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Introduction To Law For Paralegals (Legal Terms From Chapter 1-10) – Q&A
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Introduction To Law For Paralegals (Legal Terms FromChapter 1-10) – Q&A
Paralegal ✔️Ans -a person with specialized training who assists lawyers
Cause of action ✔️Ans -A claim that based on the law and the facts is
sufficient to support a lawsuit. If the plaintiff does not state a valid cause of
action in the complaint, the court will dismiss it.
legal research ✔️Ans -The process of finding the law
legal reasoning ✔️Ans -The application of legal rules to a client's specific
factual situation; also known as legal analysis.
stare decisis ✔️Ans -The doctrine stating that once a court has decided one
way on a past issue other courts will decide the same way.
felonies ✔️Ans -a serious crime such as murder, rape, kidnapping, or
robbery with incarceration for year or more, life sentences or death
penalty. 4 categories against person,or against property, against public
health or decency, and against government itself.
misdemeanors ✔️Ans -minor crimes for which the penalty is usually less
than one year in jail or a fine
defenses ✔️Ans -1. Insanity
2. Intoxication
3. Infancy
4. Self-Defense
5. Duress
6. Entrapement
damages ✔️Ans -a sum of money paid in compensation for loss or injury
, elements ✔️Ans -the conditions that make an act unlawful. Actus rea=act or
omission & Mens rea=intent
criminal law ✔️Ans -group of laws that defines and sets punishments for
offenses against society
Civil law ✔️Ans -Judicial law not involving criminal charges. Cases are
between 2 parties and involve common law.
sources of law ✔️Ans -executive branch, legislative branch, and judicial
branch
Binding authorities ✔️Ans -Any source of law that a court must follow
when deciding a case. Binding authorities include constitutions, statutes,
and regulations that govern the issue being decided, as well as court
decisions that are controlling precedents within the jurisdiction.
diversity of citizenship ✔️Ans -Under Article III, Section 2, of the
Constitution, a basis for federal court jurisdiction over a lawsuit between
(1) citizens of different states, (2) a foreign country and citizens of a state
or of different states, or (3) citizens of a state and citizens or subjects of a
foreign country. The amount in controversy must be more than $75,000
before a federal court can take jurisdiction in such cases.
federal question ✔️Ans -A case arising under the U.S. Constitution, treaties,
and federal statutes and regulations., jurisdiction given to federal courts in
cases involving the interpretation and application of the U.S. Constitution,
acts of Congress, and treaties
substantive law ✔️Ans -law that defines the rights and duties of people
procedural law ✔️Ans -Law that regulates how the legal system operates.
common law ✔️Ans -laws created by courts
Paralegal's role in analyzing facts ✔️Ans -1-assist in fact gathering 2-
conduct interviews 3-summarize interviews 4-read and summarize
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