Chapter 9 Investigations Flashcards
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.
Due Diligence
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.
Legal Investigation
(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.
Fact
an argument resolving a dispute without full litigation
Settlement
to challenge; to attack the credibility of
Impeach
compulsory pretrial disclosure of information related to litigation by one party to another party. Can also be used in post judgment enforcement proceedings.
Discovery
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.
Deposition
take down in a word for word account
transcribed
A method of discovery consisting of written questions sent by one party to another to assist the sender to prepare for trial.
Interrogatories
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.
Evidence
enough evidence to establish the truth or falsity of a fact.
Proof
non procedural laws that define or govern rights and duties
Substantive Law
A question that suggests an answer in the question
Leading question
evidence of an oral statement
Parol Evidence
Evidence that can be seen or touched; evidence that has physical form.
Tangible Evidence
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.
Disinterested
prejudice for or against something. An inclination or tendency to think and to act in a certain way. A danger of prejudgment.
Bias
(1) A command to appear in a court, agency or other tribunal. (2) ordered to turn over or produce something.
Subpoenaed
The person to whom the court awarded money judgment (damages) is owed.
Judgment creditor
the person ordered by the court to pay a money judgment (damages)
Judgment Debtor
an individual, business, or other organization with resources to pay a potential judgment (2) sufficient assets for this purpose
Deep Pocket
Efforts to locate a person or assets
Skip Tracing
an assertion of the truth of a fact
Admission
an agreement between opposing parties about a particular matter
stipulation
a courts acceptance of a well known fact without requiring proof of that fact.
judicial notice
an assumption of interference that a certain fact is true once another fact is established
presumption
not conclusive; evidence to the contrary is admissible.
Rebutable
Conclusive; evidence to the contrary is inadmissible.
Irrebutable
allowed into court to determine its truth or believability
admissible
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.
Direct Evidence
Evidence from one fact in which another fact ( not personally observed or known) can be inferred. Also called indirect evidence.
Circumstantial Evidence
logically tending to establish or disprove a fact
Relevant
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.
Competent
the extent to which something is believable
Credibility
an inference from a fact
opinion
an out of court statement offered to prove the truth of the matter asserted in the statement
Hearsay
a person who makes a declaration or statement
Declarant
a special legal benefit, right, immunity or protection
Privilege
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.
Attorney-Client Privilege
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.
Work Product Rule
to prove the contents of a privilege writing, the original writing should be produced unless it is unavailable.
Best evidence Rule
evidence that a writing or other physical item is genuine and what it purports to be.
Authentication
one who has died leaving a valid will.
Testator
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.
Parol Evidence Rule
existing or occurring in the same period of time
contemporaneous
an outgoing record that provides identification and other data about documents and other tangible objects that might eventually be introduced into evidence.
Evidence Log
someone who actually observed an event
occurrence witness
someone who did not observe an event but who can give a first hand account of what happened before the event.
Pre-occurence witness
someone who did not observe an event but who can give a first hand account of what happened after the event.
Post occurrence Witness
a clause stating that a person saw someone sign a document or perform other tasks related to the validity of a document.
Attestation Clause
to refute or oppose
rebut
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.
Settlement Work Up
(1) a summons, writ or court order, e.g. to appear in court (2) procedures and proceedings in an action or prosecution
process
