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Ashley Chapman 8/24/ PLA Purpose of the Assignment: The purpose of the assignment is to become familiar with the legal terms in Chapters 1-11. Learning these terms will help us prepare for working in the legal field. Key Terms: Chapter 1
- continuing legal education (CLE)- Training in the law (usually short term) that a person receives after completing his or her formal legal training or after becoming employed.
- certification- The process by which a nongovernmental organization grants recognition to a person who has met the qualifications set by that organization.
- networking- Establishing contacts and sharing information with people (a) who might become personal or professional resources for you and (b) for whom you might become a personal or professional resource.
- traditional paralegals- A paralegal who is an employee of an attorney.
- independent contractors- A self- employed person who operates his or her own business and contracts to perform tasks for others. In general, the latter do no control many of the administrative details of how the work is performed.
- transactional paralegal- One who provides paralegal services for an attorney who represents clients in transactions such as entering contracts, incorporating a business, closing a real estate sale, or planning an estate. A paralegal who does not work in litigation.
- sole practitioner- An attorney who practices alone. There are no partners or associates in the office.
- independent paralegal- An independent contractor who sells his or her paralegal services to, and works under the supervision of, one or more attorneys.
- document service provider (DSP)- A nonattorney who works without attorney supervision to provide legal-document assistance to individuals who are representing themselves. Also, someone who helps another prepare or process documents.
- unauthorized practice of law (UPL)- Using or attempting to use legal skills to help resolve a specific person’s legal problem when the assistance is provided by someone who does not have a license to practice law and when the assistance requires such a license or other authorization.
- paralegal- A person who performs substantive legal tasks on behalf of others when those tasks are supervised by an attorney who would be required to perform the tasks if the office did not have a paralegal. A person with legal skills who works under the supervision of an attorney or who is otherwise authorized to use those skills, this person performs tasks that do not require all the skills of an attorney and that most secretaries are not trained to perfrom.
- fees- The amount charged for services rendered.
- paralegal fees-A fee that an attorney can collect for the nonclerical work of the attorney's paralegal. The fee covers the paralegal’s substantive legal work on behalf of the client.
- contingent fee- A fee that is paid only if the case is successfully resolved by litigation or settlement, regardless of the number of hours spent on the case.
- court costs- Charges or fees that are directly related to litigation in that court. Example: court filing fees.
- overhead- The operating expenses of a business for which customers or clients are not charged a separate fee. Some attorneys charge clients for clerical or secretarial time.
- engagement letter- A letter that identifies the scope of services to be provided by a professional and the payments to be made for such services.
- american rule-Each party pays his or her own attorney fees regardless of who wins the case.
- english rule- The losing side in litigation must pay the winner’s attorney fees.
- fee-shifting- Requiring one party to pay another party-s attorney fees and paralegal fees because of prior agreement, bad faith, or special statue.
- bad faith- Dishonesty or abuse in one’s purpose or conduct.
- frivolous- lacking merit, pertaining to a legal position that cannot be supported by a good-faith argument based on existing law or on the need for a change in existing law.
- aggrieved- injured or wronged and thereby entitled to a remedy.
- statutory-fee cases- A case applying a special statute that gives a judge authority to order the losing party to pay the winning part’s attorney fees (including paralegal fees) and costs.
- remedy- The means by which a right is enforced, or the violation of a right is prevented, compensated for, or otherwise redressed. To correct.
- lodestar- a method of calculating an award of attorney fees authorized by stature. The number of reasonable hours spent on the case is multiplied by the prevailing hourly rate in the community for similar work by attorneys.
- law clerks- An attorney’s employee who is in law school studying to become an attorney or who has graduated from law school and waiting to pass the bar examination.
- amicus curiae brief- An appellate brief submitted by a nonparty who obtains court permission to file the brief setting out its views on how the case should be resolved.
- timekeeping- recording time spent on a client matter for purposes of billing and productivity assessment.
