PARALEGAL CORE COMPETENCY EXAM Questions with 100% Correct Answers 2024.p, Exams of Nursing

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PARALEGAL CORE COMPETENCY

EXAM Questions with 100% Correct

Answers 2024

Abatement - ANSWER-Process of selling estate property to pay debts. Abatement of Rent - ANSWER-A deduction from the rent owed for the diminishment in value of the premises caused by the lack of maintenance. Abstract of Title - ANSWER-Chronological summary of all official records and recorded documents affecting the title to a parcel of land. Accord and Satisfaction - ANSWER-The payment of money, or other valuable consideration (usually less than the amount owed), in exchange for extinguishment of a debt. There must be an express or implied agreement that accepting the smaller sum discharges the obligation to pay the larger sum. Acquittal - ANSWER-The legal certification that an accused person is not guilty of the charged offense. Actual Notice - ANSWER-Direct knowledge a person has about the ownership and condition of title of real property. Actus Reus - ANSWER-Latin term: "guilt act." The wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea to establish criminal liability. Administrative Authority - ANSWER-Rules, regulations and decisions enacted by federal, state and local agencies; also includes executive orders for of the President/Governor. Administrator (male)/Administratrix (female) - ANSWER-Personal representative appointed by the court when there is no valid will. Advance Directive - ANSWER-Document that expresses the health care wishes of the signor. Advance Sheets - ANSWER-Contains recent cases or statutes enacted or decided after the hardbound volume was published. The documents in the ___ ___ will be included in the next hardbound volume of the published set. Adverse Possession - ANSWER-Acquiring title through taking possession of land that belongs to another without the owner's consent and retaining possession for a statutory

amount of time. It must be: (i) hostile, meaning it must be without the owner's consent; (ii); actual, meaning there must be physical dominion and control exerted over the property; (iii) open and notorious, meaning anyone would be able to determine possession for the entire statutory period; and (v) exclusive, meaning that the adverse possessor cannot share use of the land in question with its title owner. Affidavit - ANSWER-A sworn statement in writing, made under oath. Affirmative Defense (civil) - ANSWER-A fact raised by the defendant that constitutes a defense to the complaint. Affirmative Defense (criminal) - ANSWER-A set of facts that tend to excuse the defendant from the crime with which they have been charged. Alimony - ANSWER-An award of money given from one spouse to the other. Duration of ___ can be for a very specific time period and will automatically terminate upon a specific date, or it may be unlimited, terminating only upon the death of the payor spouse or the payee spouse. ___ is also known as "Spousal Separate Maintenance" and/or "Spousal Support." It is important to note that, in some jurisdictions, spousal support and ___ are different. Alimony Pendente Lite (APL) - ANSWER-An award of money given from one spouse to the other prior to entry of a final decree; more literally, pending the litigation. American Law Reports (ALR) - ANSWER-Published in a series; a secondary legal authority that publishes selected cases followed by extensive articles (a/k/a annotations) which discuss the issues raised. Ancestor - ANSWER-Relative of a previous generation. Ancillary Administration - ANSWER-Estate administration established in a state where property is located outside of the domiciliary state. Annulment - ANSWER-The act of making something void and wiping it out completely. Anticipatory Repudiation - ANSWER-Occurs when one party positively states that they will not substantially perform a contract. Appeal - ANSWER-To ask a court of appellate jurisdiction to review the decision of the lower court of the basis that the lower court made an error of law. Appellant - ANSWER-The party who asks the higher court to review the lower/trial court's decision. Appellee - ANSWER-A party against whom an appeal is taken and whose role is to respond to, or defend, that appeal.

Arraignment - ANSWER-The initial step in a criminal prosecution whereby the defendant is brought before the court to hear the charges and enter a plea. Arrest - ANSWER-The taking or keeping of a person in custody by legal authority in response to a criminal charge. Articles of Incorporation - ANSWER-The governing document of the corporation, which must be filed with the Secretary of State in the state of incorporation. Articles of Limited Liability Partnership - ANSWER-Public document that must be filed with the Secretary of State in the state of incorporation. Assumption of the Risk - ANSWER-A defense used when it is alleged that the plaintiff assumed a risk knowingly and willingly of the possibility of harm. Attestation - ANSWER-Clause signed by witnesses to a will. Attorney-Client Privilege - ANSWER-A privilege protecting communications between a client and his/her lawyer. Bankruptcy Court - ANSWER-A U.S. District court subunit comprised of bankruptcy judges with the district and exclusively concerned with administering bankruptcy proceedings. Bargain and Sale Deed - ANSWER-A deed that conveys property to a buyer for a valuable consideration but that lacks any guarantee from the seller about the validity of the title. Bates Numbering - ANSWER-A universal system for identifying documents in litigation. Bench Trial (civil) - ANSWER-A trial before a judge without a jury. The judge decides questions of fact as well as questions of law. Bench Trial (criminal) - ANSWER-A trial before a judge without a jury. The defendant must waive his/her right to a jury trial to allow the judge to decide all questions of fact as well as questions of law. Beneficiary - ANSWER-Recipient of personal property under a will or the older of the equitable title under a trust. Bequest - ANSWER-Gift of personal property under a will, such as artwork or money; interchangeable with "legacy." Bifurcate - ANSWER-Separating issues in a dissolution action. A proceeding commonly used to obtain a termination of marital status while still resolving issues related to

