lawyer word for how things are done based on past

What are some words to describe a lawyer?

stare decisis: Latin for “to stand by things decided,” to adhere to precedents of earlier cases as sources of law. When an issue has already been ruled upon by a court, other cases involving the same issue must receive the same response from that court or lower courts. statute: A written law passed by Congress or another legislative body.

What is the best way to use Microsoft Word for lawyers?

A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action. Clerk of court.

What are some of the most confusing words lawyers use?

continuance - Decision by a judge to postpone trial until a later date. contract - An agreement between two or more persons that creates an obligation to do or not to do a particular thing. conviction - A judgment of guilt against a criminal defendant. counsel - Legal advice; a term used to refer to lawyers in a case.

How are lawyers licensed and disciplined?

lawyered. simple past tense and past participle of lawyer. Examples: “This idea may not even require a Memorandum of Understanding, a heavily lawyered process that failed other cities in the past.”. “The heavily lawyered press release is very suspicious and leads one to conclude that he had in fact divulged the information.”. “A substantial and somewhat turgid passage that will …

What is precedent in law?

Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. Precedent is incorporated into the doctrine of stare decisis and requires courts to apply the law in the same manner to cases with the same facts.

What is the difference between stare decisis and precedent?

Precedent is a legal principle or rule that is created by a court decision. This decision becomes an example, or authority, for judges deciding similar issues later. Stare decisis is the doctrine that obligates courts to look to precedent when making their decisions.Aug 23, 2021

What is a binding precedent?

Binding precedent. Precedent that a court must abide by in its adjudication of a case. For example, a lower court is bound by the decision of a higher court in the same jurisdiction, even if the lower court judge disagrees with the reasoning or outcome of that decision.

What is the meaning of prima facie in law?

Overview. Prima facie may be used as an adjective meaning "sufficient to establish a fact or raise a presumption unless disproved or rebutted." An example of this would be to use the term "prima facie evidence."

What is constitutional stare decisis?

The doctrine of stare decisis allows the Supreme Court to uphold laws that violate the Constitution and invalidate laws that don't. It is not clear how that practice can be reconciled with the written Constitution, a docu- ment that the justices are bound by oath to uphold.

What are the two principles that make up the legal doctrine of stare decisis?

A stare decisis is a common Law doctrine that makes judges follow the precedent established when making a decision. The two aspects of a stare decisis is that the judge should follow the precedents in making a decision unless given a reason not to do so, and decisions made in a higher court are binding on lower courts.

What is obiter dicta in law?

obiter dictum, Latin phrase meaning “that which is said in passing,” an incidental statement. Specifically, in law, it refers to a passage in a judicial opinion which is not necessary for the decision of the case before the court.

What are the 4 types of precedents?

Kinds of Precedents:Authoritative precedents: These are those precedents which are binding on all the courts. ... Persuasive precedents: They do not have any legal force or effect in themselves. ... Original precedents: According to Salmond these precedents establish or create new law. ... Declaratory precedents:

What are the 3 types of precedent?

A judgement may be an original precedent, binding precedent or persuasive precedent.

What does Ultima facie mean?

Define Ultima Facie. All things considered. Define intrinsically valuable. Valuable in an essential or natural way.

What is convenience balance?

v. Satyanarayan Singh[8], observed: 'Balance of convenience' means the comparative mischief or inconvenience to the parties. The inconvenience to the plaintiff, if temporary injunction is refused, would be balanced and compared with that to the defendant if it is granted.Aug 23, 2016

What is the meaning of rebuttable?

to refute, counteract, or disprove: to refute, counteract, or disprove (as opposing evidence) by evidence or argument rebut damaging testimony rebut a presumption. Other Words from rebut. rebuttable adjective.

Where did the common law originate?

The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation. Community service.

What is an adversary proceeding?

Adversary proceeding. A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is , a "trial" that takes place within the context of a bankruptcy case. Affidavit. A written or printed statement made under oath.

What is an acquittal?

Acquittal. A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction. Active judge. A judge in the full-time service of the court. Compare to senior judge.

What is an affidavit in court?

Affidavit. A written or printed statement made under oath. Affirmed. In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.

What is an amicus curiae?

Amicus curiae. Latin for "friend of the court.". It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case. Answer. The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense. Appeal.

What is an appeal in court?

