Chapter 9 Investigations Flashcards Preview

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Flashcards in Chapter 9 Investigations Deck (55)
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1

Reasonable efforts to find and verify factual information needed to carry out an obligation, to avoid harming someone, or to make an important decision, e.g. to determine the true market value on an investment.

Due Diligence

2

the process of gathering additional facts and verifying presently known facts in order to advise a client on how to solve or avoid a legal problem.

Legal Investigation

3

(1) an actual event; a real occurrence. Anything that is alleged to exist, e.g, an incident, a relationship, an intention, an opinion or an emotion (2) an event or state of mind that can lead to (but is separate from) its legal consequences.

Fact

4

an argument resolving a dispute without full litigation

Settlement

5

to challenge; to attack the credibility of

Impeach

6

compulsory pretrial disclosure of information related to litigation by one party to another party. Can also be used in post judgment enforcement proceedings.

Discovery

7

a method of discovery by which parties and their prospective witnesses are questioned before trial. A pretrial question and answer session to help parties prepare for trial.

Deposition

8

take down in a word for word account

transcribed

9

A method of discovery consisting of written questions sent by one party to another to assist the sender to prepare for trial.

Interrogatories

10

A method of discovery in which one party asks another to admit or deny the substance of a statement, e,g., a statement of a fact or of the application of law to a fact.

request for admission

11

anything that could be offered to prove or disprove an alleged fact. Examples include testimony, documents and fingerprints.

Evidence

12

enough evidence to establish the truth or falsity of a fact.

Proof

13

non procedural laws that define or govern rights and duties

Substantive Law

14

A question that suggests an answer in the question

Leading question

15

evidence of an oral statement

Parol Evidence

16

Evidence that can be seen or touched; evidence that has physical form.

Tangible Evidence

17

A statute that gives citizens access to certain information in the possession of the government.

Freedom of Information Act

18

not working for one side or the other in a controversy; not deriving benefit if one side of a dispute wins or loses; objective.

Disinterested

19

prejudice for or against something. An inclination or tendency to think and to act in a certain way. A danger of prejudgment.

Bias

20

(1) A command to appear in a court, agency or other tribunal. (2) ordered to turn over or produce something.

Subpoenaed

21

The person to whom the court awarded money judgment (damages) is owed.

Judgment creditor

22

the person ordered by the court to pay a money judgment (damages)

Judgment Debtor

23

an individual, business, or other organization with resources to pay a potential judgment (2) sufficient assets for this purpose

Deep Pocket

24

Efforts to locate a person or assets

Skip Tracing

25

an assertion of the truth of a fact

Admission

26

an agreement between opposing parties about a particular matter

stipulation

27

a courts acceptance of a well known fact without requiring proof of that fact.

judicial notice

28

an assumption of interference that a certain fact is true once another fact is established

presumption

29

not conclusive; evidence to the contrary is admissible.

Rebutable

30

Conclusive; evidence to the contrary is inadmissible.

Irrebutable