- contemporaneous- Existing or occurring in the same period of time; pertaining to records that are prepared regarding events as the events are occurring or very shortly thereafter.
- leveraging- Making profit from the income0generating work of others.
- billable- Pertaining to those tasks requiring time that can be charged to (and paid by) a client.
- closing- The meeting in which a transaction is finalized.
- billable hours quota- A minimum number of hours expected from a timekeeper on client matters that can be charged (billed) to clients per week, month, year, or other time period.
- rule of three- A general guideline used by some law firms to identify budget expectations from hiring paralegals: gross revenue generated through paralegal billing should equal three times a paralegal’s salary.
- realization rate- The percentage of total client billings of an attorney or paralegal that the office actually collects.
- attorney attestation- A signed statement by an attorney that a paralegal applying for membership in an association meets one or more of the criteria of the association, the most common of which is that the paralegal performs paralegal duties.
- assigned counsel- an attorney appointed by the court to represent an indigent person in a criminal or civil case.
- independent contractor- A self-employed person who operates his or her own business and contracts to perform tasks for others.
- independent paralegal- An independent contractor who sells his or her paralegal services to and works under the supervision of one or more attorneys.
- outsourcing- Paying an outside company or service to perform tasks usually performed by one’s own employees.
- document service provider- A nonattorney who works without attorney supervision to provide legal-document assistance to individuals who are representing themselves.
- e-discovery- The discovery by a party in litigation of an opponent’s data generated by or stored in a computer or other digital device.
- legal nurse consultant (LNC)- A nurse, usually an independent contractor, who examines and evaluates facts involving the delivery of health care on behalf of an attorney, health organization, or other entity.
- legal nurse- A nurse, usually an employee of an attorney, who examines and evaluates facts involving the delivery of health care on behalf of an attorney.
- networking- Establishing contacts and sharing information with people who might become personal or professional resources for you and for whom you might become a personal or professional resource.
- job bank- A service that lists available jobs.
- continuing legal education (CLE)- Training in the law that a person receives after completing his or her formal legal training or after becoming employed.
- blind ad- A want ad that does not give the name and address of the prospective employer.
- staffing agency- An employment agency that places temporary workers, often directly paying the workers and handling all of the financial aspects of the placement.
- informational interview- An interview whose primary purpose is to gain a better understanding of an area of law or kind of employment.
- chronological resume- A resume that presents biographical data on education, training, and experience in a chronological sequence starting with the present and working backward.
- functional resume- A resume that covers skills and experience regardless of when they were developed or occurred.
- font- The design or style of printed letters of the alphabet punctuation marks, or other characters.
- point- A measure of the size of printed letters of the alphabet, punctuation marks, or other characters.
- PDF (Portable Document File)- a file format consisting of an electronic image of a document that preserves the features and styles of the document.
- metadata-Data about data.
- parallelism- Using a consistent grammatical structure when phrasing logically related ideas in a list.
- due diligence- Reasonable efforts to find and verify factual information needed to carry out an obligation, to avoid harming someone, or to make an important decision, to determine the true market value of a potential investment, or to decide whether a job prospect is worth pursuing.
- blog- An internet journal or diary on any topic of interest to the blogger of the blog.
- cover letter- A letter indicating what is being sent in the same envelope or package and that often highlights its contents or purpose.
- billable hours quota- A minimum number of hours expected from a timekeeper on client matters that can be charged to clients per week, month, year, or other time period.
- intranet- A private network of computers for the sharing of data, software, and services within the organization using features similar to those of the World wide Web.
- contaminate- Cause a conflict of interest to exist in a law office because of prior employment, prior volunteer work, or other factors that could create the conflict.
- conflict of interest- Divided loyalties that actually or potentially harm someone who is owed undivided loyalty.
- redacted- To edit or prepare a document for publication or release, often by deleting, altering, or blocking out text that you do not want disclosed. Chapter 3:
- work in progress (WIP)- A list of tasks on which one is currently working and the dates they are due.