division of property, support, custody and visitation. The court will retain jurisdiction to hear the remaining issues. Bifurcated Trial - ANSWER-The dividing of the proceeding into two phases; the guilt phase and the punishment phase. Bill - ANSWER-A draft of a law presented to a legislature for enactment. Blog - ANSWER-A website that contains an online personal journal with reflections and comments by the writer. Board of Directors - ANSWER-Individuals elected by the shareholders who are responsible for formulating policy and deciding the business activities in which the corporation should be engaged. The ___ _ ___ elects the officers of the corporation and also determines the capital structure, the sale of stock, payment of dividends and other business matters. Bond (civil) - ANSWER-An interest-bearing document giving evidence of a debt issued by a government body or corporation that is sometimes secured by a lien on property and is often designed to take care of a particular financial need. Bond (criminal) - ANSWER-Money held by the court when given by a criminal defendant or by his/her surety to ensure compliance with the terms of bail and especially with the requirement that the defendant appears in court as scheduled. Boolean Search - ANSWER-Search queries in online databases that allow the user to combine words and phrases with a series of operators to limit or define search parameters. Boolean operators are connect words like "and, "or" and "not." Burden of Proof - ANSWER-The duty to prove a disputed assertion or charge. Business Judgment Rule - ANSWER-Legal principle stating that corporate officers and directors are not liable for honest mistakes of business judgment when acting in good faith. Bylaws - ANSWER-A set of rules adopted by the board of directors which set forth the manner in which the business and affairs of the corporation will be managed. Canons of Professional Ethics - ANSWER-Standards promulgated by the ABA regulating the conduct of lawyers. Case Law - ANSWER-The law to be found in a collection of reported cases that form all or part of the body of law within a given jurisdiction. Causation - ANSWER-The act by which an effect is produced; one of four elements to be proven in a successful tort claim.

Cause-In-Fact - ANSWER-An action by the tortfeasor that resulted in an invasion of some legally protected interest of another to which the tortfeasor is held responsible for the harm caused. Certification - ANSWER-A voluntary form of regulation. CORE Registered Paralegal (CRP) - ANSWER-A designation used by a person who has successfully passed the PCCE. PACE Registered Paralegal (RP) - ANSWER-A designation used by a person who has successfully passed the PACE exam. Chain of Title - ANSWER-The succession of title ownership to real property from the present owner back to the original owner. Challenge for Cause - ANSWER-A party's challenge during voir dire, supported by a specific reason, such as bias or prejudice, which would disqualify that potential juror. Charging Document - ANSWER-A document in a criminal case that formally accuses a person of committing a crime, a/k/a indictment. Child Support - ANSWER-Payment made by the non-custodial parent to the custodial parent for the necessities of life (shelter, food, clothing, medical, etc.) for the benefit of the minor child(ren). Citation - ANSWER-(1) An official summons to appear in court; (2) reference to a statute, precedent-setting case or legal textbook; (3) section of a statute or name of the case, as well as the volume number, the report series and the page number of a case referred to in a brief, points and authorities, or other legal argument. Claw Back - ANSWER-A buffer for an attorney who realizes only after production that he/she has not adequately redacted the privileged or trial-preparation materials; the ___ ___ provision of Fed. R. Civ. P. 26(b)(5) allows that attorney to request that the information be returned immediately, while Fed. R. Civ. P. 16(b) permits parties to create their own agreement for asserting claims of attorney-client privilege or protection of trial preparation materials after accidental production. Clear and Convincing Evidence - ANSWER-The second highest degree of proof used in administrative cases, civil cases and preliminary criminal hearings. Closely Held Corporation - ANSWER-A privately held corporation whose stock is not traded on the national stock exchanges. Closing Argument - ANSWER-A prosecutor's/defense lawyer's final statement to the judge or jury before deliberation begins, at which time the prosecutor requests the judge

or jury to consider the evidence and render a verdict of "guilty;" and, at which time the defense lawyer requests the judge or jury to consider the evidence and apply the law in his/her client's favor. Cloud on Title - ANSWER-A defect or potential defect in the owner's title to a piece of land arising from some claim or encumbrance, such as a lien, an easement or a court order. Codicil - ANSWER-A legal instrument that modifies an earlier will. Collaborative Law - ANSWER-A form of alternative dispute resolution. The parties and attorneys work together in a determined spirit of cooperation to settle their dispute. Collateral Relative - ANSWER-Non-lineal blood relation. Commingling - ANSWER-Mixing of monies which should be separated. Common Law - ANSWER-A body of law that developed over time in England which resulted from judicial precedent and decisions. In America, ___ ___ refers to the body of case law developed by jurists through the history of the country. Community Property - ANSWER-Property owned in common by husband and wife as a result of its having been acquired during the marriage by means other than an inheritance or a gift to one spouse, each spouse holding a one-half interest in the property. Comparative Negligence - ANSWER-An alternative defense to contributory negligence theory which allows the liability of the defendant to be adjusted or reduced by the percentage of plaintiff's contribution to his/her own injuries. Compensatory Damages - ANSWER-Money awarded to compensate the victim for the tortfeasor's negligence. Complaint - ANSWER-A formal legal document that sets out the facts and legal reasons that the plaintiff believes support a claim against the defendant entitling the plaintiff to a legal remedy. Concurring Opinion - ANSWER-An opinion written by less than a majority of the judges on the court that agrees with the result reached by the majority, but not with all of its reasoning. Conflict of Interest - ANSWER-Representing more than one party in a matter when the parties have adverse interests. Consanguinity - ANSWER-Relationship determined by blood ties.

