Chapter 2 -- Informal Fact Gathering and Investigation -- Terminology Flashcards Preview

LAS109 - Civil Pro I > Chapter 2 -- Informal Fact Gathering and Investigation -- Terminology > Flashcards

Flashcards in Chapter 2 -- Informal Fact Gathering and Investigation -- Terminology Deck (16):
1

Defense pled by the defendant in the answer that, if proven, denies recovery to the plaintiff

Affirmative defense

2

A cause of action that requires the plaintiff to allege a contract that was breached by the defendant, causing damages to the plaintiff. Plaintiff must also allege that plaintiff has either performed under the contract or is excused from performing on the contract.

Breach of contract

3

Theory of recovery that entitles the plaintiff to recover against the defendant

Cause of action

4

establishing evidence of a piece of evidence at all times prior to its possible use at trial

chain of custody

5

A worldwide computer network of information databases

Internet

6

Instructions that itemize the elements for various claims, reliefs and defenses

jury instructions

7

Type of cause of action. To state a claim for negligence, the plaintiff must allege a duty of care by one party to another that was breached and tat was the cause of the plaintiff's damages

negligence

8

Tangible personal property such as vehicles, machinery, and consumer products that may be used as trial exhibitions

physical evidence

9

Claim in the form of a pleading brought by the defendant against the plaintiff as part of the same lawsuit

counterclaim

10

Tangible items of evidence presented at trial

exhibits

11

The judge or jury that reviews the disputed events and determines the facts

factfinder

12

The discrediting of witness' testimony so that the statements made by the witness will not be believed by the trier of fact

impeachment

13

Case in which each element of the plaintiff's claim can be proven

prima facie case

14

Statute that limits the time period in which an action may be brought

statute of limitations

15

Court order compelling a nonparty to appear or produce documents or other tangible items

subpoena

16

Someone who is not a party to the lawsuit but who is in possession of evidence necessary for the lawsuit

third party