Appeal. A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal.". One who appeals is called the "appellant;" the other party is the "appellee.".

What is the power of an appellate court?

About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts. Appellee.

What is the appellant in a lawsuit?

To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.

What is a counterclaim?

Counterclaims can often be brought within the same proceedings as the plaintiff’s claims. court - Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs.".

How many judges are in a court of appeals?

Refers to court sessions with the entire membership of a court participating, rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases they deem important enough to be decided by the entire court.

How many people are on a federal criminal jury?

Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. plaintiff - The person who files the complaint in a civil lawsuit. plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges in open court.

What is an affidavit in court?

affidavit - A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority. affirmed - Judgment by appellate courts where the decree or order is declared valid and will stand as decided in the lower court.

What is the power of an appellate court?

appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.

What is bail in criminal law?

bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.

What is a deposition in court?

Deposition: Testimony of a witness taken, under oath, in response to another party's questions. Testimony given outside the courtroom, usually in a lawyer's office. A word for word account (transcript) is made of the testimony.

What is an assistant attorney general?

Assistant Attorney General: An attorney who represents a state agency in civil cases. Attachment: A lien on property or assets to hold it to pay or satisfy any final judgment. Attorney of Record: Attorney whose name appears in the permanent records or files of a case.

What is a juvenile in criminal law?

Delinquent: In civil or family cases, failing to pay an amount of money when due: In juvenile cases, a child who violated a law, local ordinance, or an order of the Superior Court.

What is adult court transfer?

Adult Court Transfer: The transfer of juveniles who are at least fourteen years old to regular criminal dockets in Geographical Area or Judicial District courts. Also involves the transfer from a Juvenile Detention Center to the State Department of Correction.

What is adult probation?

Adult Probation: A legal status, applied to people 16 years of age and older, who have been convicted of a crime and placed under the supervision of a probation officer for a period of time set by the court.

What is the Alford doctrine?

Alford Doctrine: A plea in a criminal case in which the defendant does not admit guilt, but agrees that the state has enough evidence against him or her to get a conviction. Allows the defendant to enter into a plea bargain with the state. If the judge accepts the Alford Plea, a guilty finding is made on the record.

What is an amicus curiae brief?

Amicus Curiae brief: A Latin term meaning “friend of the court.”. An Amicus Curiae brief is filed by someone who is not a party to a case but has an interest in its outcome. A person who wants to file an amicus curiae brief usually has to get the court’s permission to do so.

Why do we use Microsoft Word?

By using Microsoft Word to its fullest, you can create, format, and edit your documents more efficiently—so you can better meet your deadlines and be more confident in the accuracy of your documents. The more you invest in learning new tricks to save time in Word, the more opportunities you’ll unlock to save time on routine tasks, dedicate more time to billable work, and focus on helping your clients.

What does "mark as final" mean in Word?

Mark as Final: For read-only status. There’s another option for keeping edits under control—use the Mark as Final function. By marking a document as final in Word, you effectively set its status as read-only, which disables or turns off typing, editing commands, and proofing marks.

Why is consistent formatting important?

Consistent formatting instantly makes any document look more professional and feel more readable— but manually reformatting headings and tinkering with fonts and spacing is frustrating, and a waste of your precious time.

What is navigation pane in Word?

When writing long documents, the Navigation pane in Word helps track your content and keeps you organized. Put simply, it’s a table of contents of all the headings in your document. Using it allows you to switch between sections with ease.

How to add a hyperlink to a Word document?

Add the hyperlink by pasting the URL via: Insert > Hyperlink, or. right-click and select Hyperlink, or. “Ctrl + K” (PC) or “Command + K” (Mac).

Why is it important to use templates and styles?

Using templates and Styles is useful for creating a cohesively formatted document in Word, but what if your document is already a mess? As this CaseFleet post explains, it’s important to know the shortcut to resetting your formatting.

What is the developer tab in Word?

The Developer tab provides tools to help customize your experience in Word, including the ability to add text fields and checkboxes to documents. For lawyers, the Developer tab is also useful for creating electronic forms.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What to do if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument.

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

What does recess mean in school?

In the legal world, recess refers to a break in a trial or court proceeding.

What is a wobbler?

In legal contexts, a wobbler is a case that teeters on the edge of being a crime and a misdemeanor.