Consequential Damages - ANSWER-A legal term referring to an injury or loss that is sustained by someone as an indirect result of another person's action. Construction Lien (or mechanic's lien) - ANSWER-Allows certain persons and entities who provide labor or materials for the improvement of real property and who are not paid the statutory right to place a claim of lien on and ultimately foreclose on specific real property and any improvements thereon. Constructive Notice - ANSWER-Such notice as is implied or imputed by law, as in the case of notice documents that have been recorded in the appropriate registry of deeds. Constructive Trust - ANSWER-Implied trust used to right a wrong. Contributory Negligence - ANSWER-A defense to negligence claiming the plaintiff's own actions contributed to the injuries. Conventional Loan - ANSWER-A loan made by a private lender in which the lender usually does not have any insurance or guarantee from a third party, such as a government agency backing the loan should the borrower fail to meet his/her loan obligations. Conversion - ANSWER-Stealing; unauthorized temporary use of an asset, such as trust account funds. Cooperative - ANSWER-Not-for-profit organization formed by individuals to market products. Corporate Opportunity Doctrine - ANSWER-Principle established by case law that says corporate officers, directors and agents cannot take personal advantage of an opportunity that in all fairness should have belonged to the corporation. Corporation - ANSWER-A business entity, authorized by state law, that is formed and authorized to act as a single person and to raise capital by issuing stock to investors who are the owners of the ___. Corpus - ANSWER-Trust property. Court of Appeals - ANSWER-The court that hears the facts of a case by written argument, and possibly oral argument, which have already been argued at trial if that case on the district court level is not favorable to one party or another. Cross-Examination - ANSWER-The examination of a witness who has already testified in order to check or discredit the witness's testimony, knowledge or credibility. Curtesy - ANSWER-In common law, a husband's right, upon his wife's death, to a life estate in the land that his wife owned during their marriage, assuming that a child was

born alive to the couple. The right has been largely abolished, although the term is still included in certain forms/agreements. Decedent - ANSWER-A deceased person. Declaration of Trust - ANSWER-Instrument creating an inter vivos trust. Deed - ANSWER-A formal written instrument that conveys title to real property from one party to another. Deed of Trust - ANSWER-A deed conveying title to real property to a trustee as security until the grantor repays a loan. Default - ANSWER-The failure to do something required by law. Default Judgment - ANSWER-A binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. Defendant - ANSWER-The party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution. Degrees of Separation - ANSWER-Number of generations a person is removed from the decedent. Deliberation - ANSWER-The process by which the jurors weigh the evidence and facts of the case in order to reach a verdict. Deposition - ANSWER-The taking of out-of-court oral testimony of a witness under oath before a court reporter that is typically transcribed into a written transcript for later use in court or for discovery purpose. Devise - ANSWER-Testamentary gift of real property. Dictum - ANSWER-Statement, remark or observation included in case opinions not necessary for the decision of the matter. ____ are not binding on the court. Digest - ANSWER-Paragraph summaries of legal issues in a cases in a particular jurisdiction. These summaries are organized by topic and key number and are published by Thomson West. Direct Examination - ANSWER-The first questioning of a witness in a trial or other proceeding, conducted by the party who called the witness to testify.

Discovery - ANSWER-Efforts of a party in a lawsuit through his/her/its attorneys to obtain information before trial through interrogatories, requests for production, requests for admission and depositions. Dissenting Opinion - ANSWER-An opinion by one or more judges who disagree with the decision reached by the majority. Dissolution of Marriage - ANSWER-The act of formally terminating or dissolving the marriage and returning the parties to the status of unmarried persons. Distributee - ANSWER-Intestate inheritor of personal property. Diversity Jurisdiction - ANSWER-The jurisdiction granted to federal courts over civil disputes involving parties having diverse citizenship (as in being from different states) where the matter in controversy exceeds a statutory amount. Docket Number - ANSWER-A unique number assigned to each case (a/k/a case number) filed in the court by the court clerk. Doctrine of Laches - ANSWER-A legal right or claim may be barred from court if an unreasonable lapse of time in asserting that right or claim has prejudiced the adverse party, resulting in permanent damage to the adverse party's ability to defend him/herself. Donee - ANSWER-Recipient of a gift. Dower - ANSWER-In common law, the right of a wife, upon her husband's death, to a life estate in one-third of the land that he owned in fee. Due Care - ANSWER-Proper and sufficient care as far as circumstances demand it; the absence of negligence. Due Process - ANSWER-Guarantees that an accused shall receive a fair trial and shall not be deprived of life, liberty or property. Duress - ANSWER-A wrongful act or threat by one person that compels another person to perform some act, such as sign a contract, which he/she would not have performed voluntarily. As a result, there is no true meeting of minds of the parties and, therefore, there is no legally enforceable contract. Blackmail, threats of physical violence or threats to institute legal proceedings in an abusive manner can constitute ____. Duty of Care - ANSWER-The responsibility of corporate directors and officers to use care and diligence when acting on behalf of the corporation.

