NALS PLS/CLP flashcards

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

Active voice

Sentence construction in which the actor performs the action. In legal correspondence it clarifies who must do what by a deadline.

Letter versus memorandum

A letter goes outside the office and uses salutation and signature block. A memo stays internal and uses TO, FROM, DATE, and RE headings.

Case citation components

Party names, volume number, reporter abbreviation, first page, court identifier where required, and year in parentheses. Each element is required for a usable citation.

Statute citation form

Code name or title, section symbol, section number, and year. Omitting the code name makes the citation ambiguous across jurisdictions.

Proofreading priority order

Check substance first (parties, dates, amounts, deadlines), then grammar and spelling, then typographical detail. Substantive errors cause the greatest harm.

Privilege legend

A marking such as Privileged and Confidential or Attorney Work Product placed on drafts and internal communications to signal protected status and discourage unintended disclosure.

Ambiguity test

If a sentence can reasonably be read in two different ways, it must be rewritten. Define any term used more than once.

Chronological file naming

A naming convention beginning with a YYYY-MM-DD date, followed by client name, document type, and version number so files sort and versions stay traceable.

Metadata scrubbing

Removing hidden data such as author, revision history, and comments from electronic files before sending them outside the office or producing them to another party.

Deadline trigger date

The event that starts a deadline clock, such as service of a complaint. Deadlines run from the trigger, not from when work is assigned.

Calendar redundancy

Entering each deadline in both the shared calendaring system and the responsible person's individual calendar, with an advance reminder, to prevent a single point of failure.

Litigation hold

A directive to preserve documents and data relevant to pending or reasonably anticipated litigation. It suspends routine destruction until the hold is lifted.

Trust versus operating account

Client funds are held in trust; firm funds belong in the operating account. Earned fees move to operating only after an invoice is issued.

Access control by matter

Granting file permissions according to a person's role on a specific matter, and revoking them when the matter closes or the person leaves.

Backup verification

Maintaining local and off-site or cloud copies of active files and periodically testing restoration, rather than assuming backups are intact.

Answer deadline

The period after service of the complaint within which the defendant must respond, set by rule and commonly 20 to 30 days. Failure can produce a default judgment.

Service of process

Delivery of the summons and complaint to the defendant in a manner the rules permit. Service starts the response clock; filing alone does not.

Subject-matter jurisdiction

A court's authority over the type of case, such as federal question or diversity jurisdiction with the required amount in controversy. It cannot be waived.

Personal jurisdiction

A court's authority over the defendant, typically based on residence, presence, or minimum contacts with the forum connected to the claim.

Summary judgment standard

Judgment without trial when no genuine dispute of material fact exists and the moving party is entitled to judgment as a matter of law.

Preponderance of the evidence

The burden of proof in most civil cases: the claim is more likely true than not, meaning evidence slightly outweighs the opposing evidence.

Statute of limitations

A deadline running from accrual or discovery of a claim, after which the claim is generally barred unless tolling applies.

Statute of repose

A fixed deadline running from the defendant's act, such as completion of construction, regardless of when the injury or claim is discovered.

Notice of appeal

The filing that invokes appellate jurisdiction. It is generally jurisdictional and must be filed within the period set by rule after entry of judgment.

Confidentiality duty

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

Conflict check

Screening a new matter against current and former clients and adverse parties, and obtaining written informed consent before taking on directly adverse representation.

Commingling prohibition

Client funds may not be mixed with the lawyer's own funds in a trust account, and trust records must be preserved for the period the rules require.

Candor to the tribunal

The duty to correct a false statement of material fact previously made to the court and to refrain from offering evidence the lawyer knows is false.

Supervisory responsibility

A lawyer is accountable for nonlawyer assistants acting under the lawyer's direction and must ensure their work meets professional obligations.

Technology competence

The duty to understand, to a reasonable degree, the risks and benefits of the technology used in a matter, including email, cloud storage, and e-filing.

Initial consultation checklist

Identify the client, adverse party, key deadlines, fee arrangement, and client objectives before discussing strategy or accepting the engagement.

Bad-news delivery order

State the outcome first, then the reasoning, then the available options. Leading with the result prevents the client from missing an adverse development.

Qualified interpreter

A neutral, competent interpreter engaged when a client has limited English proficiency. Family members are not substituted, and the accommodation is documented.

Withdrawal file return

On withdrawal, return the client's file and any unearned fees, notify the client in writing, and confirm successor counsel covers pending deadlines.

Nonlawyer staff boundary

Staff may gather facts and convey information but may not give legal advice; legal questions are routed to the supervising lawyer.