Flashcards in Chapter 9 Investigations Deck (55)
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.
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.
(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.
an argument resolving a dispute without full litigation
to challenge; to attack the credibility of
compulsory pretrial disclosure of information related to litigation by one party to another party. Can also be used in post judgment enforcement proceedings.
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.
take down in a word for word account
A method of discovery consisting of written questions sent by one party to another to assist the sender to prepare for trial.
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
anything that could be offered to prove or disprove an alleged fact. Examples include testimony, documents and fingerprints.
enough evidence to establish the truth or falsity of a fact.
non procedural laws that define or govern rights and duties
A question that suggests an answer in the question
evidence of an oral statement
Evidence that can be seen or touched; evidence that has physical form.
A statute that gives citizens access to certain information in the possession of the government.
Freedom of Information Act
not working for one side or the other in a controversy; not deriving benefit if one side of a dispute wins or loses; objective.
prejudice for or against something. An inclination or tendency to think and to act in a certain way. A danger of prejudgment.
(1) A command to appear in a court, agency or other tribunal. (2) ordered to turn over or produce something.
The person to whom the court awarded money judgment (damages) is owed.
the person ordered by the court to pay a money judgment (damages)
an individual, business, or other organization with resources to pay a potential judgment (2) sufficient assets for this purpose
Efforts to locate a person or assets
an assertion of the truth of a fact
an agreement between opposing parties about a particular matter
a courts acceptance of a well known fact without requiring proof of that fact.
an assumption of interference that a certain fact is true once another fact is established
not conclusive; evidence to the contrary is admissible.