Easement - ANSWER-An interest in land owned by another person, consisting of the right to use or control the land, including the area above or below it, for a specific limited purpose. Electronic Discovery - ANSWER-Compiling, storing and securing of digital information, such as email, text messages and other electronic files and data. Electronically Stored Information (ESI) - ANSWER-Information created, manipulated, communicated, stored and best utilized in digital form, requiring the use of computer hardware and software. Encroachment - ANSWER-An infringement of another's rights or intrusion on another's property. Equitable Distribution/Division - ANSWER-Marital property is distributed fairly and not necessarily as an equal division of property. Equitable Title - ANSWER-Title giving the beneficiary the right to enjoy trust property subject to limitations imposed by the trustor. Escheat - ANSWER-The right of the state to take title to property after the death of a decedent if it appears certain that there are no heirs, descendants or named beneficiaries to take property upon the death of the last known owner. Escrow Account - ANSWER-A bank account held by a third party to be turned over only upon the fulfillment of some condition or by agreement of both parties. Estate - ANSWER-Interest in land; also, property of the decedent. Estate Administration - ANSWER-Process of collecting assets, paying debts, and distribution of a person's property after his/her death. Ethics - ANSWER-Principles of conduct governing an individual or group. Evidence - ANSWER-Something that tends to prove or disprove the existence of an alleged fact. ___ can be testimony, documents and tangible objects. Ex Parte - ANSWER-Latin term: "without the party." Generally, communication made to the court by one party, in the absence of the other party, which is generally forbidden. Exculpatory Clauses - ANSWER-A contractual clause that releases one party from liability in case of wrongdoing by the other party involved. Executive Order - ANSWER-An order issued by the President or Governor to direct action of government agencies.

Executor (male)/Executrix (female) - ANSWER-Personal representative named in a will. Exhibit - ANSWER-A document, record or other tangible object formally introduced as evidence in court. Expert Witness - ANSWER-A witness qualified by knowledge, skill, experience, training or education to provide a scientific, technical or other specialized opinion about the evidence or an issue of fact. Express Condition - ANSWER-A condition that is clearly stated in the language of the contract that defines a particular circumstance that either creates or removes an obligation for one or more of the contracting parties. Fact Finder - ANSWER-Generally, another term for juror. ___ ___s hear testimony and review evidence to issue a decision/render a verdict on the collective factual issues/the defendant's guilt or innocence. Fact Witness - ANSWER-Also known as a lay witness. Restricted to giving an opinion or making an inference that is based on first-hand knowledge and is helpful in clarifying the testimony or in determining the facts. Federal Courts - ANSWER-A court having federal jurisdiction, including the U.S. Supreme Court, circuit courts of appeals, district courts, bankruptcy courts and tax courts. Federalism - ANSWER-The division of powers between the branches of federal and state governments. Felony - ANSWER-A serious crime potentially punishable, under federal law, by imprisonment for more than one year or death. Fictitious Name - ANSWER-The operating name of a company, or the d/b/a (doing business as) name, as opposed to the legal name of the company. In the case of a corporation, a ___ business ___ is any name other than the corporate name stated in the articles of incorporation. Fiduciary - ANSWER-Trustee; a person held to a standard of care higher than ordinary care. Fixture - ANSWER-Personal property that is attached to land or a building, and that is regarded as an irremovable part of the real property, such as a built-in fireplace. Force Majeure - ANSWER-A common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime or an event described by the

legal term "act of God" (such as flooding, an earthquake, or a volcanic eruption), preventing one or both parties from fulfilling their obligations under the contract. Foreclosure - ANSWER-The forced sale of real estate to pay off a loan on which the owner of the property has defaulted. Foreign Corporation - ANSWER-A corporation incorporated in one state, but doing business in other states or jurisdictions. Foreperson - ANSWER-The juror who chairs the jury during deliberations and speaks for the jury in court by announcing the verdict. Foreseeability - ANSWER-The action by which, under particular circumstances, would produce an anticipated result such as an injury to someone. Form 706 - ANSWER-Federal estate tax return. Franchise - ANSWER-A party that owns a trade name or trademark (the franchisor) may contract with a party that wishes to sell, distribute or provide services and/or products using the trade name or mark (franchisee). Freelance Paralegal - ANSWER-A paralegal who does contract work for lawyers. General Lien - ANSWER-A lien that is not secured by any particular parcel of real property and, therefore, may affect all nonexempt property of a debtor. An example of a ___ ___ is a lien for federal estate taxes. If these taxes are not paid, the United States government may go after any nonexempt property of the decedent's estate, as full or partial satisfaction of the debt. General Partnership - ANSWER-Partnership in which management responsibilities and profits are equally divided among the partners; all partners have unlimited personal liability for the partnership's debts. General Warranty Deed - ANSWER-A type of deed by which the grantor states that he/she has valid title and will defend that title against defect arising from the actions of the grantor or those of the grantor's predecessors. A ___ ___ ___ provides the greatest degree of protection for the grantee. Gift - ANSWER-Transfer of property without consideration. Grand Jury - ANSWER-A body of people (usually 16 to 23) who are chosen to sit for extended periods of time and who, in ex parte proceedings, decide whether to issue indictments in criminal cases. Grantee - ANSWER-The person to whom the real property is to be conveyed.

