PCCE Paralegal key terms

The initial pleading a plaintiff files to start a lawsuit, stating the facts, the legal claims against each defendant, and the relief the plaintiff wants the court to grant.

A law setting the maximum time after an event within which a lawsuit must be filed; missing the deadline usually bars the claim permanently.

The pretrial phase in which each side may demand information and documents from the other, such as through interrogatories, requests for production, and depositions, to prepare for trial.

A ruling entered without a trial when the pleadings and discovery show no genuine dispute about any fact that matters, and the moving party is entitled to judgment as a matter of law.

Written questions sent by one party to another during discovery that must be answered in writing under oath within a set time.

A clear proposal to make a deal that states definite terms and shows the offeror intends to be bound if the other person accepts.

The offeree's unqualified agreement to the terms of an offer, which creates a binding contract when consideration is also present.

Something of value exchanged by each party, such as money, a promise, or a service, that makes a promise enforceable rather than a mere gift.

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

Failure to perform a duty promised in a valid contract without a legal excuse, which may entitle the nonbreaching party to damages or other remedies.

An event or act that must happen before a party's duty to perform arises, such as obtaining financing before a closing.

A court remedy that ignores limited liability and holds owners personally liable when they misuse the entity, such as commingling funds or committing fraud.

A legal obligation of loyalty and care that directors, officers, and agents owe to the organization, requiring them to act in its best interest rather than their own.

A business form that combines pass-through taxation with limited personal liability for owners, called members, and is governed by an operating agreement.

Internal rules adopted by a corporation that govern matters such as shareholder meetings, director elections, officer duties, and recordkeeping.

Reasonable grounds, based on facts and circumstances, for believing a crime has been or is being committed or that evidence will be found in a place.

A court appearance where the defendant is informed of the charges and asked to enter a plea, and bail or release conditions may be set.

The guilty state of mind required for a crime, such as intent, knowledge, recklessness, or negligence, which the prosecution must prove.

A warning police must give before custodial interrogation, telling the suspect of the rights to remain silent and to have counsel, and that statements may be used.

A court order requiring a custodian to bring a detained person before the court and justify the detention, used to challenge unlawful imprisonment.

A person who makes a valid will; if the person dies without one, the person is called an intestate decedent instead.

The statutory scheme that distributes a deceased person's property when there is no valid will, generally to surviving spouse and close relatives in set shares.

The court-supervised process of proving a will, gathering the decedent's assets, paying debts and taxes, and distributing what remains to beneficiaries.

The person appointed to administer an estate, often named in a will as executor or chosen by the court as administrator, with duties to collect assets and pay claims.

A signed amendment to an existing will that changes or adds terms; it must be executed with the same formalities as the original will.

The legal process of ending a marriage, resolving issues such as property division, support, and parenting time, sometimes called divorce.

A contract signed before marriage that sets how property and debts will be handled if the marriage ends by divorce or death.

The right and responsibility to make major decisions for a child, such as education, medical care, and religion, which may be sole or joint.

A property system in some states where earnings and assets acquired during marriage are owned equally by both spouses and divided on divorce.

A court process that gives a minor legal independence from parents before turning 18, often requiring proof of self-support and maturity.

A written instrument that transfers an interest in real property from a grantor to a grantee and is recorded to give public notice.

A right to use another person's land for a limited purpose, such as a driveway or utility line, without owning the land.

A doctrine allowing a person who openly, exclusively, and continuously occupies another's land for the statutory period to gain title.

A policy protecting a buyer or lender against losses from defects in title, such as unknown liens, forged documents, or missing heirs.

A tenant's right to possess and use real property for a set term under a lease, which is a personal property interest, not ownership.

Conduct that falls below the standard of care a reasonable person would use, causing harm to another when the harm was foreseeable.

The legal obligation to act with reasonable care toward others, whose scope depends on the relationship and the risk of harm.

The legal link between a defendant's conduct and an injury, asking whether the harm was a foreseeable result rather than too remote.

Liability imposed without proof of fault, such as for defective products or abnormally dangerous activities, when the defendant's conduct caused the harm.

A false statement of fact published to a third party that harms a person's reputation, subject to defenses such as truth and privilege.