- due diligence- Reasonable efforts to find and verify factual information needed to carry out an obligation, to avoid harming someone, or to make an important decision.
- office politics- The interaction of coworkers when they do not always have the same goals, powers, opinions, expectations, abilities, or timetables for performing the work of the office.
- performance reviews- An analysis of the extent to which a person or program has met designated objectives.
- realization rate- The percentage of total client billings of an attorney or paralegal that the office actually collects.
- case method- Learning law primarily by studying appellate court opinions in which the opinions are briefed, synthesized, and applied to new facts presented by the professor.
- adverse- Opposed to; harmful, unfavorable
- clinical education- A training program in which students work on real cases under professional supervision.
- flextime- A system that allows employees some control over aspects of their work schedule, such as the times that they arrive at and leave from work during the day.
- attentive learning- Affirmative, ongoing steps taken by an interviewer to let an interviewee know that you have heard what he or she just said and that you consider the meeting with him or her to be important
- continuing legal education (CLE)- Training in the law that a person receives after completing his or her formal legal training or after becoming employed.
- probono- Concerning or involving legal services that are provided for the public good without fee or compensation.
118.bankruptcy petition preparer (BPP)- A nonattorney who is authorized to charge fees for preparing a bankruptcy petition or any other bankruptcy document that a self-represented debtor will file in a federal court. 119.exemptions- The right of a debtor to keep designated property rather than make it available to creditors to satisfy debts, particularly in bankruptcy. 120.discharged- Extinguish; forgive a debt so that it is no longer owed. 121.legal document assistant (LDA)- A nonattorney in California who is authorized to charge gees for providing self-help assistance to anyone representing himself or herself in a legal matter. 122.unlawful detainer assistant (UDA)- A nonattorney in California who is authorized to charge fees for providing self-help assistance to landlords or tenants in actions for the possession of land. 123.ministerial- Involving a duty that is to be performed in a prescribed manner without the exercise of judgement or discretion. 124.bond- An obligation to perform an act upon the occurrence of a designated condition. 125.legal document preparer (LDP)- A nonattorney in Arizona who is authorized to charge fees for providing self-help assistance to anyone representing himself or herself in a legal matter. 126.continuing legal education (CLE)- Training in the law that a person receives after completing his or her formal legal training or after becoming employed. 127.antitrust law- The law governing unlawful interferences with competition such as through price fixing, monopolies, and other restraints of trade. 128.statements of principles- guidelines negotiated by bar associations and specified law—related occupations that distinguish between those activities of the occupations that do not constitute the unauthorized practice of law and those that do. 129.minimum-fee schedules- A bar-association list of the lowest fees an attorney can ethically charge for specific kinds of legal services. 130.counterclaim- A claim by one side in a case that is filed in response to a claim asserted by an opponent. 131.court of record- A court that is required to maintain a record of the proceedings before it, including a word-for-word account of what occurred. 132.calendar call- The time in court when a case on the calendar is called for a determination by the judge of the next step in the proceeding. 133.law clerk- An attorney's employee who is a law school studying to become an attorney or who has graduated from law school and is waiting to pass the bar examination. 134.continuance- The adjournment or postponement of a proceeding until a later date. 135.ex parte- With only one side present when court action is requested. 136.uncontested- Unchallenged; without opposition or dispute.
