Chapter 2 -- Informal Fact Gathering and Investigation -- Terminology Flashcards
Defense pled by the defendant in the answer that, if proven, denies recovery to the plaintiff
Affirmative defense
A cause of action that requires the plaintiff to allege a contract that was breached by the defendant, causing damages to the plaintiff. Plaintiff must also allege that plaintiff has either performed under the contract or is excused from performing on the contract.
Breach of contract
Theory of recovery that entitles the plaintiff to recover against the defendant
Cause of action
establishing evidence of a piece of evidence at all times prior to its possible use at trial
chain of custody
A worldwide computer network of information databases
Internet
Instructions that itemize the elements for various claims, reliefs and defenses
jury instructions
Type of cause of action. To state a claim for negligence, the plaintiff must allege a duty of care by one party to another that was breached and tat was the cause of the plaintiff’s damages
negligence
Tangible personal property such as vehicles, machinery, and consumer products that may be used as trial exhibitions
physical evidence
Claim in the form of a pleading brought by the defendant against the plaintiff as part of the same lawsuit
counterclaim
Tangible items of evidence presented at trial
exhibits
The judge or jury that reviews the disputed events and determines the facts
factfinder
The discrediting of witness’ testimony so that the statements made by the witness will not be believed by the trier of fact
impeachment
Case in which each element of the plaintiff’s claim can be proven
prima facie case
Statute that limits the time period in which an action may be brought
statute of limitations
Court order compelling a nonparty to appear or produce documents or other tangible items
subpoena