Grantor - ANSWER-The person or entity that transfers ownership of the real property. Gross Negligence - ANSWER-A higher degree of disregard, inadvertence and indifference to a legal duty and the consequences of ignoring the legal duty. Guardian Ad Litem - ANSWER-Competent adult appointed by a court to represent an incapacitated person during litigation. Guardian of the Estate - ANSWER-Person appointed and legally authorized to manage the property of an incapacitated person. Guilty Plea - ANSWER-An accused person's formal admission in court of having committed the charged offense. Guilty Verdict - ANSWER-A jury's possible finding or decision on the factual issues of a case. Headnotes - ANSWER-Short paragraph summaries of individual legal issues in a case; they are editorial and not party of the official case opinion. Health Care Proxy - ANSWER-Legal document authorizing someone other than the principal to make health care decisions for the principal should the principal be unable to speak for him/herself. Hearsay - ANSWER-Testimony given by a witness who relates not what he/she knows, but what others have said. Heir - ANSWER-Intestate inheritor of real property. Holding - ANSWER-The court's statement of how the case should be disposed. Holographic Will - ANSWER-A will written in the testator's own hand. Hornbook - ANSWER-Often published as textbooks for law students; a primer for the student studying in a particular area. Id. - ANSWER-Refers to the immediately preceding citation. Implied Conditions - ANSWER-Those conditions that have not been expressly stated, but which the law presumes to be so inherently a part of the contract that it need not be set forth in clear and written terms. ____ ____ are to be understood by the parties. Implied Trust - ANSWER-Trust created by operation of law. Indictment - ANSWER-A formal, written accusation of a crime made by a grand jury and presented to a court for prosecution against the accused/defendant.

Information - ANSWER-A formal, criminal charge made by a prosecutor without a grand jury indictment. Infra - ANSWER-Refers to a case cited below. Inheritance Tax - ANSWER-Tax imposed in some states on the transfer of property from a decedent. Injunction - ANSWER-A court order that directs a party to refrain from or to perform certain acts. Insider Trading - ANSWER-Use of material, non-public information received from a corporate source by someone who has a fiduciary obligation to shareholders and potential investors and who benefits from trading on such information. Intangible Property - ANSWER-Property that has no intrinsic value in and of itself, but that represents something of value. Checks, stock certificates and patents are examples of ___ ___. Intent - ANSWER-The design, will or determination to act a certain way through a person's state of mind. Intentional Torts - ANSWER-Actions designed with intent that bring about a certain result from the act. Interest on Lawyer's Trust Account (IOLTA) - ANSWER-A mandatory trust account for depositing attorney's fees not yet earned. Interlocutory Appeal - ANSWER-An appeal that occurs before the lower/trial court's ruling on the entire case. Interrogatories - ANSWER-Written questions served by an opposing party which the receiving party is required to answer under oath. Inter Vivos Trust (a/k/a Living Trust) - ANSWER-Trust created during the life of the trustee to take effect during the trustor's life. Intestate - ANSWER-A person who dies without a valid will. Intestate Succession - ANSWER-Persons who are entitled to inherit property of a person who dies without a valid will. Invitation to Treat - ANSWER-An expression of willingness to negotiate. A person making an ___ ___ ___ does not intend to be bound as soon as it is accepted by the person to whom the statement is addressed.

Irreconcilable Differences - ANSWER-Ground for divorce. Neither party is considered to be at fault. Issue - ANSWER-(1) The legal question examined in a court of law or research memorandum; (2) direct lineal descendent. IRAC - ANSWER-Issue, Rule, Analysis, Conclusion. Jeopardy - ANSWER-The danger that an accused person is subjected to when on trial for a criminal offense. Joint Legal Custody - ANSWER-Both parents share responsibility of providing for the health, education and welfare of the minor child(ren). Joint Physical Custody - ANSWER-Both parents will spend equal or substantially equal time with the minor child(ren). Joint Stock Company - ANSWER-Partnership agreement in which members of the company own shares that are transferable, but all goods are held in the name of the members who assume partnership liability. Joint Tenancy - ANSWER-When two or more persons are equal owners of some property. Provides that each party owns an undivided interest in the entire parcel, with both having the right to use all of it and the right of survivorship (i.e., upon the death of one joint tenant, the other has title to it all). Joint Venture - ANSWER-Relationship or association between two or more persons, corporations or an agency set up for a specific business undertaking or limited time period. Judgment Lien - ANSWER-A court-ordered lien placed against property when the homeowner fails to pay a debt. Judicial Authority - ANSWER-Law as made by the courts through case decisions; a/k/a case law. Jurisdiction - ANSWER-The authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of cases. In Rem Jurisdiction - ANSWER-The power a court may exercise over real estate or personal property, i.e., large items of moveable property, such as a ship (to satisfy debts arising from the operation or use of the ship), located within the court's jurisdiction, or a "status" against a person over whom the court does not have personal jurisdiction. ___ ___ ___ assumes the property or status is the primary object of the action, rather than personal liabilities not associates with the property.

Quasi In Rem Jurisdiction - ANSWER-Refers to a legal action based on property right of a person absent from the jurisdiction. Any judgment will affect only the property seized. In a ___ ___ ___ ___case, the court may lack personal jurisdiction over the defendant, but it has jurisdiction over the defendant's property. The property could be seized to obtain a claim against the defendant. Personal Jurisdiction - ANSWER-The power of a court to hear and determine a lawsuit involving a defendant by virtue of the defendant's having some contact with the place where the court is located. This includes, but is not limited to, the defendant's residence within the state, out-of-state residents who have been in the state for a short period of time and corporations that were either incorporated in the state or do business within the state. Long-Arm Statute - ANSWER-A state statute allowing for the assertion of personal jurisdiction over a nonresident defendant who has some connection (such as ownership or use of property, transaction of business or commission of a tort) within the state. Subject Matter Jurisdiction - ANSWER-Federal courts, under federal statutes, have ___ ___ ___over matters involving a treaty, bankruptcy, copyright, some discrimination matters, maritime, patent issues, federal constitutional issues, actions where the U.S. government is a party and cases involving diversity of citizenship. Jurisprudence - ANSWER-The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do. Jury - ANSWER-A body of persons selected and legally sworn to render a verdict according to the evidence presented. Jury Instructions - ANSWER-The instructions or guidelines given by a judge concerning the law of the case. Jury Trial - ANSWER-A trial in which the factual issues are determined by a jury, not by a judge. Key Number - ANSWER-Thomson West publications assign a specific key number to every topic and subtopic; West uses this same code and the key logo throughout its publications. Laws of Succession - ANSWER-Statutes indicating a person's intestate heirs. Leading Question - ANSWER-A question that suggests the answer to the person being interrogated. A question that may be answered by either yes or no. Generally, only allowed in cross-examination.

