9 - Investigation in a Law Office Flashcards
forensic
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)
mass tort
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
skiptracing
efforts to locate persons (e.g. debtors) or assets
service of process
a formal delivery of notice to a defendant that a suit has been initiated to which they must respond
fact
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)
settlement
an agreement resolving a disputer without full litigation
impeach
to challenge; to attack the credibility of
proof
enough evidence to establish the existence or non-existence of an alleged fact
standard of proof
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
beyond a reasonable doubt
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
preponderance of the evidence
the standard of proof that is met when the evidence establishes that it is more likely than not that the facts are as alleged
clear and convincing evidence
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)
Freedom of Information Act (FOIA)
a statute that gives the public access to certain info in the possession of the government
sunshine laws
a statute that requires some government agencies to have open meetings and to provide public access to designated public records
parol evidence
evidence of an oral statement
tangible evidence
physical evidence; evidence that has a physical form; evidence that can be seen and inspected
intangible evidence
evidence without physical form; sometimes embodied or evidenced by something physical (e.g. a written contract)
judgment creditor
the person who wins and therefore has a right to collect a money judgment
judgment debtor
the persons who loses and therefore must pay a money judgment
admissible
allowed into court to determine truth or believability
admission
an assertion of the truth of a fact
stipulation
an agreement between opposing parties about a particular matter
judicial notice
a court’s acceptance of a well-known fact without requiring proof of that fact
presumption
an assumption or inference that a certain fact is true once another fact is established
rebuttable presumption
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
irrebuttable presumption
an assumption or inference of fact that cannot be overcome because evidence to the contrary will not be considered (conclusive)
relevant
contributing to the resolution of a problem or issue
credibility
the extent to which something is believable or worthy of belief
opinion
a judgment, belief, or appraisal of something that may or may not be based on fact or proof
hearsay
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
privilege
a special legal benefit, right, exemption, or protection
privilege log
a list of information or documents claimed to be covered by privilege and, therefore, protected from disclosure in discovery or during trial
authentication
the use of evidence that a writing or other physical item is genuine and that it is what it purports to be
testator
one who has died leaving a valid will
parol-evidence rule
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
chain of custody
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
evidence log
an ongoing record that provides identification and related data about documents and other tangible objects that might eventually be introduced into evidence
occurrence witness
someone who actually observed an event
pre-occurrence witness
someone who didn’t observe an event but who can give an account of what happened before the event
post-occurrence witness
someone who didn’t observe an event but who can give an account of what happened after the event
rebut
to refute or oppose
settlement work-up
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
