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CIVIL LIT 140
VOCAB Chapter 2
33
Law
Graduate
11/05/2012

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Cards

Term
Cause of action
Definition
Theory of recovery that entitles plaintiff to recover against the defendant.
Term
Affirmative defense
Definition
Defense pleaded by the defendant that if proved, denies recovery to the plaintiff
Term
Strong's NC Law Index
Definition
Index of nc state laws, statutes, constitution, and court rules.
Term
West's NC Digest
Definition
Short summaries and case notes in a key index of nc state and federal cases
Term
NC General Statutes/Annotated
Definition
Laws made by NC legislature/ with comments
Term
NC Pattern Jury Instructions
Definition
Instructions compiled by NC Conference of Superior Court judges; these forms assist judges in instructing the jury in elements of various claims and defenses and relief.
Term
Litigation chart
Definition
Chart used to diagram what needs to be proven or disproven in a case and how to do it.
Term
Elements
Definition
Points of a case that musts be proven
Term
Negligence
Definition
A cause of action in which the plaintiff must allege a duty of care by one party to another that was breached and that was the cause of plaintiffs damages.
Term
Breach of contract
Definition
A cause of action that alleges a contract was breached by the defendant, causing damages to the plaintiff. Also, plaintiff must allege that he performed under the contract or is caused from performing.
Term
Contributory negligence
Definition
Having some fault to an accident or injury
Term
Counterclaim
Definition
Claim in the form of a pleading brought by the defendant against the plaintiff as part of the same lawsuit.
Term
Rainmaking
Definition
The process of generating business through contacts in the community.
Term
Search Engine optimization
Definition
Set up the website using certain words in the page and tag them so that google, yahoo, etc can pick up your website when they search.
Term
Pay-per-click advertising
Definition
Advertising that pops up on a website when a user clicks you have to pay for the advertising . Colored boxes in a search page are ads.
Term
Direct solicitation
Definition
Soliciting business following rules of conduct governed by the NC Bar. Cannot call potential clients directly, etc.
Term
Conflicts check
Definition
Checking that individuals taking a case do not have prior involvement with the parties involved in the case.
Term
Empathy
Definition
Having a sense or feeling for the situation the client feels
Term
Narrative
Definition
Having a client tell the story without being interrupted.
Term
Client diary
Definition
Clients thoughts and comments regarding a situation
Term
Statute of limitations
Definition
Date past which you can no longer file a claim against a defendant.
Term
Letter of representation
Definition
A letter indicating a lawyer will provide you representation and the terms
Term
Crash report
Definition
Report of a vehicle collision completed by the police
Term
Diagram
Definition
A picture of the auto accident
Term
Exhibits
Definition
Tangible evidence presented in the case to prove points at trial
Term
Authentication
Definition
Term
HIPAA
Definition
Health insurance portability and accountability act
Term
HIPAA Release
Definition
A form signed by client to access medical records protected by HIPAA.
Term
Med pay insurance
Definition
Insurance provision in auto insurance that covers medical bills of individuals in the wreck.
Term
Explanation of benefits
Definition
The description of services performed by a healthcare provider including fees charged and allowed.
Term
Health care provider lien
Definition
Healthcare providers are due payment for services and can recovery such payment in a personal injury lawsuit.
Term
Cpt codes
Definition
Codes used by health care providers to indicate types of services.
Term
Experts (two uses)
Definition
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