Lease - ANSWER-A contract by which a rightful possessor of real property conveys the right to use and occupy that property in exchange for consideration, usually rent. Legacy - ANSWER-Gift of personal property, especially money, under a will; interchangeable with "bequest." Legal Separation - ANSWER-A proceeding in which the parties are granted a form separation of their marital status, yet still remain legally married to each other., Legatee - ANSWER-Recipient of money under a will. Lessor - ANSWER-One who conveys real or personal property by lease; a landlord. Letter of Deficiency - ANSWER-Informal letter issued by the SEC indicating what corrections need to be made in a registration statement in order for it to become effective. Letters of Administration - ANSWER-Court authorization to act on behalf of decedent's estate granted to an administrator/administratrix. Letters Testamentary - ANSWER-Court authorization granted to an executor/executrix. Lexis/Nexis - ANSWER-An electronic, online, legal database of cases, statutes, secondary sources and other legal documents that can be searched using either natural language or Boolean searches. Licensing - ANSWER-A mandatory form of regulation. Lien - ANSWER-A property right that remains attached to an object that has been sold, but not totally paid for, until complete payment has been made. Life Estate - ANSWER-Tenancy for the period of the tenant's life. Limited Liability Company (LLC) - ANSWER-Hybrid corporation-partnership, such as a Subchapter S corporation, but with fewer restrictions. Limited Liability Limited Partnership (LLLC) - ANSWER-Liability of all partners is the same even though there is a general partner. Liability is limited to the amount of the investment. Limited Liability Partnership (LLP) - ANSWER-Form of partnership in which all partners are limited and there are no general partners. This form of entity is often used by professionals as the partnership may continue even if one partner is sued; the partners are not jointly or severally liable.

Limited Partnership (LP) - ANSWER-A partnership that has one general partner responsible for managing the business, and one or more limited partners who invest in the partnership, but do not participate in its management and whos liability is limited to the amount of capital they contribute. Liquidated Damages - ANSWER-A stipulated contractual amount that the parties agree is a reasonable estimation of the damages owed to one party in the event of a breach by the other. Lis Pendens - ANSWER-Latin: A suit pending which concerns title to real property or some interest in that property. Litigation Hold - ANSWER-A/k/a stop destruction request; notice issued by either party to stop the destruction of pertinent electronic records such as email, calendar entries, contact and task lists because of anticipated or pending litigation. Living Will - ANSWER-Instrument indicating a person's wishes with respect to life support should he/she be unable to speak for him/herself at the time life support may be needed. Load File - ANSWER-A data file that defines the links between multiple records in a database and document images. Loan-to-Value Ratio - ANSWER-The percentage of the property's value that is mortgage; divide the mortgage amount by the home's Fair Market Value to get the LTVR. Magistrate Judge - ANSWER-Conducts all proceedings in a jury or non-jury civil matter provided all parties consent and trials of persons accused of misdemeanors if the defendant consents. Majority Opinion - ANSWER-An opinion joined in by more than half the judges considering a given case. Malice - ANSWER-Ill will or the intentional doing of a wrongful act or injury to someone without excuse. Mandatory Authority - ANSWER-Authority that is the primary authority in your jurisdiction, courts must follow ___ ___, absent a very compelling reason. Marital Deduction - ANSWER-Tax provision permitting property that goes to a surviving spouse to pass tax free, in unlimited amounts. Marital Property - ANSWER-The accumulation of property owned by the parties during the course of the marriage using income earned during the marriage, such as real property, bank accounts, brokerage accounts, pension plans.

Marital Settlement Agreement - ANSWER-A legal and binding contract between the parties setting forth the division of marital assets, terms of spousal support, child support and custody and visitation, also known as Marital Separation Agreement or Postnuptial Agreement. Marshalling Assets - ANSWER-Collecting and categorizing the estate of the decedent. Mechanics Lien - ANSWER-(Construction Lien) Mediation - ANSWER-A form of alternative dispute resolution where a neutral third party helps the parties resolve their differences. Mens Rea - ANSWER-Latin Term: "guilty, criminal mind or criminal intent." Metadata - ANSWER-Often described as "data about data." In the context of litigation, this term means information about electronic files, including author, time and date created, last revision, file size and a summary of the file. Misappropriation - ANSWER-Unauthorized use of trust account funds. Misdemeanor - ANSWER-A crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture or brief confinement in a place other than prison. Mortgage - ANSWER-An interest given on a piece of land, in writing, to guarantee the payment of a debt or the execution of some action. Mortgagee - ANSWER-One to whom property is mortgaged; the mortgage creditor or lender. Mortgagor - ANSWER-The person who has borrowed money and pledged his/her real property as security for the money provided by the lender (mortgagee) Motion - ANSWER-A formal request to a court for a specific ruling, order or direction; can be verbal or written. NFPA's Model Code of Ethics and Professional Responsibility - ANSWER-Standards of conduct for paralegals and guidelines for enforcement. National Stock Exchange - ANSWER-Entity for trading stocks of publicly held corporations. The two U.S. exchanges are the New York Stock Exchange (NYSE) and the National Association of Securities Dealers Automated Quotations (NASDAQ). Negligence - ANSWER-The failure to use such care as a reasonably prudent and careful person would use under the same or similar circumstances.

