Mixed Deck — All Legal Support Topics Flashcards

What must be included in a valid contract?

Answer: Offer, acceptance, and consideration

A valid contract requires an offer by one party, acceptance of that offer by the other party, and consideration (something of value exchanged by each party).

What is a Request for Admission in civil litigation?

Answer: A written request asking the opposing party to admit or deny specific statements of fact

A Request for Admission asks the opposing party to admit or deny specific facts, which narrows the issues that must be proven at trial.

What is the purpose of a 'closing letter' to a client at the end of representation?

Answer: To formally terminate the attorney-client relationship and outline final obligations

A closing letter formally ends the attorney-client relationship, summarizes the final outcome, confirms any remaining obligations, and advises on future legal needs.

What is 'annotated code' in statutory research?

Answer: A statutory compilation that includes summaries of cases interpreting each statute

An annotated code is a compilation of statutes that includes not only the text of the law but also citations and summaries of court decisions that have interpreted each statutory provision.

What is 'The Bluebook' in legal practice?

Answer: The standard guide for legal citation format used in US courts and law reviews

The Bluebook: A Uniform System of Citation is the standard reference guide for legal citation format, used by most US law reviews, courts, and legal professionals.

What is a 'lien' in property law?

Answer: A legal claim against property as security for a debt

A lien is a legal right or claim against a debtor's property, granted to a creditor as security until the debt is paid.

What is 'voir dire' in court proceedings?

Answer: The jury selection process

Voir dire is the process of questioning prospective jurors to determine their suitability and impartiality for a particular trial.

What constitutes 'zealous advocacy' by an attorney?

Answer: Diligently representing a client's lawful interests within ethical bounds

Zealous advocacy means an attorney must diligently and thoroughly represent their client's legal interests, but only through means permitted by law and professional ethics.

What is a 'litigation hold' (also called a 'legal hold')?

Answer: A directive issued to preserve all documents, data, and other evidence potentially relevant to anticipated or pending litigation

A litigation hold suspends routine document deletion and requires relevant custodians to preserve all potentially relevant information once litigation is reasonably anticipated.

What is an 'appellate brief'?

Answer: A written legal argument submitted to an appeals court

An appellate brief is a written document submitted to an appellate court that presents legal arguments for why the lower court's decision should be affirmed or reversed.

What is the formal pretrial process in which parties obtain evidence from each other and from third parties?

Answer: Discovery

Discovery is the pretrial phase in which each party can obtain evidence from the opposing party and witnesses to prepare for trial.

What is a 'retainer agreement' between an attorney and client?

Answer: A contract outlining legal services, fees, and client responsibilities

A retainer agreement is a contract between a lawyer and client that defines the scope of legal services, fee arrangements, billing procedures, and client obligations.

What is a 'counterclaim' in civil litigation?

Answer: A claim filed by the defendant against the plaintiff

A counterclaim is a legal claim asserted by the defendant against the plaintiff in the same lawsuit, responding to the original complaint.

What is 'direct examination' in trial procedure?

Answer: Questioning of a witness by the party who called them

Direct examination is the initial questioning of a witness by the attorney who called that witness to testify on their party's behalf.

What does 'in camera' mean in court proceedings?

Answer: A private hearing in the judge's chambers or closed court

In camera refers to a proceeding held in the judge's private chambers or with the public excluded from the courtroom to protect sensitive information.

What does 'stare decisis' mean in the context of legal research?

Answer: The doctrine that courts should follow precedent established in prior decisions

Stare decisis is the legal doctrine that courts should follow precedent from prior decisions when the same issue arises, promoting consistency and predictability in the law.

What is a 'subpoena duces tecum'?

Answer: A command requiring a person or entity to produce specified documents, records, or other tangible evidence

A subpoena duces tecum compels a person to produce documents or other tangible items; it is commonly used to obtain records from non-parties such as banks or hospitals.

What is the 'best evidence rule' in evidence law?

Answer: The principle that to prove the content of a document, the original document must be produced unless an exception applies

The best evidence rule (FRE 1002) requires the original of a writing, recording, or photograph to prove its content, though duplicates and other substitutes are allowed under specific conditions.

What is 'standing' in federal court?

Answer: The legal right to bring a lawsuit in court

Standing is a legal requirement that a party must have a sufficient connection to and harm from the law or action being challenged in order to bring a case.

What is 'spoliation' of evidence?

Answer: The intentional or negligent destruction, alteration, concealment, or failure to preserve evidence relevant to pending or reasonably anticipated litigation

Spoliation occurs when a party fails to preserve evidence it had a duty to retain; courts may impose sanctions including adverse inference instructions against the spoliating party.