137.pleadings- A formal litigation document filed by a party that states or responds to the claims and defenses the parties have against each other. 138.memoranda of law- A written explanation of how one or more rules might apply to the facts of a client’s case. 139.appellate briefs- A document that a party files with an appellate court in which the party presents arguments on why the appellate court should affirm, reverse, vacate, or otherwise modify what a lower court has done. 140.jailhouse lawyer- An inmate, usually a self-taught nonattorney, who has a limited right to prove other inmates with legal services if the institution does not prove adequate alternatives to such services. 141.litigious- Inclined to resolve disputes through litigation. 142.adversarial- Involving conflict and an adversary. 143.adversary system- A method of resolving a legal dispute whereby the parties argue their conflicting claims before a neutral decision maker. 144.supremacy Clause- The clause in the U.S. Constitution that has been interpreted to mean that when valid federal law conflicts with state law, federal law controls. 145.separation of powers- The constitutional requirement that each of the legislative, executive, and judicial branches of government limit itself to the powers granted to it and not encroach upon the powers granted to the other two branches. 146.usurp- To lawfully exercise a position or power that belongs to another. 147.administrative Procedure Act (APA)- The statue that governs procedures before federal administrative agencies. 148.patent agent- A nonattorney licensed to prepare and submit patent application before the U.S. Patent and Trademark Office. 149.enrolled agent- A nonattorney who is licensed to represent taxpayers before the Internal Revenue Service. 150.administrative law judge (ALJ)- A government officer who presides over a hearing at an administrative agency. 152.statutory-fee cases- A case applying a special statute that gives a judge authority to order the losing party to pay the winning party’s attorney fees and costs. 153.page 52 debate- A debate on whether there should be limited licensing for paralegals. 154.Juris Doctor (J.D.)- The law degree most American law schools grant its graduates. 155.justice gap- The large numbers of people who do not have access to legal assistance, primarily because of the cost of such assistance.
172.vicarious liability- Liability imposed on a person for the conduct of another. 173.personal liability- Liability that can be satisfied out of a wrongdoer’s personal as well as business assets. 174.negligent hiring- Carelessly hiring an incompetent person who poses an unreasonable risk of harm to others. 175.negligent supervision- Carelessly monitoring or supervising an incompetent person who poses an unreasonable risk of harm to others. 176.respondeat superior- An employer is responsible for the wrongs committed by an employee within the scope of employment. 177.scope of employment- That which is foreseeably done by an employee for the employer’s business under the employer’s specific or general control. 178.deep pocket- An individual, a business, or another organization with resources to pay a potential judgment. 179.negligence- The failure to use reasonable care that an ordinary prudent person would have used in a similar situation, resulting in injury or other loss. 180.statute of limitations- A law stating that civil or criminal actions are barred if not brought within a specified period of time. 181.process- The means used by the court to acquire its power or jurisdiction over a person. 182.malicious prosecution- A tort with the following elements: The initiation of civil or criminal legal proceedings; without probable cause; with malice or an improper purpose; and the proceedings terminate in favor of the person against whom the proceedings were brought. 183.abuse of process- A tort consisting of the following: the use of a civil or criminal proceeding, for a purpose for which the process is not designed, resulting in actual damage. 184.malpractice- Any professional misconduct such as an ethics violation, breach of fiduciary duty, crim, tort, or other wrongdoing. 185.go bare- To engage in an occupation or profession without malpractice insurance. 186.occurrence policy- Insurance that covers all occurrences during the period the policy is in effect, even if the claim is not actually filed until after the policy expires. 187.claims-made policy- Insurance that covers only claims actually filed during the period in which the policy is in effect.