Negligence Per Se - ANSWER-An action or omission where the evidence is clear and not controverted and was in violation of a statute. Nolo Contendere Plea - ANSWER-A plea entered to the court whereby the accused does not contest or admit guilt; serves the same as a guilty plea. Nominal Damages - ANSWER-Small damages awarded to a plaintiff as a symbolic gesture. Nonmarital Children - ANSWER-Children born out of wedlock, or children from a former marriage or relationship. Nonresidential Alien - ANSWER-A person who does not meet the IRS green card or substantial presence test to be declared as a "resident alien"; generally, a new arrival on a J-1 or F-1 visa. ___ ___s are taxed differently than residential aliens. Notice Statute - ANSWER-A recording act providing that the person with the most recent valid claim, and who purchased without notice of an earlier, unrecorded claim, has priority. Novation - ANSWER-The act of either replacing an obligation to perform with a new obligation, or replacing a party to an agreement with a new party. Nuncupative Will - ANSWER-Oral will permitted in limited situations. Offeree - ANSWER-A person or entity to whom an offer to enter into a contract is made by another (the offeror) Offeror - ANSWER-A person or entity who makes a specific proposal to another (the offeree) to enter into a contract. Officers - ANSWER-Corporate employees who are appointed by the board of directors to manage the day-to-day operations of the corporations. Opening Statement - ANSWER-The prosecutor's and defense attorney's manner of relaying their client's version/theory of the case to give the jury of an idea of what the case will be about. The ___ ___s occur before the first witness testifies. Opinion - ANSWER-The written case decision handed down by a court. ___s contain the judicial and procedural history of a matter, the facts giving rise to the case, legal issues, discussion of legal authority relied on by the parties, and the authorities relied on by the court and the reasoning for replying on them and a decision/disposition of the case. Oral Argument - ANSWER-A spoken presentation before a court (especially an appellate court) supporting or opposing the legal relief at issue.

Paralegal - ANSWER-A person, qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. Paralegal Advanced Competency Exam [PACE] - ANSWER-An exam from NFPA, designed for experienced paralegals. Paralegal CORE Competency Exam [PCCE] - ANSWER-An exam from NFPA, designed for entry level paralegals. Parallel Citation - ANSWER-A citation to two or more reporters for the same case decisions. Parol Evidence Rule - ANSWER-Prohibits the introduction into a court of law of any oral or written agreement that contradicts the final written agreement. Paternity Action - ANSWER-A proceeding brought by either party, but often the mother, or a government agency to determine the father's identity. Per Capita - ANSWER-Equally to each person in his/her own right. Per Curiam Opinion - ANSWER-By the court as a whole. A court opinion, usually short in nature, which does not name the judge who wrote the opinion. Per Stirpes - ANSWER-Taking property by right of representation. Peremptory Challenge - ANSWER-One of a party's limited number of challenges during voir dire that does not need to be supported by a reason unless the opposing party makes a case showing that the challenge was used to discriminate on the basis of race, ethnicity or sex. Perfect Tender Rule - ANSWER-The legal right for a buyer of goods to insist upon "perfect tender" by the seller. In a contract for the sale of goods, if the goods fail to conform exactly to the description in the contract (whether as to quality, quantity or manner of delivery), the buyer may reject the goods. Performance - ANSWER-The act of completing a transaction according to the terms given in the contract. Personal Property - ANSWER-Property that is movable; not real estate. Persuasive Authority - ANSWER-Authority that is not mandatory for the court to follow; generally, authority issued by a nearby state on similar issues which can be cited in the absence of any mandatory authority on a particular issue.

Petition - ANSWER-In the context of litigation, a ___ is a formal, written request to a court for equitable relief. Piercing the Corporate Veil - ANSWER-Doctrine stating that if a shareholder dominates a corporation or misuses it for improper purpose, the corporate entity may be disregarded and the shareholder may be personally liable for the corporation's debts and obligations. Plaintiff - ANSWER-The party who initiates a lawsuit by filing a complaint with the court against one or more defendants, seeking a legal remedy. Plea - ANSWER-An accused person's formal response of guilty, not guilty or no contest. Plea Agreement/Plea Bargain - ANSWER-A negotiated agreement between a prosecutor and a criminal defendant whereby the defendant pleads guilty to a lesser offense in exchange for a more lenient sentence and/or a dismissal of the other charges. Pleading - ANSWER-A written document (e.g., complaint or answer) with formal declarations by the parties in a lawsuit setting forth claims, averments, allegations, denials or defenses. Pocket Part - ANSWER-Updates to legal publications in the form of soft inserts typically stapled together and inserted into a special pocket at the back of bound volumes until the new, bound volume is available. Police Powers - ANSWER-A state's Tenth Amendment right, subject to due process and other limitations, to establish and enforce laws protecting the public's health, safety and general welfare, or to delegate this right to local government. ___ ___ include licensing, inspection and zoning, among others. Pour-Over Will - ANSWER-Includes provisions for property that may not have been identified in an inter vivos trust. Power of Appointment - ANSWER-Ability of testator to select a person who will be given authority to dispose of certain property under a will. Power of Attorney - ANSWER-Legal document authorizing someone to act on the behalf of the signatory. Precedent - ANSWER-A prior decision that can be used later as a standard in a similar case. Prenuptial/Antenuptial Agreement - ANSWER-A written contract entered into prior to marriage that specifies how property will be divided upon divorce or death of a spouse; also known as Premarital Agreement.

