Chapters 8 - 9

Front 1

Default

Back 1

1.) Failure to take action 2.) The Failure to exercise a legal duty.

Front 2

3 main kinds of legal interviews

Back 2

Initial Client Interview

Follow-up Client Interview

Field Interview if someone other then the client

Front 3

Relevant

Back 3

Logically tending to establish or disprove a fact. Pertinent. Relevant evidence is evidence having any tendency to make the existence of a fact more probable or less probable than it would be without the evidence.

Front 4

Substantive Law

Back 4

(Nonprocedural laws that define or govern rights and duties e.g., the duty to use reasonable care to avoid injuring someone.

Front 5

Procedural Law

Back 5

Consists of the rules that govern the mechanics of resolving a dispute in a court or administrative agency e.g., a rule on the time by which a party must respond to a complaint.

Front 6

Evidence

Back 6

Anything offered to establish the existence or nonexistence of a fact in dispute.

Front 7

State of limitations

Back 7

A law stating that civil or criminal actions are barred if not brought within a specified period of time. This action is time-barred if not brought within that time.

Front 8

Intake Memo

Back 8

Heading

Personal Data

State of Assignment

Body of Memo

Conclusion

Front 9

Fact Particularization (FP)

Back 9

Fact-gathering technique to generate a large list of factual questions (who, what, where, how, when, and why) that will help you obtain a specific and comprehensive picture of all available facts to relevant to a legal issue.

Front 10

Deposition

Back 10

1.) a method of discovery by which parties and their prospective witnesses are questioned by the opposing party before trial at location other than a courtroom.( judges are not present depositions) The person questioned is called the deponent. 2.) A post trail method of discovery by which the winning party seeks to uncover facts that will help it enforce the judgement it obtained against the losing side)

Front 11

Cause of Action

Back 11

1.) A legally acceptable reason for bringing a suit. A rule that constitutes a legal theory for bringing a suit.(2) The facts that give a person a right to judicial relief. When you state a cause of action, you lost the facts that give you a right to judicial relief against the alleged wrongdoer.

Front 12

Discovery

Back 12

Methods used by parties to force information from each other before trial to aid in trail preparation. Examples: interrogatories and depositions

Front 13

Inference

Back 13

A deduction or conclusion reached from facts

Front 14

Analogy

Back 14

A comparison of similarities and differences.

Front 15

Breach of Contract

Back 15

A cause of action seeking a court remedy (usually damages) for the alleged failure of a party to perform the term(s) of an enforceable contract.

Front 16

Impeach

Back 16

To challenge; to attack the credibility of.

Front 17

Standard of Proof

Back 17

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.

Front 18

Proof

Back 18

Enough evidence to establish the existence or nonexistence of an alleged fact.

Front 19

Beyond a Reasonable Doubt

Back 19

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 to themselves.

Front 20

Clear and convincing evidence

Back 20

A standard of proof that is met when the evidence demonstrates that the exit of a disputed fact is much more probable than its nonexistence. This standard is stronger than preponderance of the evidence but not as strong as beyond a reasonable doubt.

Front 21

Preponderance of the evidence

Back 21

The standard of proof that is met when the evidence establishes that it is more likely than not that the facts are as alleged. Also called fair preponderance of evidence.

Front 22

Parole Evidence

Back 22

Evidence of an oral statement

Front 23

Tangible Evidence

Back 23

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

Front 24

Judgement Debtor

Back 24

The person who loses and therefore must pay a money judgement

Front 25

Anticontact Rule

Back 25

An advocate must not contact an opposing party without permission of the latter attorney. Also called no-contact rule.

Front 26

5 Types of witnesses

Back 26

Hostile

Skeptical

Friendly

Disinterested or Neutral

Combination of all

Front 27

Admission

Back 27

An assertion of the truth of a fact.

Front 28

Judicial notice

Back 28

A courts acceptance of a well-known fact without requiring proof of the fact.

Front 29

Presumption

Back 29

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

Front 30

Rebuttable presumption

Back 30

An assumption or inference of fact that can be overcome (rebutted) by sufficient contrary evidence but that will be treated as accurate if is not rebutted.

Front 31

Irrebuttable Presumption

Back 31

An assumption or inference of fact that cannot be overcome (rebutted) because evidence to the contrary will not be considered. The presumption is conclusive.

Front 32

Kinds of questions

Back 32

Open-ended

Closed-ended

Overview

Chronological

Leading

Hostile

Corroborative

Combination

Multiple choice

Add-on

Wrap-up

Front 33

3 main topics in the study of investigation

Back 33

The nature of investigation

Techniques of investigation

Evidence law and investigation

Front 34

Request for admission

Back 34

A method of discovery by which one party sends a request to another party that the latter agree that a certain fact or legal conclusion is true or valid so that there will be no need to present proof or arguments about that matter during the trial.

Front 35

Request for production of documents

Back 35

A method of discovery by which one party requests that another party provide access to electronically stored data, paper documents, or other tangible things for copying or inspection. The method can also include a request to enter the party’s land for inspection

Front 36

Independent Medical Exam

(IME)

Back 36

A method of discovery by which a party obtains a court order for a professional examination of a person whose physical or mental condition is in controversy, e.g., the extent of the plaintiffs alleged injuries.

Front 37

Evidence Log

Back 37

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

Front 38

Exceptions to Hearsay

Back 38

Statement against self-interest

Dying Declaration

Excited Utterance

Statement of present sense impression

Statement of existing, Mental, Emotional, or Physical Condition

Front 39

Done

Back 39

Done