Chapter 5: 188.ethics- Rules or standards of behavior to which members of an occupation, profession, or other organization are expected to conform. 189.continuing legal education (CLE)- Training in the law that a person receives after completing his or her formal legal training or after becoming employed. 190.agent- A person authorized to act for another. 191.practice of law- Using or attempting to use legal skills to help resolve a specific person’s legal problem. 192.attorney in fact- One authorized to act in place of another. 193.power of attorney- A document that authorizes another to act as one’s agent or attorney in fact. 194.sanctions- Penalty or punishment imposed for unacceptable conduct. 195.unauthorized practice of law (UPL)- Using or attempting to use legal skills to help resolve a specific person’s legal problem when the assistance is provided by someone who does not have a license to practice law and when the assistance requires such a license or other authorization 196.integrated bar association- A state bar association to which an attorney must belong in order to practice law in the state. 197.Model Rules of Professional Conduct (MRPC)- The current set of ethical rules governing attorneys recommended by the American Bar Association. 198.probable cause- A reasonable belief that good grounds exist to bring charges against someone. 199.Multidisciplinary practice (MDP)- A partnership consisting of attorneys and nonlegal professionals that offers legal and nonlegal services. 200.paralegal code- Rules and guidelines covering ethical issues involving paralegals. 201.meritorious- Having merit 202.letter of nonengagement- A letter sent to a prospective client that explicitly states that the law office will not be representing him or her. 203.stature of limitations- A law stating that civil or criminal actions are barred if not brought withing a specified period of time. 204.time-barred- Prevented or barred from ringing a civil or criminal action because of the passage of a designated period of time without commencing the action. 205.retainer- The act of hiring or engaging the services of someone, usually a professional.
224.overhead- The operating expenses of a business for which customers or clients are not charged a separate fee 225.American rule- Each party pays his or her own attorney fees regardless of who wins the case. 226.statutory-fee cases- A case applying a special statue that gives a judge authority to order the losing party to pay the winning party’s attorney fees and costs. 227.English rule- The losing side in litigation must pay the winner's attorney fees. 228.contemporaneous- Existing or occurring in the same period of time; pertaining to records that are prepared on events as the events are occurring or very shortly thereafter. 229.block billing- Grouping multiple tasks under a single time charge rather than describing each task separately and assigning the actual time associated with each task. 230.double billing- Fraudulently charging a client twice for the same service. 231.padding- Adding something without justification 232.time padding- Inflating a client’s bill by charging for time that was not spent. 233.task padding- Inflating a client’s bill by charging for tasks that were not performed. 234.billable hours quota- A minimum number of hours expected from a timekeeper on client matters that can be charged to clients per week, month, year, or other time period. 235.client security fraud- A fund by a bar used to compensate victims of designated kinds of attorney misconduct. 236.pretexting- Using online deception as a pretext to obtain information from another person 237.attestation clause- A clause stating that you saw someone sign a document or perform other tasks related to the validity of the document 238.insider trading- Improperly using or passing on to others any nonpublic information you learn about in the office in order to trade in the shares of a company. 239.pirated software- software that has been placed in a computer that is not authorized by the terms of the purchase or lease of the software. 240.spoliation- intentionally destroying, altering, or concealing evidence. 241.malicious prosecution- A tort with the following element: the initiation of civil or criminal legal proceedings; without probable cause; with malice or an improper purpose; and the proceedings terminate in favor of the person against whom the proceedings were brought.
242.abuse of process- A tort consisting of the following elements: the use of civil or criminal proceedings, for a purpose for which the process is not designed, resulting in actual damage. 243.adversary system- A method of resolving a legal dispute whereby the parties argue their conflicting claims before a neutral decision maker. 244.frivolous- lacking merit 245.Federal Rules of Civil Procedure (FRCP)- The rules that govern the mechanics of resolving a dispute by a U.S. district court, which is the main federal trial court. 246.fiduciary- A person who owes another good faith and fair treatment in protecting the other’s interest. 247.client trust account- A bank account controlled by an attorney that contains client funds that may not be used for general operating expenses or for any personal purpose of the attorney. 248.commingling- Missing what should be kept separate, depositing client funds into an account that also contains funds used for general operating expenses of the office. 249.material- Serious and substantial 250.confidential- Pertaining to information that others do not have a right to receive. 251.privileged- Protected by a privilege so that disclosure is prohibited or limited. 252.attorney-client privilege (ACP)- A client or a client’s attorney can refuse to disclose any confidential communication between them if the purpose of the communication was to facilitate the provision of legal services to the client. 253.work-product rule- Notes, working papers, memoranda, or similar things prepared by or for an attorney in anticipation of litigation are not discoverable by an opponent, absent a showing of substantial need. 254.discoverable- Pertaining to information or materials an opponent can obtain through deposition, interrogatories, or other discover method. 255.metadata- Data about data 256.encrypt- Convert text into a code that renders the text incomprehensible until it is reconverted to a readable format by a recipient with the right software. 257.redact- to edit or prepare a document for publication or release, often by deleting, altering, or blocking out text that you do not want disclosed. 258.conflict of interest- Divided loyalties that actually or potentially harm someone who is owed undivided loyalty.
