9 - Investigation in a Law Office

Question 1

forensic

Answer 1

1 - pertaining to the use of scientific techniques to discover and examine evidence
2 - belonging to or suitable in courts of law
3 - forensics (ballistics or firearms evidence)

Question 2

mass tort

Answer 2

a general term for various causes of action asserted by a large number of persons who have been harmed by the same or similar conduct or product of a relatively small number of defendants; causes of action include negligence, strict liability in tort, breach of warranty, misrepresentation, and violations of deceptive trade acts

Question 3

skiptracing

Answer 3

efforts to locate persons (e.g. debtors) or assets

Question 4

service of process

Answer 4

a formal delivery of notice to a defendant that a suit has been initiated to which they must respond

Question 5

fact

Answer 5

an actual event; a real occurrence; anything that can be shown to exist (e.g. an incident, a relationship, an intention, an opinion, or an emotion)

Question 6

settlement

Answer 6

an agreement resolving a disputer without full litigation

Question 7

impeach

Answer 7

to challenge; to attack the credibility of

Question 8

proof

Answer 8

enough evidence to establish the existence or non-existence of an alleged fact

Question 9

standard of proof

Answer 9

a statement of how convincing a version of a fact must be before the trier of facts (usually the jury) can accept it as true

Question 10

beyond a reasonable doubt

Answer 10

the standard of proof that is met when there are no doubts about the evidence that would cause prudent persons to hesitate before acting in matters of importance of themselves

Question 11

preponderance of the evidence

Answer 11

the standard of proof that is met when the evidence establishes that it is more likely than not that the facts are as alleged

Question 12

clear and convincing evidence

Answer 12

a standard of proof that is met when the evidence demonstrates that the existence of a disputed fact is much more probable than its non-existence (stronger than preponderance of the evidence but not as strong as beyond a reasonable doubt)

Question 13

Freedom of Information Act (FOIA)

Answer 13

a statute that gives the public access to certain info in the possession of the government

Question 14

sunshine laws

Answer 14

a statute that requires some government agencies to have open meetings and to provide public access to designated public records

Question 15

parol evidence

Answer 15

evidence of an oral statement

Question 16

tangible evidence

Answer 16

physical evidence; evidence that has a physical form; evidence that can be seen and inspected

Question 17

intangible evidence

Answer 17

evidence without physical form; sometimes embodied or evidenced by something physical (e.g. a written contract)

Question 18

judgment creditor

Answer 18

the person who wins and therefore has a right to collect a money judgment

Question 19

judgment debtor

Answer 19

the persons who loses and therefore must pay a money judgment

Question 20

admissible

Answer 20

allowed into court to determine truth or believability

Question 21

admission

Answer 21

an assertion of the truth of a fact

Question 22

stipulation

Answer 22

an agreement between opposing parties about a particular matter

Question 23

judicial notice

Answer 23

a court’s acceptance of a well-known fact without requiring proof of that fact

Question 24

presumption

Answer 24

an assumption or inference that a certain fact is true once another fact is established

Question 25

rebuttable presumption

Answer 25

an assumption or inference of fact that can be overcome by sufficient contrary evidence but that will be treated as accurate if it is not rebutted

Question 26

irrebuttable presumption

Answer 26

an assumption or inference of fact that cannot be overcome because evidence to the contrary will not be considered (conclusive)

Question 27

relevant

Answer 27

contributing to the resolution of a problem or issue

Question 28

credibility

Answer 28

the extent to which something is believable or worthy of belief

Question 29

opinion

Answer 29

a judgment, belief, or appraisal of something that may or may not be based on fact or proof

Question 30

hearsay

Answer 30

an out-of-court statement quoted or reported by someone who didn’t make the statement when offered into evidence to prove the truth of the matter asserted in the statement

Question 31

privilege

Answer 31

a special legal benefit, right, exemption, or protection

Question 32

privilege log

Answer 32

a list of information or documents claimed to be covered by privilege and, therefore, protected from disclosure in discovery or during trial

Question 33

authentication

Answer 33

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

Question 34

testator

Answer 34

one who has died leaving a valid will

Question 35

parol-evidence rule

Answer 35

prior or contemporaneous oral statements can’t be introduced to alter or contradict the terms of a written document if the parties intended the written document to be a complete statement of agreement

Question 36

chain of custody

Answer 36

a list that covers the movement of evidence (and the persons who had it in their possession) from the time the evidence was obtained to the time it is offered in court

Question 37

evidence log

Answer 37

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

Question 38

occurrence witness

Answer 38

someone who actually observed an event

Question 39

pre-occurrence witness

Answer 39

someone who didn’t observe an event but who can give an account of what happened before the event

Question 40

post-occurrence witness

Answer 40

someone who didn’t observe an event but who can give an account of what happened after the event

Question 41

rebut

Answer 41

to refute or oppose

Question 42

settlement work-up

Answer 42

a summary of the major facts in the case presented in a manner designed to encourage the other side (or it’s liability insurance company) to settle the case