure to issue one can support sanctions for spoliation of evidence.

Conflicts database check

A search of all party names, adverse parties, and related entities at intake, with results documented in the matter file, to identify conflicts before accepting representation.

Contemporaneous timekeeping

Recording date, matter, task, duration, and description at or near the time work is performed, which is more reliable and defensible than reconstructing entries later.

Redundant deadline calendaring

Using at least two independent reminders for each limitation date, plus a backup calendar maintained by a second person, to reduce the risk of a missed filing.

Role-based access control

Assigning system permissions by job function so personnel reach only the files they need, rather than granting broad access or sharing logins across the office.

Encryption in transit and rest

Protecting data with encryption while it moves across networks and while it sits in storage, a baseline safeguard for confidential client information under Rule 1.6.

Document retention schedule

A written policy specifying how long each record category is kept and when it is destroyed, suspended by a litigation hold when litigation is reasonably anticipated.