Preponderance of the Evidence - ANSWER-Evidence which is of greater weight or more convincing than the evidence offered in opposition. Primary Authority - ANSWER-Original source material that contain the law, including judicial decisions, statutes and administrative regulations. Principal - ANSWER-Trust property of cash; also, a person who has controlling authority. Private Mortgage Insurance (PMI) - ANSWER-Insurance from which the benefits are intended to insure the portion of the loan that exceeds the typical, conventional loan-to- value ratio. Privilege - ANSWER-A right or immunity granted as a peculiar benefit. Clergy-Penitent Privilege - ANSWER-Protects communications between a religious officiant and a penitent. Physician-Patient Privilege - ANSWER-Prevents release of medical records without permission from patient. Privilege Against Self-Incrimination - ANSWER-The premise which prohibits a defendant from being required to testify against him/herself. Public Interest Privilege - ANSWER-Prevents compulsory disclosure of documents or information which is against the public interest. Spousal Privilege - ANSWER-Gives a husband and wife the right to refuse to testify about confidential statements made to one another. Without Prejudice Privilege - ANSWER-The premise of one not losing or waiving any rights or privileges. Probable Cause - ANSWER-A reasonable ground to suspect that a person has committed, or is committing, a crime or that a place contained specific items connected with a crime. ___ ___ is more than a bare suspicion but less than evidence than would justify a conviction must be shown before an arrest warrant or search warrant may be issued. Probate - ANSWER-To prove a will is valid. Process Server - ANSWER-A person who delivers legal papers in lawsuits, either as a professional or as a government official (e.g., deputy sheriff, marshal or constable).

Professional Corporation (PC) - ANSWER-Corporation organized by doctors, dentists, lawyers, accountants and other licensed professionals specified in state statutes. Promissory Estoppel - ANSWER-A term used in contract law that applies where, although there may not otherwise be an enforceable contract because one party has relied on the promise of the other, it would be unfair not to enforce the agreement. Promissory Note - ANSWER-An unconditional, written and signed promise to pay a certain amount of money on demand or at a certain, defined date in the future. Property - ANSWER-Anything owned by a person or entity; everything subject to ownership; the right to possess, use, and enjoy a determinate thing (either a tract of land or chattel); the right of ownership; any external thing over which the rights of possession, use and enjoyment are exercised. Prosecutor - ANSWER-An attorney who conducts proceedings in court on behalf of the government. Proximate Cause - ANSWER-A natural, continuous sequences of events set into motion by the tortfeasor; and, when unbroken, products injury - without such action, the results or injuries would not have occurred. Proxy - ANSWER-A person or power authorized to act for another. Public Access to Court Electronic Records (PACER) - ANSWER-The federal courts' online database for retrieving and accessing court filings and court decisions. Publicly Held Corporation - ANSWER-Corporation whose stock is traded on at least one national securities exchange. Punitive Damages - ANSWER-Damages awarded to a plaintiff in order to punish the defendant and to keep a particularly bad act from happening again. Putative Spouse - ANSWER-A person who believes in good faith, that his/her marriage was valid. Considered the innocent party in an annulment proceeding. Quiet Enjoyment (Covenant of) - ANSWER-A formal and binding agreement, usually inserted in leases and conveyances on the part of the grantor, promising that the tenant or grantee shall enjoy the possession of the premises in peace without disturbance. Quitclaim Deed - ANSWER-A deed in which the grantor transfers whatever interest he/she may have without making any warranties regarding the quality of the title. Race-Notice Statute - ANSWER-A recording law providing that the person who records first, without notice of prior unrecorded claims, has priority.

Race Statute - ANSWER-A recording act providing that the person who records first, regardless of notice, has priority. Real Property - ANSWER-A type of tangible property comprised of land and all things affixed to it, such as homes, office buildings or shopping centers, as well as natural objects on or growing on the land. Real property includes anything that is attached which would cause injury to the land if severed. Reasonable Care - ANSWER-A degree of care which a person of ordinary prudence would exercise in the same or similar circumstances. Reasonable Doubt - ANSWER-The highest degree of proof required to determine whether a criminal defendant is guilty. Remainderman - ANSWER-Person to whom legal and equitable titles merge. Remand - ANSWER-To return to the lower court, usually with instructions from the appellate court. Reporters - ANSWER-Legal books published by Thomson West that include case law decisions issued by various courts. Request for Admissions - ANSWER-Written statements served on the opposing party requiring a response in which the opposing party must admit or deny the truthfulness of a fact or opinion and/or authenticate the genuineness of a document. Request for Production of Documents - ANSWER-Written request served by an opposing party which seek the production of documents, correspondence, videos and/or any other tangible evidence relating to the action. Res Ipsa Loquitor - ANSWER-Latin: the thing speaks for itself; a theory of negligence used when there is a rebuttable presumption or inference that defendant was negligent. Res Judicata - ANSWER-Latin: a thing decided. Rescission - ANSWER-Terminates the contract, and the parties are placed in the position of never having entered into the contract. Respondeat Superior - ANSWER-Latin: "let the master answer," the master [employer] is liable in certain cases for the wrongful acts of his/her servant [employee]. Restatement - ANSWER-A document that is produced by a legal experience which restates all of the elements of an area in an organized manner; ___ are secondary sources.