Familay law chapter 1
Terms
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- 1. Conflict of interest
- A situation or circumstance that interferes with the attorney's or paralegal's duties of zealous advocacy and loyalty to the client
- 2. Contingent fee
- The payment of a certain percentage of the amount recovered by the client in a settlement or court judgment (plus fees and costs) based on results obtained; common in personal injury cases but generally not permitted in divorce cases except in limited circumstances such as collection of past due child support
- 3. Ex parte
- Without advance notice to or hearing argument from the opposing party based on the urgency of the matter or the harm that might otherwise result
- 4. Fee agreement
- A contract between an attorney and a client regarding payment for the attorney's professional services
- 5. Guardian ad litem
- A person usually a lawyer appointed by the court to conduct an investigation or to represent a party who is a minor or otherwise unable to represent him or herself in a legal proceeding; the guardian's role may be limited to a particular matter, such as custody
- 6. No-fault divorce
- Divorce based on an irremediable breakdown of the marital relationship rather than on the fault of one or both parties
- 7. Personal jurisdiction
- The authority of a court to issue and enforce orders binding a particular individual; sometimes called in personam jurisdiction
- 8. Pro se
- Latin for self the condition under which a person represents himself or herself in a legal proceeding without the assistance of an attorney
- 9. Qualified domestic relations orders (QDROs)
- A court order directing the administrator of a pension plan to pay a specified portion of a current or former employee's pension to an alternate payee to satisfy a support or other marital obligation
- 10. Subject matter jurisdiction
- The authority of a court to hear and decide a particular type of claim or controversy