NV Bar key terms

The charter document filed with the Nevada Secretary of State to create a corporation; it must state the name, registered agent, and capital structure, and it governs the entity's basic authority.

A person or entity with a physical Nevada street address who accepts service of process and official notices on behalf of a business entity; a Nevada entity must continuously maintain one.

A theory allowing a court to hold shareholders personally liable for corporate debts when the corporation is a mere alter ego or sham used to commit fraud or injustice.

A doctrine treating a corporation and its owner as identical when there is such unity of interest and ownership that separate personalities no longer exist and recognizing separateness would sanction fraud.

Nevada's marital property system under which property acquired during marriage through the labor of either spouse is owned equally, while property owned before marriage or received by gift or inheritance remains separate.

Property owned by one spouse alone, such as assets held before marriage, property acquired by gift or inheritance, or property traceable to those sources, and it is not divided at divorce.

The evidentiary process of following the source of funds or assets to classify them as community or separate property, particularly when separate funds have been commingled with community accounts.

A written contract signed before marriage that may define property rights, spousal support, and dispositions on death; Nevada enforces it if it is voluntary and free of fraud or duress.

Nevada's modified system under which a plaintiff's recovery is reduced in proportion to the plaintiff's own fault, and recovery is barred entirely if the plaintiff's negligence exceeds the defendant's.

A rule allowing a plaintiff to collect the entire judgment from any one liable defendant, though Nevada limits this in comparative-fault cases so each defendant generally pays only its proportionate share.

A defense asserting that the plaintiff knowingly and voluntarily encountered a known danger; in Nevada it is treated as a form of comparative fault that reduces recovery rather than an automatic bar.

The rule requiring certain contracts, including land sales, promises to answer for another's debt, and agreements not performable within one year, to be evidenced by a signed writing.

A substantive rule barring admission of prior or contemporaneous oral statements to contradict or vary a fully integrated written agreement, though evidence may still explain ambiguity or show fraud.

A contractual provision stating that the writing is the complete and final expression of the parties' agreement, which supports excluding outside evidence under the parol evidence rule.

A doctrine enforcing a promise unsupported by consideration when the promisor reasonably expected reliance, the promisee actually and justifiably relied, and injustice can be avoided only by enforcement.

The procedural rules governing civil actions in Nevada's district courts, covering pleading, joinder, discovery, dispositive motions, and judgment; they are modeled on but not identical to the federal rules.

A judgment entered for the plaintiff when a properly served defendant fails to plead or otherwise respond within the allowed time, after the plaintiff applies and satisfies notice requirements.

A pretrial ruling that no genuine dispute of material fact exists and the moving party is entitled to judgment as a matter of law, supported by pleadings, discovery, and admissible evidence.

A hearing in a criminal case at which a justice or municipal court decides whether probable cause exists to bind the defendant over to district court for trial on a felony charge.

The court appearance at which the defendant is informed of the charges and potential penalties and enters a plea of guilty, not guilty, or nolo contendere.

A plea by which the defendant neither admits nor denies the charge; the court may treat it as a guilty plea for sentencing while it generally cannot be used as an admission in later civil litigation.

A panel of citizens that reviews evidence presented by the prosecutor and issues an indictment if it finds probable cause; Nevada uses it as an alternative to the preliminary hearing for felony charges.

The constitutional obligation of the prosecution to disclose material exculpatory evidence to the defense before trial, including evidence that could impeach a government witness.

A Sixth Amendment claim requiring proof that counsel's performance fell below an objective standard of reasonableness and that the deficiency prejudiced the outcome of the proceeding.

A lawyer's duties under the procedural rules to disclose required information, respond to requests, supplement responses, and avoid using discovery to harass or unduly burden the opposing party.

A court order limiting or conditioning discovery to protect a party from annoyance, embarrassment, oppression, or undue burden, and often governing confidentiality of produced materials.

The materials generated in the representation that belong to the client, including documents the client supplied and final work product; a lawyer must return them on request at the end of the engagement.

A segregated account in which a lawyer holds client or third-party funds, keeping them separate from the lawyer's own money and disbursing them only as earned or as directed.

The improper mixing of client funds with a lawyer's personal or operating funds; even brief use of trust money for the lawyer's purposes violates the duty to safeguard client property.

An interest-bearing trust account for client funds that are nominal in amount or held briefly, with earned interest paid to a designated legal services program rather than to the client.

A fee paid to secure a lawyer's availability; an advance fee held before work is performed must be placed in trust until earned, while a true availability retainer is earned on payment.

A fee calculated as a percentage of the recovery, permissible in most civil cases but prohibited in criminal matters and domestic relations cases where it would promote divorce.

A situation where representing one client is materially limited by duties to another client, a former client, a third person, or the lawyer's own interests, requiring disclosure and informed consent.

A client's or prospective client's agreement to a course of conduct after the lawyer communicates adequate information about the material risks and reasonably available alternatives.

The rule that one lawyer's conflict disqualifies the entire firm from the matter, subject to screening and waiver exceptions for personally disqualified lawyers who did not acquire material information.

An internal procedure isolating a lawyer from a matter, such as barring access to files and prohibiting discussion, used to avoid imputed disqualification in defined circumstances.

The broad ethical duty not to reveal information relating to the representation of a client, broader than the evidentiary privilege and surviving the end of the attorney-client relationship.

An evidentiary rule protecting confidential communications between a client and lawyer made to obtain legal advice from compelled disclosure, subject to exceptions such as crime-fraud.

The doctrine that removes privilege protection from communications made to further a crime or fraud, including client communications intended to enable future wrongdoing.

A lawyer's duty of honesty toward the court, requiring disclosure of adverse legal authority, correction of false statements, and refusal to offer evidence the lawyer knows is false.

A claim, defense, or argument lacking any basis in law or fact that is not warranted by existing law or a good-faith argument for its extension, reversal, or modification.

The required period in which a new Nevada lawyer practices under an approved supervising attorney who reviews the lawyer's work and certifies completion of program requirements.

A licensed Nevada lawyer approved to oversee a participant in the supervised practice program, responsible for reviewing work, providing feedback, and confirming the participant's progress.

The obligation of a new lawyer to maintain a relationship with an assigned or selected mentor who provides guidance on ethics, practice management, and professional development.

Legal services provided without expectation of a fee to persons of limited means or to organizations addressing their needs; Nevada encourages but does not compel a set number of hours.

A lawyer's knowingly false statement of material fact or law to a third person, or a failure to correct a previously made false statement when correction is necessary to avoid assisting a fraud.

The ethical standard governing lawyer communications about services, which must not be false or misleading and must include required disclosures, while preserving the lawyer's protected commercial speech.

A targeted communication initiated by a lawyer to a specific person known to need legal services for a particular matter, generally prohibited in person or by live telephone contact for pecuniary gain.

The written or oral understanding setting the basis or rate of the fee and expenses; it must be communicated before or within a reasonable time after beginning the representation.