277.quarantined- Isolated or kept apart form a case because of a conflict of interest in connection with that case. 278.conclusive presumption-An assumption or inference of fact that a party will not be allowed to dispute or rebut. 279.rebuttable presumption- An assumption or inference of fact that can be overcome by sufficient contrary evidence but that will be treated as accurate if it is not rebutted. 280.career client list- A confidential list of every client or matter you worked on in any law office from the beginning of your legal career to the present time. 281.independent paralegals- An independent contractor who sells his or her paralegal services to and works under the supervision of one or more attorneys. 282.conflicts check- Finding out whether a conflict of interest exists that might disqualify a law office from representing a prospective client or from continuing the representation of a current client. 283.lateral hire- A person hired from another law office. 284.disinterested- Not working for one side or the other in a controversy.
- anitcontact rule-An advocate must not contact an opposing party without permission of the latter’s attorney. 286.ex parte communications- A communication with the court in the absence of the attorney for the other side. 287.solicitation- An appeal or request for clients or business. 288.pecuniary- Relating to money. 289.ambulance chasing- Approaching accident victims to encourage them to hire a particular attorney. If the attorney uses someone else to do the soliciting, the latter is called a runner. 290.real time- Occurring now 291.barratry- The crime of stirring up quarrels or litigation. 292.runner- One who solicits business, especially accident cases. 293.document service providers (DSPs)- A nonattorney who works without attorney supervision to provide legal document assistance to individuals who are representing themselves. 294.whistleblower- An employee who reports employer wrongdoing, usually to a government agency. 295.cause of action- A legally acceptable reason for bringing a suit. 296.wrongful discharge- terminating an employee for a reason that is illegal or a violation of public policy
297.motion to dismiss- A request, often made before the trial begins, that the judge dismiss the case because the parties have reached a settlement or because of a serious procedural deficiency. 298.at-will employee- An employee who can be terminated for any reason that does not violate public policy 299.public policy- The principles inherent in the customs, morals, and notions of justice that prevail in a state. 300.gratuitous- Pertaining to what is performed or given without a duty or obligation to do so 301.diversity of citizenship- The disputing parties are citizens of different states and the amount in controversy exceeds $75,000. 302.pro bono- Concerning or involving legal services that are provided for the public good without fee or compensation. 303.notice of appearance- A formal notification to a court by an attorney that he or she is representing a party in the litigation. 304.cured- Corrected. 305.good cause-A legally sufficient ground. 305.letter of disengagement- A letter sent to a client formally notifying him or her that the law office will no longer be representing the client 306.model Rule 5.3- The rule in the ABA governing the responsibility of different categories of attorneys for the conduct of paralegals and other nonattorney assistants in a law office. 307.traditional paralegals- A paralegal who is an employee of an attorney. 308.independent contractor- A self-employed person who operates his or her own business and contracts to perform services for others. 309.tickler- A paper or computer system designed to provide reminders of important dates. 310.ratify- To adopt or confirm a prior act or transaction. 311.remedial- Corrective; intending to correct. 312.appellate brief- A document that a party files with an appellate court in which the party presents arguments on why the appellate court should affirm, reverse, vacate, or otherwise modify what a lower court has done. 313.memorandum of law- A written explanation of how one or more rules might apply to the facts of a client’s case.
