Chapter 9 Investigations

Question 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.

Answer 1

Due Diligence

Question 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.

Answer 2

Legal Investigation

Question 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.

Answer 3

Fact

Question 4

an argument resolving a dispute without full litigation

Answer 4

Settlement

Question 5

to challenge; to attack the credibility of

Answer 5

Impeach

Question 6

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

Answer 6

Discovery

Question 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.

Answer 7

Deposition

Question 8

take down in a word for word account

Answer 8

transcribed

Question 9

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

Answer 9

Interrogatories

Question 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.

Answer 10

request for admission

Question 11

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

Answer 11

Evidence

Question 12

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

Answer 12

Proof

Question 13

non procedural laws that define or govern rights and duties

Answer 13

Substantive Law

Question 14

A question that suggests an answer in the question

Answer 14

Leading question

Question 15

evidence of an oral statement

Answer 15

Parol Evidence

Question 16

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

Answer 16

Tangible Evidence

Question 17

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

Answer 17

Freedom of Information Act

Question 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.

Answer 18

Disinterested

Question 19

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

Answer 19

Bias

Question 20

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

Answer 20

Subpoenaed

Question 21

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

Answer 21

Judgment creditor

Question 22

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

Answer 22

Judgment Debtor

Question 23

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

Answer 23

Deep Pocket

Question 24

Efforts to locate a person or assets

Answer 24

Skip Tracing

Question 25

an assertion of the truth of a fact

Answer 25

Admission

Question 26

an agreement between opposing parties about a particular matter

Answer 26

stipulation

Question 27

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

Answer 27

judicial notice

Question 28

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

Answer 28

presumption

Question 29

not conclusive; evidence to the contrary is admissible.

Answer 29

Rebutable

Question 30

Conclusive; evidence to the contrary is inadmissible.

Answer 30

Irrebutable

Question 31

allowed into court to determine its truth or believability

Answer 31

admissible

Question 32

Evidence (based on personal knowledge or observation) that tends to establish a fact (or to disprove a fact) without the need for an inference. Also called positive evidence.

Answer 32

Direct Evidence

Question 33

Evidence from one fact in which another fact ( not personally observed or known) can be inferred. Also called indirect evidence.

Answer 33

Circumstantial Evidence

Question 34

logically tending to establish or disprove a fact

Answer 34

Relevant

Question 35

allowed to give testimony because the person understands the obligation to tell the truth, has the ability to communicate, and has knowledge of the topic of his or her testimony.

Answer 35

Competent

Question 36

the extent to which something is believable

Answer 36

Credibility

Question 37

an inference from a fact

Answer 37

opinion

Question 38

an out of court statement offered to prove the truth of the matter asserted in the statement

Answer 38

Hearsay

Question 39

a person who makes a declaration or statement

Answer 39

Declarant

Question 40

a special legal benefit, right, immunity or protection

Answer 40

Privilege

Question 41

A client and an attorney can refuse to disclose any information between them for the purpose of the communication was to facilitate the provision of legal services to the client.

Answer 41

Attorney-Client Privilege

Question 42

notes, working papers, memoranda or similar things prepared by or for an attorney in anticipation of litigation are not discoverable by an opponent, absent a showing of substantial need. They are protected by privilege.

Answer 42

Work Product Rule

Question 43

to prove the contents of a privilege writing, the original writing should be produced unless it is unavailable.

Answer 43

Best evidence Rule

Question 44

evidence that a writing or other physical item is genuine and what it purports to be.

Answer 44

Authentication

Question 45

one who has died leaving a valid will.

Answer 45

Testator

Question 46

prior or contemporaneous oral statements cannot be introduced to alter or contradict the terms of a written document of the parties intend to write the document to be a complete statement of the agreement.

Answer 46

Parol Evidence Rule

Question 47

existing or occurring in the same period of time

Answer 47

contemporaneous

Question 48

an outgoing record that provides identification and other data about documents and other tangible objects that might eventually be introduced into evidence.

Answer 48

Evidence Log

Question 49

someone who actually observed an event

Answer 49

occurrence witness

Question 50

someone who did not observe an event but who can give a first hand account of what happened before the event.

Answer 50

Pre-occurence witness

Question 51

someone who did not observe an event but who can give a first hand account of what happened after the event.

Answer 51

Post occurrence Witness

Question 52

a clause stating that a person saw someone sign a document or perform other tasks related to the validity of a document.

Answer 52

Attestation Clause

Question 53

to refute or oppose

Answer 53

rebut

Question 54

A summary of the major facts in the case presented in a manner designed to encourage the other side (or insurance company) to settle the case. Also called settlement brochure.

Answer 54

Settlement Work Up

Question 55

(1) a summons, writ or court order, e.g. to appear in court (2) procedures and proceedings in an action or prosecution

Answer 55

process