Statsky Chapter 9

Front 1

admissible evidence

Back 1

Evidence that is presented before the trier of fact to consider in deciding a case.

Front 2

admission

Back 2

A voluntary acknowledgement of a fact that an opponent wants to prove.

Front 3

attestation clause

Back 3

A clause stating that a person saw someone sign a document or perform other task relatedto the validity of the document.

Front 4

attorney-client privilege

Back 4

A client and an attorneycan refuse to disclose any communication between them whose was to facilitate the provision of legal services for the client.

Front 5

bias

Back 5

Inclination or tendency to think and act in a certain way.

Front 6

circumstantial evidence

Back 6

Evidence from one fact from which another fact can be inferred.

Front 7

competent

Back 7

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.

Front 8

credibility

Back 8

The extent to which something is believable.

Front 9

deep pocket

Back 9

An individual who has the ability to pay a potential judgement.

Front 10

deposition

Back 10

A method of discovery by which parties and their prospective witnesses are questioned before trial; a pre-trial question and answer session to help parties prepare for the trial

Front 11

direct evidence

Back 11

Evidence that tends to establish a fact without the need for inference.

Front 12

discovery

Back 12

Compulsory pretrial disclosure of information by one party to another party during litagation.

Front 13

disinterested

Back 13

Not working for one side or the other in a controversy.

Front 14

evidence

Back 14

Anything that tends to prove or disprove a fact.

Front 15

forensic

Back 15

Pertaining to the use of science to help resolve a legal question; used in arguments or public debate.

Front 16

Freedom of Information Act (FOIA)

Back 16

A statute that gives citizens access to certain information in the possession of the government.

Front 17

hearsay

Back 17

An out-of-court statement offered to prove the truth of the matter asserted in the statement.

Front 18

impeach

Back 18

To attack the credibility of.

Front 19

interrogatories

Back 19

A method of discover consisting of written questions sent by one party to another party to assist the sender to prepare for the trial.

Front 20

irrebuttable

Back 20

Conclusive; evidence to the contrary is inadmissible.

Front 21

judgement creditor

Back 21

Person to whom a court-awarded money judgement is owed.

Front 22

judgement debtor

Back 22

Person ordered by a court to pay a money judgement.

Front 23

judicial notice

Back 23

A court's acceptance of a well known fact without requiring proof of that fact.

Front 24

legal investigation

Back 24

The process of gathering additional facts and verifying presently known facts in order to advise a client about solving or avoiding a legal problem.

Front 25

occurrence witness

Back 25

Someone who actually observed an event or incident.

Front 26

opinion

Back 26

An inference from a fact.

Front 27

oral evidence

Back 27

Parol evidence

Front 28

post-occurrence witness

Back 28

Someone who did not observe an event or incident, but who can give a first hand account of what happened after the event or incident.

Front 29

pre-occurrence withness

Back 29

Someone who did not observe an event or incident, but who can give a first hand account of what happened before the event or incident.

Front 30

presumption

Back 30

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

Front 31

privilege

Back 31

A special benefit, protection, or right, such as the right to refuse to testify or prevent someone else from testifying.

Front 32

proof

Back 32

Enough evidence to establish the truth or falsify a fact.

Front 33

rebuttable

Back 33

Non-conclusive; evidence to the contrary is inadmissible.

Front 34

relevant evidence

Back 34

Evidence that has a reasonable relationship to the truth or falsity of a fact.

Front 35

request for admission

Back 35

A method of discovery consisting of a statement of fact that the other side is asked to affirm or deny.

Front 36

settlement work-up

Back 36

A summary of the major facts in the case presented in a manner designed to encourage the other side to settle the case; also called the settlement brochure.

Front 37

stipulation

Back 37

An agreement between opposing parties in a particular matter.

Front 38

settlement

Back 38

An agreement to end a dispute before it is resolved by all available agencies or courts.

Front 39

skip tracing

Back 39

Efforts to locate individuals, particularly debtors, and their assets.

Front 40

tangible evidence

Back 40

Evidence that can be seen or touched.