242.law- An authoritative rule written and enforced by one or more government bodies. 243.primary authority- A law written by one of the three branches of government. 244.secondary authority- A nonlaw that summarizes, describes, or explains the law but is not the law itself. 245.opinion of the attorney general- Formal legal advice given by the chief law officer of the government to another government official or agency. 246.Supremacy Clause- The clause in the U.S. Constitution that has been interpreted to mean that when valid federal law conflicts with state law, federal law controls. 247.indigent- poor; without means to afford something such as a private attorney or filing fees. 248.common law- judge-made law in the absence of controlling statutory law or other higher law. 249.at common law- Referring to all the case law and statutory law in England and in the American colonies before the Revolution. 250.common-law system- The legal system of England and most of the United States that places a greater emphasis on case law than do countries that have a civil law system where a greater emphasis is placed on statutory or code law. 251.civil-law system- The legal system of many countries in Continental Europe and Latin America that places a greater emphasis on statutory or code law than do countries whose common-law system places a greater emphasis on a case law. 252.civil- Pertaining to the state or its citizens. 253.precedent- A prior opinion or decision covering similar facts or issues in a later case that can be sued as a standard or guide in the later case. 254.stare decisis- Courts should decide similar cases in the same way unless there is good reason for the court to do otherwise. 255.cause of action- A legally acceptable reason for bringing a suit. 256.derogation- A partial repeal or abolishment of a law. 257.consideration- Something of value that is exchanged between parties. It can be in act, a forbearance, a promise to perform an act, or a promise to refrain from performing an act. 258.enacted law- Law written by a deliberative body such as a legislature or constitutional convention after it is proposed and often debated and amended. 259.prospective- Governing future event’ effective in the future. 260.equity- Justice administered according to fairness in a particular case, as contrasted with the strictly formalized rules once followed by common-law courts. 261.remedy- The means by which a right is enforced or the violation of a right is prevented, compensated for, or otherwise redressed.
262.damages- Money claimed by a person to compensate for the harm caused by an alleged wrongdoer.
- equitable- Fair; just. 264.specific performance- A remedy for breach of contract that forces the wrongdoing party to complete the contract as promised. 265.injunction- A remedy that orders a person or organization to do or to refrain from doing something. 266.constitutional court- A court that derives its jurisdiction from a provision of the constitution. 267.legislative courts- A court created by the legislature. 268.adjudicate- To resolve or decide by judicial process; to judge. 269.adversarial- Involving conflict and an adversary. 270.adversary system- A method of resolving a legal dispute whereby the parties argue their conflicting claims before a neutral decision maker. 271.inquisitorial system- A method of resolving a legal dispute in some countries in which the judge has a more active role in questioning the witnesses and in conducting the trail than in an adversary system. 272.record- The official collection of all the trial pleadings, exhibits, orders, and word-for-word testimony that were part of the trail. 273.court of record- A court that is required to maintain a record of the proceedings before it, including a word-for-word account of what occurred. 274.trial de novo- A new trial conducted as if a prior one had not occurred. 275.jurisdiction- The power of a court to resolve a legal dispute. 276.territorial jurisdiction- The geographic boundaries within which a court has the power to act. 277.personal jurisdiction- A court’s power over a person to determine his or her personal rights. 278.subject-matter jurisdiction- The court’s power to resolve a particular type of legal dispute and to grant a particular type of relief. 279.limited jurisdiction- The power of a court to hear only certain kinds of cases. 280.general jurisdiction- The power of a court to hear any kin of civil or criminal case, with certain exceptions. 281.exclusive jurisdiction- The power of a court to hear a particular kind of case, to the exclusion of other courts. 282.concurrent jurisdiction- The power of more than one type of court to hear a particular kind of case. 283.original jurisdiction- The power of a court to be the first to hear a case before it is reviewed by another type of court. 284.appellate jurisdiction- The power of a court to review and correct the decisions of a lower tribunal.
